2017

ANNUAL

REPORT

UNITED STATES 

COURTS FOR THE 

NINTH CIRCUIT
 e O ce of the Circuit Executive would like to acknowledge the

 following for their contributions to the 2017 Ninth Circuit Annual Report:

Chief Judge Sidney R.  omas, Ninth Circuit Court of Appeals

Elizabeth A. Smith, Circuit Executive, Ninth Circuit

Molly C. Dwyer, Clerk of Court, Ninth Circuit Court of Appeals

Susan M. Spraul, Clerk, Ninth Circuit Bankruptcy Appellate Panel

Kathleen J. Campbell, Bankruptcy Clerk, Central District of California

Tom Holter, Chief Probation O cer, District of Montana

Robyn Lipsky, Executive Director, Ninth Judicial Circuit Historical Society

Ninth Circuit Library Sta 
The mission of the Judicial Council of the Ninth Circuit is to support the 

effective and expeditious administration of justice and the safeguarding of 

fairness in the administration of the courts within the circuit. To do so, it 

will promote the fair and prompt resolution of disputes, ensure the effective 

discharge of court business, prevent any form of invidious discrimination, and 

enhance public understanding of, and confidence in the judiciary.

The Judicial Council of the Ninth Circuit

Seated from left are Circuit Judge Jay S. Bybee, District Judge Ann L. Aiken, Chief 

Circuit Judge Sidney R. Thomas, Circuit Judge Milan D. Smith, Jr., Senior District 

Judge Susan Oki Mollway and Circuit Executive Elizabeth A. Smith. Standing 

from left are Chief Pretrial Services Officer Roy Saenz, District Court Clerk Brian 

D. Karth, Chief Probation Officer Tom Holter, Bankruptcy Court Clerk Beverly A. 

Benka, Chief Magistrate Judge James P. Donohue, Chief Bankruptcy Judge Sheri 

Bluebond, District Judge Andrew J. Guilford, Senior District Judge Claudia Wilken, 

Chief District Judge J. Michael Seabright, and Circuit Judge N. Randy Smith.

Not present: Senior Circuit Judge William C. Canby, Jr., Circuit Judge Mary H. 

Murguia, Chief District Judge Barry Ted Moskowitz, Chief District Judge Virginia 

A. Phillips, District Court Clerk Marianne Matherly, and Chief Pretrial Services 

Officer George Walker.

MISSION STATEMENT
Table of Contents

NINTH CIRCUIT OVERVIEW

Foreword 1

Ninth Circuit Overview 3

Judicial Council, Advisory Groups

and Administration 4

JUDICIAL TRANSITIONS 

New Judges 7

Senior Judges 10

In Memoriam 11

Ninth Circuit Court of Appeals Loses

 Two Esteemed Jurists 15

NINTH CIRCUIT HIGHLIGHTS

Ninth Circuit Symposium Engages in Discussion 

of Civility 17

Ninth Circuit, Central District of California Host

2017 Media Conference 19

Ninth Circuit Welcomes New Law Clerks 20

Civil Rights Icon Judge Thelton Henderson Retires 21

For Magistrate Judges, Mediation Training 

Program Fills a Void 22

Ninth Circuit Judicial Conference Returns 

to San Francisco 23

Ninth Circuit Judicial Conference Awards Honor 

Oregon District Judge and Spokane Attorney 26

Judicial Conference Programs Emphasize 

Civics Education 28

Civics Contest Winners Hail from Five States 30

With Exhibits, Events and Website, 

Historical Society Advances Public Education 31

New Website Promotes Collaboration in 

Court Outreach 32

Bankruptcy Court Seeks to Curb Exploitation 

of Pro Se Filers 33

Federated States of Micronesia Hosts Biennial 

Conference for Judicial Officers and Court Staff 34

Idaho Judge Candy Dale Is New JCUS 

Magistrate Judge Observer 35

2017 Awards 36

Retirement Marks End of an Era for

Ninth Circuit Administration 37

Ninth Circuit Finds New Circuit Executive

Close to Home 38

Administrative Changes in the 

Ninth Circuit 39

First All-Female Ninth Circuit BAP Panel 40

SPACE AND SECURITY

Construction Begins for New Courthouse 

in the Northern Mariana Islands 41

Ninth Circuit Courts to Exceed Space 

Reduction Goals 42

WORK OF THE COURTS

Court of Appeals Reduces Pending 

Cases, Improves Processing Times 43

While Criminal Filings Rise, District 

Courts Caseloads Decline Overall 47

Decline in Bankruptcy Filings 

Slows in 2017 51

Bankruptcy Appellate Panel Reduces 

Pro Se Caseload 54

Magistrate Judges See Increases in 

Criminal, Civil Duties 56

Federal Public Defenders Circuit Wide 

See Downturn in New Cases 59

Ninth Circuit Probation Offices See 

Increase in Revocations 61

Number of Defendants Under Pretrial

Supervision Holds Steady 64

Juror Utilization 67

Interpreter Usage by District Courts 68

District Caseloads 69
1

Foreword

Equal justice and accountability are among the core 

values which guide the Judiciary in the administration of 

justice. These principles are put into practice every day by 

the federal courts serving the western United States and 

Pacific islands. Our judges and staff continue to perform 

outstanding work in the administration of justice in the 

West. I offer my profound thanks to all of them for their 

hard work and dedication.

CHIEF JUDGE

SIDNEY R. THOMAS

The 2017 Ninth Circuit Annual Report provides 

statistical workload summaries, makes note of judicial 

transitions, and updates current court construction 

projects. It also highlights some of the many programs 

and initiatives undertaken in 2017 by the Judicial 

Council of the Ninth Circuit and its advisory and 

standing committees.

Equal justice means fairness and impartiality in 

the administration of justice. Through educational 

programs offered over the years at our circuit 

conferences or organized by our Fairness Committee, 

Ninth Circuit judges have learned much about 

implicit bias – the unconscious attitudes and 

stereotypes that affect our perceptions, actions and 

decisions. Judges are now sharing that knowledge 

with would-be jurors, often in their comments prior 

to voir dire and through video presentations.

Equal justice also means making court processes 

more accessible and understandable, particularly to 

self-represented litigants who comprise significant 

portions of the caseloads in all of our courts. In 

the Ninth Circuit last year, pro se litigants were 

responsible for 44.5 percent of new appeals, 30.2 

percent of new civil cases in the district courts, and 

15.5 percent of new bankruptcy filings. The Ninth 

Circuit and virtually all of the courts within the circuit 

have established pro se committees, and there are 

numerous law clerks around the circuit who work 

exclusively on pro se cases.

As prison inmates account for the vast majority 

of pro se filings, district courts are working more 

closely with corrections officials and state attorneys 

general. This collaboration, which was organized by 

the Ninth Circuit Pro Se Litigation Committee, led 

to a nine-state “corrections summit" in 2015 with a 

similar gathering planned in 2018. Bankruptcy courts, 

meanwhile, are engaged in public education efforts to 

curtail exploitation of pro se filers by unscrupulous 

bankruptcy petition preparers, who often overcharge, 

provide inaccurate or misleading legal advice, and fail 

to perform necessary filing tasks.

Good stewardship of public funds and property and the 

effective and efficient use of resources are hallmarks of 

accountability. In 2017, the Ninth Circuit led the way in 

a Judiciary-wide effort to reduce building space needs. 

Through creative ideas and greater use of technology, 

courts in the Ninth Circuit released more than 200,000 

square feet of space, which is equivalent to the floor 

space in a mid-sized courthouse. The circuit’s Space and 

Security Committee oversees this ongoing effort, which 

is expected to save taxpayers up to $10 million in annual 

rents. Separately, an ad hoc committee of judges and staff 

is delving into how courts are sharing resources, thus 

further reducing costs by avoiding duplicative services. 

We expect a report on resource sharing in 2018. 

We have also been good stewards of public funds in 

the provision of legal counsel to indigent defendants 

as required under the Sixth Amendment and the 
2

Criminal Justice Act. In consultation with district 

judges, case budgeting attorneys from the Office 

of the Circuit Executive work with CJA panel 

attorneys to reduce costs without compromising the 

effectiveness of legal representation. Their work is 

estimated to save more than $1 million annually.

Accountability also means adhering to stringent 

standards of conduct and legal and ethical rules. This 

was evident last year in the Judiciary’s comprehensive 

response to the issue of workplace harassment. The 

Ninth Circuit Workplace Environment Initiative, 

which I established late in the year, is part of a 

national effort to assure a healthy and productive 

work environment for our law clerks and staff. I have 

appointed a committee of judges and an attorney 

specializing in employment matters to reexamine 

workplace policies and procedures in all of our courts. 

The committee’s primary work should be completed 

by our Judicial Conference in August 2018. 

Although our dockets remain crowded, new filings 

decreased in fiscal year 2017. While federal courts 

nationally reported fewer new cases, the decline was 

generally less pronounced in the Ninth Circuit. At 

the appellate level, new filings in the Ninth Circuit 

were down 3.3 percent while falling 16.3 percent 

nationally. District courts of the circuit reported 1.4 

percent fewer new civil and criminal cases compared 

to a 6.7 percent national decline. Ninth Circuit 

bankruptcy filings were down 5.2 percent, exceeding 

a 1.8 percent national decline, which speaks well for 

the economy in the West.

The Ninth Circuit Court of Appeals continued to 

reduce its pending caseload and case processing times 

in fiscal year 2017. The court’s pending cases were 

down 5.8 percent while the median time interval 

from filing of a notice of appeal to final disposition 

was 13 months, down from 15.2 months the prior 

fiscal year. The positive changes resulted from a 

concerted effort to remove or resolve older, stalled 

cases while expediting disposition of matters ready 

for panel consideration.

Judicial vacancies continue to accumulate at an 

alarming rate throughout the circuit. The Ninth 

Circuit Court of Appeals ended the year with five of 

29 judgeships, or 17 percent, vacant. In the district 

courts, 17 of 112 judgeships, or 15 percent, were 

vacant at year’s end. All of the current vacancies on 

the court of appeals and nine of 17 district court 

vacancies are considered judicial emergencies based 

on duration and/or caseload factors. The hard work 

of senior judges has helped to avert a crisis for now.

The Senate confirmed one new district judge 

during the year, but took no action on two other 

nominations. We welcome Judge David C. Nye of the 

U.S. District Court for the District of Idaho, who took 

the bench in July. Three new bankruptcy judges were 

appointed by the Ninth Circuit Court of Appeals 

while judges of district courts appointed five new 

magistrate judges.

2017 saw the passing of a dozen current and former 

judges of Ninth Circuit courts, all of whom made 

important contributions to the law and their 

communities. The group included two esteemed 

colleagues, Senior Circuit Judges John T. Noonan, 

Jr., and Harry Pregerson, and Senior District Judge 

William W. Schwarzer of the U.S. District Court for 

the Northern District of California, a former director 

of the Federal Judicial Center and the 2004 recipient 

of the Judiciary’s highest honor, the American 

Judicature Society’s Edward J. Devitt Distinguished 

Service to Justice Award. Many in the Ninth Circuit 

also mourned the untimely passing at age 52 of 

District Judge Beverly Reid O’Connell of the U.S. 

District Court for the Central District of California. 

There were a number of changes in court 

administration during the year, none more notable 

than the retirement of Circuit and Court of Appeals 

Executive Cathy A. Catterson, who has served the 

Judiciary for nearly 40 years. As clerk of court for 

the Ninth Circuit Court of Appeals for many years, 

she was the center of gravity for many judges and 

will be missed. She is succeeded by Elizabeth A. 

Smith, formerly clerk of court for the U.S. district 

and bankruptcy courts in Idaho. Libby will do an 

outstanding job as Circuit Executive.

I invite you to browse through this annual report. 

I hope you find it useful in providing information 

about the work of the federal courts of the West. 
3

In addition to Article III judges, the federal bench includes 

Article I judges, who serve as magistrate judges in the district 

courts and bankruptcy judges in the bankruptcy courts. 

Bankruptcy judges are appointed by judges of the courts of 

appeals and serve terms of 14 years. Magistrate judges are 

appointed by the judges of each district court and hold their 

positions for eight years. Bankruptcy and magistrate judges 

may be reappointed after the court conducts a performance 

review and considers public comment. 

In 2017, bankruptcy courts in the Ninth Circuit were 

authorized 68 permanent and five temporary judgeships. 

The district courts were authorized 105 full-time and nine 

part-time magistrate judges, and one combined position of 

part-time magistrate/clerk of court. Several courts also utilized 

recalled bankruptcy and recalled magistrate judges.

Overall, the Ninth Circuit courts experienced reduced 

caseloads in 2017. Unless otherwise noted, statistics in this 

report cover fiscal year 2017 ending September 30. 

Ninth Circuit Overview

The United States Courts for the Ninth Circuit 

consists of the U.S. Court of Appeals for the Ninth 

Circuit, the federal district and bankruptcy courts 

in the 15 judicial districts within the circuit, and 

associated administrative units that provide various 

services to the court. 

Judicial districts within the Ninth Circuit include the 

districts of Alaska, Arizona, Central California, Eastern 

California, Northern California, Southern California, 

Hawaii, Idaho, Montana, Nevada, Oregon, Eastern 

Washington, Western Washington, the U.S. Territory 

of Guam and the Commonwealth of the Northern 

Mariana Islands. The establishment of the Ninth 

Circuit in 1866 began the development of the federal 

judicial system for the western United States. It is the 

largest and busiest federal circuit in the nation.

Judges serving on the circuit and district courts are 

known as Article III judges, a reference to the article 

in the Constitution establishing the federal judiciary. 

Nominated by the president and confirmed by the 

Senate, Article III judges serve lifetime appointments 

upon good behavior. The Ninth Circuit Court of 

Appeals is authorized 29 judgeships and ended 2017 

with five vacancies. For most of the year, the district 

courts of the circuit were authorized 112 judgeships, 

17 of which were vacant at the end of the year.

Federal courts also rely on senior circuit and senior 

district judges to assist with their workload. These are 

Article III judges who are eligible to retire but have 

chosen to continue working with reduced caseloads. 

On the Ninth Circuit Court of Appeals, 17 senior 

circuit judges were at work for most of the year, sitting 

on motions and merits panels, serving on circuit and 

national judicial committees, and handling a variety 

of administrative matters. In district courts within 

the circuit, 67 senior judges were at work, hearing 

cases, presiding over procedural matters, serving on 

committees, and conducting other business in 2017.

6

7 8

13

5

1

2

3

4

12

11

10

14 15

9

Alaska

Arizona

Central California

Eastern California

Northern California

Southern California

Guam

Hawaii

Idaho

Montana

Nevada

Oregon

Northern Mariana Islands

Eastern Washington

15 Western Washington

8

14

7

13

6

12

5

11

4

10

3

9

2

1

Ninth Circuit Districts
4

Judicial Council, 

Advisory Groups 

& Administration

The Judicial Council of the Ninth Circuit is the 

governing body for federal district and bankruptcy 

courts in nine western states and two Pacific island 

jurisdictions. The judicial council’s statutory 

mission is to support the effective and expeditious 

administration of justice and the safeguarding of 

fairness in the administration of the courts. It has 

statutory authority to “make all necessary and 

appropriate orders for the effective and expeditious 

administration of justice within its circuit," 

[28 U.S.C. § 332(d)(1)].

The judicial council also has been delegated 

responsibilities by the Judicial Conference of the 

United States, the national governing body for 

the federal courts. These responsibilities include 

authorizing senior judge staffing levels and pay and 

managing the judicial misconduct complaint process.

The judicial council is chaired by the chief judge of the 

circuit and relies on advisory groups and committees 

to accomplish its governance goals. Chairs of three 

advisory groups attend council meetings as observers 

and sometimes as voting members. Committee chairs 

report to the council as needed.

Newly appointed in 2017 as voting members of 

the judicial council were Circuit Judge Jay S. Bybee 

and Chief District Judge J. Michael Seabright of 

the District of Hawaii. Newly appointed in 2017 

as observers were Chief Bankruptcy Judge Sheri 

Bluebond of the Central District of California, 

District Judge Andrew J. Guilford of the Central 

District of California, District Court Clerk Marianne 

Matherly of the Eastern District of California, 

Bankruptcy Court Clerk Beverly A. Benka of the 

Eastern District of Washington, Chief Probation 

Officer Tom Holter of the District of Montana, and 

Chief Pretrial Services Officer George Walker of the 

Central District of California. 

Under the Rules for Judicial-Conduct and JudicialDisability Proceedings, the Judicial Council of the 

Ninth Circuit considers petitions for review of the 

chief judge’s orders in judicial misconduct complaints. 

In 2017, there were 25 petitions for review filed, all of 

which were resolved by the judicial council.

Conference of Chief District Judges

The Conference of Chief District Judges advises 

the Judicial Council regarding the administration 

of justice in the circuit’s 15 district courts. The 

conference, which meets twice a year, is comprised 

of the chief district judges of each district. Chief 

District Judge Ramona Villagomez Manglona of 

the District of the Northern Mariana Islands has 

served as chair since January 2016 and chaired the 

conference until February 2017. Chief District 

Judge Barry Ted Moskowitz of the Southern District 

of California succeeded her as chair.

Conference of Chief Bankruptcy Judges

The Conference of Chief Bankruptcy Judges advises 

the Judicial Council on the administration of 

bankruptcy courts within the circuit. The conference, 

which also meets twice per year, consists of chief 

bankruptcy judges from each district, the chief 

bankruptcy judge of the Ninth Circuit Bankruptcy 

Appellate Panel, and a recalled bankruptcy judge 

representative. Chief Bankruptcy Judge Brian D. 

Lynch of the Western District of Washington chaired 

the conference until September 2017.
5

OFFICE of the CIRCUIT EXECUTIVE

Elizabeth A. Smith EXECUTIVE COMMITTEE

ADVISORY & STANDING 

COMMITTEES

• Advisory Board

• Alternative Dispute Resolution

• Criminal Case

• CJA Oversight

• Court-Council Committee on 

Bankruptcy Judge Appointments

• Courts and Community

• Court Committee on Federal 

Public Defenders Appointments

• Fairness

• Information Technology

• Jury Instructions

• Jury Trial Improvement

• Ninth Circuit Judges Education

• Pacific Islands

• Pro Se Litigation

• Space & Security

• Wellness

JUDICIAL COUNCIL of the NINTH CIRCUIT

Chief Judge Sidney R. Thomas

LIAISON COMMITTEES

• District Clerks

• Bankruptcy Clerks

• Chief Probation Officers

• Chief Pretrial Services Officers

ASSOCIATIONS OF 

JUDICIAL OFFICERS

• Conference of Chief District Judges

• Magistrate Judges Executive Board

• Conference of Chief Bankruptcy Judges

JUDICIAL CONFERENCE 

EXECUTIVE COMMITTEE

• Lawyer Representatives 

Coordinating Committee

Elevated to chief bankruptcy judge of the 

Bankruptcy Appellate Panel in 2017 was 

Bankruptcy Judge Frank L. Kurtz of the Eastern 

District of Washington. Newly appointed in 2017 

to the conference and as chief judge of the U.S. 

Bankruptcy Court for the District of Montana was 

Benjamin P. Hursh.

Magistrate Judges Executive Board

The Magistrate Judges Executive Board 

communicates to the Judicial Council on behalf of 

the more than 120 full-time, part-time and recalled 

magistrate judges serving in the district courts. The 

15-member board meets twice a year and holds 

a session with all magistrate judges at the Ninth 

Circuit Judicial Conference. The board is chaired 

by Chief Magistrate Judge James P. Donohue of the 

Western District of Washington, who assumed the 

gavel in July 2016.

Clerks of Court

Daily management of the courts rests with the 

chief judges and clerks and/or district executives 

of the court of appeals and each of the district and 

bankruptcy courts of the circuit. The clerks’ offices 

process new cases and appeals, handle docketing 

functions, respond to procedural questions from 

the public and bar, and ensure adequate judicial 

staff resources. The clerk of the court for the court 

of appeals also supervises the work of the Circuit 
6

Mediation Office and the Office of the Staff 

Attorneys, which includes the research, motions, case 

management and pro se litigation units. The Office 

of the Appellate Commissioner, also in the Ninth 

Circuit Court of Appeals Clerk’s Office, reviews 

Criminal Justice Act vouchers for cases that come 

before the court of appeals.

Associated Court Units

Ninth Circuit courts also rely on several critical courtrelated agencies to ensure the fair administration 

of justice. The district courts maintain oversight of 

U.S. Probation and Pretrial Services offices. Pretrial 

services officers are responsible for background 

investigations and reports on defendants awaiting 

trial, while probation officers supervise persons 

convicted of federal crimes after their release into 

the community. All but one judicial district in the 

circuit is served by either federal public defenders 

or community defenders, who represent indigent 

defendants unable to afford private counsel. Indigent 

defendants in the District of Northern Mariana 

Islands are represented by private attorneys provided 

by the District of Guam and paid through the federal 

Criminal Justice Act.

Circuit Libraries

The Ninth Circuit Library System assists judges, 

attorneys, court staff and the public through a network 

of 24 law libraries housed in courthouses throughout 

the western states. The primary mission of court 

librarians is to provide research services to judges 

and their staff. Research librarians assist law clerks 

on case-related research by providing guidance and 

recommendations, offering training opportunities, 

and performing direct research on more complex 

topics. Librarians also conduct research to assist court 

executives and judges in the administration of local 

courts and on matters involving committees of the 

Judicial Council of the Ninth Circuit and the Judicial 

Conference of the U.S. Library. Resources are also 

made available to the bar and public with the level of 

access determined by local judges.

Office of the Circuit Executive

The Office of the Circuit Executive provides staff 

support to the Judicial Council of the Ninth Circuit 

and implements the council’s administrative decisions 

and policies. By statute, the circuit executive is the 

administrative assistant to the chief judge of the circuit 

and secretary to the council. The circuit executive 

and her staff assist in identifying circuit-wide needs; 

conducting studies; developing and implementing 

policies; and providing training, public information 

and human resources support. Circuit executive staff 

also coordinates building and automation projects 

and advises the council on procedural and ethical 

matters. The Office of the Circuit Executive provides 

management and technical assistance to courts within 

the circuit upon request. It also administers the Ninth 

Circuit Judicial Conference.

Lawyer Representatives

Judges of the Ninth Circuit Court of Appeals and of 

each of the 15 district courts of the circuit appoint 

lawyer representatives. Lawyer representatives 

serve as a liaison between the federal bench and bar, 

fostering open communications between judges 

and lawyers, and providing support and advice in 

the functioning of the courts within the circuit. 

Attorneys serving as lawyer representatives work 

closely with district, bankruptcy and magistrate 

judges in their home districts. They participate as 

members on various committees and help plan 

local district conferences, often serving as speakers 

or facilitators. Lawyer representatives also help 

plan the Ninth Circuit Judicial Conference, which 

is convened “for the purpose of considering the 

business of the courts and advising means of 

improving the administration of justice within the 

circuit," pursuant to 28 U.S.C. § 333. 
7

District Judge

 

David C. Nye was confirmed 

as a judge of United States 

District Court for the 

District of Idaho on July 

12, 2017, and received 

his commission on the 

same day. Prior to his 

appointment, Judge Nye 

had served as a judge of the Idaho Sixth Judicial 

District since 2007. Judge Nye was engaged in 

private practice with the law firm of Merrill & 

Merrill in Pocatello, Idaho, from 1987 to 2007. 

Judge Nye received his B.A. from Brigham 

Young University in 1982 and his J.D. from 

BYU’s J. Reuben Clark Law School in 1986. 

Following law school, he clerked for Judge 

George G. Granata of the Fifth Judicial District 

Court of Idaho from 1986 to 1987. Judge Nye 

maintains chambers in Boise.

Bankruptcy Judges

David W. Hercher was 

appointed as a bankruptcy 

judge for the District of 

Oregon on January 23, 2017. 

Prior to his appointment, 

Judge Hercher had practiced 

with the law firm of Miller 

Nash Graham & Dunn LLP 

since 1981, becoming an equity partner in 

1989. He has been board certified in business 

bankruptcy law by the American Board of 

Certification since 1993. Judge Hercher 

received his bachelor’s degree, with honors, 

from the University of Oregon in 1977 and his 

J.D. in 1981 from the University of California, 

Berkeley, School of Law, where he was 

managing editor of the Ecology Law Quarterly. 

He maintains chambers in Portland.

Mary Jo Heston was 

appointed as a bankruptcy 

judge for the Western 

District of Washington on 

January 31, 2017. Prior to her 

appointment, Judge Heston 

had been a shareholder at 

the Seattle law firm of Lane 

Powell PC since 1993. From 1988 to 1993, she 

served as the U.S. trustee for Region 18, which 

takes in Alaska, Idaho, Oregon and Washington. 

She was also an adjunct faculty member at Seattle 

University School of Law, from 1984 to 2006, 

and at the University of Washington School of 

Law, from 1997 to 1999. Judge Heston has been 

a fellow of the American College of Bankruptcy 

since 2001. She received her bachelor’s degree, 

cum laude, from the University of Washington 

in 1975 and her J.D., cum laude, from Seattle 

University School of Law in 1980. She maintains 

chambers in Tacoma.

Benjamin P. Hursh was 

appointed as a bankruptcy 

judge for the District of 

Montana on February 1, 2017. 

Prior to his appointment, 

Judge Hursh had been a 

partner in the Missoula law 

firm of Crowley Fleck PLLP 

since 2011 and an associate at Cederberg Law 

Officers, P.C., from 2003 to 2008. Judge Hursh 

served as the chair of the Bankruptcy Local Rules 

Committee in the District of Montana since 2014; 

a member of the Annual Bankruptcy Section CLE 

Organization Committee since 2013; and the 

chair of the Bankruptcy Section of the Montana 

Bar Association from 2011 to 2012. Judge Hursh 

received his undergraduate degree from the 

Montana State University, Bozeman, in 1999, and 

his J.D. from University of Montana School of Law 

in 2003. He maintains chambers in Butte.

New Judges

JUDICIAL TRANSITIONS
8

Magistrate Judges

John D. Early was appointed 

a magistrate judge for the 

Central District of California on 

February 22, 2017. Prior to his 

appointment, he operated his 

own law firm representing clients 

in government investigations 

and civil litigations. Prior to 

that, Judge Early was an assistant U.S. attorney 

for the Central District of California. Prior to his 

appointment as a federal prosecutor, Judge Early 

was a litigator with Gibson, Dunn & Crutcher in 

Orange County and with White & Case in Los 

Angeles. Judge Early received his B.A. in 1990 from 

the University of Notre Dame and his J.D. in 1993 

from the University of California, Los Angeles, 

where he served as editor of the UCLA Law Review. 

He maintains chambers in Santa Ana.

Theresa L. Fricke was appointed 

a magistrate judge for the 

Western District of Washington 

on May 1, 2017. Prior to her 

appointment, she worked as an 

assistant attorney general for 

the State of Washington. Her 

practice included transportation 

law, civil rights law, administrative law, and litigation 

in state and federal courts. She represented 

Washington State Department of Transportation 

and Washington State Department of Social and 

Health Services. Judge Fricke also worked in the 

Office of the King County Prosecuting Attorney 

in Seattle, serving as senior deputy prosecuting 

attorney and chairperson of the Criminal 

Division Appellate Unit. Judge Fricke received 

her bachelor’s degree in business administration 

from the University of Washington, Foster School 

of Business, and her J.D. from Seattle University 

School of Law. She maintains chambers in Tacoma. 

Robert M. Illman was appointed 

a magistrate judge for the 

Northern District of California 

on November 6, 2017. Prior to 

his appointment, he served as 

a law clerk to Magistrate Judge 

Nandor J. Vadas of the Northern 

District of California, from 2014 

to 2017, and to Chief Magistrate Judge Wallace 

Capel, Jr., of the United States District Court for the 

Middle District of Alabama, from 2007 to 2017. He 

also served as an assistant federal public defender in 

Montgomery, Alabama, from 2003 to 2007. Judge 

Illman received his undergraduate degree from 

Covenant College and his J.D. from the University 

of Alabama School of Law. He maintains chambers 

in McKinleyville.

Susan van Keulen was appointed 

a magistrate judge for the 

Northern District of California 

on January 3, 2017. Prior to 

her appointment, she had been 

a partner in the law firm of 

O’Melveny & Myers since 2008. 

She was a commercial litigator, 

focusing on intellectual property and technology 

and commercial disputes in Silicon Valley. She 

also regularly represented pro bono clients in cases 

involving landlord-tenant disputes, immigration 

issues and legal remedies for domestic violence. 

Judge van Keulen practiced law at Thelen LLP from 

1988 to 2008. She served on the Northern District’s 

Patent Local Rules Advisory Subcommittee from 

2006 to 2014. Judge van Keulen received her B.A. 

from the University of California, Davis, and her J.D. 

from the University of California, Los Angeles. She 

maintains chambers in San Jose.

New Judges continued
9

Hemant H. (Shashi) 

Kewalramani was appointed 

a magistrate judge for the 

Central District of California 

on August 10, 2017. Prior to his 

appointment, he was in private 

practice, focused on intellectual 

property litigation and white 

collar and federal criminal investigations. As part of 

his intellectual property litigation practice, Judge 

Kewalramani represented smaller companies to 

some of the biggest technology companies in the 

world and was a registered patent attorney for close 

to 20 years. Prior to re-entering private practice, 

Judge Kewalramani worked as an assistant U.S. 

attorney in the Central and Northern districts of 

California for over seven years and handled cases 

involving fraud, computer hacking and narcotics 

violations. Judge Kewalramani received his B.S. in 

aerospace engineering from the University of Texas 

at Austin in 1993 and his J.D., cum laude, from 

Baylor Law School in 1996. He maintains chambers 

in Riverside.
10

New Judges continued

Senior Judges

Roger T. Benitez was appointed 

a district judge for the Southern 

District of California on June 21, 

2004, and assumed senior status 

on December 31, 2017. Prior 

to his appointment, he served 

as a magistrate judge for the 

Southern District of California 

from 2001 to 2004. Before coming onto the federal 

bench, he served as a judge of Imperial County 

(California) Superior Court from 1997 to 2001. He 

also engaged in private practice from 1978 to 1997. 

Judge Benitez received his B.A. from San Diego 

State University in 1974 and his J.D. from Western 

State University College of Law (now Thomas 

Jefferson School of Law) in 1978. He maintains 

chambers in San Diego.

Anna J. Brown was appointed 

a district judge for the District 

of Oregon on October 26, 

1999, and assumed senior 

status on July 27, 2017. Prior 

to her appointment to the 

federal bench, she served as a 

judge of Multnomah County 

(Oregon) Circuit Court, from 1994 to 1999, and 

District Court, from 1992 to 1994. She began her 

legal career with the Portland law firm of Bullivant 

Houser Bailey and became one of the first two 

women to be admitted as partner. Judge Brown 

received her B.S. from Portland State University in 

1975 and her J.D. from the Northwestern School 

of Law of Lewis and Clark College in 1980. While 

in law school, she also served as a law clerk to 

Multnomah County Circuit Court Judge John C. 

Beatty, Jr. She maintains chambers in Portland. 

George H. King was appointed 

a district judge for the Central 

District of California on June 

30, 1995. He retired from the 

bench on January 6, 2017. Judge 

King served as the first Asian 

American chief judge for the 

Central District of California, 

from September 14, 2012 to July 16, 2016. Prior to 

his appointment, he served as a magistrate judge 

for the Central District of California, from 1987 to 

1995. Before coming onto the federal bench, he was 

an assistant U.S. attorney in the Criminal Division 

of the U.S. Attorney’s Office for the Central District 

of California from 1975 to 1979. He also engaged 

in private practice in Los Angeles, from 1979 to 

1986. Judge King received his B.A. in 1971 from the 

University of California, Los Angeles, and his J.D. 

from the University of Southern California, Gould 

School of Law, in 1974. 
11

Magistrate Judge Larry Boyle, 

74, of the United States District 

Court for the District of Idaho 

died on November 23, 2017. He 

was appointed a magistrate judge 

in 1992, reappointed in 2000, and 

served as a recalled magistrate 

judge from 2008 to 2017. Prior 

to coming onto the federal bench, Judge Boyle had 

served as an associate justice of the Idaho Supreme 

Court, from 1989 to 1992, and as a district judge in 

the Idaho Seventh Judicial District, from 1986 to 

1989. He entered public service after a successful 

career as a trial litigator and co-founder of the firm 

Hansen, Boyle, Beard & Martin in Idaho Falls. Judge 

Boyle was active in judicial governance, serving three 

terms on the U.S. Judicial Conference’s Committee on 

the Administration of the Magistrate Judges System 

from 1998 to 2006; chairing the Ninth Circuit’s 

Magistrate Judges Executive Board from 1995 to 

1997; and serving on the circuit’s Public Information 

and Community Outreach Committee from 2006 to 

2009. Judge Boyle received his undergraduate degree 

in 1986 from Brigham Young University and his 

J.D. in 1972 from the University of Idaho College of 

Law. He is survived by his wife, Beverly; five sons; a 

daughter; and many grandchildren.

Retired Senior District Judge 

Earl Carroll, 91, of the United 

States District Court for the 

District of Arizona died on 

February 3, 2017. Nominated 

by President Carter on June 

8, 1980, he was confirmed by 

the Senate on June 26, 1980, 

and received his commission four days later. Judge 

Carroll assumed senior status in 1994 and continued 

to serve his court until retiring in 2011. Joining the 

Navy in 1943, he achieved the rank of ensign. He 

was accepted into the Navy’s V-12 officer training 

program, which allowed him to study at Arizona 

State Teacher’s College (now Northern Arizona 

University), the University of California, Los 

Angeles, and Harvard University. Judge Carroll 

received his B.S. from the University of Arizona in 

1948 and received his L.L.B. from the UA College 

of Law in 1951. He began his career as a law clerk 

to Justice Evo DeConcini of the Arizona Supreme 

Court. He then joined the law firm of Evans, Hull, 

Kitchell and Jenckes in 1952 and remained there 

until his appointment to the bench. During his time 

in private practice, he also served as counsel for the 

city of Tombstone, Arizona. Judge Carroll is survived 

by his wife of 64 years, Louise, and his daughters, 

Margaret Carroll and Katherine C. Pearson.

Magistrate Judge Stephen J. 

Hillman, 67, of the United 

States District Court for the 

Central District of California 

died on June 5, 2017. He was 

appointed in 1992, served as 

chief magistrate judge from 2007 

to 2011, and retired in 2015. 

He began his career as an associate at Koenigsberg, 

Brown, Sinsheimer & Matizer in Seattle, then was 

a federal public defender in Los Angeles, where 

he remained for eight years and became deputy 

in 1984. Prior to joining the federal bench, Judge 

Hillman was in private practice with Berman 

& Clark. Judge Hillman received his B.A. from 

University of California, Berkeley, and his J.D. from 

the University of Washington School of Law in 

1975. He is survived by his wife, Lisa; mother, June; 

brother, John; and daughters, Alison and Lauren.

Retired Magistrate Judge 

Arthur Nakazato, 65, of the 

Central District of California 

died on December 17, 2017. 

Judge Nakazato was the first 

Japanese-American to serve as 

a federal magistrate judge in 

the Continental United States. 

Appointed on August 13, 1996, he served the court 

for nearly 20 years before retiring in 2016. Prior 

to coming onto the bench, Judge Nakazato was a 

successful business trial and appellate lawyer. He 

previously served as founding president and 

In Memoriam
12

director of the Orange County Asian American Bar 

Association and founding director of the Orange 

County Japanese-American Lawyers Association. 

Judge Nakazato received his B.A., cum laude, from 

the University of Pittsburg in 1975 and his J.D. in 

1978 from Temple University School of Law, where 

he also served on the law review. He is survived by 

his wife, Deborah Bau; his mother, Lillian; and his 

brother, Paul. 

 Senior Circuit Judge John T. 

Noonan, Jr., 90, of the United 

States Court of Appeals for the 

Ninth Circuit died on April 17, 

2017. He was nominated by 

President Ronald Reagan on 

October 16, 1985, confirmed by 

the Senate on December 16, 

1985, and received his commission on December 

17, 1985. He assumed senior status in 1996. Judge 

Noonan began his career as a special assistant to 

Robert Cutler, director of President Eisenhower’s 

National Security Council, from 1954 to 1955, and 

was in private practice in Boston, from 1955 to 

1960. He was a professor of law at Notre Dame Law 

School from 1961 to 1966, and at the University of 

California, Berkeley, Boalt School of Law, from 

1967 until his judicial appointment. After coming 

onto the bench, he continued to teach at Boalt Hall 

for many years as a professor emeritus. Judge 

Noonan earned his B.A. from Harvard College in 

1947. He continued his education at St. John’s 

College, Cambridge, where he studied English 

literature, followed by the Catholic University of 

America, where he received his M.A. in 1949 and 

Ph.D. in 1951. He returned to Harvard Law School 

and earned his L.L.B. in 1954. Judge Noonan is 

survived by his wife of 49 years, Mary Lee; their 

three children, John K. Noonan (Dixie), Rebecca 

Murray (Stuart), and Susana Howard ( Jim); and 

seven grandchildren. 

Retired Circuit Judge William A. 

Norris, 89, of the United States 

Court of Appeals for the Ninth 

Circuit died on January 21, 2017. 

Judge Norris was nominated by 

President Carter on February 27, 

1980, confirmed by the Senate 

on June 18, 1980, and received 

his commission on June 18, 1980. He assumed senior 

status on July 7, 1994, and retired from the bench 

on October 24, 1997. Upon retiring from the bench, 

Judge Norris continued to practice law in Los Angeles 

as a partner at Folger Levin & Kahn LLP, from 1997 to 

2000, and then as senior counsel at Akin Gump Strauss 

Hauer & Feld LLP, from 2000 until his retirement in 

2014. Judge Norris served in the Navy from 1945 to 

1947, then received his B.A. from Princeton University 

in 1951 and his J.D. from Stanford Law School in 1954. 

After law school, Judge Norris was a law clerk to U.S. 

Supreme Court Justice William O. Douglas from 1955 

to 1956. He then practiced law with Tuttle and Taylor 

in Los Angeles, from 1956 until his appointment 

to the bench. He is survived by his wife of 27 years, 

Jane Jelenko; a son, Don Norris, and three daughters, 

Barbara, Kim and Alison Norris; a stepson, David 

Jalenko, and his wife, Karina; and two grandchildren, 

Nathan and Semantha Norris. 

District Judge Beverly Reid 

O’Connell, 52, of the United 

States District Court for the 

Central District of California 

died on October 8, 2017. 

Nominated by President Obama 

on January 4, 2013, Judge 

O’Connell was unanimously 

confirmed by the Senate on April 15, 2013, and 

received her commission on April 30, 2013. Prior to 

her appointment, Judge O’Connell sat on the Los 

Angeles County Superior Court from 2005 to 2013; 

was an assistant supervising judge for the court’s 

North Valley District from 2011 to 2013; and sat by 

designation on the California Court of Appeals for 

the Second District, Division 8. Judge O’Connell 

also served for 10 years as an assistant U.S. attorney 

In Memoriam continued
13

for the Central District of California from 1995 

to 2005. She began her career as an associate with 

Morrison & Foerster from 1990 to 1995. Judge 

O’Connell received her B.A. in 1986 from the 

University of California, Los Angeles, and her J.D. 

from Pepperdine University School of Law in 1990. 

Judge O’Connell is survived by her husband, Daniel 

B. O’Connell, and her sister, Linda J. Reid.

Bankruptcy Judge John L. "Jack" 

Peterson, 83, of the United States 

Bankruptcy Court for the District 

of Montana died on September 

10, 2017. Judge Peterson began 

his judicial career as a part-time 

bankruptcy referee in 1963. 

Judges of the U.S. District Court 

for Montana selected him to become Montana’s first 

bankruptcy judge in 1985. Serving as the court’s only 

bankruptcy judge for his first term, he stepped down 

as chief judge but continued to serve on a recall basis 

in 1999. At the time of his retirement in 2013, he was 

believed to be the nation’s longest-serving bankruptcy 

judge. Prior to his appointment, Judge Peterson had 

joined the Butte law firm of McCaffrey, Rowe, Kiley 

and Joyce and became a partner in 1963, remaining 

with the firm until coming onto the federal bench. 

Judge Peterson received both his B.A. and J.D. from 

the University of Montana. He is survived by his wife 

of 60 years, Jean; their three children: Michael, John 

and Carol Jean; a sister, Anna Lee Kuhr; and eight 

grandchildren.

Senior Circuit Judge Harry 

Pregerson, 94, of the United 

States Court of Appeals for the 

Ninth Circuit died on November 

25, 2017. Judge Pregerson was 

nominated onto the Ninth 

Circuit by President Carter on 

August 28, 1979, confirmed by 

the Senate on October 31, 1979, and received his 

commission on November 2, 1979. He assumed 

senior status on December 11, 2015. Prior to his 

Ninth Circuit service, Judge Pregerson was one of 

the first district judges of the U.S. District Court 

for the Central District of California, which was 

created in 1966. Nominated by President Johnson, 

he received his judicial commission on December 

7, 1967. Judge Pregerson also served as a judge 

of the Los Angeles Superior Court and the Los 

Angeles Municipal Court and had been in private 

practice in Los Angeles and Van Nuys, California. 

A decorated World War II veteran, Judge Pregerson 

received his B.A. in 1947 from the University 

of California, Los Angeles, and his J.D. in 1950 

from the University of California, Berkeley, Boalt 

Hall School of Law. He is survived by his wife 

of 70 years, Bernardine; a son, Senior District 

Judge Dean D. Pregerson of the Central District 

of California, and his wife, Sharon; a daughter, 

Katie Rodan, and her husband, Amnon; three 

grandchildren; two great-grandchildren; and a 

brother and sister. 

Bankruptcy Judge Herbert A. 

"Herb" Ross, 82, of the United 

States Bankruptcy Court for 

the District of Alaska died on 

February 16, 2017. Judge Ross 

was appointed a bankruptcy 

judge in 1986. He retired in 

2000 but continued to serve

on a recall basis in the districts of Alaska and 

Nevada. Judge Ross also was a mediator for various 

courts throughout the Ninth Circuit, continuing 

to work until forced to stop by illness. Prior to his 

appointment, Judge Ross was in private practice in 

Anchorage and Seward, Alaska. He was a partner at 

the law firm of Ross & Tunley, from 1964 to 1974. 

Judge Ross received his B.A. from Western Reserve 

University in 1958 and his J.D. from the University 

of San Francisco in 1964. He also received a degree 

from the Straus Institute for Conflict Resolution at 

Pepperdine School of Law. Judge Ross is survived 

by his wife, Donna Ross, a nephew, two nieces, eight 

great nieces and nephews, and many cousins.
14

Senior District Judge William W. 

Schwarzer, 91, of the United States 

District Court for the Northern 

District of California died on 

January 28, 2017. Nominated by 

President Ford on June 2, 1976, he 

was confirmed by the Senate and 

received his commission on June 

23, 1976. He assumed senior status on April 30, 1991, 

after being selected director of Federal Judicial Center. 

He led the FJC, from 1990 to 1995, and returned 

to the Northern District of California, serving until 

his retirement in 2009. In 2004, Judge Schwarzer 

was one of only four Ninth Circuit judges to have 

received the American Judicature Society's Edward 

J. Devitt Distinguished Service to Justice Award, the 

Judiciary's highest honor. Prior to joining the federal 

bench, Judge Schwarzer was in private practice in San 

Francisco from 1952 to 1976. He was also appointed 

senior counsel to the President’s Commission on CIA 

Activities within the U.S. in 1975. Judge Schwarzer 

enlisted in the Army in 1943 and was discharged 

in 1947 at the rank of second lieutenant. Judge 

Schwarzer received his B.A. from the University of 

Southern California in 1948 and his L.L.B. from 

Harvard Law School in 1951. He is survived by his 

wife, Anne; his son, Andrew Schwarzer, and his wife, 

Dr. Nancy Elder; his daughter, Jane Fields, and her 

husband, Stanley; and grandchildren, Max and Grace 

Schwarzer, and Paul, Tim and Ben Fields.

Senior District Judge Roger G. 

Strand, 83, of the United States 

District Court for the District of 

Arizona died on September 7, 

2017. Nominated by President 

Reagan on June 25, 1985, Judge 

Strand was confirmed by the 

Senate on July 19, 1985, and 

received his commission three days later. He served 

as an active judge for 15 years before assuming 

senior status on April 28, 2000. He continued to 

serve his court in various ways until taking inactive 

status a few years ago. Prior to joining the federal 

bench, Judge Strand was in private practice with 

Fennemore, Craig, von Ammon, McClennen & 

Udall until 1967. He then was appointed to the 

Maricopa County Superior Court, remaining on 

state court until his federal appointment. Judge 

Strand received his B.A. from Hamilton College in 

1955, then joined the Navy and attended the Naval 

Officers School. He served as a full lieutenant in 

the Naval Reserve from 1958 to 1961 while also 

attending law school. Judge Strand received his 

L.L.B. from Cornell Law School in 1961. He is 

survived by his wife, Joan Strand.

Senior District Judge Robert J. 

Timlin, 84, of the United States 

District Court for the Central 

District of California died on 

January 18, 2017. Nominated 

by President Clinton on April 

24, 1994, he was confirmed by 

the Senate on September 14, 

1994, and received his commission on September 15, 

1994. He assumed senior status on February 1, 2005. 

Judge Timlin served as an associate justice of the 

California District Court of Appeal for the Fourth 

Appellate District, Division Two, from 1990 until his 

appointment to the federal bench. Prior to that, he 

served on Corona Judicial District Municipal Court 

in 1976 and on the Riverside County Superior Court 

in 1980. Judge Timlin also served as a part-time 

magistrate judge for the Central District of California 

from 1971 to 1975; as assistant U.S. attorney for the 

Central District of California from 1964 to 1966; 

and as a trial attorney for the Criminal Division of 

the U.S. Department of Justice from 1961 to 1964. 

He also served as the city attorney for Corona and 

Norco, California, and as a law clerk and attorney for 

the Pennsylvania Railroad Company. He engaged 

in private practice from 1960 to 1961 and from 

1971 to 1976. Judge Timlin received his A.B. from 

Georgetown College (now Georgetown University) 

in 1954. He began his law studies at the University 

of Michigan Law School but left to serve in the U.S. 

Army as a private first class. He earned his J.D. from 

Georgetown University in 1959 and LL.M. in 1964 

from Georgetown Law Center. 

In Memoriam continued
15

With the deaths in 2017 of Senior Circuit Judges 

John T. Noonan, Jr., and Harry Pregerson, the 

United States Court of Appeals for the Ninth 

Circuit lost two eminent and esteemed colleagues. 

Both jurists had long and prolific careers and were 

highly respected by the bench and bar.

Judge John T. Noonan, Jr.

Appointed by President Ronald 

Reagan, Judge Noonan came 

onto the Ninth Circuit bench 

in 1985. He served as an active 

judge for 11 years and assumed 

senior status in 1996. As a 

senior judge, he continued to 

hear cases and author opinions, 

the most recent of which was 

published in December 2016. With 31 years on the 

bench, Judge Noonan had ranked 12th in seniority 

among the court’s 44 active and senior judges.

During his long tenure, he heard oral arguments in 

3,459 cases and authored 1,080 opinions, dissents 

and memoranda decisions. Judge Noonan authored 

noteworthy opinions in many cases. These included 

Compassion in Dying v. State of Washington, a 1995 

case arising out of the first federal litigation related to 

physician-assisted suicide by terminally ill patients; 

Lazo-Majano v. INS, a seminal opinion issued in 

1987 that articulated the doctrine of imputed political 

opinion in asylum law; and Hutchinson v. Grant, 

a 1996 decision allowing an African-American 

physician to proceed to trial with a racial prejudice 

claim against a police officer who stopped and 

detained him while he was out for an evening walk.

In Harris v. Vasquez, a 1990 opinion, Judge 

Noonan, sitting alone, stayed the execution in 

California of convicted murderer Robert Alton 

Harris to allow for an evidentiary hearing to 

determine whether Harris had received competent 

psychiatric assistance during the penalty phase of 

his capital trial. 

Judge Noonan also was a prolific author and 

sought-after lecturer, much celebrated in academia. 

His legal philosophy is perhaps best expressed in his 

classic “Persons and Masks of the Law," published 

in 1975. Other important works included “Bribes," 

a magisterial historical study of bribery published 

The Ninth Circuit Court of Appeals convened a special session in September at the James R. Browning 

U.S. Courthouse in San Francisco to memorialize the passing of Senior Circuit Judge John T. Noonan, Jr. 

Ninth Circuit Court of Appeals Loses Two Esteemed Jurists
16

Esteemed Jurists continued

in 1984, and “Contraception," published in 1966, 

which is said to have influenced Pope Paul VI to 

create a commission to study the issue, to which 

Judge Noonan served as an advisor.

Judge Harry Pregerson

A decorated World War II 

veteran who attended law 

school on the G.I. Bill, Judge 

Pregerson's legal career spanned 

more than six decades. As a 

federal judge for nearly 50 

years, he was responsible for 

important and far-reaching 

decisions at both the trial 

and appellate levels. He made no secret of letting 

his conscience guide his jurisprudence and was 

undeterred by higher court reversals.

Off the bench, Judge Pregerson worked tirelessly on 

behalf of the less fortunate in his native Los Angeles, 

particularly veterans in need. He helped to build 

homeless shelters, transitional housing, child care 

centers and job training facilities in some of the 

city's neediest areas.

Judge Pregerson came onto the federal bench in 1967. 

President Johnson nominated him for one of several 

new judgeships authorized for the newly-created U.S. 

District Court for the Central District of California 

in Los Angeles. As a federal trial judge for nearly 12 

years, he issued critical decisions addressing social 

upheavals and environmental damage.

Judge Pregerson helped craft a consent decree for 

Los Angeles' massive Century Freeway project, 

providing affordable housing for thousands of 

displaced residents along with employment training 

for women and child care centers. He also presided 

over litigation aimed at ending the discharge of 

inadequately treated Los Angeles sewage sludge into 

Santa Monica Bay. His orders led to modernization 

of a major sewage treatment plant, resulting in the 

revitalization of marine life in the bay.

As an appellate judge, Judge Pregerson often 

authored opinions in lesser known matters 

primarily of concern only to the individual 

appellant, such as Social Security benefit cases 

and immigration appeals. His more high-profile 

opinions include Raich v. Gonzales, 2007 decision 

in which the panel upheld the legality of a 

California law allowing use of medical marijuana; 

Dukes v. Walmart, a 2011 decision in which the 

court upheld the class action status of a lawsuit 

by a group of women who accused the retailer of 

denying them the same pay and promotions as 

their male counterparts; and Sanchez v. Sessions, 

a 2017 ruling that reversed a removal order for 

an unauthorized immigrant detained by the U.S. 

Coast Guard based solely on his Latino ethnicity 

before learning of his immigration status. 

Flags fly at half-staff at the James R. Browning 

U.S. Courthouse in San Francisco in honor of the 

late Senior Circuit Judge Harry Pregerson.
17

The Federal Judicial Center and the United States 

Court of Appeals for the Ninth Circuit jointly 

sponsored a symposium focusing on the state of 

civil discourse in American society. The program 

was held on September 15, 2017, at The Justice 

Anthony M. Kennedy Library and Learning 

Center, which is located in the Robert T. Matsui 

U.S. Courthouse in Sacramento, California.

The intensive one-day symposium featured 

a keynote address by U.S. Supreme Court 

Associate Justice Anthony M. Kennedy. His 

presentation, entitled “Why Civil Discourse 

Matters," focused on civic dialogue and its 

importance in today’s democracy.

Also making remarks were Ninth Circuit Chief 

Judge Sidney R. Thomas and Senior District 

Judge Jeremy D. Fogel of the Northern District 

of California, who serves as director of the FJC. 

Symposium participants sought to define civil 

discourse as well as examine civil discourse 

as an approach to reasoned and respectful 

discussion of differences. The federal judiciary 

was put forth as a model for civil discourse.

Ninth Circuit Symposium Engages in Discussion of Civility

Associate Justice Anthony M. Kennedy, 

above, spoke of the value and importance of 

civil discourse. Paul Grewal, vice president 

and deputy general counsel at Facebook, top, 

gestures during a discussion of social media 

and free speech. 

CIRCUIT HIGHLIGHTS
18

The program included several panel discussions 

highlighting examples of civil discourse in the 

judiciary; identified skills, attributes and strategies 

needed to practice and improve civil discourse; and 

analyzed challenges of promoting civil discourse.

A panel, “The Value and Limitations of 

Unconstrained Free Speech; the Impact of Social 

Media," discussed the erosion of civil discourse 

on social media. The panel included Paul Grewal, 

former magistrate judge for the Northern District 

of California and current vice president and 

deputy general counsel of Facebook; Professor 

Jane Hall of American University School of 

Communications; Dahlia Lithwick, senior editor 

and legal correspondent at Slate; and Professor Nate 

Persily, the James B. McClatchy Professor of Law 

at Stanford Law School. District Judge Kimberly 

J. Mueller of the Eastern District of California 

moderated the panel.

A practicum on the skills and attributes needed for 

civil discourse included a presentation by Claudia L. 

Bernard, the Ninth Circuit’s chief circuit mediator, 

and Howard A. Herman, director of alternative 

dispute resolution programs for the Northern 

District of California. Facilitated by current and 

former federal mediators, the program included 

small group discussions as a way to enhance the 

experience of civil discourse in action.

A panel entitled “Developing Practical Strategies 

for Improving Civil Discourse" identified specific 

behaviors to improve effective civil discourse. The 

presenters were Circuit Judges Jay S. Bybee and 

Mary H. Murguia; Sacramento Mayor Darrell 

Steinberg; and Professor Michael McConnell, the 

Richard and Frances Mallery Professor and director 

of the Constitutional Law Center at Stanford Law 

School. The panel was moderated by Circuit Judge 

M. Margaret McKeown. 

Symposium attendees included judges, court staff, 

lawyers, educators, journalists, elected officials and 

community leaders. 

Symposium attendees, below, met in small groups to work through realistic case studies and practice 

strategies and behaviors for engaging in civil discourse.
19

Panelists for the 2017 Media Conference, which was held at the First Street Federal Courthouse in 

Pasadena, included law enforcement officials, journalists and lawyers who discussed the use of body 

cameras by police and the public release of the video recordings.

The Courts and Community Committee of 

the Ninth Circuit Judicial Council resumed its 

media outreach work in 2017 with a program in 

Los Angeles focusing on public access to video 

recordings of incidents involving police use of 

excessive or deadly force.

Entitled “Every Picture Tells a Story," the program 

was cosponsored by the United States District Court 

for the Central District of California and held on 

March 27, 2017, at the new First Street Federal 

Courthouse. Federal and state judges, journalists, 

members of the bar and students attended the event.

Whether video recordings of police use of excessive 

or deadly force should be publicly released – and 

at what point in the investigative or adjudicative 

process that should happen – was the subject of 

a spirited panel discussion. Panelists included 

District Judge André Birotte, Jr., of the Central 

District of California; Arif Alikhan, director of the 

Office of Constitutional Policing and Policy for the 

Los Angeles Police Department; Dale K. Galipo, 

a plaintiff ’s attorney focused on civil rights cases 

involving police misconduct; Thomas C. Hurrell, a 

defense attorney in civil rights cases involving law 

enforcement agencies; Beverly White, journalist 

for NBC4 Southern California; and Jim Newton, a 

former Los Angeles Times reporter now teaching at 

the University of California, Los Angeles.

Senior District Judge Robert S. Lasnik of the U.S. District 

Court for the Western District of Washington served as 

moderator. The program was recorded and the video is 

posted here: https://vimeo.com/213227103

Along with the panel presentation, the agenda 

included the 2017 Ninth Circuit Civics Contest, 

civics education activities at the circuit conference, 

and future activities of the Courts and Community 

Committee. Speaking at the event were Chief 

Circuit Judge Sidney R. Thomas, Chief District 

Judge Virginia A. Phillips of the Central District of 

California, and District Judge Janis L. Sammartino 

of the Southern District of California, chair of the 

Courts and Community Committee. 

Ninth Circuit, Central District of California 

Host 2017 Media Conference
20

The United States Court of Appeals for the Ninth 

Circuit held its annual New Law Clerk Orientation 

Program in September 2017, at the James R. 

Browning U.S. Courthouse in San Francisco. The twoday program introduced newly-hired law clerks to the 

workings of the court. Chief Judge Sidney R. Thomas 

welcomed the newcomers, who were also greeted by 

U.S. Supreme Court Associate Justice Anthony M. 

Kennedy. Among the speakers were Senior Circuit 

Judge Michael Daly Hawkins and Circuit Judges M. 

Margaret McKeown, William A. Fletcher, Richard 

A. Paez, Richard R. Clifton and Jay S. Bybee. Ninth 

Circuit staff in attendance included Molly Dwyer, 

clerk of court; Claudia Lynn Bernard, chief circuit 

mediator; Karen Burton, lead staff attorney for the 

Ninth Circuit’s Certificate of Appealability Unit; Lisa 

B. Fitzgerald, chief deputy clerk; Susan Gelmis, chief 

deputy clerk for operations; Howard Goldberg, case 

management attorney; Ryan Means, director of IT; 

Peter Shaw, appellate commissioner; and Julie Horst, 

circuit librarian. 

Ninth Circuit Welcomes New Law Clerks 
21

Senior District Judge Thelton Henderson, a renowned 

jurist and civil rights lawyer, retired on August 11, 2017, 

after 37 years on the federal bench. President Carter 

nominated Judge Henderson for a seat on the United 

States District Court for the Northern District of 

California in 1980. He served as an active judge for 18 

years and led his court as chief judge from 1990 to 1997. 

He assumed senior status on November 28, 1998, but 

continued to carry a caseload for many more years. 

While on the federal bench, Judge Henderson rendered 

decisions that served to preserve the rights of women, 

minorities, prisoners and gay people. His 1986 opinion, 

Priest v. Rotary, helped outlaw sexual harassment in 

California, and his 1987 decision, High Tech Gays v. 

Defense Industrial Security Clearance Office, was the 

first to cite equal protection for gay applicants seeking 

security clearances at the Defense Department, though 

that decision was later reversed. His 1996 decision in 

Coalition for Economic Equity v. Wilson struck down 

Proposition 209, California’s ban on affirmative action 

in state government institutions and programs, but the 

Ninth Circuit later reversed the decision.

Judge Henderson’s decisions led to better housing 

conditions and medical care for inmates in California 

state prisons. His 1995 decision, Madrid v. Gomez, 

exposed the extreme conditions at Pelican Bay State 

Prison and laid out the state’s first restrictions on solitary 

confinement. In 2010, he was a member of three-judge 

panel that found that prison overcrowding was the 

primary cause of poor health care for inmates. The panel 

ordered the release of more than 40,000 inmates and 

required the state to upgrade its prison medical facilities.

Judge Henderson began his legal career as the first 

black lawyer to serve in the Civil Rights Division of 

the U.S. Department of Justice. From 1962 to 1963, 

he worked in the racially hostile Deep South, where 

he helped investigate the 16th Street Baptist Church 

bombing in Birmingham, Alabama. He met Dr. Martin 

Luther King, Jr., by chance while both were driving to 

Selma, Alabama. The famed civil rights leader had been 

stranded by a flat tire, so Judge Henderson lent him his 

government car. Although later fired for doing so, Judge 

Henderson never regretted the decision.

Civil Rights Icon Judge Thelton Henderson Retires

Judge Henderson also worked in academia as an 

assistant dean at Stanford Law School, from 1968 to 

1977, during which he was responsible for a program 

that oversaw significant increase in minority student 

recruitment to the school. He was also an associate 

professor at Golden Gate University School of Law 

from 1978 to 1980.

Born in 1933 in Shreveport, Louisiana, Judge 

Henderson received his B.A. from the University of 

California, Berkeley, in 1956. He served in the Army 

from 1956 to 1958 and then returned to Berkeley 

to study law. He received his J.D. in 1962 from the 

University of California, Berkeley, Boalt Hall School of 

Law, as one of only two black law students in his class. 

The University of California, Berkeley, School of Law, 

has a law center and fellowship named in his honor. 

Chief District Judge Phyllis J. Hamilton presents a 

plaque dedicating the ceremonial courtroom at the 

Phillip J. Burton Federal Building and U.S. Courthouse 

in San Francisco in Judge Henderson's name.
22

In late July, the Ninth Circuit’s Alternative Dispute 

Resolution Committee and Magistrate Judges 

Executive Board, or MJEB, cosponsored a mediation 

training program at the James R. Browning 

U.S. Courthouse in San Francisco. To facilitate 

attendance and reduce travel costs, the two-day 

program was held immediately after the Ninth 

Circuit Judicial Conference.

Magistrate Judge Michelle Burns of the District 

of Arizona, the MJEB’s vice-chair, proposed the 

training and reached out to the Ninth Circuit 

mediators and the ADR Committee to explore 

possible approaches.

While the Federal Judicial Center provides some 

mediation training to magistrate judges, the MJEB 

recognized the need for continued comprehensive 

mediation training because magistrate judges 

throughout the Ninth Circuit regularly conduct 

settlement conferences as part of their assigned 

additional civil duties. In 2014, Ninth Circuit 

magistrate judges disposed of 2,959 cases through 

settlement conferences and mediations. By 2015, 

the number of cases resolved through settlement/

payment by magistrate judges rose by 10.1 percent to 

3,257 cases settled. 

The ADR Committee and the MJEB surveyed all 

magistrate judges in the Ninth Circuit to gauge 

interest. They found 53 percent of those responding 

had not attended mediation skills training since their 

new judge orientation at the Federal Judicial Center; 

76 percent were interested in additional mediation 

skills training; and 78 percent said they would be 

likely to attend a two-day mediation skills training in 

San Francisco held either before or after the Ninth 

Circuit Judicial Conference.

A total of 45 judges participated in the training, 

which was led by Ninth Circuit Chief Mediator 

Claudia Bernard and Howard Herman, the director 

of the ADR Program for the U.S. District Court 

for the Northern District of California. Mediators 

from the Ninth Circuit and the Northern District 

of California’s ADR Program also assisted with the 

training.

The program covered the skills and attributes of 

a mediator, negotiation fundamentals, the stages 

of mediation, and preventing, diagnosing and 

breaking impasse. The trainers’ methodology for 

presenting to the judges was to share the skills 

mediators use and allow the judges to decide which 

of the skills they wished to incorporate into their 

own repertoires. From the start, the mediators and 

the judges acknowledged the differences that arise 

when the authority of a judge enters the settlement 

discussion and that styles and methods for settling 

disputes will vary.

The interactive training involved minimal lecture, 

focusing on role-playing exercises, discussions 

and strategies to employ during judge-hosted 

settlement conferences. The workshop identified 

mediation skills, which included organizing the 

settlement conference for maximum effectiveness; 

using communication skills to create momentum, 

dissipate participants’ anger, and demonstrate 

understanding; promoting and facilitating interestbased negotiation; facilitating effective positional 

bargaining; preventing and breaking down impasses; 

and understanding different mediator styles.

Circuit Judge N. Randy Smith, who attended the 

training as a member of the ADR Committee, 

supported this mediation training for all judges. He 

is an advocate for mediation and recognizes the role 

that magistrate judges play in case settlement. 

“The training was a good refresher with the role 

playing exercises to get people involved and the 

discussion after each exercise was most helpful. I am 

glad that I attended," Judge Smith said. 

For Magistrate Judges, Mediation Training Program Fills a Void
23

The 2017 Ninth Circuit Judicial Conference was 

held July 17-20, 2017, at the Marriott Marquis 

Hotel in downtown San Francisco. The conference 

is authorized by law "for the purpose of considering 

the business of the courts and advising means of 

improving the administration of justice within the 

circuit." 28 U.S.C. § 333.

The conference provides an exceptional educational 

program and facilitates circuit governance through 

numerous business meetings. Conferees include 

judges of the United States Court of Appeals for the 

Ninth Circuit and the U.S. district courts and U.S. 

bankruptcy courts of the circuit, along with lawyers 

practicing in these courts, court staff and special 

guests.

San Francisco’s proximity to Silicon Valley inspired 

the conference’s theme of "Law, Society, and 

Technology: The Challenges and Opportunities 

Ahead." Programs focused on how technology 

is shaping our future, our rights and the law. 

Also prominent on the agenda were sessions 

that discussed civil rights, civics education, and 

citizenship, election law and the media.

The opening session of 

the conference began 

with a naturalization 

ceremony for 20 people 

from 13 countries. 

Chief District Judge 

Timothy M. Burgess 

of the District of 

Alaska, the chair 

of the conference, 

administered the oath 

of allegiance while 

U.S. Supreme Court 

Associate Justice Neil 

M. Gorsuch made 

welcoming remarks.

The opening session also featured a discussion of 

civics education. Participating were Ninth Circuit 

Chief Judge Sidney R. Thomas, Circuit Judge M. 

Margaret McKeown, and Thomas Kail and Jeffrey 

Seller, the director and producer, respectively, of the 

hit Broadway musical "Hamilton." The panel explored 

how the exhilarating, cutting-edge musical illuminates 

the serious study of history, politics, culture and social 

Ninth Circuit Judicial Conference Returns to San Francisco

Associate Justice Neil M. 

Gorsuch speaking to the 20 

new United States citizens.

The opening session of the 2017 Ninth Circuit Judicial Conference included a naturalization ceremony 

for 20 people from 13 countries. Chief District Judge Timothy M. Burgess of the District of Alaska, the 

chair of the conference, administered the oath of allegiance.
24

Videos of educational programs presented at the 

2017 Ninth Circuit Judicial Conference are available online at:

https://www.ca9.uscourts.gov/judicial_conference/

2017/video.html. 

2017 Ninth Circuit Judicial 

Conference Program Videos

structures of today and in colonial 

America. District Judge Richard A. Jones 

of the Western District of Washington 

ably moderated the discussion.

Several programs during the week 

focused on science and technology. 

"May the Force Be with You: The 

Future of Science in the Courtroom" 

focused on recommended actions 

to strengthen forensic science and 

promote its more rigorous use in the 

courtroom. A panel of judges and 

public defenders discussed forensic 

evidence and its implication on 

recognition, collection, analysis and 

interpretation of evidence for criminal 

and civil proceedings.

In "Cutting Edge Technology and the 

Law: Views from General Counsel," 

a panel of general counsel at Oracle 

Corporation, Twitter and Uber 

discussed the pressing issues tech 

companies are facing today, which 

include the challenges of talent 

retention and implicit bias in hiring 

and promotion and how they are 

handling cybersecurity risks. The 

panel also addressed how companies 

are balancing regulation, privacy and 

technological advancement and how 

their decisions impact our society. 

"Artificial Intelligence Today – 

Tomorrow’s Legal Challenges of 

Machine Learning" explored how 

advances in artificial intelligence 

have made possible a constellation of 

technologies, such as Internet search 

algorithms, computer and phone 

speech assistants, self-driving cars, 

health care diagnostics, investment 

platforms, industrial robots, and home 

heating, cooling and security systems. 

Korematsu panel organizers and speakers, from left, 

Bankruptcy Judge Thomas M. Renn, Karen Korematsu, 

Dale Minami, Esq., Retired District Judge Marilyn Hall 

Patel, Senior Circuit Judge Mary M. Schroeder and Lawyer 

Representative David M. Stern, Esq.
25

The panel included California Supreme Court 

Associate Justice Mariano-Florentino Cuéllar along 

with researchers from Microsoft, Google, Facebook, 

University of Washington, New York University and 

Knightscope.

 "Public Confidence in the Election Process" addressed 

the legal challenges involving political campaigns or 

elections, which are some of the most difficult, highprofile and time-sensitive matters that come before 

federal courts. They also may test the bounds of judicial 

independence and the appearance of impartiality, and 

their consequences are often far-reaching. The panel of 

three distinguished professors and election law experts 

discussed the Voting Rights Act, redistricting, and the 

regulation of money in politics. 

"The Prosecution of the 16th Street Baptist Church 

Bombing" told the history of the successful conviction 

of the individuals responsible for the deadly attack. The 

story was retold by William J. Baxley, former attorney 

general of Alabama who successfully tried the first 

Ku Klux Klan members, and G. Douglas Jones, the 

current junior U.S. senator from Alabama and former 

U.S. attorney for the Northern District of Alabama 

who led the prosecution that convicted two more 

aging Klansmen 20 years later. The speakers recounted 

their story, describing the racial hostility of 1950s 

Birmingham, Alabama, and how the unsolved crime 

went to trial and finally to conviction.

The session "Korematsu: A Historical Overview" 

focused on the 75th anniversary of Executive Order 

9066, which resulted in the mass incarceration 

of Japanese-Americans, most of whom were U.S. 

citizens. The panel included Karen Korematsu, 

the daugther of famed resister Fred T. Korematsu 

and founder and executive director of the Fred T. 

Korematsu Institute. The program focused on Fred 

Korematsu, Gordon Hirabayashi and Minoru Yasui, 

the Supreme Court rulings that were challenged, 

and the convictions that were set aside through 

writs of coram nobis. 

Other conference programs included a review 

of recent Supreme Court cases; a supplemental 

civics education program, which had a civics 

education showcase and a panel presentation with 

Justice Gorsuch; a bankruptcy judges program on 

dischargeability of debts for "willful and malicious 

injury;" and a magistrate judges program on 

understanding mental health issues in federal court. 

Presenters and panelists at the conference included 

a number of federal appellate, district, bankruptcy 

and magistrate judges from the Ninth Circuit and 

elsewhere; well-known practitioners; members 

of the academia; and leading scientists and 

researchers. 

Former U.S. Attorney for the Northern District of Alabama G. Douglas Jones, left, speaking about the 

prosecution of the 16th Street Baptist Church bombing case. Professor Ann M. Ravel, right, sat on a panel 

discussing public confidence in the election process.
26

Among the highlights of the annual Ninth Circuit 

Judicial Conference is the presentation of two 

prestigious awards recognizing professional 

accomplishment and exemplary contributions 

to the work of the federal courts. In 2017, the 

honorees were an Oregon district judge and a 

respected Spokane, Washington, attorney, who was 

recognized posthumously.

American Inns of Court Professionalism Award

Senior District Judge Anna J. Brown of the United 

States District Court for the District of Oregon 

was selected as the 2017 recipient of the American 

Inns of Court Ninth Circuit Professionalism Award. 

Senior Circuit Judge Mary M. Schroeder of the U.S. 

Court of Appeals for the Ninth Circuit, a former 

member of the board of trustees of the American 

Inns of Court, presented the award.

Ninth Circuit Judicial Conference Awards Honor 

Oregon District Judge and Spokane Attorney

Senior District Judge Anna J. Brown receiving the 

American Inns of Court Professionalism Award 

from Senior Circuit Judge Mary M. Schroeder.

As a trial judge in federal and state courts in Oregon 

for more than 25 years, Judge Brown is highly 

respected by her fellow judges and the lawyers who 

practice in her court. Current and former judicial 

colleagues nominated her and pointed to her 

consummate case management skills, willingness to 

share her knowledge and experience, and mentorship 

of women entering the legal profession.

Nominated by President Clinton, Judge Brown came 

onto the federal bench in 1999 and maintains chambers 

in Portland. She assumed senior status on July 27, 2017. 

She was previously a judge of the Multnomah County 

(Oregon) Circuit Court, from 1994 to 1999, and 

District Court, from 1992 to 1994.

Judge Brown has presided over a full range of civil 

and criminal matters, including Oregon’s first tobacco 

product liability lawsuit in 1999, which was eventually 

heard by the U.S. Supreme Court. In federal court, 

she presided over two high-profile, complex, multidefendant criminal jury trials arising from the 2016 

occupation of the Malheur National Wildlife Refuge 

in southeastern Oregon. The cases posed legal, 

logistical and security problems, including concerns 

for her personal safety in the face of credible threats. 

A Portland native born to immigrant parents, Judge 

Brown worked full-time as a police 9-1-1 operator 

while earning a B.S. at Portland State University in 

1975. She obtained her J.D. in 1980, taking night classes 

at the Northwestern School of Law of Lewis and Clark 

College while also clerking for Multnomah County 

Circuit Court Judge John C. Beatty, Jr. She began her 

law career with the Portland law firm of Bullivant 

Houser Bailey and later became one of the first two 

women admitted as partners of the firm.

The American Inns of Court Professionalism Award is 

given annually in all of the federal circuits to “a lawyer 

whose life and practice display sterling character 

and unquestioned integrity, coupled with ongoing 

dedication to the highest standards of the legal 

profession and the rule of law."
27

Ninth Circuit John P. Frank Award

The late Leslie R. Weatherhead, who practiced law 

in Spokane for more than three decades, was the 

recipient of the Ninth Circuit John P. Frank Award. Mr. 

Weatherhead died of cancer in 2016 at the age of 59. 

From 2013 until his death, Mr. Weatherhead had 

been a partner at Lee & Hayes, an intellectual 

property law firm. For 30 years prior, he was a 

partner at Witherspoon Kelley Davenport & Toole, 

where his practice focused on complex commercial 

and regulatory disputes, white-collar defense and 

pro-bono work. He had practiced extensively in the 

United States Court of Appeals for the Ninth Circuit 

and the U.S. District Court for the Eastern District 

of Washington and argued before the U.S. Supreme 

Court. He also practiced in several state courts and 

was a member of the Washington, Idaho, Oregon and 

Hawaii state bars.

Mr. Weatherhead had been active in Ninth Circuit 

and federal and state bar activities. From 2001 to 

2004, he served on the Ninth Circuit Advisory 

Board, chairing the group from 2004 to 2005. He 

also served as a lawyer representative to the Ninth 

Circuit Judicial Conference from 1990 to 1995, 

chairing the Lawyer Representative Coordinating 

Committee from 1994 to 1995. From 1991 to 1997, 

he served on the board of trustees of the Federal Bar 

Association for the Eastern District of Washington, 

serving as chapter president from 1996 to 1997. He 

was also a fellow of the American College of Trial 

Lawyers and served on the Washington State Bar 

Disciplinary Board, from 1996 to 1999, and as a 

member pro tem from 2000 to 2002.

A native of Eugene, Oregon, Mr. Weatherhead received 

his B.A. from the University of Oregon Honors College 

in 1977 and his J.D. from the University of Washington 

School of Law in 1980. From 1980 to 1983, he served 

as deputy prosecutor and special assistant U.S. attorney 

in the U.S. Territory of Guam. He had also been an 

adjunct professor at Gonzaga University Law School.

Peg Carew Toledo, right, 

chair of the Ninth Circuit 

Advisory Board, presents 

the John P. Frank Award to 

LRCC member Geana M. 

Van Dessel, who accepted 

the honor on behalf of the 

Weatherhead family.

Mr. Weatherhead was nominated by judges of the 

Eastern District of Washington in recognition 

of his contributions to the federal courts and his 

community. Geana M. Van Dessel, a member 

of the Lawyer Representatives Coordinating 

Committee from the Eastern District of 

Washington, accepted the award on behalf of the 

Weatherhead family.

The John P. Frank Award, established in 2003 by 

the Judicial Council of the Ninth Circuit, honors 

an outstanding lawyer practicing in the federal 

courts of the western United States. 
28

The 2017 Ninth Circuit Judicial Conference 

placed a strong emphasis on civics education. 

In addition to a high school civics contest, 

which focused on Japanese internment, the 

conference program included a presentation 

on the historic efforts to exonerate JapaneseAmerican resister Fred Korematsu. 

The opening session featured a conversation 

with the producer and director of the hit 

musical “Hamilton," which is being recognized 

for helping educate young people about the 

founders and constitutional principles.

The conference also included a special 

supplemental civics program, which drew 

more than 150 attendees. The program 

consisted of a national overview discussion, 

recognition of the civics contest winners, 

and a “showcase" of events and activities 

sponsored by courts in the Ninth Circuit.

The national overview consisted of a panel 

discussion involving United States Supreme 

Judicial Conference Programs Emphasize Civics Education

Associate Justice Neil M. Gorsuch, above, and Professor 

Kathleen Hall Jamieson, below, discuss the importance 

and current state of civics education.
29

The civics education panel, above, included 

Senior District Judge Marilyn L. Huff, 

Second Circuit Chief Judge Robert A. 

Katzmann, Ninth Circuit Chief Judge 

Sidney R. Thomas, Associate Justice Neil 

M. Gorsuch, Professor Kathleen Hall 

Jamieson and Magistrate Judge Michael 

J. Newman from the District of Ohio (not 

pictured).

A showcase panel presentation involved 

Dr. Kari Kelso, center, the circuit's 

community outreach coordinator; Rebecca 

Fanning, right, the Administrative Office's 

national community outreach manager; 

and Deborah Genzer of the California 

Judicial Council.

Court Justice Neil M. Gorsuch, Chief Judge 

Sidney R. Thomas of the Ninth Circuit, Chief 

Judge Robert A. Katzmann of the Second Circuit, 

and Senior District Judge Marilyn L. Huff of the 

Southern District of California. Also participating 

was Magistrate Judge Michael J. Newman of the 

Southern District of Ohio, the current president 

of the Federal Bar Association. Professor Kathleen 

Hall Jamieson, director of the Annenberg Public 

Policy Center at the University of Pennsylvania, 

moderated the discussion.

Dr. Kari Kelso, the public education and community 

outreach administrator for The Justice Anthony 

M. Kennedy Library and Learning Center in 

Sacramento and a member of the committee, led the 

showcase segment, which featured a presentation by 

Rebecca Fanning, national outreach manager for the 

Administrative Office of the U.S. Courts.

The supplemental program attendees included 

judges and court staff who will serve as future 

coordinators as part of a developing, circuit-wide 

approach to civics education. Dr. Kelso will be 

working with the district coordinators to develop 

a repository of materials that will make it easier 

for judges and courts to initiate civics education 

programs. She also will be organizing enrichment 

programs and training coordinators at the Kennedy 

Learning Center. 
30

Civics Contest Winners Hail from Five States

Young people from Alaska, California, Hawaii, 

Nevada and Washington were selected as winners 

of the 2017 Ninth Circuit Civics Contest, an 

educational outreach effort sponsored by the federal 

courts. The essay and video competition for high 

school students is cosponsored by the Courts and 

Community Committee and all the judicial districts 

in the circuit.

“Not to Be Forgotten: Legal Lessons of the Japanese 

Internment" was the theme of the 2017 contest, which 

focused on the internment of Japanese-American 

citizens during World War II and its relevance today 

as our government seeks to protect the nation from 

terrorism. Students were challenged to write an essay 

or produce a short video focusing on legal decisions, 

which sought to strike a balance between national 

security and civil rights at a time of great uncertainty.

Olivia Colleen Tafs, a freshman at West Anchorage 

High School in Anchorage, Alaska, finished first 

in the essay contest, while Joshual Riel, a senior 

at Las Vegas Academy of the Arts in Las Vegas, 

Nevada, finished first in the video contest. In 

July, both winners attended the Ninth Circuit 

Judicial Conference in San Francisco, where the 

winning essay was read and the winning video 

shown during a supplemental civics education 

program. United States Supreme Court Justice Neil 

Gorsuch presented both students with plaques 

commemorating their achievements. 

Second place in the essay contest went to Andrew 

Stahl, a senior at Bainbridge High School in Bainbridge 

Island, Washington, and Brandon Shi, a junior at 

Dougherty Valley High School in San Ramon, 

California, finished third. In the video contest, Tamara 

Sato and Emily Wu, both juniors at Punahou School 

in Honolulu, finished second, while third place went 

to Briana Chapman, a sophomore at North Coast 

Preparatory Academy in Arcata, California.

The 15 federal courts in the Ninth Circuit held 

local competitions with winners advancing to the 

circuit-level contest. More than 1,000 young people 

entered the contest, which was open to students in 

grades 9 through 12 in public, private and parochial 

schools and home-schooled students of equivalent 

grade. In all, 45 essays and 20 videos were selected 

for final consideration by the Ninth Circuit Courts 

and Community Committee. All nine of the western 

states and the two Pacific island jurisdictions that 

make up the circuit were represented among the 

finalists. 

Essay winner Olivia Colleen Tafs and video winner Joshua Riel, pictured left, with U.S. Supreme Court 

Associate Justice Neil M. Gorsuch and Northern District of California local contest winners.
31

The Ninth Judicial Circuit Historical 

Society was founded in 1985 to preserve 

and promote the vibrant history of the law 

in the Ninth Circuit and to raise awareness 

of the important role that the judicial 

system plays in our society. The society 

serves over 2,000 members, the legal 

profession, historians, court personnel, 

school children and the general public.

A core part of the society’s mission is 

to educate the public about the judicial 

system, the rule of law and other civic 

values. The society does so through 

a scholarly journal, “Western Legal 

History;" an oral history program 

featuring recorded interviews with 

judges and prominent legal practitioners; 

a traveling exhibit program; and an 

internet website.

In conjunction with the 2017 Ninth 

Circuit Civics Contest, whose theme was 

“Not to Be Forgotten: Legal Lessons of 

the Japanese Internment," the society 

produced an exhibit tracing the rise of 

anti-Japanese sentiment prior to World 

War II to the incarceration of some 

120,000 people of Japanese descent, the 

vast majority of them were U.S. citizens. 

It also summarized constitutional 

challenges to the executive order that 

authorized the incarceration brought 

by resisters Fred T. Korematsu, Gordon 

Hirabayashi and Minori Yasui, and by 

internee Mitsue Endo.

The elaborate eight-panel exhibit traveled 

throughout the circuit during the course 

of the year with stops at the Sandra Day 

O’Connor U.S. Courthouse in Phoenix; 

the Richard H. Chambers Court of 

Appeals Building in Pasadena, California; 

With Exhibits, Events and Website, 

Historical Society Advances Public Education

the First Street Federal Courthouse in Los Angeles; and the 

Pioneer Courthouse in Portland, Oregon. The exhibit also 

was on display at the 2017 Ninth Circuit Judicial Conference 

in San Francisco.

Also in 2017, the society launched a revamped website – 

www.NJCHS.org – to promote historical events around the 

Ninth Circuit. One of the first of those programs focused on 

the Japanese internment and featured noted legal scholars and 

the retired federal judge who overturned the conviction of 

Fred Korematsu in 1984. 

The historical timeline exhibit about the Japanese 

internment was on display at the Richard H. Chambers 

Court of Appeals building in Pasadena.
32

Development of a new internet website for the Ninth 

Circuit Judicial Council’s Courts and Community 

Committee was completed in late December. In 

addition to recognizing the civics education and 

community outreach efforts of federal courts in 

the western states, the new website is expected 

to encourage collaboration among the courts 

by facilitating the sharing of information about 

programs, events and activities.

To be launched in early 2018, http://community.ca9.

uscourts.gov includes an “Outreach Programs Page" 

providing articles and photos related to naturalization 

ceremonies, courthouse tours and exhibits, historical 

reenactments, mock trials and moot courts, student 

contests and teachers institutes. Videos from two 

media outreach programs cosponsored by the 

Committee also are available online.

The Committee website provides online access to the 

website for The Justice Anthony M. Kennedy Library 

and Learning Center, which is housed in the Robert 

T. Matsui United States Courthouse in Sacramento. 

The learning center is developing into the hub of 

future civics education and community outreach in 

the Ninth Circuit.

An important feature of the new Committee website 

is an online electronic calendaring system to track 

programs, events and activities taking place around 

the circuit. Court staff will be able to remotely enter 

information, which could include detailed notes about 

how an event or program was organized and what 

materials were used. The system can generate periodic 

reports and is accessible via any computer, tablet or 

smart phone.

In addition to its application to tracking circuit 

activities, the calendaring system also allows for 

monitoring of space and resources at a specific location. 

It is currently being tested at the Kennedy Learning 

Center. Dr. Kari Kelso, the circuit’s public education 

and community outreach administrator, is using the 

system to keep track of the numerous school visits, 

public meetings and other activities regularly occurring 

at the center. 

New Website Promotes Collaboration in Court Outreach

A new internet website – http://community.

ca9.uscourts.gov – helps broaden the Courts and 

Community Committee’s efforts to promote civics 

education and community outreach. The website 

highlights programs, events and activities involving all 

of the district and bankruptcy courts in the circuit. A 

new feature is an online calendar system, above, which 

facilitates the sharing of information among the courts 

and can be used to manage scheduling of space and 

resources at a specific location.
33

The United States Bankruptcy Court for the Central 

District of California undertook a broad community 

outreach effort in 2017 to assist people who file for 

bankruptcy without the benefit of legal counsel. The 

program was prompted, in large part, by the ongoing 

exploitation of these pro se filers by unscrupulous 

bankruptcy petition preparers, or BPPs, who often 

overcharge for their services, provide inaccurate or 

misleading legal advice, and fail to perform necessary 

filing tasks.

Organized by the court’s Pro Se Committee of 

judges and attorneys, the outreach effort focused on 

minority groups in which would-be bankruptcy filers 

were unfamiliar with process and procedures and 

often unable to communicate in English. The court 

developed multi-lingual materials and presentations 

for these groups.

Court staff designed an “issue briefer" aimed at persons 

facing eviction, foreclosure or experiencing other 

financial distress. The pamphlet provided information 

about the court’s self-help desks and pro bono services, 

including how to access electronic self-representation 

or eSR, the court’s program for pro se debtors. It also 

explained the challenges facing unrepresented filers 

and described instances where BPPs overcharge and 

provided unauthorized legal services.

The outreach also involved direct community 

engagement. The pamphlet was sent to approximately 

300 state and local representatives, neighborhood 

councils, and community and senior centers, 

generating speaking requests from various community 

groups and local government. The clerk office staff 

enthusiastically volunteered to speak at hosted events 

in the evenings and on the weekends. Volunteers, who 

spoke at events and delivered presentations about 

the court’s services to various groups, also partnered 

into multilingual teams so that they could present in 

different languages, including Spanish and Mandarin. 

To tackle the problem of BPPs, the court launched 

an advertisement campaign that countered their 

tactics. The court posted weekly ads about the 

court’s services on Craigslist and in newspapers, 

placing the information in the same sections where 

the BPP ads appear and in English, Spanish and 

Korean newspapers. Over 800 informational flyers 

that described the court’s self-help services were 

distributed to local libraries, cafes and community 

centers. 

In addition to its community outreach, the Central 

District reviewed and updated its website content 

with a pro se perspective. The court looked to improve 

content, posted a new survey tool, opened dialogue 

with pro se debtors, sought feedback, and added 

translation links to the top five languages in the 

Central District. The court simplified and reorganized 

its website for easier access to information and 

featured informational videos in English and Spanish. 

The court expects to produce shorter, more informal 

videos and expand its outreach through social media.

The combination of these outreach efforts appears 

to have made a positive impact. Survey responses 

regarding the self-help resources and pro bono 

assistance at the court have been overwhelmingly 

positive. Traffic to the self-help desks remained 

steady or even increased, despite a decline in filings. 

All of these efforts can mean better results for pro se 

debtors. 

Bankruptcy Court Seeks to Curb Exploitation of Pro Se Filers

Otoniel Gonzales, an operations supervisor in 

Santa Ana, was among the Central District’s 

volunteer speakers.
34

The 17th gathering of the Federated States 

of Micronesia Judicial Conference was held 

February 21-24, 2017, on the island of Kosrae. The 

conference brought together judges, judicial officers, 

administrators and other key court personnel from 

among the four island states that comprise the 

federation. 

The FSM Conference began in 1994 and was held 

annually until 2005, when it was canceled due to lack 

of funding. However, the event resumed in 2008 as a 

biennial conference with assistance from the Ninth 

Circuit and its Pacific Island Committee. 

Senior District Judge Consuelo B. Marshall of the 

Central District of California chaired the Pacific 

Island Committee in 2017 and attended the FSM 

Conference as one of the keynote speakers. Retired 

Judge Daniel P. Ryan of the Third Judicial District 

Court of Michigan and Professor Emerita Elizabeth 

Spahn of the New England School of Law in Boston 

were also keynote speakers.

Presentations were also made by Associate Justice 

Nickontro Johnny of the Pohnpei State Supreme 

Court; Associate Justice Larry Wentworth of the 

FSM Supreme Court, David Johnson, a staff attorney; 

Emeliana Musrasrik of the International Organization 

for Migration; Atarino Helieisiar, court librarian; and 

Ivan Kadannged, information technology specialist. 

Moderators of the conference included Chief Justice 

Dennis K. Yamase of the FSM Supreme Court; Chief 

Justice Camillo Noket of the Chuuk State Supreme 

Court; Chief Justice Chang B. William of the Kosrae 

State Court; Associate Justice Mayceleen J.D. Anson 

of the Pohnpei Supreme Court; and Associate Justice 

Jesse Torwan of the Yap State Court. 

The conference focused on constitutional law, search 

and seizure, equal protection, evidence, ethics, judicial 

decision making, opinion writing, criminal and civil 

procedures, administrative law, human trafficking, 

and library resources. Sergeant Vinente Naputi and 

Lieutenant Leo Diaz of the U.S. Marshals Service’s 

Training and Staff Development in Guam made a 

presentation and demonstrated a security training. 

The conference was well-received with positive 

comments made about the presentations and the 

speakers. 

Some 80 judges, judicial officers and court administrators gathered on the island of Kosrae for the 17th 

Federated States of Micronesia Conference, held February 21-24, 2017.
35

Magistrate Judge Candy 

W. Dale of the United 

States District Court for 

the District of Idaho was 

appointed to the Judicial 

Conference of the United 

States as the magistrate 

judge observer. Chief 

Justice John G. Roberts, Jr., 

appointed her to a twoyear term that commenced 

October 1, 2017.

Judge Dale is the seventh magistrate judge to serve as 

an observer since the position was established by the 

JCUS in 2004. She succeeded Magistrate Judge Kevin 

N. Fox of the Southern District of New York.

In her role as observer, Judge Dale will keep track of 

matters affecting all of the nation’s magistrate judges. 

Ongoing policy issues include greater utilization of 

magistrate judges for legal proceeding; salary and 

classifications; and participation in court governance. 

In addition to observing JCUS meetings, she also 

will interact with the JCUS Committee on the 

Administration of the Magistrate Judge System and 

the Administrative Office of the U.S. Courts.

Judge Dale was appointed a magistrate judge in 

2008 and reappointed in 2016. She served as her 

court’s chief magistrate judge from 2008 to 2015. 

She currently chairs the Local Civil Rules Advisory 

Committee and serves on the planning committee 

for the District of Idaho’s annual Teacher’s Institute. 

Judge Dale also is a member of the Ninth Circuit’s 

Jury Trial Improvement Committee and Fairness 

Committee and is a past member and former chair of 

the Magistrate Judges Executive Board.

A native of Boise, Judge Dale received her B.S. in 

1979 from the College of Idaho and her J.D. in 1982 

from the University of Idaho College of Law, where 

she served as editor-in-chief of the Idaho Law Review. 

Before her appointment to the federal bench, she 

was a trial lawyer for over 25 years in Idaho and a 

member of numerous professional and community 

organizations. 

The Judicial Conference of the United States makes 

policy for the federal courts and is responsible for 

the review of the federal courts’ business, operation, 

administration and general rules of practice and 

procedure. The chief justice of the United States 

Supreme Court presides over JCUS, and the chief 

judge of each judicial circuit, the chief judge of the 

Court of International Trade, and a district judge 

from each district comprise the JCUS. 

Idaho Judge Candy Dale Is New JCUS Magistrate Judge Observer

Candy W. Dale is a 

magistrate judge in 

Boise, Idaho.
36

District of Arizona

Bankruptcy Judge Daniel P. Collins, St. Thomas 

Moore Society Award, Diocese of Phoenix. Chief 

District Judge Raner C. Collins, Federal Court SelfService Clinic-Phoenix recipient of the 2017 For 

Love of Justice Pro Bono Award, Community Legal 

Services Volunteer Lawyers Program.

Central District of California

District Judge Michael Walter Fitzgerald, Daniel 

O’Connell Award, Irish-American Bar Association 

of Los Angeles. Bankruptcy Judge Meredith A. Jury, 

Calvin Ashland Award, Central District Consumer 

Bankruptcy Attorneys Association. Senior District 

Judge Christina A. Snyder, Award, Federal Bar 

Association of Los Angeles. Bankruptcy Judge 

Maureen A. Tighe, Co-Presidents Award, LGBT 

Bar LA. Bankruptcy Judge Mark S. Wallace, 2017 

OCBA Panel Co-Champion Award for Zeal in Tax 

Law, Orange County Bar Association.

Northern District of California

District Judge Edward J. Davila, Diversity Award, 

Santa Clara County Bar Association. District Judge 

Lucy H. Koh, Federal Judge of the Year, Santa Clara 

County Trial Lawyers Association; Mark T. Banner 

Award, American Bar Association, Intellectual 

Property Law Section; AABA President’s Award, 

Asian American Bar Association of the Greater 

Bay Area; and John Kluge Distinguished Visitor, 

American Academy in Berlin, Berlin, Germany. 

District Judge William H. Orrick III, Tara L. Riedley 

Barristers Choice Award as Trial Judge of the Year, 

Barristers Club of San Francisco; and District Judge 

of the Year, San Francisco Trial Lawyers Association.

Southern District of California

Chief District Judge Barry T. Moskowitz, 

Outstanding Jurist Award, San Diego County Bar 

Association. 

District of Idaho

Magistrate Judge Candy W. Dale, Lifetime 

Achievement Award, Idaho Business Review, 

Leaders in Law; and Honorary Degree of Doctor 

of Laws, LL.D., College of Idaho. Bankruptcy Judge 

Jim D. Pappas, Idaho Bankruptcy Professionalism 

Award.

District of Nevada

Magistrate Judge William G. Cobb, Justice Nancy 

Becker Pro Bono Project Award of Judicial 

Excellence, Legal Aid Center of Southern 

Nevada; and Certificate of Commendation for 

implementing and promoting the federal court’s 

pro bono program, Nevada’s Members of Congress. 

Magistrate Judge Cam Ferenbach, Justice Nancy 

Becker Pro Bono Project Award of Judicial 

Excellence, Legal Aid Center of Southern Nevada; 

and Certificate of Commendation for implementing 

and promoting the federal court’s pro bono 

program, Nevada’s Members of Congress.

District of Oregon

Chief Bankruptcy Judge Trish M. Brown, Award 

of Merit, Debtor Creditor Section of the Oregon 

State Bar; Community Services Recognition Medal, 

Superintendent of the Coffee Creek Correctional 

Facility.

Eastern District of Washington

District Judge Rosanna Malouf Peterson, Gonzaga 

Public Interest Law Project Award, Gonzaga 

University School of Law.

Western District of Washington

Senior District Judge James L. Robart, Judge of the 

Year 2017, Washington Women Lawyers; Honorary 

Degree, Whitman College; Outstanding Judge of 

the Year 2017, Federal Bar Association of Western 

Washington. 

2017 Awards
37

The retirement in 2017 of Circuit and Court of 

Appeals Executive Cathy A. Catterson marked the 

end of an era administratively for the United States 

Court of Appeals for the Ninth Circuit and federal 

courts in the western states. Ms. Catterson left her 

position on February 28, 2017, after nearly 40 years 

of service to the Judicial Branch.

Ms. Catterson joined the staff of the Ninth Circuit 

Court of Appeals in 1979 and was appointed the clerk 

of court in 1985. In 2007, she was appointed to the 

newly-created position of Circuit and Court of Appeals 

Executive, gaining additional duties as the administrative 

officer for the Office of the Circuit Executive. The office 

provides staff support to the Judicial Council of the 

Ninth Circuit and numerous services to the district and 

bankruptcy courts of the circuit.

Having worked alongside seven chief judges of the 

Ninth Circuit, Ms. Catterson played a significant role 

in the administration of justice and helped conceive 

and implement many of the innovative policies and 

initiatives undertaken by the federal courts of the 

West. Over almost 10 years as the circuit executive, she 

worked with numerous chief judges and management 

staff of all of the district and bankruptcy courts in the 

circuit. She also participated in judicial governance 

at the national level, including meetings held in 

conjunction with the biannual gatherings of the 

Judicial Conference of the United States.

Ninth Circuit Chief Judge Sidney R. Thomas, who 

assumed the gavel in 2014, described Ms. Catterson 

as “the center of gravity for our court for almost four 

decades, and there is not a judge on this court she has 

not lifted up in a time of need." Ms. Catterson also 

received special recognition at the 2017 Ninth Circuit 

Judicial Conference in San Francisco, including a 

standing ovation from the more than 500 judges and 

lawyers in attendance. 

During Ms. Catterson’s tenure as clerk of court, the 

Ninth Circuit’s caseload more than doubled, rising 

from 5,411 new filings in 1985 to 12,685 new filings 

in 2007. She had a central role in managing the 

explosive growth, which necessitated additional staff, 

the introduction of computers to communicate and 

automate document processing, and the institution of 

new and innovative case management strategies. 

Ms. Catterson also managed the introduction of 

cameras into Ninth Circuit courtrooms. What began 

in 1991 as a small pilot program allowing the media 

to video record a few cases a year evolved into today’s 

highly-advanced, court-operated system that provides 

live video streaming of all oral arguments. 

Ms. Catterson’s biggest managerial test came in 

1989 when heavy damage from the Loma Prieta 

Earthquake forced the court to evacuate its San 

Francisco headquarters. Using temporary venues, 

the court never missed a session during the initial 

disruption and later relocated to a downtown office 

complex, where court business was conducted until 

the courthouse reopened in 1997. 

A native of Queens, New York, Ms. Catterson received 

her undergraduate degree in 1974 from Catholic 

University of America and her J.D. in 1978 from 

George Mason University Law School. Prior to coming 

to the court, she had worked in Washington, D.C., as a 

law clerk to U.S. District Court Judge Edward J. Devitt 

of Minnesota and as a staff assistant to U.S. Senator 

Jacob K. Kavits of New York. 

Retirement Marks End of an Era for 

Ninth Circuit Administration

Courtroom 5 at the James R. Browning Courthouse 

was officially renamed the Cathy A. Catterson 

Courtroom and Conference Center.
38

After conducting a nationwide 

recruitment, the Ninth Circuit found its 

next top administrator relatively close to 

home. Elizabeth A. “Libby" Smith, clerk 

of court for the federal courts in Idaho, 

was appointed circuit executive in May 

2017. She succeeds Cathy A. Catterson, 

who retired after a long and illustrious 

career in the Ninth Circuit.

In announcing the appointment, Ninth 

Circuit Chief Judge Sidney R. Thomas 

said Ms. Smith was “well known and 

admired in the circuit and brings the 

kinds of experience and management 

skills needed to succeed in this very 

challenging job."

As circuit executive, Ms. Smith, 51, will 

report directly to Chief Judge Thomas 

and serve as the secretary of the Judicial 

Council of the Ninth Circuit. She will 

lead the Office of the Circuit Executive, 

whose 38 employees provide a wide 

variety of services to all of the federal 

courts of the circuit.

Ms. Smith previously managed a 

consolidated clerk's office that provides 

administrative services to both the U.S. 

District Court and the U.S. Bankruptcy 

Court for the District of Idaho. She 

assumed the post in 2009 and is credited 

with bringing about innovative changes 

that improved court efficiency and cut 

costs. Ms. Smith was responsible for 

operations in four district courthouses 

four district courthouses and provided 

services to six judges.

In addition to managerial experience 

at the district level, Ms. Smith has 

participated in court governance at 

Ninth Circuit Finds New Circuit Executive 

Close to Home

the circuit and national levels. Ms. Smith’s contributions were 

recognized in 2016, when she was selected as one three recipients of 

the Director’s Award for Outstanding Leadership, the highest honor 

for judicial branch employees. 

Prior to coming to the District of Idaho, Ms. Smith held 

administrative posts in both federal and state courts in her native 

Michigan. She served as the chief deputy clerk for the U.S. District 

Court for the Eastern District of Michigan, from 2006 to 2009, and 

was the deputy court administrator and a divisional manager for the 

Michigan Sixth Judicial Circuit Court, from 1999 to 2006. Over the 

course of her career, she has also served as a judicial assistant, jury 

administrator and program analyst.

A native of Lansing, Michigan, Ms. Smith attended Walsh College, 

where she earned an M.S. in business information technology and 

B.S. in business administration. 

Circuit Executive Elizabeth A. "Libby" Smith, left, with Cathy 

A. Catterson at the Northern District of California FBA 

luncheon, which included a tribute to Ms. Catterson. Ms. Smith 

succeeded Ms. Catterson as circuit executive in May 2017.
39

 Kurt G. Alme was appointed 

United States attorney for the 

District of Montana on 

September 21, 2017. He was 

previously the first assistant U.S. 

attorney in the office. Prior to 

government service, he had 

served as president and general 

counsel of the Yellowstone Boys and Girls Ranch 

Foundation; practiced law and was a partner with 

Crowley Fleck PLLP; and served as director of the 

Montana Department of Revenue. Mr. Alme 

received his bachelor’s degree from the University of 

Colorado and his J.D. from Harvard Law School. He 

served as a law clerk to Judge Charles Lovell of the 

U.S. District Court for the District of Montana.

Alan L. Braverman was 

appointed United States attorney 

for the Southern District of 

California on November 16, 

2017. Mr. Braverman had been a 

federal prosecutor in San Diego 

since 2008 and had served as 

deputy chief of the Criminal 

Enterprises Section. He also served as a law clerk 

for Judge Consuelo M. Callahan of the U.S. Court 

of Appeals for the Ninth Circuit in 2007. In 2004, 

he worked in private practice at Goodwin Procter in 

Washington, D.C. Mr. Braverman began his career 

as a law clerk for Washington, D.C. Superior Court 

Judge Ann O’Regan Keary in 2000, then he was a 

law clerk for U.S. District Judge Reggie B. Walton 

in the District of Columbia in 2002. Mr. Braverman 

received his B.A. from George Washington 

University in 1997 and his J.D. from George 

Washington University School of Law in 2000.

Bart M. Davis was appointed 

United States attorney for the 

District of Idaho on September 

21, 2017. Mr. Davis had 

previously been a member of the 

Idaho State Senate since 1998 

and had served as majority leader 

since 2002. Mr. Davis received 

his B.A. from Brigham Young University in 1978 

and his J.D. from the University of Idaho College of 

Law in 1980. Following law school, he had practiced 

commercial, construction, business, real property 

and bankruptcy law in Idaho Falls. In addition, 

Mr. Davis had been active in the Idaho State Bar 

as a commissioner to the National Conference 

of Commissioners on Uniform State Laws and a 

Lawyer Representative to the Ninth Circuit Judicial 

Conference. 

Debra Kempi was appointed 

clerk of court of the United 

States District Court for the 

District of Nevada on January 5, 

2017. Ms. Kempi had been the 

chief deputy clerk since 2005 

for the U.S. District Court for 

the Southern District of Florida. 

Prior to her federal service, Ms. Kempi worked for 

18 years in the Minnesota state court system, where 

she held several senior level management positions 

in the Hennepin County District Court. She earned 

her bachelor’s degree in speech communications 

and marketing from Saint Cloud State University 

and her master’s degree in public affairs with a 

concentration in public management and policy 

analysis from the University of Minnesota.

Administrative Changes in the Ninth Circuit
40

Stephen W. Kenyon was 

appointed clerk of court of the 

U.S. District and Bankruptcy 

Courts for the District of Idaho 

on June 19, 2017. Prior to his 

federal service, Mr. Kenyon 

had been the clerk of the Idaho 

Supreme Court and the Idaho 

Court of Appeals since 2005. He is a certified public 

accountant and a member of the Idaho State Bar. 

Mr. Kenyon received his bachelor’s degree from 

the Idaho State University and his J.D. from the 

University of Idaho. 

Bryan D. Schroder was appointed 

United States attorney for the 

District of Alaska on November 

9, 2017. Mr. Schroder had worked 

in the Office of the U.S. Attorney 

for Alaska for more than 12 years 

and previously served as acting 

U.S. attorney, first assistant U.S. 

attorney and chief of the Criminal Division. Prior to 

becoming a federal prosecutor, Mr. Schroder served 

in the U.S. Coast Guard for 24 years and is a retired 

captain. Mr. Schroder graduated from the U.S. Coast 

Guard Academy in 1981 and received his J.D. from 

the University of Washington School of Law in 1991. 

The Ninth Circuit Bankruptcy Appellate Panel made history on March 23, 2017, with its first allwomen panel. Bankruptcy Judge Meredith A. Jury of the Central District of California, center, the 

chief judge of the BAP, presided over the historic sitting in Sacramento. Joining her on the bench were 

Bankruptcy Judges Laura S. Taylor of the Southern District of California, left, and Julia W. Brand, 

also from the Central District of California. Judge Jury informed the parties of the historic nature of the 

sitting. In later discussions, she noted that, while it may be a while before another all-women panel is 

drawn, she was pleased to see a growing number of female attorneys appearing before the BAP. 

First All-Female Ninth Circuit BAP Panel
41

Judges and staff of the United States District 

Court for the Northern Mariana Islands 

welcomed the start of work on a long-awaited 

new federal courthouse on the island of Saipan. 

A groundbreaking ceremony for the courthouse 

was held December 6, 2017, at the building site. 

Speakers at the ceremony included NMI 

Lieutenant Governor Victor B. Hocog, Chief 

District Judge Ramona V. Manglona and Dan 

Brown, regional administrator, General Services 

Administration Pacific Rim Region. 

“We are thrilled to break ground and look 

forward to a new courthouse that will meet 

modern federal judicial standards and security 

requirements," Judge Manglona remarked.

The three-story, 35,696-square-foot courthouse 

will include a courtroom, chambers for two 

judges and a jury assembly room. It also will 

house offices for the court’s Probation Services, 

the U.S. Attorney, the U.S. Marshals Service and 

the Federal Protective Service.

The new facility will meet the judiciary’s 

functional and security needs. The design 

incorporates innovative lighting and 

landscaping, energy efficient fixtures and 

wastewater technologies projected to realized 

future cost savings and conserve resources.

The project is made possible by a 20-year 

lease/construction arrangement between the 

federal government and Marianas Management 

Corporation. The courthouse is scheduled for 

completion in summer 2019. 

Construction Begins for New Courthouse 

in the Northern Mariana Islands

SPACE AND SECURITY
42

As the country’s largest federal judicial circuit, 

the Ninth Circuit has played an outsized role in 

the Judiciary’s nationwide effort to lower costs 

by reducing courthouse and office space.

Authorized by the Judicial Conference of the 

United States, the national governing body for 

federal courts, the five-year campaign calls for 

achieving a Judiciary-wide, 3 percent reduction 

in space by September 30, 2018. Doing so 

will save millions in rents paid to the General 

Services Administration, which acts as the 

landlord for federal public buildings.

The Judiciary achieved its 3 percent goal 

nationally one year ahead of schedule. As of 

September 30, 2017, nearly 880,000 square feet 

of space had been returned to the GSA. The 

Ninth Circuit accounted for 167,573 square 

feet of saved space, 19 percent of the national 

total. The U.S. Court of Appeals for the Ninth 

Circuit, the Ninth Circuit Library, and most 

of the district and bankruptcy courts in the 

15 judicial districts within the circuit made 

contributions.

In addition to the 3 percent requirement, 

which expires at the end of fiscal year 2018, 

federal courts are now adhering to a “no-netnew" policy. The new rule requires that future 

expansion of space in one place be offset by 

the release of an equivalent amount of existing 

space elsewhere.

Courts are preparing for future expansion 

projects by reducing additional space now and 

banking it for later use. In the Ninth Circuit, 

courts identified future projects that will 

require an offset of 67,420 square feet, bringing 

the circuit’s total space saving goal to 234,993 

square feet, which is equivalent to the floor 

space in a mid-sized courthouse.

Having achieved 96 percent of the required 

space savings by mid-2017, the Ninth Circuit 

now expects to meet its target goal, including 

offset space, in early 2018. The circuit expects 

to exceed its target goal by up to 100,000 square 

feet when the program officially ends in 2018.

“The extent to which the Ninth Circuit plans to 

exceed the space reduction goal is unique," said 

District Judge Edward Davila of the Northern 

District of California, chair of the Space and 

Security Committee of the Judicial Council of 

the Ninth Circuit. The committee oversees the 

Ninth Circuit space savings program with staff 

support from the Office of the Circuit Executive. 

“We are exceeding the original goal by an 

amount that is greater than the total space 

reduction goals of many other circuits," he noted.

Federal courts in the Ninth Circuit have 

undertaken 57 space-saving projects, many 

of which are made possible by greater use of 

technology. The Ninth Circuit Library, which 

maintains law libraries in each of the 15 district 

courts, made a major contribution, reducing 

its space by a total of 36,295 square feet. The 

largest space savings from a single project, 

24,725 square feet, involved the probation, 

pretrial services and other offices in the U.S. 

District Court and U.S. Bankruptcy Court 

in Seattle. There were also multiple smaller 

projects elsewhere that contributed to the total.

Through fiscal year 2017, the space reductions 

in the Ninth Circuit alone have resulted in 

more than $8 million in annual rent savings 

and generated $4.5 million in incentive 

payments to courts that release space. The 

amount of annual rent savings is expected to 

grow to $10 million when all space-saving 

projects are completed. 

Ninth Circuit Courts to Exceed Space 

Reduction Goals
43

Ninth Circuit Court of Appeals En Banc Ballots, 2013-2017

Year

Petitions Filed for

Rehearing En Banc En Banc Ballots Sent

 Grants of Rehearing

En Banc Following A Vote

Denials of Rehearing 

En Banc Following A Vote

2017 874 22 11 11

2016 810 33 19 14

2015 796 30 16 14

2014 785 37 17 20

2013 832 32 17 15

The United States Court of Appeals for the 

Ninth Circuit reduced its pending caseload 

and case processing times in fiscal year 

2017. The improvements resulted from a 

concerted effort to remove or resolve older, 

stalled cases while expediting disposition of 

matters ready for panel consideration.

New appeals filed with the Ninth Circuit 

numbered 11,096 in FY 2017, down 3.3 

percent from the prior fiscal year. Appellate 

filings nationwide numbered 50,506, down 

16.3 percent overall as all of the other 

circuits reported fewer new cases. The 

Ninth Circuit continued to be the nation’s 

busiest federal appellate court, accounting 

for 22 percent of all new appeals nationally. 

The Ninth Circuit disposed of 11,867 cases 

in FY 2017, up 0.6 percent. The court’s 

pending caseload was reduced by 5.8 

percent to 12,559 cases from 13,334.

Breakdown of New Appeals

Of the new filings, about 28.1 percent of all 

new appeals in the Ninth Circuit involved 

immigration and other agency matters, while 

44.5 percent of new filings were pro se cases 

(those involving at least one self-represented 

litigant). 

Ninth Circuit district courts, which serve 

as trial courts in the federal judicial system, 

accounted for 62.4 percent of new filings in 

FY 2017. The district courts generated 6,929 

new appeals, up 3.3 percent from the prior 

year. Of the total, 5,615 were civil appeals 

and 1,314 were criminal appeals. Prisoner 

petitions involving habeas corpus, capital 

habeas corpus, civil rights, prison conditions 

and other matters accounted for 46.9 percent 

of all new civil appeals from the district 

courts.

Among the 15 district courts of the circuit, 

the four California courts produced 60.4 

percent of the new civil appeals and 53.6 

percent of new criminal appeals. The Central 

District of California, the busiest court in the 

circuit, generated 1,894 new appeals, up 1.1 

percent from the prior year.

Of the 1,314 new criminal cases, 30.1 

percent were related to drug offenses and 

13.2 percent were immigration offenses. The 

Appellate Caseload Profile, 

2016-2017

Caseload Measure 2016 2017

Change

2016-17

Filings 11,473 11,096 -3.3%

Terminations 11,798 11,867 0.6%

1

Pending Cases 13,330 12,559 -5.8%

1

2016 pending cases revised

Court of Appeals Reduces Pending Cases, 

Improves Processing Times

WORK OF THE COURTS
44

Median Time Intervals in Months for Cases Terminated on the Merits, 2016-2017

By Stage of Appeal

Number of Months

Ninth Circuit National

2016 2017 2016 2017

1

From Filing of Notice of Appeal or Docket Date to Filing of Appellee's Last Brief 9.2 8.7 5.8 5.8

From Filing of Appellee's Last Brief to Oral Argument or Submission on Brief 14.7 11.7 3.9 4.2

From Oral Argument to Last Opinion or Final Order 1.1 1.2 2.0 2.4

From Submission on Brief to Last Opinion or Final Order 0.2 0.2 0.3 0.4

1

From Filing of Notice of Appeal or Docket Date to Last Opinion or Final Order 15.2 13.0 7.4 9.0

From Filing in Lower Court to Last Opinion or Final Order in Appeals Court 37.8 36.1 30.1 29.9

Note: This table does not include data for the U.S. Court of Appeals for the Federal Circuit. 

Beginning in March 2014, data include miscellaneous applications not included previously. Cases terminated include appeals, original 

proceedings, and miscellaneous applications. 

1

Docket date is used when computing the median time intervals for original proceedings, miscellaneous applications, and appeals from 

administrative agencies.

Filings, Terminations and Pending Cases by Appeal Type, 2016-2017

Type of Appeal

2016

Filings

2017

Filings

Change

2016-17

% of Circuit

Total

2016

Terminations

2017

Terminations

Change

2016-17

2016

Pending

2017

Pending

Change

2016-17

Civil

U.S. Prisoner 

Petitions 405 676 66.9% 6.1% 389 454 16.7% 264 484 83.3%

Private Prisoner 

Petitions 2,150 1,956 -9.0% 17.6% 2,266 2,257 -0.4% 1,608 1,304 -18.9%

Other U.S. Civil 542 571 5.4% 5.1% 632 696 10.1% 888 762 -14.2%

Other Private 

Civil 2,194 2,412 9.9% 21.7% 2,152 2,706 25.7% 3,112 2,819 -9.4%

Criminal 1,416 1,314 -7.2% 11.8% 1,439 1,381 -4.0% 1,592 1,525 -4.2%

Other

Bankruptcy 240 217 -9.6% 2.0% 220 316 43.6% 363 266 -26.7%

Administrative 

Agency Appeals 3,236 3,117 -3.7% 28.1% 3,825 2,919 -23.7% 4,844 5,041 4.1%

Original 

Proceedings &

Miscellaneous 

Applications 1,290 833 -35.4% 7.5% 875 1,138 30.1% 663 358 -46.0%

Circuit Total 11,473 11,096 -3.3% – 11,798 11,867 0.6% 13,334 12,559 -5.8%

National Appellate 

Total 60,357 50,506 -16.3% – 57,744 54,347 -5.9% 43,275 39,400 -9.0%

Ninth Circuit as % 

of National Total 19.0% 22.0% 3.0% – 20.4% 21.8% 1.4% 30.8% 31.9% 1.1%

Note: This table does not include data for the U.S. Court of Appeals for the Federal Circuit. Beginning in March 2014, data include miscellaneous 

cases not included previously.
45

Sources of Appeals, Original Proceedings, and 

Miscellaneous Applications Commenced, 2017

District Appeals % of Total

Alaska 77 0.7%

Arizona 688 6.2%

C. Calif. 1,894 17.1%

E. Calif. 778 7.0%

N. Calif. 924 8.3%

S. Calif. 497 4.5%

Guam 14 0.1%

Hawaii 118 1.1%

Idaho 152 1.4%

Montana 180 1.6%

Nevada 629 5.7%

Northern Mariana Islands 11 0.1%

Oregon 374 3.4%

E. Wash. 123 1.1%

W. Wash. 470 4.2%

Bankruptcy 217 2.0%

Administrative Agencies, Total 3,117 28.1%

IRS 42 0.4%

NLRB 35 0.3%

BIA 2,980 26.9%

Other Administrative Agencies 60 0.5%

Original Proceedings and

 Miscellaneous Applications 833 7.5%

Circuit Total 11,096 –

court reported 395 drug offenses and 174 

immigration offenses. The court received 

167 appeals involving property offenses, of 

which 135 were related to fraud. The court 

received 231 appeals for offenses involving 

firearms and explosives, of which 61 were 

alleged to have committed in the course 

of a violent drug trafficking. Also reported 

were 114 appeals involving sex offenses and 

76 for violent offenses.

Appeals of decisions by the Board of 

Immigration Appeals, or BIA, and other 

executive branch agencies continue to 

make up a substantial portion of the court’s 

caseload. Appeals of agency decisions 

declined by 3.7 percent in FY 2017. Of the 

3,117 appeals of agency decisions received, 

2,980 involved the BIA. The BIA cases 

constituted 26.9 percent of the court’s 

total new filings. The Ninth Circuit had 

57.2 percent of the total BIA appeals filed 

nationally in FY 2017.

Original proceedings commenced in FY 

2017 declined from 1,290 to 833 in FY 

2017, down 35.4 percent. The bulk of 

original proceedings cases involved second 

or successive habeas corpus petitions and 

mandamus appeals. 

Terminations and Pending Cases

The Ninth Circuit terminated 11,867 

cases in FY 2017, up 0.6 percent from the 

prior year. Of the total, 7,813 cases, or 

65.8 percent, were decided on the merits, 

while 4,054 were terminated on procedural 

grounds. Of the merits decisions, 1,537 

came after oral argument, down 1.2 

percent, and 5,919 after submission on the 

briefs, up 14.9 percent from the prior year. 

In addition, 357 cases were terminated 

through consolidation. Excluding 

consolidated cases, total merit terminations 

included 2,008 prisoner cases, 938 criminal cases and 1,166 

administrative agency appeals. For the year, judicial panels 

produced 500 published opinions and 6,956 unpublished 

opinions.

Among cases terminated on the merits in FY 2017, 4,600 

were affirmed or enforced, 935 reversed, 31 remanded and 

676 dismissed. The court’s overall reversal rate was 10.5 

percent, compared to a national average of 9.4 percent. By 

category, 15.9 percent of criminal cases and 14.8 percent of 

civil cases were reversed or remanded.

The court’s pending cases numbered 12,559, down 5.8 

percent from the prior year. Among the pending cases, 40.1 

percent involved administrative appeals; 28.5 percent civil 
46

matters; 14.2 percent prisoner petitions; and 12.1 

percent criminal matters. Of the pending caseload, 

36.5 percent had been pending less than six months, 

21.6 percent pending six to 12 months, and 41.8 

percent pending for more than 12 months.

Median Time Intervals

Median time intervals measure how long it takes for 

cases decided on the merits to proceed through the 

appellate process. In the Ninth Circuit in FY 2017, 

the median time interval from filing of a notice of 

appeal to final disposition was 13 months, down 

from 15.2 months in the prior fiscal year. 

The time interval from the filing of a case in a lower 

court to a final disposition was 36.1 months, down 

from 37.8 months in FY 2016. The national median 

time intervals were nine months from notice of 

appeal to final disposition by a circuit court of 

appeals and 29.9 months from the filing of a case in 

a lower court to final disposition by a circuit court. 

Once an appeal was fully briefed, Ninth Circuit 

judges decide all types of cases fairly quickly. In FY 

2017, the median time interval for panel decisions 

was 1.2 months for a case in which oral argument 

was held and about six days for cases submitted on 

briefs.

Pro Se Filings and Terminations

Pro se appeals involve at least one party who is not 

represented by counsel. In FY 2017, new appeals 

by pro se litigants numbered 4,941. Pro se litigants 

accounted for 44.5 percent of all appeals opened 

during the year. Federal and state prisoner petitions, 

which numbered 1,970, and agency appeals, which 

numbered 1,102, made up 62.2 percent of the new 

pro se cases.

The court terminated 5,731 pro se appeals in FY 

2017, up 7.7 percent from the prior year. Of that 

number, 3,667 were terminated on the merits 

after oral argument, submissions on the briefs, or 

by consolidation. Prisoner petitions and agency 

appeals made up the bulk of the terminations. 

En Banc Cases

En banc courts, which consist of 11 judges rather 

than three, are convened quarterly to resolve 

intra-circuit conflicts or other legal questions of 

exceptional importance. During the fiscal year, the 

court received 874 petitions seeking en banc review. 

Active judges of the court voted on 22 en banc 

requests, granting en banc review in 11 cases. The 

court issued 14 en banc decisions in FY 2017, the 

most by any circuit court. Twelve en banc courts 

were convened during the calendar year.

Death Penalty Cases

The court ended calendar year 2017 with 103 

pending death penalty appeals resulting from crimes 

in four states: California, 42 cases; Arizona, 38; 

Nevada 20; and Idaho, 3. Within the circuit, another 

670 death penalty cases are pending in federal trial 

courts and state supreme courts. There were 1,004 

prisoners on death row. Since 1976, there have been 

75 executions by states within the circuit.

Contributions by Active, Senior and Visiting 

Judges

The court ended FY 2017 with 24 active circuit 

judges and 17 senior circuit judges. Active circuit 

judges issued 51 percent of all written opinions. 

Senior judges issued 41.8 percent of the opinions, 

while visiting judges sitting by designation authored 

the remaining 7.2 percent of opinions. 
47

United States district courts serve as the trial courts 

in the federal judicial system and have jurisdiction to 

consider civil and criminal matters and other types 

of cases. A district court operates in each of the 94 

judicial districts in the nation.

Ninth Circuit district courts experienced a decrease 

in caseload during fiscal year 2017. Total new case 

filings numbered 60,192, down 1.4 percent from FY 

2016. The circuit accounted for 18.4 percent of all 

filings nationwide, which totaled 327,557.

Criminal Caseload and Defendants

Beginning in FY 2012, data on criminal cases 

commenced by offense and district are no longer 

published by the Administrative Office of the U.S. 

Courts. Data on criminal defendants commenced 

by offense continues to be used because it takes 

into account that a single case may have multiple 

defendants.

Criminal cases brought by the federal government 

increased in FY 2017. District courts in the Ninth 

Circuit reported 13,015 criminal filings, up 4.1 

U.S. District Courts - Criminal Defendants Commenced by Offense and District, 2016-2017

AK AZ

C. 

Calif.

E. 

Calif.

N. 

Calif.

S. 

Calif. GU HI ID MT NMI NV OR

E. 

Wash.

W. 

Wash.

Total

2016

Total

2017

Change

2016-17

Violent Offenses

Homicide 1 49 2 0 0 0 0 0 0 7 0 1 0 2 0 59 62 5.1%

Robbery 9 29 16 1 9 7 0 4 4 6 0 10 26 1 2 83 124 49.4%

Assault 2 146 41 8 3 34 1 1 7 20 0 9 16 12 24 335 324 -3.3%

Other 5 36 5 1 11 12 1 6 4 4 0 16 7 3 2 139 113 -18.7%

Property Offenses

Burglary, Larceny 

& Theft 5 40 120 18 21 19 12 12 5 9 1 15 10 6 76 432 369 -14.6%

Embezzlement 3 9 3 2 12 2 0 0 3 4 0 8 4 4 4 67 58 -13.4%

Fraud 21 219 259 75 97 271 13 34 33 21 9 92 35 25 42 1,243 1,246 0.2%

Forgery & 

Counterfeiting 4 3 20 5 0 1 0 11 4 2 0 4 5 6 2 57 67 17.5%

Other 2 1 7 17 4 1 0 0 2 0 0 6 7 0 10 51 57 11.8%

Drug Offenses

Marijuana 5 1,414 33 39 2 61 1 3 4 3 0 0 2 13 48 2,593 1,628 -37.2%

All Other Drugs 81 552 452 218 194 1,584 31 91 137 127 5 86 130 151 167 3,394 4,006 18.0%

Firearms and

 Explosives Offenses 52 166 134 70 123 63 4 12 59 94 0 166 82 47 68 1,031 1,140 10.6%

Sex Offenses 26 125 35 35 30 50 1 5 28 40 0 32 35 42 41 510 525 2.9%

Justice System 

Offenses 4 58 5 10 17 37 1 5 5 6 0 14 12 10 9 201 193 -4.0%

Immigration Offenses

Improper Reentry 

by Alien 0 2,159 88 32 42 1,120 1 1 54 9 0 96 95 66 63 3,532 3,826 8.3%

Other 0 315 11 0 1 1,176 1 2 9 0 8 0 0 6 3 1,118 1,532 37.0%

General Offenses 4 61 29 11 17 27 1 5 1 10 0 58 12 6 51 321 293 -8.7%

Regulatory Offenses 5 70 70 18 42 35 1 4 2 4 0 6 10 0 13 310 280 -9.7%

Traffic Offenses 1 1 16 2 20 0 0 7 0 0 0 0 0 0 225 292 272 -6.8%

All Offenses Total 230 5,453 1,346 562 645 4,500 69 203 361 366 23 619 488 400 850 15,768 16,115 2.2%

While Criminal Filings Rise, District Courts 

Caseloads Decline Overall
48

percent from FY 2016. Criminal cases terminated 

during the year numbered 12,549, up 2.7 percent, 

while the courts’ combined pending criminal 

caseload totaled 13,021, up 3.8 percent.

Nine out of the 15 districts reported more criminal 

cases in fiscal year 2017. The Ninth Circuit as a 

whole accounted for 21.8 percent of the criminal 

caseload nationally, which numbered 59,788, up 1.2 

percent from the prior fiscal year.

In the Ninth Circuit, the total number of defendants 

involved in criminal cases was up 2.1 percent 

to 16,144 cases in FY 2017. A majority of the 

defendants, 14,257, were charged with felony 

offenses. Defendants charged with drug offenses 

numbered 5,634 and accounted for 34.9 percent 

of total criminal defendants in the circuit, down 

5.9 percent from the prior fiscal year. Of the total 

drug offenses, 1,628 involved marijuana and 4,006 

involved all other drug offenses.

U.S. District Courts: Weighted and Unweighted Filings Per Authorized Judgeship 

District

 

Authorized

 Judgeships 

Weighted Filings Per Judgeship Unweighted Filings Per Judgeship

Civil Criminal

Supervision

Hearings

2017

Total

2016

Total

Change

2016-17 Civil Criminal

Supervision

Hearings

2017

Total

Alaska 3 102 115 1.0 218 221 -1.4% 111 77 9.7 197

Arizona 13 336 333 9.7 678 707 -4.1% 423 419 120.2 962

C. Calif. 28 504 63 2.8 570 567 0.5% 488 48 34.0 569

E. Calif. 6 624 130 5.2 759 794 -4.4% 719 92 49.8 861

N. Calif. 14 486 64 3.0 553 499 10.8% 465 46 37.1 548

S. Calif. 13 204 352 7.1 563 527 6.8% 201 346 87.3 634

Hawaii 4 162 74 4.6 240 226 6.2% 159 51 52.3 262

Idaho 2 238 228 4.5 470 495 -5.1% 263 180 50.5 493

Montana 3 188 188 6.4 383 410 -6.6% 215 121 59.3 395

Nevada 7 522 134 3.5 659 541 21.8% 557 88 38.4 684

Oregon 6 296 108 6.6 411 496 -17.1% 333 82 82.2 496

E. Wash. 4 158 136 11.7 305 294 3.7% 209 100 128.0 437

W. Wash. 7 386 83 4.6 473 468 1.1% 419 122 52.7 593

Circuit 

Total 110 4,206 2,008 70.7 6,282 6,245 0.6% 4,562 1,772 801.5 7,131

Circuit 

Mean – 324 154 5.4 483 480 0.6% 351 136 61.7 549

Circuit 

Median – 296 130 4.6 473 496 -4.6% 333 92 52.3 548

National 

Mean – 308 138 4.2 451 457 -1.3% 351 114 44.1 509

National 

Total 673 341 131 3.7 475 483 -1.7% 375 114 40.3 529

Note: Case weights are based on the 2015 district court case weighting system approved by the Judicial Conference of the United States for use 

after December 2016. Data for the territorial courts are not included. This table excludes civil cases arising by reopening, remand or transfer to 

the district by the order of the Judicial Panel on Multidistrict Litigation. This table includes defendants in all criminal cases filed as felonies or 

Class A misdemeanors but includes only those defendants in criminal cases filed as petty offenses that were assigned to district judges rather than 

magistrate judges. Remands and reopens for criminal defendants are excluded. This table includes trials conducted by district and appellate judges 

only; all trials conducted by magistrate judges are excluded. Sentencing hearings are excluded. Due to rounding, subtotals may not equal totals.
49

Criminal defendants charged with immigration offenses 

were up 15.2 percent to 5,358 cases in FY 2017. Immigration 

offenses constituted 33.2 percent of all criminal defendants in 

the circuit. Of the total, 3,826 defendants were charged with 

improper reentry into the United States.

The District of Arizona, which takes in 389 miles of the U.S.-

Mexico border, ranked first in the nation in number of defendants 

charged with drug offenses, totaling 1,966 and down 31.3 

U.S. District Courts - Total Criminal and Civil Cases 

Filed, Terminated and Pending, 2016-2017

Caseload Measure 2016 2017

1

Change

2016-17

Civil Filings 48,523 47,177 -2.8%

Criminal Filings 12,504 13,015 4.1%

Total Filings 61,027 60,192 -1.4%

Civil Terminations 44,383 44,624 0.5%

Criminal Terminations 12,222 12,549 2.7%

Total Terminations 56,605 57,173 1.0%

2

Pending Civil Cases 42,400 44,953 6.0%

Pending Criminal Cases 12,545 13,021 3.8%

2

Total Pending Cases 54,945 57,974 5.5%

2

Civil Case Termination Index 

(in months) 11.46 12.09 5.5%

Criminal Case Termination Index

 (in months) 12.31 12.45 1.1%

2

Overall Case Termination Index 11.65 12.17 4.5%

Median Time Intervals in Months from Filing to Disposition

 Civil Cases 6.9 6.8 -1.4%

 Criminal Defendants 5.8 5.8 –

 Civil Cases National Total 9.2 9.9 7.6%

 Criminal Defendants National Total 7.1 7.1 –

Note: Median time interval from filing to disposition of civil cases terminated 

excludes land condemnation, prisoner petitions, deportation reviews, recovery of 

overpayments and enforcement of judgments. Includes cases filed in previous years 

as consolidated cases that thereafter were severed into individual cases. For fiscal 

years prior to 2001, the data included recovery of overpayments and enforcement of 

judgments. Median computed only for 10 or more cases. 

1

Percent change not computed when fewer than 10 cases reported for the previous 

period.

2

2016 total pending civil cases and total pending cases revised

percent from the prior fiscal year. The 

district accounted for 34.9 percent of all 

defendants charged with drug offenses in 

the circuit. The district also ranked first 

in the nation in number of defendants 

charged with immigration offenses, which 

numbered 2,474, down 4.6 percent from 

the prior fiscal year, and accounted for 

46.2 percent of the circuit total.

The Southern District of California, 

also located on the U.S.-Mexico 

border, ranked second in the circuit 

for the largest numbers of defendants 

charged with immigration and drug 

offenses. The district reported 2,296 

defendants charged with immigration 

offenses, up 51.4 percent, and 1,645 

defendants charged with drug offenses, 

up 28 percent. The Southern District 

of California had 42.9 percent of all 

defendants with immigration offenses 

and 29.2 percent of all defendants with 

drug offenses in the circuit.

Ninth Circuit district courts in the circuit 

reported 1,797 defendants charged with 

property offenses. Under this category, 

defendants charged with fraud were most 

numerous, totaling 1,246, followed by 

burglary, larceny or theft, 369; forgery 

and counterfeiting, 67; embezzlement, 

58; and 57 for other property offenses.

In the Ninth Circuit, defendants charged 

with firearms and explosives offenses 

numbered 1,140. Violent offenses, which 

includes homicide, robbery, assault and 

other violent offenses, numbered 623.

Ninth Circuit district courts pending 

criminal caseloads were up 3.8 percent 

to 13,021 cases, with four of the district 

courts reporting fewer pending criminal 

cases in fiscal year 2017.
50

Civil Caseload

Civil filings in the district courts were down 2.8 

percent to 47,177 civil filings compared to the prior 

fiscal year. Civil matters accounted for 78.4 percent 

of total caseloads in the district courts. Civil filings 

nationally numbered 267,769, down 8.3 percent in 

FY 2017.

Private civil cases, which numbered 39,506, 

accounted for 83.7 percent of all new civil filings in 

the circuit. Prisoner petitions were most numerous 

under this category, totaling 8,318, or 21.1 percent 

of all private civil cases in the circuit.

Civil rights cases numbered 8,089 cases or 20.5 

percent of all private civil cases in the circuit. Private 

civil cases also included contract dispute, 3,962 

or 10 percent; personal injury suits, 4,926 or 12.5 

percent; intellectual property suits, 2,705 or 6.8 

percent; real property suits, 2,388 or 6 percent; and 

labor suits, 2,242 or 5.7 percent.

The U.S. government was a party in 7,671 civil cases, 

accounting for 16.3 percent of total civil cases in the 

Ninth Circuit. The government acted as a plaintiff 

in 888 cases and as a defendant in 6,783 cases. 

Among the matters involving the government, social 

security cases were most numerous, 3,804 cases, or 

49.6 percent of the total U.S. civil cases in the Ninth 

Circuit. Prisoner petitions followed with 1,408 cases, 

or 18.4 percent, and were down 53 percent in FY 

2017. Other categories were tort actions, 417 cases 

or 5.4 percent; civil rights, 314 cases or 4.1 percent; 

contracts, 191 cases or 2.5 percent; and forfeitures 

and penalties, 266 cases or 3.5 percent.

Ten out of the 15 districts reported decreased civil 

filings in fiscal year 2017. The Central District of 

California, which ranked first in number of civil 

cases filed in the circuit and in the nation, reported 

14,275 cases, down 3.1 percent from the prior fiscal 

year. Filings in the District of Oregon were down 

18.2 percent to 2,059 cases; the Eastern District 

of California, down 8.3 percent to 4,436 cases; the 

Southern District of California, down 17.7 percent 

to 2,920 cases; the District of Hawaii, down 7.8 

percent to 700 cases; the District of Montana, down 

4.3 percent to 663 cases; the Western District of 

Washington, down 3.7 percent to 3,031 cases; the 

District of Idaho, down 9 percent to 545 cases; the 

District of Alaska, down 8.5 percent to 345 cases; 

and the District of the Northern Mariana Islands, 

down 31.6 percent to 26 cases. 

The District of Nevada reported increased civil filings, 

up 10.1 percent to 4,003 cases; the Northern District 

of California, up 1.8 percent to 7,438 cases; the 

District of Arizona, up 6.3 percent to 5,642 cases; and 

the Eastern District of Washington, up 2.7 percent to 

972 cases. The District of Guam reported 122 cases, 

40 more cases than the prior year and up 48.8 percent. 

Civil cases terminated by district courts were up 0.5 

percent to 44,624 cases, and pending cases were up 6 

percent to 44,953 cases in FY 2017. Nationally, civil 

case terminations were up 6.7 percent to 289,901 

cases, while pending cases were down 6.2 percent to 

339,131 cases.

Case Processing Times

Case processing times in the district courts of the 

Ninth Circuit were virtually unchanged from the 

prior fiscal year. The Case Termination Index, 

which computes how long it would take to clear 

the pending caseload if the current termination 

rate remained constant, increased to 12.17 months 

compared to 11.65 months the prior fiscal year.

The median time from filing to disposition of civil cases 

in the Ninth Circuit decreased to 6.8 months compared 

to 6.9 months the prior fiscal year. The national median 

time increased to 9.9 months in FY 2017.

For criminal defendants, there was no change in 

median time from filing to disposition in the Ninth 

Circuit. The Ninth Circuit had a median time of 

5.8 months, reporting no change from the prior 

year. The national median time also had no change, 

reporting a median time of 7.1 months in FY 2017. 
51

While bankruptcy filings in the United States 

continued to decline, the rate of decline slowed 

appreciably in 2017. The slowdown was seen in 

filings by both businesses and individuals.

New bankruptcy filings nationally were down 

1.8 percent in fiscal year 2017, compared to a 6.3 

percent decline in 2016. In the Ninth Circuit, new 

filings were down 5.2 percent, compared to a decline 

of 11.1 percent in 2016.

Bankruptcy courts nationally and in the Ninth 

Circuit reported the fewest new filings since peaking 

in 2010 as the Great Recession took hold. In 2017, 

bankruptcy courts nationally reported 790,830 

new filings. Bankruptcy courts in the Ninth Circuit 

reported 128,102 new filings, 16.2 percent of the 

national total.

In the Ninth Circuit, 13 of 15 judicial districts are 

served by a bankruptcy court (district judges preside 

over bankruptcy cases in Guam and the Northern 

Mariana Islands). Twelve of the 13 bankruptcy 

courts reported fewer filings in 2017. The biggest 

numerical decrease in filings occurred in the Central 

District of California, while the Western District of 

Washington had the largest decline percentage-wise.

The Central District of California, which serves 

nearly 20 million people in Los Angeles and six 

Southern California counties, had 39,325 new 

filings, 2,900 fewer cases than the prior year. The 

change amounted to a 6.9 percent reduction in new 

filings. The Western District of Washington reported 

11,129 new filings, down 12.6 percent from 2016.

While most of the bankruptcy courts reported a 

percentage-wise decline in filings, the decrease 

in filings was less than it was reported a year ago. 

Compared to last year’s 12.2 percent decline, the 

Eastern District of California did not see a percentagewise change in filings between 2016 and 2017. The 

Southern District of California saw a smaller percent 

change in filings, down only 0.8 percent in 2017, 

compared to a 7 percent decrease in 2016.

Outside of California, other districts also saw smaller 

percentage changes from the prior year. The District of 

Oregon had a 4.3 percent decrease in filings in 2017, 

down from the 14.8 percent decline in 2016. In 2016, 

filings in the District of Arizona were down 8.9 percent, 

while the decline in 2017 was only 1.3 percent. In 

Idaho, the percentage decline in 2017 was 1.8 percent, 

compared to the 7.7 percent decline in FY 2016.

Fewer filings reported elsewhere in the circuit 

included the district courts of the Northern District of 

California, 9,394 filings, down 11.4 percent; Hawaii, 

1,388 filings, down 5.1 percent; Montana, 1,314 filings, 

down 3.7 percent; Nevada, 8,760 filings, down 3.3 

percent; the Eastern District of Washington, 3,928 

filings, down 4.7 percent; Guam, 143 filings, down 5.9 

percent; and the Northern Mariana Islands, 3 filings, 

down from 7 in the prior year.

The only increase in filings was in the District of 

Alaska. New filings were up 6 percent in 2017. It 

is a greater increase in filings compared to the 1.9 

percent increase in 2016. 

Decline in Bankruptcy Filings Slows in 2017

Ninth Circuit Bankruptcy Courts, 2016-2017

District

2016

 Total Filings

2017

Total Filings

Change

2016-17

Alaska 434 460 6.0%

Arizona 15,895 15,682 -1.3%

C. Calif. 42,225 39,325 -6.9%

E. Calif. 15,528 15,526 0.0%

N. Calif. 10,607 9,394 -11.4%

S. Calif. 8,263 8,201 -0.8%

Guam 152 143 -5.9%

Hawaii 1,463 1,388 -5.1%

Idaho 3,841 3,771 -1.8%

Montana 1,365 1,314 -3.7%

Nevada 9,063 8,760 -3.3%

1

NMI 7 3 –

Oregon 9,488 9,078 -4.3%

E. Wash 4,120 3,928 -4.7%

W. Wash. 12,739 11,129 -12.6%

Circuit Total 135,190 128,102 -5.2%

1

Percent change not computed when fewer than 10 cases reported for 

the previous period.
52

The majority of bankruptcy cases in 2017 were 

nonbusiness filings, which amounted to 767,721, 

or 97.1 percent of all filings nationally. In the Ninth 

Circuit, nonbusiness filings totaled 123,468 and 

accounted for 96.4 percent of all new filings in the 

circuit. 

Among new business and nonbusiness bankruptcies 

combined nationally, 486,542, or 61.5 percent, were 

Chapter 7 filers. The Ninth Circuit made up 19.6 

percent of the nation’s Chapter 7 filings, totaling 

95,283 cases. Chapter 7 filings accounted for 74.4 

percent of all new bankruptcy filings in the circuit.

Chapter 13 filings numbered 296,599 nationally, 

or 37.5 percent. In the Ninth Circuit, Chapter 13 

filings numbered 31,460, or 24.6 of the circuit total. 

Combined Chapter 7 and Chapter 13 filings totaled 

126,743, or 98.9 percent of all filings in the circuit. 

Chapter 11 and Chapter 12 filings made up the 

remainder. 

Terminations, Pending Cases

In 2017, bankruptcy courts in the Ninth Circuit 

terminated 147,895 cases, or 17.3 percent of total 

cases terminated nationwide.

The Central District of California terminated 46,240 

cases, or 31.3 percent of all cases terminated in the 

Ninth Circuit. The Eastern District of California 

followed with 17,971 cases or 12.2 percent; the 

District of Arizona reported 16,709 cases or 11.3 

percent; the Northern District of California, 

13,136 cases or 8.9 percent; the Western District 

of Washington, 12,715 cases or 8.6 percent; the 

District of Oregon, 10,054 cases or 6.8 percent; 

the District of Nevada, 9,867 cases or 6.7 percent; 

and the Southern District of California, 9,468 cases 

or 6.4 percent. The districts of Alaska, Eastern 

Washington, Hawaii, Idaho, Montana, Guam and 

Northern Mariana Islands made up the remaining 

11,735 terminated cases, or 7.9 percent.

All 13 bankruptcy courts had a decrease in pending 

cases in 2017. Pending cases before the bankruptcy 

courts of the Ninth Circuit numbered 128,530 cases, 

or 12 percent of total pending cases nationwide. 

Bankruptcy courts in the circuit reported a 13.3 

percent decline in pending cases from the prior year. 

The Central District of California reported an 

18.4 percent decrease of its pending cases, which 

numbered 30,607 in 2017. The Northern District 

of California saw its pending caseload decline by 

17.9 percent to 17,127 pending cases; the Southern 

Business and Nonbusiness Bankruptcy 

Cases Commenced, by Chapter of the 

U.S. Bankruptcy Code, 2016-2017

2

Predominant Nature 

of Debt 2016 2017

Change 

2016-17

Business Filings

 Chapter 7 3,477 3,291 -5.3%

 Chapter 11 930 828 -11.0%

 Chapter 12 46 71 54.3%

 Chapter 13 489 434 -11.2%

Nonbusiness Filings

 Chapter 7 97,166 91,992 -5.3%

 Chapter 11 488 450 -7.8%

 Chapter 13 32,585 31,026 -4.8%

Total 135,181 128,092 -5.2%

Terminations 162,035 147,895 -8.7%

1

Pending Cases 148,326 128,530 -13.3%

1

2016 pending cases revised

2

The nature of debt is business if the debtor is a corporation 

or partnership, or if debt related to the operation of a business 

predominates. Nonbusiness debt includes consumer debt or other 

debt that the debtor indicates is not consumer debt or business debt.

These figures include the following cases not reflected elsewhere.

Fiscal Year 2016

Central Calif. (Chapter 15=1)

Eastern Calif. (Chapter 9=1)

Nevada (Chapter 15=5)

Oregon (Chapter 15=1)

Western Washington (Chapter 15=1)

Fiscal Year 2017

Central Cal. (Chapter 15=1)

Eastern Cal. (Chapter 9=1)

Northern Cal. (Chapter 9=1; Chapter 15=3)

Nevada (Chapter 15=2)

Eastern Wash. (Chapter 9=1)

Western Wash. (Chapter 15=1)
53

District of California, 6,927, down 15.5 percent; 

the Eastern District of California, 13,593, down 

15.2 percent; the Western District of Washington, 

12,958, down 10.9 percent; District of Nevada, 

7,961, down 12.2 percent; the District of Oregon, 

9,669, down 9.2 percent; and the District of 

Arizona, 18,473, down 5.3 percent. The districts 

of Alaska, Hawaii, Idaho, Montana, Guam, and 

Northern Mariana Islands also reported decreases in 

pending cases. 

Pro Se Bankruptcy Filings

Pro se bankruptcy filers are parties not represented 

by legal counsel. Pro se filers often do not understand 

the law and legal procedures, which results in 

frequent dismissals of their filings. They also generally 

require more court staff time to process.

Bankruptcy filings by pro se debtors remain high 

in the Ninth Circuit. In FY 2017, filings by pro se 

debtors numbered 19,839 cases, or 15.5 percent 

of the total bankruptcy filings in the circuit. The 

Ninth Circuit accounted for 29.1 percent of pro se 

bankruptcy filings nationwide. 

The Central District of California had the highest 

rate of pro se filings, numbering 8,499, or 21.6 

percent of total bankruptcy filings in the circuit; 

the District of Arizona, 2,984, or 19 percent; and 

the Northern District of California, 1,546, or 16.5 

percent. The Central District of California had the 

most pro se filers nationally. The District of Arizona 

and the Northern District of California ranked 

seventh and ninth nationally in pro se filers. 

Appointments, Transitions

In 2017, the U.S. Court of Appeals for the Ninth 

Circuit appointed three bankruptcy judges and 

reappointed one bankruptcy judge. The newcomers 

are Bankruptcy Judges David Walter Hercher in 

the District of Oregon, Mary Jo Heston in the 

Western District of Washington, and Benjamin P. 

Hursh in the District of Montana. The reappointed 

bankruptcy judge was Maureen A. Tighe in the 

Central District of California.

Appointed to the Bankruptcy Appellate Panel in 

2017 was Chief Bankruptcy Judge Gary A. Spraker 

of the United States Bankruptcy Court for the 

District of Alaska.

Ninth Circuit bankruptcy courts also rely on 

recalled bankruptcy judges who are appointed on 

a temporary basis with the approval of the Judicial 

Council of the Ninth Circuit. Eleven recalled 

bankruptcy judges served in 2017. 
54

The Ninth Circuit Bankruptcy Appellate Panel 

continued to experience a large pro se caseload in 

fiscal year 2017. Pro se parties accounted for 48 

percent of new appeals received during the year. The 

pro se portion of the panel’s caseload was reduced 

from 54 percent at the beginning of the year to 42 

percent at year’s end.

BAP Authority, Organization

The Ninth Circuit Bankruptcy Appellate Panel, or 

BAP, operates under the authority of the Judicial 

Council of the Ninth Circuit. It is designated to hear 

appeals of decisions made by bankruptcy courts 

of the circuit. All district courts within the Ninth 

Circuit have issued general orders providing for the 

automatic referral of bankruptcy appeals to the BAP 

for disposition. However, if any party files a timely 

election to have the appeal heard by a district court, 

the appeal is transferred according to the consent rule. 

The BAP is authorized seven bankruptcy judges, 

who serve seven-year terms and may be reappointed 

to an additional three-year term. Beginning in 2003, 

one seat was left vacant intentionally due to reduced 

workload. Despite fluctuating filings since then, the 

BAP continues to operate with six judges in an effort 

to keep costs low. In their appellate capacity, BAP 

judges are precluded from hearing matters arising 

from their own districts.

Filings and Dispositions

In fiscal year 2017, new bankruptcy appeals 

numbered 733, down 3 percent from the prior fiscal 

year. The BAP handled 48 percent of all bankruptcy 

appeals, and the district courts handled 52 percent. 

The BAP disposed of 453 appeals in fiscal year 2017, 

an increase of 2 percent from FY 2016. Of those, 

166 were terminated on the merits. Oral argument 

was held in 128 appeals, and 38 appeals were 

submitted on briefs. Of the 166 merits decisions, 17 

were published opinions. The reversal rate was 3.6 

percent. The median time for an appeal decided on 

the merits was 10.2 months.

Of the remaining 287 closed cases, 6 were 

terminated by consolidation and 71 were transferred 

to the district courts after appellee elections or in 

the interest of justice. The remaining 210 closed 

appeals were terminated on procedural grounds, 

such as lack of prosecution, lack of jurisdiction, 

or voluntary dismissal. The BAP had 185 appeals 

pending at the end of FY 2017, down 13 percent 

compared to the end of the prior fiscal year.

Appeals to the Ninth Circuit

Appeals from bankruptcy decisions of either the 

BAP or a district court may be filed with the court 

of appeals for second-level appellate review. In fiscal 

year 2017, 213 second-level appeals were filed. Of 

Ninth Circuit Bankruptcy Appeal Filings, 2015-2017

Year

Bankruptcy 

Appeals Total

Raw Bankruptcy 

Appeals

Received by BAP1

Net Bankruptcy 

Appeals BAP2

Net Bankruptcy 

Appeals

District Court3

Election 

Rate4

Percentage of 

Appeals

Heard by BAP

FY 2015 782 460 349 433 55% 45%

FY 2016 754 429 349 405 54% 46%

FY 2017 733 425 354 379 52% 48%

Bankruptcy Appellate Panel Reduces Pro Se Caseload

1

Number of new appellate filings received and opened as new case files at the BAP Clerk’s Office. This figure includes some appeals where 

an appellee files an election and the appeal thereafter is transferred to district court. (Where a timely election is made by an appellant, the 

bankruptcy court generally bypasses the BAP and refers the appeal directly to the district court.)

2

The number of raw bankruptcy appeals received by BAP less the number of appeals transferred from BAP to district court by election or other transfer.

3

Includes the number of all bankruptcy appeals received by district court either referred directly from the bankruptcy court or transferred from the BAP.

4

Percentage of bankruptcy appeals where one or more parties timely elected to have their appeal heard in district court.
55

those, 97 were appeals from decisions by the BAP 

and 116 were from decisions by district courts. 

Thus, of the 453 appeals that were disposed of by 

the BAP, roughly 79 percent were fully resolved, 

with only 21 percent seeking second-level review.

New Members and Chief Judge

In November 2016, Bankruptcy Judge Ralph B. 

Kirscher of the District of Montana completed a 

six-year, eight-month term on the BAP. Bankruptcy 

Judge Julia W. Brand of the Central District of 

California was appointed to a seven-year term on 

the BAP, succeeding Judge Kirscher. 

In July 2017, Bankruptcy Judge Meredith A. Jury 

of the Central District of California completed a 

10-year term on the BAP, which included service 

as the chief judge since 2016. Chief Bankruptcy 

Judge Gary A. Spraker of the District of Alaska 

was appointed to a seven-year term on the BAP, 

succeeding Judge Jury. In August 2017, Bankruptcy 

Judge Frank L. Kurtz of the Eastern District of 

Washington was appointed chief judge of the BAP.

Use of Pro Tem Judges

The BAP continued to use bankruptcy judges from 

throughout the Ninth Circuit on a pro tem basis. 

In fiscal year 2017, the BAP used eight pro tem 

appointments to assist with oral arguments and 

merits decisions and to provide new bankruptcy 

judges with the opportunity to sit in an appellate 

capacity.

BAP Outreach

The BAP continued its efforts to reach out to future 

and current bankruptcy attorneys throughout the 

Ninth Circuit in 2017. The BAP held oral arguments 

at the University of San Diego School of Law in 

January and at Gonzaga University School of Law in 

September. Also in September, in conjunction with 

oral arguments in Seattle, BAP judges participated 

in a continuing legal education luncheon with 

members of the Washington bankruptcy bar.

Historic Sitting

The Ninth Circuit Bankruptcy Appellate Panel made 

history on March 23, 2017, with its first all-women 

panel. Bankruptcy Judge Meredith A. Jury of the 

Central District of California presided over the 

historic sitting in Sacramento. Joining her on the 

bench were Bankruptcy Judges Laura S. Taylor of the 

Southern District of California and Julia W. Brand, 

also from the Central District of California. 

New Bankruptcy Appeal Filings, 2017

District

Bankruptcy Appellate 

Panel

District 

Court1 Total

Alaska 2 3 5

Arizona 48 23 71

C. Calif. 154 151 305

E. Calif. 24 19 43

N. Calif. 44 68 112

S. Calif. 17 37 54

Hawaii 7 27 34

Idaho 1 8 9

Montana 2 3 5

Nevada 31 16 47

Oregon 4 2 6

E. Wash. 5 1 6

W. Wash. 15 21 36

Total 354 (48%) 379 (52%) 733

1

The numbers for bankruptcy appeals to the district courts are 

taken directly from a statistical caseload table prepared by the 

Administrative Office of the United States Courts. The numbers for 

bankruptcy appeals to the BAP are calculated based on data from 

AOUSC tables and on data from the BAP’s CM/ECF docketing 

system. The district court numbers include all appeals in which a 

timely election was made to have the appeal heard in the district 

court (both appellant and appellee elections) as well as other cases 

transferred in the interest of justice. The BAP numbers exclude all 

such appeals.
56

Magistrate judges are appointed under Article I of 

the Constitution. Selected by the district judges of 

their judicial district, magistrate judges are appointed 

to an eight-year term and may be reappointed. They 

may also serve as recalled magistrate judges.

Magistrate judges make significant contributions 

to the work of the federal trial courts. They support 

district judges in a variety of judicial matters with 

duties ranging from handling petty offenses to taking 

felony pleas. Magistrate judges conduct preliminary 

proceedings, decide trial jurisdiction matters, and 

review prisoner petitions. They may also preside over 

civil trials with consent of the parties.

In FY 2017, 105 full-time magistrate judges, nine 

part-time magistrate judges, one magistrate judge/

clerk of court, and 22 recalled magistrate judges 

served the 15 district courts of the circuit. They 

disposed of 227,386 civil and criminal matters, up 

3.9 percent from fiscal year 2016.

The largest category of matters presided over by 

magistrate judges is preliminary proceedings, which 

include arraignments, initial appearances, detention 

hearings, arrest and search warrants, bail reviews, 

Nebbia hearings, attorney appointment, and material 

witness hearings. In fiscal year 2017, magistrate 

judges disposed of 89,139 preliminary proceedings, 

up 6.1 percent from fiscal year 2016.

Additional duties related to criminal matters 

increased by 6.6 percent to 40,725 from the 

prior fiscal year. Among matters included in this 

category are non-dispositive and dispositive 

motions, pretrial conferences, probation and 

supervised release revocation hearings, guilty plea 

and evidentiary proceedings, motion hearings, 

reentry/drug court proceedings, writs, and mental 

competency proceedings. Non-dispositive motions 

numbered 16,007, up 5.4 percent, while dispositive 

motions numbered 359, up 6.8 percent from the 

prior fiscal year.

Additional duties related to civil matters 

numbered 49,309, up 2.4 percent from FY 

2016. The bulk of this category included nondispositive motions/grants of in forma pauperis, 

or IFP, status, pretrial conferences and settlement 

conferences. Non-dispositive motions/grants of 

IFP status were up 2.6 percent to 36,174. Pretrial 

conferences totaled 4,080, while settlement 

conferences numbered 3,162.

Trial jurisdiction, which includes Class A 

misdemeanor and petty offenses, numbered 23,425, 

down 5.6 percent from the prior fiscal year. Petty 

offenses totaled 21,713, while Class A misdemeanor 

offenses were down 22.4 percent to 1,712.

Civil consent cases in which a magistrate judge 

presides at the consent of parties decreased slightly 

by 0.9 percent to 4,921. The great majority of cases 

were disposed of without trial.

Prisoner petitions numbered 5,964 cases, up 3.9 

percent from FY 2016. The bulk of this work 

involves state habeas petitions, which numbered 

2,251, down 7.4 percent, and civil rights petitions, 

which numbered 3,335 cases, up 11.8 percent.

New Magistrate Judges and Governance

Five new full-time magistrate judges were 

appointed in 2017. They were Judges John D. 

Early and Hemant H. (Shashi) Kewalramani in the 

Central District of California; Susan van Keulen 

and Robert M. Illman in the Northern District of 

California; and Theresa L. Fricke in the Western 

District of Washington.

Magistrate Judge Candy W. Dale of the United 

States District Court for the District of Idaho was 

appointed to the Judicial Conference of the United 

States as the magistrate judge observer. Chief 

Justice John G. Roberts, Jr., appointed her to a twoyear term that commenced October 1, 2017. 

Magistrate Judges See Increases in Criminal, Civil Duties
57

Matters Disposed of by Ninth Circuit Magistrate Judges, 2016-2017

Activity 2016 2017

Percent Change 

2016-17

Total Matters 218,909 227,386 3.9%

Felony Preliminary Proceedings 84,009 89,139 6.1%

Search Warrants 16,205 17,733 9.4%

Arrest Warrants 7,212 8,330 15.5%

Summonses 1,219 1,474 20.9%

Initial Appearances 20,339 21,434 5.4%

Preliminary Hearings 7,181 6,894 -4.0%

Arraignments 13,382 13,980 4.5%

Detention Hearings 12,930 13,111 1.4%

Bail Reviews/Forfeitures/Nebbia Hearings 1,701 1,903 11.9%

1

Other 3,840 4,280 11.5%

Trial Jurisdiction Defendants 24,807 23,425 -5.6%

Class A Misdemeanor 2,205 1,712 -22.4%

Petty Offense 22,602 21,713 -3.9%

Civil Consent Cases 4,967 4,921 -0.9%

Without Trial 4,901 4,856 -0.9%

 Jury Trial 53 47 -11.3%

Bench Trial 13 18 38.5%

Additional Duties

Criminal 38,218 40,725 6.6%

Non-Dispositive Motions 15,181 16,007 5.4%

Dispositive Motions 336 359 6.8%

Evidentiary Proceedings 141 143 1.4%

Pretrial Conferences 9,687 9,566 -1.2%

Probation and Supervised Release 

Revocation Hearings 1,696 1,867 10.1%

Guilty Plea Proceedings 7,608 8,108 6.6%

2

Other 3,569 4,675 31.0%

Civil 48,132 49,309 2.4%

Settlement Conferences/Mediations 3,133 3,162 0.9%

Other Pretrial Conferences 3,941 4,080 3.5%

3

Non-Dispositive Motions/

Grants of IFP Status 35,257 36,174 2.6%

Other Civil Dispositive Motions 2,474 2,474 0.0%

Evidentiary Proceedings 127 127 0.0%

Social Security Appeals 559 520 -7.0%

Special Master References 0 0 –

4

Other 2,641 2,772 5.0%

Prisoner Petitions 5,740 5,964 3.9%

State Habeas 2,432 2,251 -7.4%

Federal Habeas 291 354 21.6%

Civil Rights 2,982 3,335 11.8%

Evidentiary Proceedings 35 24 -31.4%

Miscellaneous Matters 13,036 13,903 6.7%

1

Includes attorney appointment 

hearings and material witness 

hearings.

2

Includes mental competency 

proceedings, motion hearings, 

reentry/drug court proceedings 

and writs.

3

In 2013, magistrate judge 

workload statistics were 

produced using a new software 

program that recalculated 

the statistics for 2013 and 

for previous years. In some 

categories, the statistics 

provided in the report differ 

from the ones displayed in 

those categories in previous 

reports. Non-dispositive 

motions/grants of IFP status 

category includes prisoner 

cases, social security cases and 

other civil cases. 

4

Includes summary jury/other 

ADR/early neutral evaluations, 

motion hearings and fee 

applications.
58

The magistrate judges education program organizers and speakers 

included, from left, Professor James T.R. Jones of the University 

of Louisville, Brandeis School of Law; Dr. Victoria Stanton, 

M.D., chief medical officer, Momentum; Senior District Judge 

Jeremy D. Fogel of the Northern District of California, director 

of the Federal Judicial Center; Peter F. Luongo, Ph.D., executive 

director of the Institute for Research, Education and Training 

in Addictions; Reverend Cindy McCalmont, director of Peer 

Support Programs, National Alliance on Mental Illness in Santa 

Clara County; and Magistrate Judge Nancy J. Koppe of the 

District of Nevada.

Educational Program

The Magistrate Judges Education 

Committee, chaired by Magistrate 

Judge Nancy J. Koppe of the 

District of Nevada, organized 

a supplemental program for 

the bench and bar attending 

the 2017 Ninth Circuit Judicial 

Conference. The program, 

entitled “Understanding and 

Managing Mental Health Issues in 

Federal Court," featured a panel 

presentation on how to properly 

administer justice in cases involving 

litigants with mental health 

problems. Discussed were issues 

that may arise so judges are better 

prepared with tools, knowledge and 

awareness to manage these cases.

Panel members included Professor 

James T.R. Jones of University 

of Louisville, Brandeis School 

of Law; Dr. Peter F. Luongo, 

executive director of Institute for 

Research Education and Training 

in Addictions; Reverend Cindy 

McCalmont, director of Peer 

Support Programs, National 

Alliance on Mental Illness in Santa 

Clara County; and Dr. Victoria 

Stanton, chief medical officer of 

Momentum. Senior District Judge 

Jeremy D. Fogel of the Northern 

District of California and director 

of the Federal Judicial Center 

moderated the panel. 
59

Congress created the Office of the Federal Public 

Defender to fulfill the constitutional requirement 

that indigents charged with federal crimes be 

provided with professional legal representation 

at no cost. Congress funds public defender and 

community defender offices through the Defender 

Services Division of the Administrative Office of the 

United States Courts.

Federal public defender offices are staffed by 

federal judiciary employees while community 

defender organizations are non-profit defense 

counsel organizations staffed by non-government 

employees. Both types of defender offices are 

staffed with experienced federal criminal law 

practitioners who provide a consistently high 

level of representation. Federal public defender 

representations include criminal defense and 

appeals, court-directed prisoner and witness 

representations, bail/pre-sentencing, supervised 

release, and probation and parole revocation 

hearings.

By statute, judges of a court of appeals select and 

appoint federal public defenders to four-year terms. 

The court makes its initial appointment after a 

nationwide recruitment and the use of a local 

screening committee. A federal public defender may 

be reappointed if the court concludes that he or she is 

performing a highly satisfactory manner based upon a 

broad survey and performance evaluation process.

Federal public defenders in the Ninth Circuit 

opened 26,727 new cases in fiscal year 2017, down 

16 percent from the prior fiscal year. Every district 

reported fewer new cases. The Eastern District of 

California, where 1,308 new cases were opened 

compared to 1,995 the prior fiscal year, reported a 

34.4 percent decline, the steepest drop percentagewise. The Northern District of California had the 

largest numerical decline, down to 2,083 from 3,078 

in the prior fiscal year. With 995 fewer cases, the 

Northern District decline was 32.3 percent from the 

prior year.

The federal public defender office in the Southern 

District of California reported an 8.3 percent drop 

with 6,489 new cases in 2017 compared to 7,079 

from fiscal year 2016. Also reporting 

large declines in caseload were the 

District of Nevada, 1,032, down 

31.3 percent; the Eastern District 

of Washington, 1,058, down 27.6 

percent; the District of Oregon, 

1,589, down 26.1 percent; and the 

Western District of Washington, 

1,418, down 23.4 percent.

Federal public defenders in the Ninth Circuit 

closed 28,689 cases, up 2.1 percent from the prior 

fiscal year, while pending caseloads decreased by 

13.4 percent to 13,398 cases. The FPD office in 

the District of Arizona led the way numerically 

with 5,894 terminations, up 12.3 percent. The 

Southern District of California followed with 5,684 

terminated cases. 

The Ninth Circuit’s increase of closed cases 

is attributable to two districts reporting high 

percentages of terminations. The Central District 

of California reported the biggest percentagewise increase in terminations with 50 percent, 

up to 4,661 closed cases from 3,107 terminations 

in 2016, while the District of Oregon followed 

with 2,111 terminations, up 49.2 percent. More 

cases were also closed in the District of Nevada, 

which reported 1,352 terminations, up 27.1 

percent; the Northern District of California, 2,867 

Federal Public Defenders Circuit Wide See 

Downturn in New Cases

Ninth Circuit Federal Defender Organizations: 

Cases Opened, Closed and Pending, 2013-2017

Cases 2013 2014 2015 2016 2017

Change

2016-17

Opened 32,539 28,055 27,465 31,807 26,727 -16.0%

Closed 33,192 28,951 24,720 28,092 28,689 2.1%

Pending 10,120 9,076 11,766 15,477 13,398 -13.4%
60

Federal Defender Organizations: Summary of Representations by District, 2016-2017

District

Opened

2016

Opened

2017

Change

2016-17

Closed

2016

Closed

2017

Change

2016-17

Pending

2017

Alaska 413 369 -10.7% 328 296 -9.8% 397

Arizona 5,773 5,746 -0.5% 5,248 5,894 12.3% 1,654

C. Calif. 4,506 4,039 -10.4% 3,107 4,661 50.0% 3,240

E. Calif. 1,995 1,308 -34.4% 2,109 1,364 -35.3% 640

N. Calif. 3,078 2,083 -32.3% 2,479 2,867 15.7% 615

1

S. Calif. 7,079 6,489 -8.3% 6,895 5,684 -17.6% 3,034

Guam 156 133 -14.7% 175 163 -6.9% 56

Hawaii 439 332 -24.4% 628 443 -29.5% 134

1

Idaho 379 349 -7.9% 436 346 -20.6% 222

1

Montana 1,024 782 -23.6% 991 794 -19.9% 284

Nevada 1,502 1,032 -31.3% 1,064 1,352 27.1% 993

Oregon 2,151 1,589 -26.1% 1,415 2,111 49.2% 1,266

1

E. Wash. 1,461 1,058 -27.6% 1,482 1,156 -22.0% 399

W. Wash. 1,851 1,418 -23.4% 1,735 1,558 -10.2% 464

Circuit Total 31,807 26,727 -16.0% 28,092 28,689 2.1% 13,398

National Total 161,540 112,661 -30.3% 148,794 127,414 -14.4% 58,445

Circuit Total as 

% of National 

Total 19.7% 23.7% 4.0% 18.9% 22.5% 3.6% 22.9%

1

Community Defender Organizations

Note: Eastern Washington and Idaho are combined into one organization, and Northern Mariana Islands is not served by a defender 

organization. Other representations include court-directed prisoner, bail/presentment, witness, probation revocation and parole revocation 

representations. 

terminations, up 15.7 percent; and the District of 

Arizona, up 12.3 percent to 5,894 terminations.

Nine districts reported fewer closed cases in 2017. 

The Eastern District of California reported 1,364 

closed cases, down 35.3 percent. Fewer closed 

cases also were reported in the Eastern District of 

Washington, 1,156, down 22 percent; the Southern 

District of California, down 17.6 percent to 5,684; 

the Western District of Washington, 1,558, down 

10.2 percent; Hawaii, 443, down 29.5 percent; 

the District of Idaho, 346, down 20.6 percent; the 

District of Montana, 794, down 19.9 percent; the 

District of Alaska, 296, down 9.8 percent; and 

District of Guam, 163, down 6.9 percent. 

In fiscal year 2017, federal defenders nationally 

opened 112,661 cases, down 30.3 percent, and 

closed 127,414 cases, down 14.4 percent. The 

defender offices finished the fiscal year with a 

combined pending caseload of 58,445 cases, 

down 20.5 percent from the prior fiscal year.

Reappointment

The Ninth Circuit Court of Appeals reappointed 

one federal public defender in 2017. Heather 

Williams of the Eastern District of California began 

serving a new four-year term on May 6, 2017. 
61

United States probation officers prepare presentence 

reports on convicted defendants and supervise 

offenders who have been placed on probation, 

supervised release, civilian and military parole, or 

conditional release. Probation officers perform these 

duties in various settings, from courthouses in major 

cities to one-person officers in rural areas.

Presentence Reports

Probation officers investigate the offense conduct and 

the defendant’s personal background. They identify 

applicable guidelines and policy statements and 

calculate the defendant’s offense level and criminal 

history category. Probation officers report the resulting 

sentencing range and identify factors relevant to the 

appropriate sentence. Presentence reports assist a judge 

in sentencing convicted defendants.

Standard guideline presentence reports are generally 

prepared in felony and Class A misdemeanor 

cases for which the U.S. Sentencing Commission 

has promulgated guidelines. In the Ninth Circuit, 

probation officers prepared 11,538 presentence 

Ninth Circuit Federal Probation System: 

Persons Under Post-Conviction 

Supervision, 2016-2017

Persons Under 

Supervision 2016 2017

Change 

2016-17

1

From Courts 3,198 3,144 -1.7%

2

From Institutions 19,884 19,617 -1.3%

Total 23,082 22,761 -1.4%

1

Includes conditional release, probation, and the former categories 

known as judge probation and magistrate judge probation.

2

Includes parole, special parole, mandatory release and military parole.

Ninth Circuit Federal Probation System: Persons Under Post-Conviction 

Supervision by District, 2016-2017

District

From Courts Referred by Institutions Persons Under

Supervision, 

2016

Persons Under

Supervision, 

2017

Change

2016-17 1Probation

Supervised

Release 2Parole 3BOP Custody

Alaska 68 277 3 1 384 349 -9.1%

Arizona 722 3,072 9 2 3,882 3,805 -2.0%

C. Calif. 698 4,668 25 0 5,490 5,391 -1.8%

E. Calif. 185 1,792 11 0 1,904 1,988 4.4%

N. Calif. 331 1,656 10 0 1,989 1,997 0.4%

S. Calif. 257 2,657 19 0 2,855 2,933 2.7%

Guam 56 121 2 4 179 183 2.2%

Hawaii 70 574 5 2 750 651 -13.2%

Idaho 81 477 6 3 568 567 -0.2%

Montana 111 750 2 7 895 870 -2.8%

Nevada 152 950 8 0 1,138 1,110 -2.5%

NMI 7 26 0 0 37 33 -10.8%

Oregon 223 898 14 2 1,197 1,137 -5.0%

E. Wash 68 554 4 2 653 628 -3.8%

W. Wash. 115 987 17 0 1,161 1,119 -3.6%

Circuit 

Total 3,144 19,459 135 23 23,082 22,761 -1.4%

1

Includes conditional release, probation, and the former categories known as judge probation and magistrate judge probation.

2

Includes parole, special parole, mandatory release, and military parole. 

3

BOP (Bureau of Prisons)
62

guideline reports in FY 2017, up approximately 

3.5 percent from the prior fiscal year. The circuit 

accounted for 19.3 percent of the national total of 

59,644 submitted presentence guideline reports.

Post-Conviction Supervision of Offenders

Probation officers supervise persons who are released 

to the community after serving prison sentences 

or placed on probation supervision by the court. 

They assist supervised individuals by directing 

them to services, including substance abuse, mental 

health, and sex offender treatment; medical care; 

employment assistance; literacy and training 

programs; and cognitive-behavioral treatment 

therapies to foster long-term positive changes to 

reduce recidivism. By using both controlling and 

correctional strategies, officers work diligently to 

protect the community, while promoting long-term 

change in the offender population.

Probation officers in the Ninth Circuit supervised 

22,761 persons in FY 2017, down 1.4 percent from 

the prior fiscal year. The circuit accounted for 16.9 

percent of the national total of 134,731 persons 

under supervision at the conclusion of FY 2017.

Among those under supervision, 3,144 were on 

probation, 19,459 were on supervised release, 135 

persons were on parole, and 23 individuals adhered 

to the Bureau of Prisons custody standards.

Offenders with convictions for drugs, property, 

firearms and weapons, sex and violent offenses are 

the largest group of persons under supervision 

in the Ninth Circuit. These offenders numbered 

20,460, accounting for 90 percent of persons under 

supervision in the Ninth Circuit.

Revocations and Early Terminations

Ninth Circuit cases that were revoked and closed 

after post-conviction supervision numbered 3,507, 

up 8.1 percent from FY 2016. Of these revocations, 

194 were from probation sentences, 3,303 were 

from supervised release terms, and 10 were from 

parole cases. The Ninth Circuit accounted for 20.8 

percent of the 16,857 cases revoked nationally. 

The national revocation rate for FY 2017 was 27.9 

percent, a 1.9 percent increase from FY 2016. The 

Ninth Circuit’s revocation rate was 30.6 percent, a 

2.6 percent increase from the previous fiscal year.

Since 2002, the Judicial Conference of the United 

States Committee on Criminal Law has encouraged 

officers to identify offenders who qualify for early 

termination. When conditions of supervision 

have been met, and the offender does not pose a 

foreseeable risk to the public or an individual, the 

probation officer may request the sentencing judge 

to consider early termination. For FY 2017, there 

were 1,434 cases terminated early in the Ninth 

Circuit, accounting for a savings of over $8 million, 

or an average savings of $5,500 per client. On the 

national level, 7,558 cases were terminated early, 

accounting for a savings of over $45 million, or an 

average savings of $5,900 per client.

Evidence-Based Practices

United States probation officers aim to reduce 

recidivism by utilizing “evidence-based practices" 

to make informed decisions about the supervision 

of risks offenders may pose. The process known as 

Post-Conviction Risk Assessment, or PCRA, was 

undertaken to improve post-conviction supervision. 

PCRA helped direct allocation of resources, 

attention and services to the highest risk offenders. 

It was the risk assessment tool that has been in place 

since roughly 2001.

In June of 2017, United States Probation 

implemented PCRA 2.0, which uses the Violence 

Assessment as part of the risk tool. The Violence 

Assessment is an objective, quantifiable instrument 

that provides a consistent and valid method of 

predicting risk of committing a violent offense. 

Research identified ten static factors that do 

not change over time and four scales (power 

orientation, entitlement, denial of harm and self-
63

assertion/deception) from the PCRA 2.0 selfassessment that are strongly correlated with future 

violence. The assessment of these factors can 

provide direction for supervision strategies and 

intervention strategies to help mitigate risk for those 

on community supervision.

United States Probation Offices in many districts 

also utilize additional risk tools in the supervision 

of sex offenders. The Static 99R, Stable 2007 and 

Acute 2007 are validated risk tools that can help 

predict the likelihood of sexual recidivism. The 

Stable and Acute identify and measure dynamic 

risk factors. These factors are assessed throughout 

community supervision and provide further 

direction for supervision and intervention strategies 

for U.S. probation officers and treatment providers. 

Along with this assessment tools, evidence-based 

practices include the use of low-risk supervision 

caseloads and reentry programs, which include 

reentry courts, workforce development activities, 

and cognitive behavioral therapy programs. 

Furthermore, to enhance bond and strengthen 

offender success, techniques such as Motivational 

Interviewing, or MI, and Strategic Techniques 

Aimed at Reducing Re-Arrest program, or STARR, 

have been implemented. These areas focus on 

skills most helpful to an officer in trying to change 

offender behavior. The utilization of Second Chance 

Act funding has allowed districts to connect with 

much needed services in allowing individuals under 

supervision in becoming successful. Some examples 

of funding use include: employment/training 

programs, financial literacy classes, availability of 

transitional housing, and more. 
64

United States pretrial services officers have 

significant roles in the federal judicial system. In the 

Ninth Circuit, pretrial services officers contribute 

to the fair administration of justice, protect their 

communities, and seek to bring about positive, longterm change to individuals under supervision.

Pretrial service officers investigate defendants charged 

with federal crimes, recommend to the court whether 

to release or detain them, and supervise those who 

are released to the community while awaiting trial. 

While the defendant is presumed innocent until 

proven guilty, pretrial services officers must balance 

this presumption with the reality that some persons, 

if not detained before their trial, are likely to flee or to 

pose a danger to the community. 

Pretrial service officers also conduct pretrial 

diversion investigations and prepare written reports 

about a diversion candidate’s suitability for the 

Office of the U.S. Attorney’s Pretrial Diversion 

Program. They are responsible for supervision of 

diverted defendants who are deemed appropriate 

and accepted into the program.

New Case Activations

In fiscal year 2017, pretrial services offices in the 

Ninth Circuit reported 28,310 new case activations, 

down 5.4 percent from 29,914 new case activations 

in fiscal year 2016. New case activations nationwide 

totaled 88,255, down 3.1 percent from the prior 

year. The Ninth Circuit continues to rank first 

nationally in cases activated, accounting for 32.1 

percent of total new cases.

Pretrial Bail Reports, Supervision

Pretrial services officers in the Ninth Circuit 

prepared 27,666 written pre-bail reports and 385 

post-bail reports over the course of the fiscal year. 

Bail reports were prepared in 99.1 percent of the 

cases activated. Officers conducted 9,315 pretrial 

bail interviews.

Excluding immigration cases, officers made 

recommendations for initial pretrial release to 

the courts in 52 percent of cases. Assistant U.S. 

attorneys in the circuit recommended pretrial 

release in 42.6 percent of cases in fiscal year 2017.

During FY 2017, defendants who were received 

for supervision numbered 4,974, down 0.8 

percent from 5,015. Of these individuals, 3,645 

were received for regular supervision; 1,211 were 

supervised on a courtesy basis from another 

district or circuit; and 118 were pretrial diversion 

caseloads, which include courtesy supervision of 

diversion cases.

Detention Summary

In the Ninth Circuit, officers detained 21,979 

defendants in FY 2017, the highest in the nation. 

Excluding immigration cases, 66.7 percent of 

defendants were detained and never released. 

Defendants were detained an average of 211 days. 

The U.S.-Mexico border courts in the districts 

of Arizona and Southern District of California 

reported the highest number of defendants 

detained. The total number of defendants detained 

in the District of Arizona was 12,785, while 

defendants detained in the Southern District of 

California numbered 6,237. The Ninth Circuit 

accounted for 19.9 percent of total days that 

defendants were incarcerated nationally.

Violations

Of the 10,054 cases in release status, cases with 

violations numbered 1,552. They included 27 

violations due to felony re-arrests, 37 violations 

resulting from misdemeanor re-arrests, 4 for “other" 

re-arrest violations, and 184 for failure to appear. 

Technical violations, including positive urine tests for 

illegal substances, violation of location monitoring 

conditions, possession of contraband, and failure 

to report to a supervising pretrial services officer, 

accounted for the remaining violations.

Number of Defendants Under Pretrial 

Supervision Holds Steady
65

Pretrial Workload, 2016-2017

District

Defendant Contact Written Reports

No Reports

Made

Total Cases

Activated 2016

Total Cases

Activated 2017

Change

 Interviewed 2016-17

1

Not

 Interviewed 2Prebail Postbail

AK 66 143 206 0 3 221 209 -5.4%

AZ 1,842 12,516 14,277 56 25 17,625 14,358 -18.5%

C. Calif. 1,246 351 1,587 5 5 1,558 1,597 2.5%

E. Calif. 366 257 613 8 2 555 623 12.3%

N. Calif. 413 269 462 213 7 588 682 16.0%

S. Calif. 3,612 3,830 7,370 33 39 5,885 7,442 26.5%

GU 60 8 68 0 0 41 68 65.9%

HI 163 52 200 6 9 187 215 15.0%

ID 189 158 314 0 33 336 347 3.3%

MT 158 204 337 7 18 444 362 -18.5%

NV 409 248 654 1 2 618 657 6.3%

NMI 20 0 19 1 0 22 20 -9.1%

OR 241 248 472 5 12 611 489 -20.0%

E. Wash 242 165 304 10 93 394 407 3.3%

W. Wash. 288 546 783 40 11 829 834 0.6%

Circuit 

Total 9,315 18,995 27,666 385 259 29,914 28,310 -5.4%

National 

Total 50,193 38,062 82,447 2,654 3,154 91,111 88,255 -3.1%

Circuit % 

of National 18.6% 49.9% 33.6% 14.5% 8.2% 32.8% 32.1% -0.8%

Note: This table includes data for the District of Columbia and includes transfers received.

1

Includes cases in which interviews were refused, includes defendants not available for interview, and includes transfer-received cases in which 

defendants were interviewed in other districts.

2

Includes prebail reports both with recommendations and without, and includes types of reports categorized in previous periods as “other reports."

Pretrial Services Cases Activated in Ninth Circuit Courts, 2016-2017

Caseload Measure 2016 2017 Change 2016-17

Reports 29,563 28,051 -5.1%

Interviews 8,966 9,315 3.9%

Cases Activated 29,914 28,310 -5.4%

Note: This table excludes data for the District of Columbia and includes transfers received. Total pretrial services 

cases activated includes complaints, indictment/information, material witness, superseding, and other cases, and 

includes data reported for previous periods as “transfers received."
66

Evidence-Based Practices for Pretrial Services

Evidence-based practices are those that have 

been found through research to enhance overall 

desired outcomes. The desired outcomes of the 

pretrial services functions are to reasonably assure 

that defendants do not pose either a risk of nonappearance or a danger to the community. In 

order to accomplish this, a proven evidence-based 

practice in pretrial services is to use a validated risk 

assessment tool. 

Pretrial Services Offices in the Ninth Circuit have 

incorporated the Pretrial Services Risk Assessment 

(PTRA) into its business practices. The PTRA is 

an objective instrument that provides a consistent 

and valid method of predicting risk of failure to 

appear, new criminal arrests, and revocations due 

to technical violations. Pretrial services officers 

are using this tool to improve their ability to 

assess risks and make informed recommendations 

to the court on release or detention. The PTRA 

has also been used as a tool to assess the level of 

supervision appropriate for defendants released 

on pretrial supervision. Defendants with lower 

PTRA scores are less likely to fail to appear, sustain 

a new arrest, or commit a new offense while on 

pretrial release. An evidence-based approach 

directs resources to be more effectively utilized by 

focusing on defendants with higher PTRA scores, 

namely defendants who pose higher risks of nonappearance and/or danger to the community.

Another evidence-based practice being 

implemented in the Ninth Circuit is Staff Training 

Aimed at Reducing Re-Arrest, or STARR. Use 

of STARR communication techniques improve 

the quality of the interaction between the officer 

and defendants to effect long-term behavior 

change. The techniques have cognitive behavioral 

foundation with the premise that thinking controls 

behavior. STARR training has been provided by 

the Probation and Pretrial Services Office of the 

Administrative Office of the U.S. Courts. It is an 

extensive training program requiring ongoing 

coaching and assessment of officers’ use of STARR 

skills. The districts of Arizona, Central California, 

Guam, Hawaii, Nevada, Southern California, 

Western Washington and Eastern Washington have 

introduced and incorporated STARR at various 

stages into their business practices. 

Specialty Courts and Pre-entry Programs

In FY 2017, several pretrial services offices in 

the Ninth Circuit continue to be involved in 

innovative specialty courts. These programs give 

defendants a chance to have their cases dismissed 

or sentences reduced upon successful completion 

of supervision. Programs in the Ninth Circuit 

include the Alternative to Prison Solution Diversion 

Program in the Southern District of California; the 

Conviction and Sentencing Alternatives Program, a 

presentence and post-conviction diversion program 

in the Central District of California; the Conviction 

Alternatives Program (CAP) in the Northern 

District of California; a pre-adjudication felony 

program in Western Washington; and the Veterans 

Court in Arizona, a diversionary and post-sentence 

program that assists military veterans. 

“Pre-entry" programs in the Ninth Circuit are 

offered to defendants awaiting sentencing. Pretrial 

Services Offices in the District of Oregon and 

District of Nevada operate pre-entry programs. 

These programs are designed to educate 

defendants and their family members about 

Bureau of Prisons services and general rules to 

help reduce the level of stress and anxiety of going 

to prison. Pre-entry programs help establish a solid 

foundation for future success and compliment the 

post-conviction reentry efforts. 
67

District

Grand Juries

Impaneled, 2017

Petit Juries

Selected, 2017

Petit Juror Utilization Rate

Percent Not Selected or Challenged1

2016 2017 Change 2016-17

Alaska 2 11 45.7 32.6 -13.1

Arizona 14 96 27.9 28.4 0.5

C. Calif. 29 162 52.0 45.2 -6.8

E. Calif. 8 58 37.4 36.5 -0.9

N. Calif. 8 61 50.6 39.3 -11.3

S. Calif. 8 91 44.3 42.1 -2.2

Guam 2 5 55.0 63.5 8.5

Hawaii 2 9 37.5 48.1 10.6

Idaho 6 10 24.2 18.8 -5.4

Montana 6 22 39.8 26.1 -13.7

Nevada 5 43 30.5 33.2 2.7

NMI 1 1 20.1 0.0 -20.1

Oregon 12 27 21.9 22.7 0.8

E. Wash. 5 12 45.5 40.2 -5.3

W. Wash. 4 33 37.8 36.1 -1.7

Circuit Total 112 641 – – –

Circuit Average 7.5 42.7 38.0 34.2 -3.8

National Total 755 3,708 – – –

National Average 8.0 39.4 38.0 37.5 -0.5

Note: This table includes data on jury selection days only. Data on juror service after the selection day are not included. Due to rounding, percents 

may not total 100.0 percent.

1

Includes jurors who completed pre-screening questionnaires or were in the courtroom during the conducting of voir dire but were not selected 

or challenged. Includes other jurors not selected or challenged who were not called to the courtroom or otherwise did not participate in the actual 

voir dire.

Juror Utilization, 2016-2017
68

Language AK AZ CAC CAE CAN CAS GU HI ID MT NV NMI OR WAE WAW

2016

Total

2017

Total

Change

2016-17

Arabic 0 25 9 7 1 16 0 0 0 0 0 0 1 0 1 48 60 25.0%

Armenian 0 0 43 60 0 0 0 0 0 0 3 0 0 0 0 137 106 -22.6%

Cantonese 4 1 33 21 47 7 0 5 0 0 0 0 2 0 16 287 136 -52.6%

Farsi 0 0 10 1 0 5 0 0 0 0 1 0 0 0 0 23 17 -26.1%

Japanese 0 0 0 0 5 0 0 2 0 0 0 0 0 0 0 3 7 133.3%

Korean 3 0 68 3 3 4 12 11 0 0 6 0 3 0 3 145 116 -20.0%

Mandarin 0 9 107 78 69 135 10 12 0 0 18 0 0 0 17 260 455 75.0%

Navajo 

(Certified) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 -100.0%

Navajo 

(NonCertified) 0 34 0 0 0 0 0 0 0 0 0 0 0 0 0 43 34 -20.9%

Russian 0 1 24 25 21 4 0 0 0 0 6 0 0 1 7 208 89 -57.2%

Sign 

(American) 0 1 35 23 3 7 0 0 1 0 1 0 13 1 1 65 86 32.3%

Sign 

(Mexican) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 –

Spanish Staff 0 38,433 959 798 198 15,586 0 0 0 0 337 0 261 0 0 58,668 56,572 -3.6%

Spanish 

(Certified) 24 4,485 1,173 693 549 1,183 0 6 264 9 215 0 263 535 535 9,492 9,934 4.7%

Spanish 

(NonCertified) 0 0 0 0 0 0 1 12 61 37 32 0 58 9 0 247 210 -15.0%

Tagalog 1 0 5 0 1 0 0 2 0 0 0 0 0 0 5 11 14 27.3%

Vietnamese 0 0 16 4 62 7 0 0 0 0 3 0 6 0 11 168 109 -35.1%

All Others 36 286 76 76 30 206 3 3 1 2 62 0 15 11 37 730 844 15.6%

Total 68 43,275 2,558 1,789 989 17,160 26 53 327 48 684 0 622 557 633 70,539 68,789 -2.5%

Interpreter Usage by District Courts, 2017
69

District Caseloads

District of Alaska

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 3

 Filings 558 535 -4.1% 178 Bankruptcy 2

 Terminations 484 487 0.6% 162 Magistrate

 1

Pending 610 661 8.4% 220 Full-time 2

Bankruptcy Court Part-time 4

 Filings 434 460 6.0% 230

Authorized places of holding court:

Anchorage, Fairbanks, Juneau, 

Ketchikan, Nome

 Terminations 541 507 -6.3% 254

 1

Pending 417 370 -11.3% 185

1

2016 total pending cases revised.

Central District of California

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court 2

District 28

 Filings 15,591 15,202 -2.5% 543 3

Bankruptcy 23

 Terminations 15,429 15,392 -0.2% 550 Magistrate

 1

Pending 11,986 11,780 -1.7% 421 Full-time 24

Bankruptcy Court Part-time 1

 Filings 42,225 39,325 -6.9% 1,710 Authorized places of holding court:

Los Angeles, Riverside, Santa Ana, 

4

San Fernando Valley. 4Santa Barbara

 Terminations 47,665 46,240 -3.0% 2,010

 1Pending 37,523 30,607 -18.4% 1,331

1

2016 total pending cases revised.

2

Includes one authorized temporary judgeship.

3

Includes two authorized temporary judgeships.

4

San Fernando Valley and Santa Barbara apply only to the bankruptcy court.

District of Arizona

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court 2

District 13

 Filings 10,497 10,247 -2.4% 788 Bankruptcy 7

 Terminations 8,983 9,086 1.1% 699 Magistrate

 1

Pending 6,744 7,879 16.8% 606 Full-time 14

Bankruptcy Court Part-time 1

 Filings 15,895 15,682 -1.3% 2,240 Authorized places of holding court:

3

Bullhead City, Flagstaff, Phoenix, 

Prescott, Tucson, Yuma

 Terminations 19,849 16,709 -15.8% 2,387

 1

Pending 19,501 18,473 -5.3% 2,639

1

2016 total pending cases revised.

2

Includes one authorized temporary judgeship.

3

Bullhead City applies only to the bankruptcy court.
70

Northern District of California

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court 2

District 14

 Filings 7,689 7,898 2.7% 564 Bankruptcy 9

 Terminations 6,164 6,755 9.6% 483 Magistrate

 1

Pending 7,659 8,808 15.0% 629 Full-time 12

Bankruptcy Court Part-time 0

 Filings 10,607 9,394 -11.4% 1,044 Authorized places of holding court:

2

Eureka, Oakland, San Francisco, San Jose, 

2

Santa Rosa

 Terminations 14,769 13,136 -11.1% 1,460

 1Pending 20,869 17,127 -17.9% 1,903

1

2016 total pending cases revised.

2

Eureka applies only to the district court. Santa Rosa applies only to the bankruptcy court.

District Caseloads continued

Eastern District of California

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 6

 Filings 5,173 4,803 -7.2% 801 2

Bankruptcy 7

 Terminations 4,964 5,115 3.0% 853 Magistrate

 1

Pending 7,582 7,275 -4.0% 1,213 Full-time 12

Bankruptcy Court Part-time 0

 Filings 15,528 15,526 0.0% 2,218 Authorized places of holding court:

Bakersfield, Fresno, 3

Modesto, Redding, 

Sacramento, 3

Yosemite

 Terminations 19,368 17,971 -7.2% 2,567

 1Pending 16,037 13,593 -15.2% 1,942

1

2016 total pending cases revised.

2

Includes one temporary judgeship.

3

Modesto applies only to the bankruptcy court and Yosemite applies only to the district court.

Southern District of California

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 13

 Filings 6,452 6,732 4.3% 518 Bankruptcy 4

 Terminations 6,952 6,207 -10.7% 477 Magistrate

 1

Pending 4,819 5,321 10.4% 409 Full-time 11

Bankruptcy Court Part-time 0

 Filings 8,263 8,201 -0.8% 2,050

Authorized places of holding court:

2

El Centro, San Diego

 Terminations 9,227 9,468 2.6% 2,367

 1Pending 8,196 6,927 -15.5% 1,732

1

2016 total pending cases revised.

2

El Centro applies only to the district court.
71

District of Idaho

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 2

 Filings 858 857 -0.1% 429 Bankruptcy 2

 Terminations 800 854 6.8% 427 Magistrate

 1

Pending 1,070 1,072 0.2% 536 Full-time 2

Bankruptcy Court Part-time 0

 Filings 3,841 3,771 -1.8% 1,886

Authorized places of holding court:

Boise, Coeur d'Alene, Pocatello

 Terminations 4,121 3,886 -5.7% 1,943

 1

Pending 3,086 2,971 -3.7% 1,486

1

2016 total pending cases revised.

District of Hawaii

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court 2

District 4

 Filings 881 827 -6.1% 207 Bankruptcy 1

 Terminations 776 828 6.7% 207 Magistrate

 1

Pending 964 968 0.4% 242 Full-time 3

Bankruptcy Court Part-time 1

 Filings 1,463 1,388 -5.1% 1,388

Authorized place of holding court:

Honolulu

 Terminations 1,710 1,516 -11.3% 1,516

 1

Pending 2,178 2,050 -5.9% 2,050

1

2016 total pending cases revised.

2

Includes one temporary judgeship.

District of Guam

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 1

 Filings 122 181 48.4% 181 Bankruptcy 0

 Terminations 113 133 17.7% 133 Magistrate

 1

Pending 164 233 42.1% 233 Full-time 1

Bankruptcy Court Part-time 0

 Filings 152 143 -5.9% 385

Authorized place of holding court:

Hagatna

 Terminations 141 171 21.3% 271

 1

Pending 189 161 -14.8% 327

1

2016 total pending cases revised.

Note: The chief district judge in Guam also handles all bankruptcy cases.
72

District Caseloads continued

District of Montana

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 3

 Filings 996 963 -3.3% 321 Bankruptcy 1

 Terminations 898 881 -1.9% 294 Magistrate

 1

Pending 932 1,006 7.9% 335 Full-time 3

Bankruptcy Court Part-time 0

 Filings 1,365 1,314 -3.7% 1,314

Authorized places of holding court:

Billings, Butte, Great Falls, 2

Helena, Missoula

 Terminations 1,488 1,379 -7.3% 1,379

 1Pending 1,696 1,631 -3.8% 1,631

1

2016 total pending cases revised.

2

Helena applies only to the district court.

District of Nevada

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 7

 Filings 3,994 4,441 11.2% 634 Bankruptcy 4

 Terminations 3,159 3,732 18.1% 533 Magistrate

 1

Pending 5,043 5,762 14.3% 823 Full-time 7

Bankruptcy Court Part-time 0

 Filings 9,063 8,760 -3.3% 2,190

Authorized places of holding court:

Las Vegas, Reno

 Terminations 12,039 9,867 -18.0% 2,467

 1

Pending 9,070 7,961 -12.2% 1,990

1

2016 total pending cases revised.

2

Includes one authorized temporary judgeship.

District of Northern Mariana Islands

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 1

 Filings 56 41 -26.8% 41 Bankruptcy 0

 Terminations 48 49 2.1% 49 Magistrate

 1

Pending 87 78 -10.3% 78 Full-time 0

Bankruptcy Court Part-time 1

 Filings 7 3 – 0

Authorized place of holding court:

Saipan

 Terminations 7 6 – 1

 1

Pending 11 8 -27.3% 1

Note: The chief district judge in Northern Mariana Islands also handles all bankruptcy cases.

1

2016 total pending cases revised.

2

Percent change not computed when fewer than 10 cases reported for the previous period.

3

Heather Kennedy serves as part-time magistrate judge and clerk of court. 
73

Western District of Washington

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 7

 Filings 3,943 3,768 -4.4% 538 Bankruptcy 5

 Terminations 3,854 3,826 -0.7% 547 Magistrate

 1

Pending 3,316 3,278 -1.1% 468 Full-time 6

Bankruptcy Court Part-time 1

 Filings 12,739 11,129 -12.6% 2,226 Authorized places of holding court:

2

Bellingham, 2Marysville, 2Port Orchard, 

Seattle, Tacoma, 2

Vancouver

 Terminations 15,065 12,715 -15.6% 2,543

 1Pending 14,542 12,958 -10.9% 2,592

1

2016 total pending cases revised.

2

Bellingham applies only to the district court. Marysville, Port Orchard and Vancouver apply only to the bankruptcy court.

Eastern District of Washington

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 4

 Filings 1,249 1,244 -0.4% 311 Bankruptcy 2

 Terminations 1,200 1,209 0.8% 302 Magistrate

 1

Pending 1,044 1,075 3.0% 269 Full-time 2

Bankruptcy Court Part-time 0

 Filings 4,120 3,928 -4.7% 1,964

Authorized places of holding court:

2

Richland, Spokane, Yakima

 Terminations 4,598 4,270 -7.1% 2,135

 1Pending 4,366 4,024 -7.8% 2,012

1

2016 total pending cases revised.

2

Richland applies only to the district court.

District of Oregon

Caseload Measure 2016 2017

Change

2016-17

Per Judgeship 

Unweighted 2017 Authorized Judgeships

District Court District 6

 Filings 2,968 2,453 -17.4% 409 Bankruptcy 5

 Terminations 2,781 2,619 -5.8% 437 Magistrate

 1

Pending 2,925 2,778 -5.0% 463 Full-time 6

Bankruptcy Court Part-time 1

 Filings 9,488 9,078 -4.3% 1,816

Authorized places of holding court:

Eugene, 2

Medford, Pendleton, Portland

 Terminations 11,447 10,054 -12.2% 2,011

 1Pending 10,645 9,669 -9.2% 1,934

1

2016 total pending cases revised.

2

Medford applies only to the district court.


 

Office of the Circuit Executive

Elizabeth A. Smith, Circuit Executive

P.O. Box 193939, San Francisco, CA 94119-3939

Ph: (415) 355-8900, Fax: (415) 355-8901

http://www.ca9.uscourts.gov