c1 Ninth Circuit United States Court The Judicial Council of the Ninth

Front row: Chief District Judge William B. Shubb, Circuit Judge Alex Kozinski, Chief Circuit Judge Mary M.

Schroeder, Circuit Judge Barry G. Silverman Back row: Senior District Judge Jack D. Shanstrom, Senior District

Judge Robert J. Bryan, District Judge Judith N. Keep, Chief Bankruptcy Judge Geraldine Mund, Chief District

Judge James K. Singleton, Magistrate Judge Elizabeth D. Laporte, Circuit Judge Sidney R. Thomas, Circuit Judge

A. Wallace Tashima Missing: Senior Circuit Judge Betty Binns Fletcher
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.

Mission Statement

United States Courts for the Ninth Circuit
Acknowledgements for their contributions to the 2001 Annual Report:

Chief Judge Mary M. Schroeder

Chief Pretrial Services Officer Tim McTighe

Chief Probation Officer David F. Sanders 

Bankruptcy Appellate Panel Clerk Nancy Dickerson

Federal Public Defender Fredric Kay

Staff Attorney Paul Keller
Annual Report 2001 1

Section 1

Foreword, Chief Judge Mary M. Schroeder

An Overview of the Ninth Circuit

The Ninth Circuit Judicial Council 

Ninth Circuit Representatives to the United States Judicial Conference

Fairness Committee Promotes Cultural Diversity

Pacific Islands Committee Aids Territories, Republics

Judicial Council Organizational Chart

Advisory Groups of the Judicial Council

Advisory and Standing Committees of the Ninth Circuit Judicial Council

Section 2

New Judges of the Ninth Circuit 2001

Deceased Judges

Space and Security Committee Responds to Potential Security Threats

Ninth Circuit Courthouse Construction Projects

Section 3

Summary of 2001 in the Ninth Circuit Court of Appeals

Senior Judges Provide Valuable Assistance to the Courts

Significant Ninth Circuit Court of Appeals Cases in 2001

Significant Ninth Circuit District Court Cases in 2001

Capital Habeas Corpus Cases in the Ninth Circuit

Courts Move Toward Paperless Case Filing System

Top Technology and Intellectual Property Law Cases

Pre-trial Services Have Nation’s Largest Caseload

Probation Officers See Caseloads Continue to Rise

Federal Public Defender Offices 

Bankruptcy Filings Up

Section 4

Appellate Caseload Continues to Rise

District Court Filings

Bankruptcy Appeals Decline

Magistrate Judges 

Court Interpreters

Juror Utilization

District by District Caseloads

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Table of Contents

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2 Ninth Circuit United States Courts

The Ninth Circuit marked its 135th

anniversary in 2001. There were a

record number of filings in the Court

of Appeals and continuing heavy

caseloads in the 15 federal courts 

of the Western United States and

Pacific Islands. The year also was

noteworthy for judicial appointments,

advances in court technology, progress

on courthouse construction, and new

initiatives in the areas of health and

well being and workplace diversity.

On a somber note, the entire Ninth

Circuit court family joined the nation

in mourning the lives lost in the terrorist attacks on New York and

Washington, D.C., and subsequent

acts of bio-terrorism. The events of

September 11, 2001 remain vivid in

all of our memories. How we respond

to this crisis will be critical not only

to our national security, but to our

future as a free and democratic society. I expect the federal courts to have

an important role in this process.

The Ninth Circuit continues to be

the busiest of the 13 federal circuits.

During 2001, our Court of Appeals

accounted for 17.7 percent of all new

appeals filed nationally. District courts

in the Ninth Circuit had 17.4 percent

of all new civil and criminal cases.

And Ninth Circuit bankruptcy courts

received 18.5 percent of all new bankruptcy litigation.

The Court of Appeals saw its new

case filings top 10,000 for the first

time. Appellate filings have gone up

in 21 of the last 22 years, rising nearly

50 percent since 1980. The Ninth

Circuit’s most populous district,

Central California, continues to generate the greatest number of appeals,

23.3 percent in 2001. For the year,

private civil appeals accounted for the

largest number of cases, 23.4 percent,

followed closely by private prisoner

appeals at 20.4 percent. Criminal

appeals ranked third at 19.5 percent.

The caseload was handled by the

Ninth Circuit’s active appellate

bench of 25 judges (with three

vacancies) augmented by 20 senior

circuit judges and, sitting by special

designation, both district judges

from within the circuit and circuit

judges from other circuits. All told,

357 appellate panels, including 23 

en banc panels, sat a total of 445

panel days during the year. Senior

circuit judges made a major contribution in this area, assisting with

more than 40 percent of all appeals.

In 2001, the Supreme Court reviewed

44 cases that had been decided by

the Ninth Circuit Court of Appeals

in 2001 or earlier. These cases constituted less than .5 percent of the Court

of Appeal’s workload for the year.The

Supreme Court issued written opinions in 19 cases, affirming five and

reversing 14.The Supreme Court’s

reversal rate for the 2000-01 term

(when most of Ninth Circuit cases

were reviewed) was 63 percent for

all circuits and 71 percent for the

Ninth Circuit.

In the district courts of the Ninth

Circuit, total criminal and civil case

filings remained relatively stable in

2001. While down .5 percent from

the prior year, the 59,531 cases filed

this past year represent an increase

of 19 percent since 1996. Among

criminal filings, immigration offenses

accounted for fully one-third of the

cases filed in 2001. Drug offenses

ranked second at 26.4 percent, followed by fraud at 11 percent. The

districts of Arizona and Southern

California, which include the U.S.-

Mexico border, reported the greatest

number of drug and immigration

offenses.

For bankruptcy courts in the Ninth

Circuit, 2001 marked a return to

double-digit increases in case filings.

For the year, bankruptcy filings rose

13.5 percent to 276,516 cases. The

increase was part of a nationwide

trend and reversed a downturn in

circuit filings the year before. Nonbusiness Chapter 7 and non-business

Chapter 13 filings account for 96.6

percent of the filings. However, our

bankruptcy courts dealt with several

high-profile business bankruptcies

during the year, including California’s 

largest public utility and an international construction company whose

case was heard in Nevada.

Once again, senior judges made a

major contribution to the work of the

district courts. In addition to assisting

with 423 trials over the course of the

Foreword 

Chief Judge Mary M. Schroeder
year, senior district judges dealt with

motions and other proceedings, took

on administrative assignments, chaired

or actively participated on a wide variety of judicial committees, and accepted

designations as visiting judges.

Over the years, judicial vacancies and

the absence of new judgeships has

caused the circuit to rely on visiting

judges to assist overloaded district

courts. These visiting jurists include

active district judges who can be

spared by other districts within the

circuit and who are bound by the

same circuit law. Their assistance is

greatly appreciated. Our district

courts also depend on magistrate

judges, whose contributions continue

to grow, particularly in the area of

Social Security appeals. The number

of civil cases terminated by magistrate

judges through consents increased by

12.5 percent last year.

On the judgeship front, 2001 brought

some good news to the Ninth Circuit.

Over the course of the year, the

President made two nominations to

the Court of Appeals and eight nominations to district courts within the

circuit. By year’s end, Congress had

confirmed four district judges, including two in the District of Montana,

which had had only one active judge,

and one each in the districts of

Arizona and Nevada. (The remaining

four judicial nominees, two in Arizona

and one each in Alaska and Nevada,

were approved in early 2002).

However, there was no relief for the

Southern District of California,

where caseloads had justified eight

new district court judgeships (five

permanent, three temporary), and six

judgeships remained vacant at year’s

end in the Central District of

California. (Legislation authorizing

new judgeships for the Southern

District of California was under 

consideration in Congress and the

two nominations were made to 

the Central District in early 2002.)

Vacancies also remained in the

Northern and Eastern Districts of

California, the District of Hawaii and

the Western District of Washington.

Also in 2001, the Court of Appeals

appointed two new bankruptcy

judges and reappointed 16 sitting

bankruptcy judges, more than onequarter of the circuit’s bankruptcy

bench. This was a major accomplishment for the court, which uses

a comprehensive merit selection

process to select bankruptcy judges,

who serve 14-year renewable terms.

Ninth Circuit courts remain at the

forefront of technological advances,

including electronic case filing, which

allows court documents to be filed

over the Internet. By the end of the

year, four bankruptcy courts and two

district courts in the Ninth Circuit

were offering electronic filing. Five

more of our courts will go online in

2002. Many of our courts also began

using an updated electronic case

management system that will save

time and reduce storage space needs.

The year 2001 saw the opening of a

new courthouse in Phoenix along

with the start of construction for a

new courthouse in Seattle. Also during the year, construction funding was

approved for a new courthouse 

in Fresno, a design was selected for a

new courthouse in Los Angeles, and

a building site was chosen for a new

courthouse in Eugene.

In addition to overseeing these important projects, the Ninth Circuit’s

Space and Security Committee, at 

the direction of the circuit’s Judicial

Council, also took charge of coordinating our response to the threat of

terrorist attacks on our employees

and facilities. By year’s end, the committee was making plans to conduct 

a security inventory of every courthouse and judicial court unit facility

in the Ninth Circuit.

The Ninth Circuit continues to lead

the way in promoting judicial well

being, and in encouraging diversity 

in the workplace and the courtroom.

Our Judicial Wellness Committee,

which last year made a counselor

available by telephone to judges, their

families and staff, has published two

pamphlets and is working on a conference in 2002. Our Fairness

Committee has reached out to court

managers to provide diversity training

and education, and encouraged judges

to give greater consideration to

minorities in their selection of clerks.

As you can see, the judges and courts

of the Ninth Circuit had much to

report in the year 2001. I hope you

will take time to browse this Annual

Report for more information about

these and other subjects.

Annual Report 2001 3
4 Ninth Circuit United States Courts

The United States Courts for the Ninth

Circuit consist of the Ninth Circuit

Court of Appeals, district and bankruptcy courts in the 15 federal judicial

districts that comprise the circuit, and

associated administrative units that provide various court services.

The Ninth Circuit includes 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. Established in 1891,

the Ninth Circuit began the development of the federal judicial system for

the western United States.Today, it is

the largest and busiest of the nation’s 13

federal circuits.

Judges serving on the circuit and district courts are known as Article III

judges, a reference to the article in

the United States Constitution establishing the federal judiciary. Article

III judges are nominated by the

President, confirmed by Congress and

serve for life. The Ninth Circuit

Court of Appeals has been authorized 28 judgeships, three of which

were vacant for all of the year 2001.

Senior judges, Article III judges who

have retired but retain part of their

workload, play a large role in the Ninth

Circuit Court of Appeals, as witnessed

in the court having 20 senior circuit

judges in 2000. At the end of the year,

the district courts had 91 active district judges, with 15 vacant judgeships. There were 55 senior district

judges. Two district judges took senior status in 2000. Senior district

judges play a vital role in helping the

courts keep up with their caseloads,

especially at a time when many districts

are suffering from judicial vacancies.

In addition to Article III judges, the

Ninth Circuit has a number of Article

I judges, who serve as magistrate judges

in the district courts or as bankruptcy

judges in the bankruptcy courts.

Bankruptcy judges are appointed by the

Court of Appeals for a term of 14

years, while magistrate judges are

appointed by the district courts and

hold their positions for eight years.

During 2001, there were 65 bankruptcy

judges, including eight retired bankruptcy judges who rendered assistance,

81 full-time magistrate judges, 18 parttime magistrate judges, and five retired

magistrate judges.

Overall, the Ninth Circuit courts

experienced increased caseloads during the 2001 calendar year. Statistics

in this report cover calendar year

2001, from January 1 to December

31, unless otherwise noted. Fiscal year

2001 statistics are from October 1,

2000 through September 30, 2001.

An Overview of the Ninth Circuit
The Judicial Council of the Ninth

Circuit is the governing body of the

United States Courts for the Ninth

Circuit.The Judicial Council 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)]. Its 14 members are looked

upon as a “judicial board of directors”

that provides guidance and leadership.

The Judicial Council meets quarterly

to review and determine policy and

administrative issues facing the courts,

occasionally arranging additional meetings to address specific concerns.

The Judicial Council initiates needed

policies and programs, coordinates

council initiatives, reviews complaints

of judicial misconduct, and approves

budgets for capital habeas corpus

cases. The Council performs the

responsibilities delegated by the

Judicial Conference of the United

States, such as administering policies and procedures for senior judge

staffing and pay. Similar to its national

counterpart, the Judicial Conference of

the United States, the Judicial Council

for the Ninth Circuit operates through

the work of its committees.The Office

of the Circuit Executive (OCE)

provides staff support to the Judicial

Council and supports its administrative responsibilities.

By statute, the circuit executive is the

administrative assistant to the chief

judge of the circuit and secretary to

the Judicial Council, and is responsible for non-adjudicative functions of

the Court of Appeals. In the Ninth

Circuit, the Judicial Council has delegated responsibility for non-adjudicative functions of the Court 

of Appeals to the clerk of court. In

support of the chief judge and the

Judicial Council, the circuit executive

and his staff assist in identifying circuit

needs, conducting studies, proactively

developing and implementing policies, providing training, public information, and human resources support,

coordinating building and automation

projects, and advising the council on

procedural and ethical matters.The

OCE provides management and

technical assistance to the Court of

Appeals, district and bankruptcy

courts, supports meetings of the conferences of chief district and chief

bankruptcy judges and executive

board of magistrate judges, and

organizes and facilitates the annual

Ninth Circuit Judicial Conference.

Responsibility for the management of

the circuit’s caseload rests with the

Court of Appeals and each of the district and bankruptcy courts. Under the

direction of the individual courts’ chief

judge and clerk of court, the clerks’

offices provide direct administrative

support to their respective courts by

processing new cases and appeals,

handling docketing functions,

responding to procedural questions

from the public and bar, and facilitating adequate judicial staff resources.

The clerk of court for the Court of

Appeals oversees daily operations for

the appellate court and supervises the

work of the Circuit Mediation Office

and the Office of the Staff Attorneys,

which includes the research, motions,

case management and pro se units.The

Office of the Appellate Commissioner,

also located in the Ninth Circuit Court

of Appeals Clerk’s Office, reviews

Criminal Justice Act vouchers for cases

that come before the Court of Appeals.

Although placed administratively

with the Court of Appeals, the Ninth

Circuit Library provides services to all

of the courts under the direction of a

circuit-wide committee representative

of all users.The main library is maintained in San Francisco with at least

one branch library in each judicial

district. These libraries carry out

numerous research projects and

respond to information inquiries by

judges, chambers, and court staff.

Other judicial court units of the

Ninth Circuit include the Probation

and Pretrial Services offices, which

provide supervision and direct services

to defendants in the federal courts,

and the Federal Public Defenders

offices, which provide representation

to indigent defendants who are

unable to afford private counsel.

Annual Report 2001 5

The Ninth Circuit Judicial Council 

The Judicial Council meets during the Ninth Circuit Judicial Conference. Left to right: Chief

District Judge William Shubb, Eastern District of California; Circuit Judge William Fletcher (sitting in for Circuit Judge Silverman), Senior Circuit Judge Betty Fletcher, District Judge Michael

Hogan (Oregon). 
6 Ninth Circuit United States Courts

Committee on the Administrative Office

District Judge Lourdes G. Baird, 

Central District of California, Chair

Committee on the Administration 

of the Bankruptcy System

Chief District Judge David A. Ezra, 

District of Hawaii

Bankruptcy Judge Dennis Montali, 

Northern District of California

Committee on the Budget

District Judge Robert C. Broomfield, 

District of Arizona

Committee on Codes of Conduct

Circuit Judge M. Margaret McKeown

Bankruptcy Judge Peter W. Bowie, 

Southern District of California

Committee on Court Administration 

and Case Management

District Judge Terry J. Hatter, Jr., 

Central District of California

Committee on Criminal Law

District Judge Wm. Fremming Nielsen, 

Eastern District of Washington

Committee on Defender Services

District Judge Judith N. Keep, 

Southern District of California

Committee on Federal-State Jurisdiction

Circuit Judge Thomas G. Nelson

Committee on Financial Disclosure

District Judge Helen W. Gillmor, 

District of Hawaii

District Judge John W. Sedwick, 

District of Alaska

Committee on Information Technology

District Judge Roger G. Strand, 

District of Arizona

Committee on International Judicial

Relations

Circuit Judge J. Clifford Wallace

District Judge Ronald S.W. Lew, 

Central District of California

Committee on the Judicial Branch

District Judge Frank C. Damrell, Jr.

Eastern District of California

District Judge Claudia A. Wilken, 

Northern District of California

Ninth Circuit Representatives to the 

United States Judicial Conference 
Annual Report 2001 7

Committee on Judicial Resources

Chief District Judge Marilyn L. Huff, 

Southern District of California

Committee on the Administration of 

the Magistrate Judges System

District Judge Irma E. Gonzalez, 

Southern District of California

Magistrate Judge Larry M. Boyle, 

District of Idaho

Committee to Review Circuit Council

Conduct

and Disability Orders

Senior District Judge Carolyn R. Dimmick, 

Western District of Washington

Committee on Rules of Practice and

Procedure

Circuit Judge A. Wallace Tashima

Committee on Security and Facilities

Chief District Judge Stephen M. McNamee, 

District of Arizona

Bankruptcy Judge George B. Nielsen, Jr., 

District of Arizona

Advisory Committee on Bankruptcy Rules

District Judge Thomas S. Zilly, 

Western District of Washington

Bankruptcy Judge Christopher M. Klein, 

Eastern District of California

Advisory Committee on Civil Rules

District Judge David F. Levi, 

Eastern District of California, Chair

Advisory Committee on Criminal Rules

District Judge John M. Roll, 

District of Arizona

Advisory Committee on Evidence Rules

Federal Public Defender Thomas W. Hillier II, 

Western District of Washington
8 Ninth Circuit United States Courts

More than a dozen advisory and standing committees

report to the Judicial Council of the Ninth Circuit on matters

related to the administration of justice. The committees

are comprised of judges, clerks, lawyers and court unit

executives from throughout the circuit. Some committees

help ensure compliance with national judicial policies.

Some are responsible for appointments of bankruptcy

judges or federal defenders. Others oversee infrastructure

and technology. All make a contribution to the efficient

operation of the Ninth Circuit. The following pages highlight

the work of several committees.

The Conference of Chief Bankruptcy Judges holds its biannual meeting. Left to right: Chief District

Judge John Unpingco, Guam; Bankruptcy Judge John Ryan, Central District of California; Chief

Bankruptcy Judge John Hargrove, Southern District of California. 
The Ninth Circuit’s Standing

Committee on Gender, Race,

Religious and Ethnic Fairness is

responsible for promoting fairness 

and diversity in all areas of the federal

court system. Established in 1994 by

the Judicial Council of the Ninth

Circuit, the committee originally studied gender fairness. Its role expanded

following the completion of a 1997

task force study on race, religious and

ethnic fairness, which recommended

continuing dialogue on these issues.

In 2001, the committee, chaired by

Central District of California Chief

District Judge Consuelo Marshall,

continued its work to encourage 

communications on fairness issues 

and to monitor the Employee Dispute

Resolution (EDR) program. The

Judicial Council of the Ninth Circuit

adopted the EDR plan in 1997 for

courts within the Ninth Circuit. The

plan provisions supplemented the

non-discrimination features of the

Equal Employment Opportunity

(EEO) plans by including additional

protections found in certain employment laws passed by Congress. The

EDR plan also replaced the complaint procedures of the existing

EEO plans.

In October 2001, to promote an

understanding and appreciation of the

pluralism of the regions encompassed

by the Ninth Circuit, the Fairness

Committee held the first-ever

Diversity Conference in San Diego.

Attending were 120 court unit managers and human resources staff from

14 of the circuit’s 15 judicial districts.

Chief Circuit Judge Mary M.

Schroeder, Circuit Judge Margaret

McKeown, and Chief District Judge

Stephen McNamee of the District of

Arizona, addressed court staff concerning the importance of a diverse

workforce and how the courts can

continue to promote cross-cultural

understanding in the workplace.

Attendees heard mostly positive news

from panelists speaking at the conference. For example, the racial and ethnic distribution of court employees is

generally consistent with the resident

labor force, except for Native

Americans. And, the Administrative

Office of the United States Courts

Fair Employment Practices (FEPS)

Annual report for fiscal year 2000

showed the judiciary doing well overall

in employing females and minorities.

At the Circuit’s annual Judicial

Conference, held in July of 2001, the

Fairness Committee took the opportunity to distribute information

concerning efforts by numerous

organizations nationwide to address

diversity in legal clerkships. Judges in

the Ninth Circuit also are able to

participate in programs sponsored by

the American Bar Association and the

National Bar Association, which offer

minority and disadvantaged law students

opportunities to gain experience as judicial externs.Students participating in the

programs enhance their potential to

become successful law clerks.

Finally, the Fairness Committee

reviews reports on Fair Employment

Practices Systems (FEPS). FEPS

reports are submitted regularly by

each district in the circuit and analyze the gender, racial, and ethnic

makeup of court personnel and help

the courts to ensure that they are

achieving a diverse workforce in all

occupational categories.

Annual Report 2001 9

Fairness Committee Promotes Cultural Diversity

At the first Diversity Conference, Assistant Circuit Executive Holly Velando introduces panelists, from left, Chief Judge Mary M. Schroeder, Bankruptcy Court Clerk Mark Hatcher,

Deputy General Counsel Robert Loesche and mediator Chuck Loughran.
10 Ninth Circuit United States Courts

The Ninth Circuit Pacific Islands

Committee is responsible for monitoring developments and making

suggestions to both the Ninth Circuit

Judicial Council and the Judicial

Conference of the United States

for improvement in the administration of justice in the U.S. territories of

Guam and American Samoa, the

Commonwealth of the Northern

Mariana Islands, the republics of Palau

and the Marshall Islands, and the

Federated States of Micronesia.

The Territory of Guam

By law, the Ninth Circuit Court of

Appeals has jurisdiction to review by

writ of certiorari all final decisions of

the highest court of Guam.Title 48,

United States Code Section 1424-2

requires the Circuit to submit periodic

reports to Congress concerning

whether the Guam Supreme Court “has

developed sufficient institutional traditions to justify direct review by the

Supreme Court of the United States.”

As part of this requirement, in 2001,

the Pacific Islands Committee conducted a comprehensive visit and

evaluation of the Guam Supreme

Court. The committee concluded

that the high court of Guam had

developed sufficient institutional

traditions to justify direct review of

final decisions by the United States

Supreme Court and that the quality

of opinions was comparable to opinions of the supreme courts of the

states in the Ninth Circuit, which

can be appealed directly to the

United States Supreme Court.

In subsequent reports to Congress,

the Pacific Islands Committee recommended that all final decisions of the

highest court of Guam be allowed to

proceed directly to the United States

Supreme Court for writ of certiorari

instead of having to proceed through

a review by the Ninth Circuit Court

of Appeals first, as has been required

to date. As of early 2002, the reports

were under review by the Senate

Committee on Energy and Natural

Resources and the House Committee

on Resources.

Training for Judges of Pacific

Island Courts

In 2001, the Pacific Islands Committee

undertook an educational needs

assessment of the courts of the Pacific

Islands.The assessment, conducted

by the National Judicial College,

included a five-year plan for training

judges and judicial employees of the

Pacific Islands.The committee successfully obtained authorization for

$100,000 from the United States

Department of the Interior for 

an initial phase of training for judges.

Educational sessions for judges who

worked as attorneys prior to taking the

bench will be held at the National

Judicial College in Reno in July 2002.

The judges were to study topics

such as the rule of law, judicial independence, judicial ethics, handling

pre-trial and trial matters, managing

court personnel, trial management

techniques, and opinion writing.

More extensive training was planned

for judges who had not previously

worked as attorneys. These sessions

will be held in Micronesia and

include an overview of the rule of

law and judicial independence, the

judicial decision making process, and

a study of the elements of contracts,

torts, and evidence.

The Supreme Court of Palau

By request of the Chief Justice of the

Supreme Court of Palau, the Pacific

Islands Committee visited the Republic

of Palau in October of 2001 and conducted an evaluation of the court’s

operations.The committee’s report was

scheduled to be released in 2002.

Library Support for Pacific

Islands Courthouses

Recognizing the continuing need for

additional legal reference materials in

the courts of the Pacific Islands, the

Committee worked with the Ninth

Circuit Library Committee and the

Attorney Admission Fund for shipments of excess library books to the

islands. The committee also recommended the purchase of additional

books and subscriptions for the

court library of the District of the

Northern Mariana Islands.

District Courts of Guam and

the Northern Mariana Islands

In response to a growing caseload in the

District of Guam, the Pacific Islands

Committee recommended a full-time

magistrate judge position be established.

The Judicial Council of the Ninth

Circuit voted to support the recommendation and it was subsequently approved

by the Judicial Conference of the

United States.

Pacific Islands Committee Aids Territories, Republics
Annual Report 2001 11

Judicial Council Organizational Chart

Chief Judge 

Mary M. Schroeder

Executive Committee Office of the Circuit Executive

Ninth Circuit

Judicial Conference

Executive

Committee

Budget & Finance

Program

Resolutions

Activities

Advisory Board

Lawyer Rep 

Coordinating

Committee

Judicial Officer

Organizations

Conference of Chief

District Judges

Conference of Chief

Bankruptcy Judges

• Education

Committee

Magistrate Judges

Executive Board

• Education

Committee

Liaison

Committees

District Clerks

Bankruptcy 

Clerks

Chief Probation 

Officers

Pretrial Services

Officers

Advisory & Standing

Committees

Alternative Dispute 

Resolution

Article III Judges 

Education 

Automation

Capital Case

Court-Council 

Committee 

on Bankruptcy Judge

Appointments

Fairness Committee

Federal Public

Defenders

Judicial Wellness

Jury Committee

Library Committee

Pacific Islands

Public Information

& Community

Outreach Committee

Space & Security

Task Forces

CJA Oversight
12 Ninth Circuit United States Courts

Advisory Groups of the Judicial Council

For the past 20 years, in governing the

federal courts of the western United

States, the Judicial Council of the

Ninth Circuit has relied on three

associations of judicial officers: the

Conference of Chief District Judges,

the Conference of Chief Bankruptcy

Judges and the Magistrate Judges

Executive Board.These associations

provide vital input to the Judicial

Council on policy matters and serve as

a conduit of information back to the

judges of the circuit.

Conference of Chief District

Judges

The Conference of Chief District Judges

provides input to the Judicial Council

regarding the administration of justice 

in each of the circuit’s 15 district courts.

The Conference, which is comprised of

the chief district judge of each district,

meets twice a year. The Conference

traditionally invites the circuit’s Lawyer

Representatives Coordinating

Committee (LRCC) to one meeting 

and the District Clerks to the other.

In 2001, Chief District Judge Michael

Hogan of the District of Oregon

chaired the conference. His one-year

term ended as chair in October 2001.

Chief District Judge James Singleton 

of the District of Alaska became the

new chair and will serve through

October 2002.The chairperson automatically assumes a seat on the Ninth

Circuit Judicial Council.

As a matter of policy, the Judicial

Council consults with the Conference

of Chief District Judges before taking 

a position on any major issues concerning the district courts of the Circuit.

The chief district judges communicate

Judicial Council policy decisions back

to the judges of their courts.

In 2001, the Conference of Chief

District Judges addressed such issues 

as the role of magistrate judges in case

management; the administration of

Probation and Pretrial Services; and

median time intervals for processing

cases. It also reviewed alternative dispute

resolution programs, the implementation

of electronic case filing, and technology

upgrades in the Circuit’s courtrooms.

Conference of Chief Bankruptcy

Judges

The Conference of Chief Bankruptcy

Judges advises the Judicial Council on

the administration of the bankruptcy

courts within the circuit. It consists of

the chief bankruptcy judges of each district and the presiding judge of the

Bankruptcy Appellate Panel (BAP).

The Conference also provides informational and educational resources to

bankruptcy judges and serves as a forum

for the exchange of ideas in relation to

the bankruptcy courts. Chief Bankruptcy

Judge Donald MacDonald of Alaska

chaired the committee until October

2001, when Chief Bankruptcy Judge

Geraldine Mund of the Central District

of California assumed the position.

The conference also meets twice a year,

once in conjunction with the Circuit’s

bankruptcy clerks and the clerk of the

Bankruptcy Appellate Panel. At its

meetings, the judges receive updates

from the chief judge of the circuit,

from a representative of the Conference

of Chief District Judges, and from a

representative of the Bankruptcy

Division of the Administrative Office

of the U. S. Courts.

In 2001, the Conference of Chief

Bankruptcy Judges addressed electronic

case filing implementation, staffing

levels in the bankruptcy courts, management of pro se cases, the law clerk

staffing formula for the Bankruptcy

Appellate Panel, and bankruptcy judge

reappointment procedures.They also

reviewed Chapter 11 and Chapter 13

case management practices and procedures, the proposed Bankruptcy

Reform Act under consideration by

Congress, and steps for enhancing

communications between attorneys and

bankruptcy judges.

Magistrate Judges Executive

Board

The Magistrate Judges Executive

Board provides a channel of communication between the Judicial Council

and the Circuit’s many magistrate

judges. As part of its duties, the Board

conducts an annual orientation for new

magistrate judges and sponsors courses

on effective use of the Circuit’s Intranet

Web sites and e-mail system.

In 2001, the Magistrate Judges

Executive Board addressed such issues

as the magistrate judge reappointment

process; the effective use of magistrate

judges for district court case management; and the impact on magistrate

judges’ caseloads as a result of an

upsurge in Social Security filings.

The chairperson of the Executive

Board serves as an observer member 

of the Judicial Council. Judge Elizabeth

Laporte of the Northern District of

California began a two-year term as

chairperson of the Executive Board in

October 2000.

Chief District Judge John Coughenour,

Western District of Washington, and Bruce

Rifkin, clerk, Western District of Washington,

at a Chief District Judges meeting.
Annual Report 2001 13

Committee on Alternative Dispute 

Resolution Programs

Senior Circuit Judge Dorothy W. Nelson, Chair

Circuit Judge Raymond C. Fisher

District Judge Michael R. Hogan, 

District of Oregon

Bankruptcy Judge Louise DeCarl Adler, 

Southern District of California

Bankruptcy Judge Barry Russell, 

Central District of California

Magistrate Judge Wayne D. Brazil, 

Northern District of California

Magistrate Judge Valerie Cooke, 

District of Nevada

Chief Circuit Mediator David Lombardi

ADR Coordinator Le Parker Kelleher, 

District of Idaho 

Philip E. Cutler, Esq.

Bruce E Meyerson, Esq.

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Robin Donoghue, Esq.

Article III Judges Education Committee

District Judge Roslyn Silver, 

District of Arizona, Chair

Chief Circuit Judge Mary M. Schroeder

Senior Circuit Judge Betty Binns Fletcher

Circuit Judge Richard A. Paez

Chief District Judge B. Lynn Winmill, 

District of Idaho

District Judge Franklin D. Burgess, 

Western District of Washington

District Judge Roger L. Hunt, 

District of Nevada

District Judge Napoleon A. Jones, 

Southern District of California

District Judge Robert H. Whaley, 

Eastern District of Washington

Director Fern M. Smith

Federal Judicial Center 

Director Judicial Education Division, 

John S. Cooke, Federal Judicial Center

Education Coordinator Richard L. Dargan, 

Federal Judicial Center 

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Renée S. Lorda

Automation Committee

District Judge James Ware, 

Northern District of California, Chair 

Circuit Judge Sidney R. Thomas

Chief District Judge James K. Singleton, 

District of Alaska

District Judge Nora Manella, 

Central District of California

District Judge Roger G. Strand, 

District of Arizona

Bankruptcy Judge Dennis Montali, 

Northern District of California

Bankruptcy Judge Karen A. Overstreet, 

Western District of Washington

Magistrate Judge Leo S. Papas, 

Southern District of California

District Court Clerk James R. Larsen, 

Eastern District of Washington

Bankruptcy Court Clerk Terence H. Dunn, 

District of Oregon

Chief Probation Officer David F. Sanders, 

District of Nevada

Daniel J. McAuliffe, Esq.

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Tom Rainey 

Advisory and Standing Committees of 

the Ninth Circuit Judicial Council 
14 Ninth Circuit United States Courts

Advisory and Standing Committees of the Ninth Circuit Judicial Council

Capital Case Committee

Chief District Judge Stephen M. McNamee, 

District of Arizona, Chair

Senior Circuit Judge Edward Leavy

District Judge Audrey B. Collins, 

Central District of California

District Judge Philip M. Pro, 

District of Nevada

Magistrate Judge John L. Weinberg, 

Western District of Washington

District Court Clerk Sherri Carter, 

Central District of California

Federal Public Defender Maria Stratton, Esq., 

Central District of California 

Death Penalty Clerk Margaret Epler, Esq., 

Court of Appeals 

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Robin Donoghue, Esq.

Criminal Justice Act (CJA) Oversight

Committee

Chief District Judge Stephen M. McNamee, 

District of Arizona, Co-Chair

District Judge Barry Ted Moskowitz, 

Southern District of California, Co-Chair

CJA Supervising Attorney Joan T. Anyon, 

Northern District of California

Peter Eckerstrom, Esq.

Cathy Fujino, Administrative Office of the U.S. Courts

Federal Public Defender Maria Stratton, Esq., 

Central District of California 

Death Penalty Clerk Carla Ortega, 

Central District of California

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Robert Rucker

Court-Council Committee on Bankruptcy

Judge Appointments

Circuit Judge Alex Kozinski, Chair

Circuit Judge Michael Daly Hawkins

Circuit Judge Richard A. Paez

Chief District Judge David A. Ezra, 

District of Hawaii

Chief Bankruptcy Judge Patricia Williams, 

Eastern District of Washington

Circuit Executive Gregory B. Walters

Assistant Circuit Executive, Holly Velando

Fairness Committee

Chief District Judge Consuelo B. Marshall, 

Central District of California, Chair

Circuit Judge M. Margaret McKeown

District Judge Raner C. Collins, 

District of Arizona

District Judge Barbara J. Rothstein, 

Western District of Washington

Bankruptcy Judge Ellen Carroll, 

Central District of California

Magistrate Judge Sandra M. Snyder, 

Eastern District of California

Bankruptcy Court Clerk Mark L. Hatcher, 

Western District of Washington 

Chief Pretrial Services Officer Carol M. Miyashiro, 

District of Hawaii

Linda D. Walton, Esq.

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Holly Velando
Annual Report 2001 15

Standing Committee on Federal Public

Defenders

Circuit Judge A. Wallace Tashima, Chair

Circuit Judge Harry Pregerson

Circuit Judge Barry G. Silverman 

District Judge Judith N. Keep, 

Southern District of California 

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Holly Velando

Judicial Wellness Committee

Circuit Judge Susan P. Graber, Chair

Senior Circuit Judge Arthur L. Alárcon

Senior District Judge James M. Fitzgerald, 

District of Alaska

District Judge Philip M. Pro, 

District of Nevada

District Judge Christina A. Snyder, 

Central District of California

Chief Bankruptcy Judge Jim D. Pappas, 

District of Idaho

Magistrate Judge J. Kelly Arnold, 

Western District of Washington

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Robin Donoghue

Research Attorney Jay C. Kim, 

Office of the Circuit Executive

Jury Instructions Committee

District Judge Thomas S. Zilly, 

Western District of Washington, Chair

Senior District Judge Lawrence K. Karlton, 

Eastern District of California

District Judge Susan R. Bolton, 

District of Arizona

District Judge Irma E. Gonzalez, 

Southern District of California

District Judge Roger L. Hunt, 

District of Nevada

District Judge George H. King, 

Central District of California

Magistrate Judge John Jelderks, 

District of Oregon

Joseph Franaszek, Esq.

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Robin Donoghue, Esq.

Research Attorney Jay C. Kim, 

Office of the Circuit Executive

Pacific Islands Committee

Circuit Judge J. Clifford Wallace, Chair

Circuit Judge Alfred T. Goodwin

Circuit Judge Thomas G. Nelson

Circuit Judge A. Wallace Tashima

Chief District Judge Alex R. Munson, 

District of Northern Mariana Islands

Chief District Judge John S. Unpingco, 

District of Guam

District Judge Susan Oki Mollway, 

District of Hawaii

District Judge Dean Pregerson, 

Central District of California

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Robin Donoghue,Esq.
16 Ninth Circuit United States Courts

Public Information and Community 

Outreach Committee

District Judge Alicemarie H. Stotler, 

Central District of California, Chair

Senior Circuit Judge Procter Hug, Jr.

District Judge Saundra Brown Armstrong, 

Northern District of California

District Judge Robert S. Lasnik, 

Western District of Washington 

Chief Bankruptcy Judge Ralph B. Kirscher, 

District of Montana

Magistrate Judge Lawrence O. Anderson, 

District of Arizona

District Court Clerk Michael D. Hall, 

District of Alaska

Bankruptcy Court Clerk, Mark Van Allsburg, 

District of Hawaii

Theodore O. Creason, Esq.

James M. Finberg, Esq.

Shirley J. Wahl, Esq.

Athia Hardt, Media Consultant 

Circuit Executive Gregory B. Walters

Assistant Circuit Executive David J. Madden

Public Information Specialist Gayle Grimes

Space and Security Committee

Senior Circuit Judge Melvin Brunetti, Chair

Senior District Judge Wm. Matthew Byrne, Jr., 

Central District of California

Chief District Judge Stephen M. McNamee, 

District of Arizona

District Judge Jeremy Fogel, 

Northern District of California

District Judge Margaret M. Morrow, 

Central District of California

District Judge Edward F. Shea, 

Eastern District of Washington

Bankruptcy Judge Charles G. Case II, 

District of Arizona

Bankruptcy Judge George B. Nielsen, Jr., 

District of Arizona 

District Court Clerk Cameron S. Burke, 

District of Idaho

District Court Clerk Lance Wilson, 

District of Nevada

Circuit Executive Gregory B. Walters

Assistant Circuit Executive Judy Maretta

Advisory and Standing Committees of the Ninth Circuit Judicial Council
2

Annual Report 2001 17

New Ninth Circuit Judges

Deceased Judges

Space and Security Committee Responds to 

Increased Security Threats

Ninth Circuit Courthouse Construction Projects
18 Ninth Circuit United States Courts

District Judges

Judge Richard F. Cebull, of the District of Montana, was appointed a district judge on August 31,

2001. Prior to his appointment, he served as a United States magistrate judge from 1998 to 2001.

Before taking the bench, Judge Cebull engaged in private practice as a partner at Brown, Gerbase,

Cebull, Fulton, Harman & Ross in Billings, Montana, 1972 to 1998. From 1969 to 1972, he was a

a partner at Longan, Holmstrom & Cebull, also in Billings. Judge Cebull received his bachelor of

arts from Montana State University in 1966 and a juris doctorate from the University of Montana

Law School in 1969. He maintains his chambers in Billings.

Judge Sam E. Haddon, of the District of Montana, was appointed a district judge on August 31,

2001. Prior to his appointment to the bench, Judge Haddon engaged in private practice as a partner at Boone, Karlberg & Haddon, in Missoula, 1969 to 2001; and as an associate at Anderson,

Symmes, Forbes, Peete & Brown, in Billings, 1966 to 1969. Judge Haddon received his bachelor 

of arts from Rice University in 1959 and his juris doctorate from the University of Montana Law

School in 1965. Following law school, he clerked for United States District Judge William

Jameson, 1965 to 1966. He maintains his chambers in Great Falls.

Judge Larry R. Hicks, of the District of Nevada, was appointed a district judge on November 29,

2001. Prior to his appointment to the bench, Judge Hicks was a partner at McDonald, Carano,

Wilson, McCune, Bergin, Frankovich & Hicks, 1979 to 2001. Judge Hicks received his bachelor of

science from the University of Nevada in 1965 and his juris doctorate from the University of

Colorado Law School in 1968. Following law school, he served as a deputy district attorney for the

Washoe County District Attorney’s Office, Criminal Division, 1968 to 1971; as chief deputy district attorney, 1971 to 1974; and as district attorney, 1975 to 1979. He maintains his chambers

in Las Vegas.

Bankruptcy Judges

Judge Sheri Bluebond, of the Central District of California, was appointed a bankruptcy judge on

February 1, 2001. Prior to her appointment to the bench, Judge Bluebond engaged in private practice as a partner at Irell & Manella in Los Angeles, 1995 to 2001, and as a partner at Murphy,

Weir & Butler, 1991 to 1995. She also was an associate at Gendel, Raskoff, Shapiro & Quittner,

1985 to 1991. Judge Bluebond received her bachelor of arts from the University of California at

Los Angeles in 1982 and her juris doctorate from the University of California at Los Angeles

School of Law in 1985. She maintains her chambers in Los Angeles.

Judge W. Richard Lee, of the Eastern District of California, was appointed a bankruptcy judge on

January 17, 2001. Prior to his appointment to the bench, Judge Lee engaged in private practice as a

shareholder at Kimble MacMichael & Upton in Fresno. Judge Lee received his bachelor of arts

from the University of Southern California in 1973 and his juris doctorate from San Joaquin

College of Law at Fresno in 1985. He maintains his chambers in Fresno.

New Judges of the Ninth Circuit 2001
Annual Report 2001 19

Magistrate Judges

Judge Edward M. Chen, of the Northern District of California, was appointed a magistrate

judge on April 23, 2001. Prior to his appointment, he served on the legal staff of the American

Civil Liberties Union, 1985 to 2001. Judge Chen received his bachelor of arts from the

University of California at Berkeley in 1975 and his juris doctorate from the University of

California Boalt Hall School of Law in 1979. Following law school, he clerked for United

States District Judge Charles Renfrew, of the Northern District of California, 1979 to 1980;

and for United States Court of Appeals Chief Judge James Browning, 1981 to 1982. He

engaged in private practice as a litigation associate at Coblentz, Cahen, McCabe & Breyer 

in San Francisco, 1982 to 1985. Judge Chen maintains his chambers in San Francisco.

Judge David K. Duncan, of the District of Arizona, was appointed a magistrate judge on June 14,

2001. Prior to his appointment, Judge Duncan served as an assistant United States attorney for the

District of Arizona, 1997 to 2001, and as a certified arbitrator for the District of Arizona, 1998 to

2001. Judge Duncan received his bachelor of arts from the University of Arizona in 1984 and his

juris doctorate from the University of Arizona College of Law in 1987. Following law school, he

clerked for United States Senior District Judge William D. Browning of the District of Arizona,

1987 to 1989. Judge Duncan engaged in private practice as an associate at Meyer, Hendricks,

Victor, Osborn & Maledon in Phoenix, 1989 to 1994; and as a partner from 1994 to 1995.

He was a founding partner of Osborn Maledon, 1995 to 1997. Judge Duncan maintains his chambers in Phoenix.

Judge Marc L. Goldman, of the Central District of California, was appointed a magistrate judge on

July 3, 2001. Prior to his appointment, Judge Goldman served as a United States magistrate judge

for the Eastern District of Michigan, 1983 to 2001.Judge Goldman received his bachelor of arts

from the University of Michigan in 1969 and his juris doctorate from Wayne State University

School of Law in 1973. Following law school, he served as a deputy public defender with the

Michigan State Appellate Defender Office and the Washtenaw County Public Defender Office in

Ann Arbor, Michigan, 1973 to 1976. Judge Goldman was an assistant professor of clinical law at

Wayne State University and the University of Michigan law schools, 1976 to 1980. He then served

as an assistant United States attorney for the Eastern District of Michigan, 1980 to 1983. Judge

Goldman also served as an adjunct professor of law at Wayne State University, 1987 to 2001. Judge

Goldman maintains his chambers in Santa Ana.

Judge Victor B. Kenton, of the Central District of California, was appointed a magistrate judge 

on July 2, 2001. Prior to his appointment, Judge Kenton served as a federal public defender in Los

Angeles, 1996 to 2001. He received his bachelor of arts from the University of Connecticut in

1969 and his juris doctorate from the University of California at Los Angeles School of Law in

1974. Following law school, Judge Kenton worked at the law firm of Arthur J. Crowley, P.C., 1974

to 1978; as a federal public defender, Los Angeles, 1978 to 1982; and in private practice at Victor

B. Kenton law office, 1982 to 1996. He maintains his chambers in Los Angeles.
20 Ninth Circuit United States Courts

Judge Jennifer T. Lum, of the Central District of California, was appointed a magistrate judge on

July 2, 2001. Prior to her appointment, Judge Lum was an associate at Sheppard, Mullin, Richter

& Hampton. She received her bachelor of arts from the University of Southern California in 1982

and her juris doctorate from Cornell Law School in 1985. Judge Lum clerked for United States

District Judge Dickran Tevrizian of the Central District of California. She maintains her chambers

in Los Angeles.

Judge Jacqueline J. Marshall, of the District of Arizona, was appointed a magistrate judge on July

11, 2001. Prior to her appointment, Judge Marshall clerked for United States District Judge

Alfredo C. Marquez of the District of Arizona, 1997 to 2001. Previously, she engaged in private

practice at Ralls, Fox & Jones in Tucson, 1990 to 1997; and as an attorney at the Office of the

Federal Public Defender, 1986 to 1990. Judge Marshall received her bachelor of science from

Arizona State University in 1982 and her juris doctorate from the University of Arizona College

of Law in 1986. She maintains her chambers in Tucson.

Judge Fernando Olguin, of the Central District of California, was appointed a magistrate judge

on July 23, 2001. Prior to taking the bench, Judge Olguin served as a partner in the Pasadenabased law firm of Traber, Voorhees & Olguin, 1995 to 2001. Previously, he held the position of

national director of the Education Program for the Mexican-American Legal Defense and

Educational Fund, 1994 to 1995. Judge Olguin received his undergraduate degree from Harvard

University in 1985 and a juris doctorate and a masters of arts degree from the University of

California at Berkeley in 1989. Following law school, Judge Olguin clerked for Senior District

Judge Carl A. Muecke, of the District of Arizona, 1989 to 1991. He served as a trial attorney for

the United States Department of Justice’s Civil Rights Division from 1991 to 1994. Judge Olguin

maintains his chambers in Los Angeles.

Judge Charles R. Pyle, of the District of Arizona, was appointed a magistrate judge on June 28,

2001. Prior to his appointment to the bench, Judge Pyle supervised the Tucson office of the

Liability Management Section of the Arizona Attorney General’s Office, 1989 to 2001. Previously,

he served in the Civil Division of the Pima County Attorney’s Office, 1987 to 1989; and as a staff

attorney with Southern Arizona Legal Aid, 1977 to 1987. Judge Pyle received his bachelor of arts

degree from Stanford University in 1970 and his juris doctorate from the University of Arizona

College of Law in 1973. Judge Pyle maintains his chambers in Tucson.

Judge Richard G. Seeborg, of the Northern District of California, was appointed a magistrate

judge on February 9, 2001. Prior to his appointment to the bench, he served as an assistant United

States attorney in San Jose from 1991 to 1998. Judge Seeborg engaged in private practice with

Morrison & Foerster in 1982, becoming a partner in 1987. He clerked for United States District

Judge John H. Pratt from the District of Columbia from 1981 to 1982. Judge Seeborg received his

bachelor of arts from Yale College in 1978 and his juris doctorate from Columbia University

School of Law in 1981. He maintains his chambers in San Jose.

New Judges of the Ninth Circuit 2001 (continued)
Annual Report 2001 21

Judge Patrick J. Walsh, of the Central District of California, was appointed a magistrate judge on

July 18, 2001. Prior to his appointment, Judge Walsh served as an assistant attorney in the Los

Angeles United States Attorney’s Office, Criminal Division, 1996 to 2001; and, previously, in the

Civil Division, 1992 to 1996. He served as a trial attorney for the United States Department of

Justice from 1989 to 1992. Judge Walsh received his bachelor of arts degree from Northern Illinois

University in 1981 and his joint juris doctorate/master of business administration degree from John

Marshall Law School in Chicago in 1985. Following law school, he clerked for District Judge

Alfred Laureta and later for Chief District Judge Alex Munson, both from the District of

Northern Mariana Islands, 1985 to 1989. Judge Walsh maintains his chambers in Los Angeles.

Judge James M. Burns was appointed to the District of Oregon as a district judge on May 25,

1972. Prior to his appointment to the federal bench, Judge Burns served as a judge in Multnomah

County, Oregon, 1966 to 1972. Previously, he engaged in private practice at Benson, Whitely,

McLennan and Burns, 1960 to 1966; and at Black, Kendall and Tremaine, 1956 to 1960. Judge

Burns received his bachelor of arts degree from the University of Portland in 1947 and his juris

doctorate from Loyola University Law School in 1950. He passed away on December 21, 2001.

Judge Burns is survived by his wife, Helen, and four daughters.

Judge James R. Dooley was appointed to the Central District of California as a bankruptcy judge

on November 1, 1976. Prior to his appointment to the bench, Judge Dooley served as assistant United States Attorney, Los Angeles, 1953 to 1976; and as first assistant chief, Civil

Division, 1962 to 1976. Judge Dooley received his bachelor of science degree from Benedict

College, South Carolina, in 1941 and his juris doctorate from John Marshall Law School,

Chicago, in 1950. Judge Dooley passed away on April 27, 2001. He is survived by his wife, La

Curtis Ruth Walls, and three children.

Judge Thomas E. Fenton was appointed to the District of Alaska as a part-time magistrate judge

on March 7, 1991. Judge Fenton also engaged in private practice, specializing in criminal and

bankruptcy law. He received his bachelor of arts degree from Trinity College in 1956 and his

LL.B. from New York University Law School in 1961. Judge Fenton passed away on August 14,

2001. He is survived by his wife, Nancy Fenton, and five children.

Deceased Judges
22 Ninth Circuit United States Courts

Judge Earl B. Gilliam was appointed to the Southern District of California as a district judge on

August 20, 1980. Prior to his appointment to the federal bench, Judge Gilliam served as a Superior

Court judge for the State of California, 1975 to 1980; and as a Municipal Court judge for San

Diego County, 1963 to 1975. Judge Gilliam received his bachelor of arts degree from San Diego

State University in 1953 and his juris doctorate from the University of California, Hastings College

of Law in 1957. Following law school, he engaged in private practice from 1961 to 1963 before

being appointed a deputy district attorney for San Diego County, 1957 to 1961. Judge Gilliam

passed away on January 28, 2001. He is survived by his wife, Rebecca, and son. He had two other

children from a previous marriage.

Judge Lawrence Ollason was appointed to the District of Arizona as a bankruptcy judge on July

27, 1983. Prior to his appointment to the bench, Judge Ollason served as Deputy Pima County

Attorney for School Affairs, 1964 to 1983. Judge Ollason received his bachelor of arts degree from

the University of Arizona in 1951 and his LL.B. from the University of Arizona College of Law in

1954. Following law school, he served as an assistant United States attorney general, 1954 to 1955.

Judge Ollason passed away on June 23, 2001. He is survived by his wife, Marcha, and three sons.

Judge Albert Lee Stephens, Jr., was appointed to the Central District of California as a district

judge on September 8, 1961. Judge Stephens served as chief judge of the district court from 1970

until 1979, when he took senior status. Prior to his appointment, Judge Stephens served as a judge

on the Los Angeles Superior Court, 1959 to 1961. Judge Stephens received his A.B. from 

the University of Southern California in 1936 and his LL.B. from the University of Southern

California Law School in 1938. Judge Stephens passed away on September 6, 2001. He is survived

by his wife, Barbara, and two daughters.

Judge Raymond T. Terlizzi was appointed to the District of Arizona as a magistrate judge on

March 1, 1971. He retired in March 2000 after nearly 35 years of service. Judge Terlizzi’s

career on the bench began in 1966 as a United States commissioner – a judicial office predating the

magistrate judge position. Prior to his appointment to the bench, he began his law career in

private practice. Judge Terlizzi received his bachelor of science degree from the University of

Notre Dame in 1956 and his LL.B. from the University of California at Berkeley in 1964.

He passed away on February 10, 2001, and is survived by his wife, Judith, and son, Gregory.

Judge Eckhart Thompson was appointed to the Eastern District of California as a bankruptcy

judge on February 15, 1972. Prior to his appointment to the bench, Judge Thompson engaged in

private practice as a partner at Lerrigo,Thuesen & Thompson in Fresno, 1943 to 1972; and at

Thompson & Thompson, 1943 to 1954. Judge Thompson served as deputy district attorney for

Fresno County from 1939 to 1943. He received his bachelor of arts degree from Fresno State

College in 1935 and his juris doctorate from Stanford University Law School in 1938. Judge

Thompson passed away on May 22, 2001. He is survived by a wife and two children.

Deceased Judges (continued)
Annual Report 2001 23

The Ninth Circuit’s Space and Security

Committee, which is responsible for

courthouse construction and renovation projects, saw its scope of work

expand significantly following the

terrorist attacks of Sept. 11, 2001, on

New York and Washington, D.C.,

and the subsequent incidents of

anthrax contamination at federal 

government buildings.

A Closer Look at Courthouse

Security

Faced with multiple threats, including

biological attack such as occurred

when anthrax spores were mailed to

government offices, the Judicial

Council of the Ninth Circuit directed

the Space and Security Committee to

coordinate development of plans to

protect against bio-terrorism and

increase physical security at courthouses. To carry out its mission, the

committee reached out to the Court

of Appeals and individual districts,

many of which had established security committees even prior to the

Sept. 11 attacks. District committees

were urged to re-examine their security policies and practices with the

aim of tightening both mailroom and

overall facility security. Districts that

did not have security committees

were urged to establish them

immediately.

District courts responded in various

ways to the potential threat of anthrax

contamination through the mail.

Some set up “clean rooms,” which are

physically isolated from the rest of the

courthouse, such as a portable mail

facility set up outside of the building.

Other courts relied on less stringent

measures. All took special precautions

for the handling of mail, including

distributing gloves and masks to

mailroom employees. In addition,

supplemental funds were approved by

the Space and Security Committee to

meet immediate needs for improved

mail security facilities.

By year’s end, the Space and Security

Committee was making plans to work

with the United States Marshals

Service to conduct a security inventory

of every judicial court unit building in

the circuit. Plans called for the marshals to take a close look at prisoner

movement, judge security, surveillance equipment, vehicular access 

to and near each courthouse, access

control devices, security cameras,

and perimeter security measures.

On the national level, the United

States Congress approved funding for

additional security staff and equipment for all government buildings. In

the judicial branch, the money was

slated to upgrade security x-ray equipment, hire more court security officers

and to reassign senior-level deputy

marshals, who will eventually assume

management control of all court

security personnel in each district.

Funding Sought for

Courthouses 

The Space and Security Committee

continued to oversee plans for courthouse construction and renovation.

Congress appropriated construction

funds only twice between 1997 to

2001, which has caused a serious

backlog of projects in the circuit.

Current projects include:

• Central District of California — 

A 1-million-square-foot courthouse

in Los Angeles, which claims the 

nation’s busiest federal district 

court. Design work and site acquisition are proceeding, although 

construction funding has not yet 

been appropriated.

• Eastern District of California – 

Construction funding for a new 

courthouse in Fresno was approved 

by Congress for fiscal year 2002.

• District of Oregon – Site selection 

has been completed and design 

work is under way for a new 

district court house in Eugene.

Construction funding is being 

sought in the fiscal year 2003 

budget.

• Districts of Northern and Southern

California – Funding for new court

houses in San Jose and San Diego 

was proposed for the fiscal year 

2003 budget.

In addition to new courthouse construction, the committee also worked

on projects involving courthouse

modernization, parking and historic

renovations.

Space and Security Committee Responds to 

Potential Security Threats

Senior Circuit Judge Melvin Brunetti,

chair of the Space and Security

Committee
24 Ninth Circuit United States Courts

Courthouses in the Planning Stage 

El Centro, California (leased space)

Anticipated completion date: 2003

Square footage: not available

San Diego

Anticipated completion date: 2007

Square footage: 527,610

San Jose

Anticipated completion date: 2008

Square footage: 441,110

Courthouses under Construction

Helena, Montana (leased space)

Anticipated completion date: 2002

Seattle

Anticipated completion date: 2004

Square footage: 369,000

Courthouses in Design Stage 

Eugene

Anticipated completion date: 2006

Square footage: 264,000

Fresno

Anticipated completion date: 2006

Square footage: 430,000

Los Angeles 

Anticipated completion date: 2007

Square footage: 1,016,300

Completed 

Phoenix

Completed: April 2001

Square footage: 571,078

Ninth Circuit Courthouse Construction Projects

Seattle
Annual Report 2001 25

Eugene Exterior

Eugene Interior
26 Ninth Circuit United States Courts

Los Angeles 

Fresno

Ninth Circuit Courthouse Construction Projects (continued)

Anticipated completion date: 2006

Square footage: 430,000

Anticipated completion date: 2007

Square footage: 1,016,300
Annual Report 2001 27

Summary of 2001 in the Ninth Circuit Court of Appeals

Senior Judges Provide Valuable Assistance to the Courts

Significant Ninth Circuit Court of Appeals Cases in 2001

Significant Ninth Circuit District Court Cases in 2001

Capital Habeas Corpus Cases in the Ninth Circuit

Courts Move Toward Paperless Case Filing System

Technology and Intellectual Property Law Cases

Pre-trial Services Have Nation’s Largest Caseload

Probation Officers See Caseloads Continue to Rise

Federal Public Defender Offices

Bankruptcy Filings Up

3Year in Review
28 Ninth Circuit United States Courts

The Ninth Circuit Court of Appeals

continued to be the busiest of nation’s

13 federal circuit courts with filings

topping the 10,000 mark for the first

time. All told, 10,054 cases were

appealed in 2001, up 5.4 percent from

the prior year. Since 1990, filings have

grown by nearly 50 percent. In 2001,

the Ninth Circuit caseload amounted

to 17.7 percent of the national appellate total.

From among the 15 districts in the

circuit, Central California generated

the largest number of appeals with

2,342 cases, or 23.3 percent of the

total. Appeals of administrative

agency actions numbered 1,094,

or nearly 11 percent of the total.

Another 878 cases, or 8.7 percent of

the total, were original proceedings.

In 2001, the Court of Appeals heard

oral arguments in about 2,500 cases,

while another 2,000 cases were decided without argument. Cases terminated in 2001 totaled 10,227, up 8.4 percent. As of December 31, 2001, there

were 9,491 pending cases before the

court, amounting to 23 percent of the

national appellate total.

This daunting caseload was handled

by the Ninth Circuit’s active appellate

bench of 25 judges, augmented by 20

senior circuit judges and, sitting by

special designation, both district

judges from within the circuit and

circuit judges from other circuits.

Panel Sittings

In addition to its regular sittings in

San Francisco, Pasadena and Seattle,

during the year the court heard cases

in Portland, Honolulu, Anchorage,

Phoenix, and Montana. All told, the

court met for a total of 445 panel days

in 2001.The table below breaks out

the court’s calendar was as follows:

San Francisco (every month): 

165 panels

Pasadena (every month): 

80 panels

Seattle (every month): 70 panels

Portland (March, May, July,

September, and November): 

25 panels

Honolulu (May and November): 

10 panels

Alaska (June): 5 panels

Phoenix (March): 1 special panel

Montana (June): 1 special panel

En Banc Hearings

The Court of Appeals relies on limited

en banc panels to ensure the consistency of law within the Ninth

Circuit. En banc hearings consist of a

panel of 11 judges who rehear a case

previously ruled upon by a threejudge panel. An en banc panel consists

of the chief judge and 10 circuit

judges chosen at random. Ordinarily,

matters will be reheard en banc only

to maintain the uniformity of the

court’s laws, for matters of exceptional importance, or in the case of a

death sentence.

In 2001 there were a total of 23 cases

argued en banc by the Court of

Appeals and 22 written opinions were

filed.These en banc opinions covered

a wide range of issues including civil

rights, constitutional law, criminal law,

environmental law, capital habeas corpus, immigration law, and tribal rights.

U.S. Supreme Court Review

In 2001, the Supreme Court reviewed

44 cases decided by the Ninth Circuit

Court of Appeals in 2001 or earlier.

These cases, which constitute less

than 1 percent of the Ninth Circuit

Court of Appeals workload in a 

typical year, covered a wide variety

of issues including arbitration, the

Americans with Disabilities Act, civil

rights, criminal law, due process,

federal immunity, immigration, labor,

property rights, punitive damages,

and tribal rights.

The Supreme Court issued written

opinions in 19 Ninth Circuit cases:

four were affirmed, one was vacated

and remanded, and 14 were reversed.

Another 24 cases resulted in summary

dispositions in which the Supreme

Court vacated and remanded for further consideration in light of its own

recent decisions. In one case, the

Supreme Court dismissed certiorari

without deciding the case.

Of the 44 Ninth Circuit cases, 40

were decided during the Supreme

Court’s 2000-01 term. Seventeen

cases involved written opinions and

12 of those were reversed, resulting in

a reversal rate of 71 percent. In all,

the Supreme Court issued written

opinions in 82 cases from the federal circuits and state courts for the

2000-01 term. Of those, 30 were

affirmed and 52 reversed, resulting

in a reversal rate of 63 percent.

Summary of 2001 in the Ninth Circuit Court of Appeals
Annual Report 2001 29

Senior judges assisted greatly with the

workload of the federal courts of the

Ninth Circuit in 2001. With three

vacancies at the circuit level and 16

unfilled district judgeships, the courts

relied on senior judges to keep pace

with an upturn in cases at both the

appellate and district court levels.

Circuit and district court judges are

eligible to take senior status after

meeting certain age requirements and

years of judicial service. Most senior

judges work part time, although some

continue to carry a full workload.

In 2001, only two judges took senior

status: District Judge H. Russel

Holland of the District of Alaska and

District Judge Jack Shanstrom of

the District of Montana.That number was in sharp contrast with 2000,

when 10 district judges and one circuit

judge took senior status.

Senior Judge Caseloads

Senior judges terminated 5,522 civil

cases, up 10.4 percent from 2000, and

2,831 criminal cases, down 5.6 percent from the prior year.

In the Court of Appeals, senior judges

assisted with 1,643 case hearings,

1,534 appeals that were submitted on

the briefs, and 1,085 other appeals.

In the district courts, senior judges

assisted with 423 trials.

Senior judges made substantial contributions in other areas, handling district court motions, taking on various

administrative duties, chairing or

actively participating as members on

various judicial committees, and

accepting designations as visiting

judges to other circuits or districts

that need their assistance.

Tribute Program

To show the Circuit’s appreciation for

the hard work of its senior circuit

judges, each year, the chief judge

sponsors a group luncheon in their

honor. In 2001, the luncheon was

held during the circuit conference 

in Big Sky, Montana, and featured 

a panel presentation by the senior

judges’ spouses.

Senior Judges Provide Valuable Assistance 

During the year, 20 senior circuit judges and 55

senior district judges heard cases in the Court of

Appeals and the various district courts. 

Senior Circuit Judge James R. Browning, back row, right, is honored by his fellow judges, former law clerks, and members of the legal community at a special ceremony held at the

Court of Appeals.
30 Ninth Circuit United States Courts

The Ninth Circuit Court of Appeals

decided more than 4,500 cases in

2001, issuing significant opinions in

virtually every area of the law. Included

here are some of the noteworthy

cases heard by the court, involving

habeas corpus, Miranda issues, immigration and labor.

Habeas Corpus 

In Mayfield v. Woodford (opinion

by Circuit Judge Richard C.Tallman),

a habeas corpus appeal by a California

prisoner who was sentenced to

death, an en banc panel held that

the petitioner was denied his Sixth

Amendment right to effective assistance of counsel. The court found

that the petitioner’s case was prejudiced by the failure of his attorney

to present mitigating evidence during the sentencing phase of trial.

The court remanded to the district

court to grant the habeas writ and

order the state court to conduct a

new sentencing proceeding.

Immigration Law

In Zadvydas v. Davis, et al. the

U.S. Supreme Court affirmed the

holding of the Ninth Circuit Court of

Appeals in Ma v. Reno (opinion by

Circuit Judge Stephen Reinhardt),

that the Immigration and

Naturalization Service (INS) may

not indefinitely detain an alien,

pending removal.The alien in this

case had been held in indefinite INS

custody because his native country,

Cambodia, did not have a repatriation

agreement with the United States

and would not permit his return.

The Supreme Court held that after a

final removal order issues, there is a

presumptively reasonable period of six

months during which the INS may

continue to detain an alien it is seeking to remove. After that, detention

is lawful only if there is a significant likelihood of removal in the

reasonably foreseeable future.

The Supreme Court vacated the

Court of Appeals grant of the alien’s

habeas corpus petition, challenging

his detention on the ground that the

court may not have given due weight

to the likelihood of successful future

negotiations for a repatriation agreement with Cambodia. On remand

from the Supreme Court, the Court

of Appeals in Ma v. Ashcroft (opinion by Circuit Judge Stephen

Reinhardt), clarified that the court’s

conclusion that there was no likelihood of the alien’s removal in the reasonably foreseeable future was based

not only on the lack of a repatriation

agreement, but also on the lack of a

sufficient showing that future negotiations were likely to lead to an agreement in the reasonably foreseeable

future.

In Ram v. INS (opinion by Circuit

Judge Ronald M. Gould), the court

affirmed final deportation orders for

aliens who sought suspension of

deportation and challenged the

application to their cases of the

“stop-time” rule, a new, more difficult continuous physical presence

requirement imposed by the Illegal

Immigration Reform and Immigrant

Responsibility Act.The court held

that the stop-time rule applied to

aliens in deportation proceedings after

the Act took effect on April 1, 1997.

Labor Law

In Cramer v. Consolidated

Freightways, Inc. (opinion by

Circuit Judge Raymond C. Fisher),

an en banc panel held that former

employees’ state law claims for invasion of privacy and intentional infliction of emotional distress were independent of the terms of their collective bargaining agreement and thus

were not preempted by the Labor

Management Relations Act.The

case involved eavesdropping and video

surveillance devices used in trucking

terminals.The court also held that

when an employer’s surreptitious surveillance constitutes a per se violation of established state privacy laws,

the employees may bring an action

for invasion of privacy, regardless of

the terms of their 

collective bargaining agreement.

Miranda Issues

In United States v. Orso (opinion

by Circuit Judge Diarmuid

O’Scannlain), an en banc panel held

that the U.S. Supreme Court case of

Oregon v. Elstad requires suppression of a Mirandized confession only

if the confession was tainted by

unwarned statements that were involuntary.The court held that Oregon v.

Elstad does not require suppression

of the warned confession if noncoercive, improper police tactics elicited

the unwarned statements.The court

subsequently rejected a sua sponte call

for full court en banc review.

Significant Ninth Circuit Court of Appeals Cases in 2001
Annual Report 2001 31

In United States v. VelardeGomez (opinion by Circuit Judge

Kim McLane Wardlaw), an en banc

opinion in a criminal appeal, the

court held that the district court erred

in allowing comment on the defendants post-arrest, pre-Miranda

silence and that the error was not

harmless beyond a reasonable doubt.

The court also held that (1) evidence

of a lack of physical or emotional

reaction was tantamount to evidence

of silence and (2) the defendants subsequent waiver of Miranda rights did

not render admissible comment on

his pre-waiver silence.

Punitive Damages

In In Re Exxon Valdez (opinion by

Circuit Judge Andrew J. Kleinfeld),

the court held that punitive damages

could be awarded to a class of plaintiffs whose economic interests were

affected by the Exxon Valdez oil spill,

but remanded for consideration of the

amount of the jury’s $5 billion punitive damages award.

Traffic Stops

In United States v. ChavezValenzuela (opinion by Circuit

Judge Raymond C. Fisher), the court

reversed the denial of a suppression

motion and vacated a conviction of

possession of methamphetamine with

intent to distribute.The court held

that even extreme nervousness during

a traffic stop, in the absence of other

particularized, objective factors, does

not support a reasonable suspicion of

criminal activity, and does not justify a

law enforcement officer’s continued

detention of a suspect after he has

satisfied the purpose of the stop.

The judges of the Ninth Circuit Court of Appeals.
32 Ninth Circuit United States Courts

In 2001, nearly 60,000 civil and criminal cases were filed in the 15 district

courts that make up the Ninth

Circuit. District courts have jurisdiction to hear nearly all categories of

federal cases. Among the more noteworthy trials heard by the courts in

2001 were cases involving criminal

conspiracy, environmental restoration

and federal habeas corpus.

United States v. Fernandez, 

(Central District of

California) 

The longest criminal trial in the 

history of the Central District of

California, this case involved the

prosecution of alleged members of the

Mexican Mafia for murder, attempted

murder, conspiracy to murder, extortion, robbery, and various drug

trafficking and firearms crimes. A

number of the crimes charged

involved a triple homicide that

occurred in 1998.The case was severed into three separate trials, each of

which was presided over by Judge

David O. Carter.

The first trial was of 11 defendants

(June-October 2000).The jury convicted 10 of the 11 defendants of the

Racketeer Influenced and Corrupt

Organizations Act (RICO) charges

they faced and hung on certain counts

facing the 11th defendant, who later

pleaded guilty to RICO conspiracy

charges. Several of the defendants,

including two long-time Mexican

Mafia members, ultimately received

life sentences.

The second trial involved a single

defendant purported to be a longtime Mexican Mafia member, who

was charged with orchestrating the

triple homicide as well as a number of

other acts of violence.The jury convicted on 24 of the 25 charges

brought, including all of the charges

related to the triple homicide. At the

death penalty phase of the trial that

followed, the jury hung 8-4 in favor of

death.This trial lasted from October

2000 to April 2001. Sentencing is

pending; the defendant faces three

mandatory life sentences.

The final trial involved five defendants who the government alleged

were involved in the murders as well

as other violent activities that were

committed on behalf of the Mexican

Mafia.The trial began on April 30,

2001 and the jury reached its verdict

in November 2001.Three of the five

defendants were convicted of the

RICO conspiracy and drug trafficking

conspiracy but were acquitted on the

charges relating to the triple homicide. Sentencing is pending; each

defendant faces as much as 20 years in

prison.The other two defendants

were acquitted.

Wilderness Society v.

Rey (District of Montana)

Heard in the District of Montana,

this case grew out of the wild fires

that burned significant areas of

Montana’s Bitterroot National Forest

in the summer of 2000.The U.S.

Forest Service subsequently developed

a salvage project for the burned areas

and released a draft Environmental

Impact Statement (EIS) for the project in May 2001. In October 2001,

the Forest Service released a final EIS

on the Bitterroot Burned Area

Recovery project. The final EIS

featured a preferred alternative,

known as Alternative F, that was not

an alternative in the draft EIS.The

Undersecretary of Agriculture signed

the Bitterroot Record of Decision on

December 2001, maintaining that his

approval constituted the final administrative determination for the project.

In two separate actions, the

Wilderness Society filed for a

restraining order and preliminary

injunction to stop the Forest Service

from proceedings with the project.

Plaintiffs argued that the Appeals

Reform Act specifically required that

the decision of the Forest Service be

subject to administrative appeal.

Ruling that the decision was not

subject to the Act’s administrative

appeal requirements, the court

granted the request for a restraining

order and the preliminary injunction

and remanded the matter back to

the Forest Service.

Significant Ninth Circuit District Court Cases in 2001
The Forest Service asked for an emergency stay of the preliminary injunction. Chief Judge Donald W. Molloy

of the District of Montana then

ordered all parties to a settlement conference before Chief District Judge

Michael Hogan of the District of

Oregon. After two days of round-theclock negotiations, the parties agreed to

a compromise that allowed about onethird of the estimated board feet of

timber to be removed from the forest

without subjecting the sales to the

appeals process.

Amaya-Ruiz v. Stewart

(District of Arizona)

Heard in the District of Arizona by

Judge William D. Browning, this case

involved an Arizona prisoner who petitioned for habeas corpus relief after

being convicted of first-degree murder

and sentenced to death. As a matter of

first impression, the court held that a

prisoner who is found to have recovered mental competency for execution,

after first being declared incompetent,

is entitled to the same procedural protections guaranteed when the state

seeks to determine restoration of competency.The court also found that

Arizona failed to provide the prisoner

with adequate procedures to litigate the

issue of restored competency.The court

directed that the prisoner’s execution

be stayed pending a federal evidentiary

hearing on his mental fitness for execution.

Pirtle v. Lambert

(Eastern District of

Washington)

Heard in the Eastern District of

Washington by Judge Justin L.

Quackenbush, this case also involved a

prisoner convicted of first-degree murder and sentenced to death.The court

conditionally granted a writ of habeas

corpus, holding that there were constitutional errors made in the penalty

phase of the trial due to the admission

of statements made by the defendant

prior to receiving his Miranda rights.

Judge Quackenbush found that the

errors were not harmless since the

statements could have had a profound

effect on the jury considering the

penalty options.The court ordered that

the state set aside the sentence of death

unless within 90 days the state granted

the prisoner a new hearing on the sentencing issue without use of his nonMirandized statement, or if the state

did not elect to retry him, that the sentence of death be vacated and he be

resentenced according to Washington

law and the U.S. Constitution.

Annual Report 2001 33

Chief Judge Mary M. Schroeder addresses a meeting of district judges at the annual Ninth

Circuit judicial conference. 
34 Ninth Circuit United States Courts

Federal courts of the Ninth Circuit 

are dealing with a growing number of

capital habeas corpus petitions arising

out of state death penalty cases.These

petitions usually involve complex

constitutional issues, extraordinarily

lengthy trial records, and timeconsuming court proceedings that

span years, often decades.The Judicial

Council of the Ninth Circuit, the governing body of the circuit, recognizes

the need to carefully manage these

cases and regularly reviews the case

management and budgeting process.

Capital habeas corpus petitions provide a means for a prisoner to raise

federal constitutional issues that

may not have been properly resolved

during the prisoner’s original trial

and/or sentencing, or in subsequent

state appellate proceedings. State

court convictions and sentencings

can be overturned by federal district

courts or further appealed to the

Ninth Circuit Court of Appeals 

and the U.S. Supreme Court.

Seven of the nine states that comprise

the Ninth Circuit have crimes punishable by death (Alaska and Hawaii,

along with the U.S. Territory of

Guam and the Commonwealth of the

Northern Mariana Islands do not).

The seven death penalty states produced most of the 260 capital cases

that were pending in the district

courts of the Ninth Circuit, and the

34 cases pending in the Court of

Appeals as of Dec. 31, 2001. In addition, at year’s end, 552 death penalty

cases were pending in the supreme

courts of the death-penalty states.

Virtually all of those cases eventually

will proceed to the federal courts.

These cases are just the tip of the

iceberg. Hundreds more death sentence cases are awaiting appointment of counsel and have yet to

reach state supreme courts.

Case Management and

Budgeting

To reduce the time and expense of

capital habeas cases, the Judicial

Council instituted a comprehensive

case management and budgeting

process. Judges and lawyers meet regularly to plan and authorize capital

phases and costs.They make use of a

model case management and budgeting format designed by the Judicial

Council’s Criminal Justice Act (CJA)

Capital Habeas Corpus Oversight

Committee. In the Northern and

Central Districts of California, both

of which have significant numbers of

death penalty cases, CJA supervising

attorneys review and make recommendations on vouchers submitted by

lawyers representing capital habeas

petitioners. Judges throughout the circuit also rely on 19 death penalty law

clerks, who specialize in this area of

the law.The Judicial Council actively

reviews and approves these case

budgets for every capital habeas 

corpus case in which a private CJA

attorney has been appointed.

These efforts to manage costs have

paid off. While the number of capital

habeas cases under way in the Ninth

Circuit has increased over time, the

annual cost of cases has decreased.

In fiscal year 2001, the total cost of

Ninth Circuit capital habeas corpus

cases was $8.5 million compared to

$12.9 million in fiscal year 1996, a

reduction of more than 34 percent in

five years.

Ineffective Assistance of

Counsel

Ineffective assistance of counsel or

asserted errors in the manner in

which a trial was conducted, such 

as errors in jury instructions, are frequently the basis for capital habeas

corpus petitions and figured into

several noteworthy appeals heard by

the Ninth Circuit Court of Appeals.

Capital Habeas Corpus Cases in the Ninth Circuit

The Capital Case Committee manages costs of capital habeas corpus cases in the Ninth Circuit.

Left to right: District Judge Philip Pro, Nevada; Clerk of Court Sherri Carter, Central District of

California; Ms. Robin Donoghue, Office of Circuit Executive; Chief District Judge Stephen

McNamee, Arizona; Mr. Bob Rucker, Office of Circuit Executive; Senior Circuit Judge Edward

Leavy; and Federal Public Defender Maria Stratton. 
Annual Report 2001 35

In Hoffman v. Arave (opinion by

Circuit Judge Harry Pregerson), the

court held that Idaho’s 42-day statute

of limitations for filing a post-conviction petition in a capital case violated

the Sixth Amendment because it

denied the petitioner any meaningful

review of his ineffective assistance of

counsel claims and therefore was

inadequate to bar federal review.The

court remanded the case to the district court for an evidentiary hearing

on the petitioner’s ineffective assistance of counsel claims.

Sitting en banc, the court held in

Mayfield v. Woodford (opinion by

Circuit Judge Richard C.Tallman)

that the petitioner was denied his

Sixth Amendment right to effective

assistance of counsel because he was

prejudiced by his attorney’s failure

to present mitigating evidence during the sentencing phase of trial.

The court remanded the case to the

district court with instructions to

grant the habeas writ and order the

state court to conduct a new sentencing proceeding.

And in Garceau v. Woodford

(opinion by Circuit Judge A. Wallace

Tashima) the court found that a jury

instruction regarding other crimes

committed by the petitioner rendered

his trial so fundamentally unfair as to

constitute a violation of the Due

Process Clause.The instruction

allowed the jury to consider evidence

of illegal drug manufacturing and of

another murder committed several

months after the petitioner murdered

the victims in the present case as

evidence of the petitioner’s character

or conduct on a specific occasion.The

court remanded the case to the district court with directions to issue the

writ, unless the State of California

granted the petitioner a new trial

within a reasonable period of time.

State Pending in State Pending in Federal Pending in U.S. Court

Supreme Court District Court of Appeals, 9th Circuit

Arizona 30 57 8

California 479 *160 21

Idaho 45 2

Montana 12 1

Nevada 20 33 1

Oregon 12 0 0

Washington 63 1

Total 552 260 34

Ninth Circuit Death Penalty Cases 

December 2001

Table 1

*Northern District, California 34

Southern District, California 2

Eastern District, California 41

Central District, California 83
36 Ninth Circuit United States Courts

Implementation of electronic case

filing, which allows court documents

to be filed over the Internet, picked

up speed in the Ninth Circuit in

2001. By the end of the year, four

bankruptcy courts and two district

courts were offering electronic filing

with five more Ninth Circuit courts

scheduled to come online in 2002.

Designed for ease of use, the system

allows filers to use conventional word

processing software to prepare documents, which they then convert into

Portable Document Format (PDF)

files using other off-the-shelf software. To file documents online, users

log onto a court Web site with a

court-issued password. After providing basic case information, such as

the names of the parties and the document being filed, the user submits

the document to the court. The system automatically generates a notice

verifying receipt of the filing, notifies

other parties in the case that the document has been filed, and adds the

document to the court docket.

Electronic case filing is a national

initiative for the federal judiciary.

As of December 2001, eight district

courts and 28 bankruptcy courts

across the country were using the

new e-filing software. Nearly 15,000

attorneys and others signed up to use

the system, filing more than 6 million

documents related to more than 1.5

million federal cases. Another six district and 43 bankruptcy courts were in

the process of implementing the system in 2001. Appellate courts, meanwhile, are expected to begin using the

system in 2003.

Each court has discretion to determine whether electronic filing will be

mandatory. In the Northern District

of California, which launched electronic filing in April 2001, the court

selected several judges for a pilot program. Parties with cases before these

judges are required to file all civil case

documents electronically. Exceptions

were made for bankruptcy appeals,

Social Security appeals, cases removed

from another jurisdiction to federal

court, and pro se filings.

With the advent of electronic case filing came new concerns regarding personal privacy. Seeking to address these

concerns, the Judicial Conference of

the United States, the principal policy-making body of the federal courts,

adopted the following policies at its

September 2001 meeting:

• Documents in civil cases should be 

made available electronically to the 

same extent that they are available 

at courthouses, except for Social 

Security cases, which were excluded 

from electronic access.The policy 

also allows for modification or 

redaction of certain “personal data 

identifiers,” including Social 

Security numbers, dates of birth,

financial account numbers, and 

names of minor children.

• The Judicial Conference concluded 

that public remote electronic access 

to documents in criminal cases 

should not be made available, with 

the understanding that the policy 

will be re-examined in two years.

• It was concluded that documents in 

bankruptcy case files should be made

available electronically to the same 

extent that they are available at the 

courthouse, with a similar change for 

personal identifiers as in civil cases.

In conjunction with electronic case

filing, many courts also began using 

an updated electronic case management system.The system will allow

courts to eventually move away from

the use of paper documents whenever

possible. By moving to a paperless system, courts will reduce their need for

file storage space. In addition, court

staff no longer will have to gather and

transport paper case files to and from

the courthouse and file storage rooms.

Instead, electronic dockets and case

papers can be loaded on a laptop computer and be accessed by a judge in the

courtroom using the Internet or

through the judiciary’s data communications network.

Videoconferencing in the

Courtroom

Besides decreasing the court’s reliance

on paper, technology is helping reduce

travel time and costs for judges and

litigants. Videoconferencing is now

fully integrated into the daily operations of more than 200 federal courts

and is especially useful when attorneys

or parties in a case are spread out over

two or more distant cities. In the

bankruptcy court for the District of

Idaho, for example, videoconferencing

technology may be used to conduct

detention hearings, or to hear motions

arguments or witness testimony. In

the District of Montana United

States Bankruptcy Court, videoconferencing is used for all types of proceedings, from uncontested matters to

full-blown trials. Montana also is

using multi-point conferencing for

cases that involve parties in three or

more cities. In the District of Idaho

United States Bankruptcy Court,

videoconferencing is used regularly

between the cities of Boise and

Pocatello and Boise and Coeur

d’Alene. Idaho uses videoconferencing

for most matters, excluding evidence

presentation and adversary trials.

Courts Move Toward Paperless Case Filing System
By virtue of geography, the United

States District Court for the Northern

District of California has become a

focal point of technology and intellectual property law in the Ninth Circuit.

The district’s boundaries, which extend

from Monterey to the Oregon border,

encompass the Silicon Valley, one of the

world’s best-known high-tech centers.

The court regularly hears cases involving new technology, trade secrets, copyrights, patents, and the like.

When Technology and the Law

Collide

Best known among the major technology

and intellectual property cases decided

within the Ninth Circuit in 2001 was 

A & M Records, Inc. v Napster,

Inc., in which a new application of

Internet file sharing technology collided

headlong with copyright protection.

The plaintiff ’s record companies and

music publishers alleged that Napster

was a contributory and vicarious copyright infringer. A small startup company located in Redwood City, Calif.,

just south of San Francisco, Napster

had developed and freely distributed

computer software that facilitated

the transmission of encoded music

files among Internet users by a process

called “peer-to-peer” file sharing.

Napster software allowed users to

make their own music files available

to other users, and to locate and

transfer exact copies of music files

stored on other users’ computers.

In July 2000, the District Court for the

Northern District of California granted

the plaintiffs’ motion for a preliminary

injunction and enjoined Napster “from

engaging in, or facilitating others in

copying, downloading, uploading, transmitting, or distributing plaintiffs’ copyrighted musical compositions and

sound recordings, protected by either 

federal or state law, without express

permission of the rights owner.”

Napster appealed and oral arguments

were heard by the Court of Appeals

in October 2000.

An opinion in the case was issued on

February 12, 2001. An appellate panel

affirmed in part, reversed in part, and

remanded the case to the district court.

The court held that the district court

correctly recognized that a preliminary

injunction against Napster’s participation in copyright infringement was

required. However, the court directed

that the injunction be modified so that

contributory liability could potentially

be imposed only to the extent that

Napster: (1) received reasonable knowledge of specific infringing files with

copyrighted musical compositions and

sound recordings; (2) knew or should

know that such files were available on

the Napster system; and (3) failed to act

to prevent distribution of the works.

The court held that the preliminary

injunction was overbroad because it

placed on Napster the entire burden of

ensuring that no “copying, downloading,

uploading, transmitting, or distributing” of the plaintiffs’ works occurred on

the system. Instead, the Court of

Appeals placed the burden on the

plaintiffs to provide notice to Napster

of copyrighted works and files containing such works available on the Napster

system before Napster had the duty to

disable access to the offending content.

Napster, however, bore the burden of

policing the system within the limits of

the system.

(In March 2002, the Court of Appeals

affirmed the district court’s modified preliminary injunction, which forced Napster

to disable its file transferring service

until certain conditions were met.)

Annual Report 2001 37

Technology and Intellectual Property Law Cases 

Senior District Judge Roger Strand in a courtroom of the new Sandra Day O'Connor U.S.

Courthouse in Phoenix. The courtroom is equipped with the latest technology for evidence presentation, legal research and transcript preparation.
38 Ninth Circuit United States Courts

The Internet and the First

Amendment 

In Yahoo!, Inc. v. La Ligue Contre

Le Racisme et L’Antisemitisme,

also heard in the Northern District of

California, the court granted summary judgment to the Internet services

giant Yahoo!, Inc.The company had

brought a declaratory judgment action

against French parties in a dispute

over the auctioning of Nazi memorabilia on a Yahoo! Web site.The

French parties had obtained a French

court order requiring Yahoo! to block

French citizens’ access to the auction

Web site, which was found to violate

a provision of the French Criminal

Code that prohibited exhibition of

Nazi propaganda and artifacts for

sale. The district court held that

while the French court’s order was

entitled to great deference, it was

clearly inconsistent with the First

Amendment and would not be recognized in the United States.The district court found that the French

court’s mandate that Yahoo! “take all

necessary measures to dissuade and

render impossible any access via

Yahoo.com to the Nazi artifact auction service and to any other site or

service that may be construed as constituting an apology for Nazism or a

contesting of Nazi crimes” was far too

general and imprecise to survive the

strict scrutiny required by the First

Amendment.

Trademark Infringement

Also on the Internet front was

Interstellar Starship Services v.

Epix, Inc., which was heard in the

United States District Court for the

District of Oregon.The court held

that the plaintiff ’s use of the domain

name of “epix.com” for his Web site

did not infringe the defendant’s

“EPIX” trademark, subject to the

provision that the plaintiff drop references to his technical services and

digital image processing, and that he

post a disclaimer of affiliation. The

plaintiff used the domain name on a

Web site that showcased his electronic pictures. He had sought

declaratory judgment of noninfringement against the owner of

the trademark “EPIX,” which was

used in connection with printed circuit boards and computer programs.

Publicity Rights

In Hoffman v. Capital Cities/ABC,

Inc. the Court of Appeals reversed a

judgment in favor of actor Dustin

Hoffman in a suit alleging that a

magazine violated his right of publicity

by appropriating his name and likeness and his rights under the federal

Lanham Act.The magazine published

photographs of many celebrities

wearing spring fashions.They used a

famous photograph of Hoffman from

the movie “Tootsie” but altered it by

replacing Hoffman’s body with that of

a male model wearing a different

evening gown.The magazine did not

receive permission to use the photograph from either Hoffman or the

movie studio that held the copyright

to the original photograph.The Court

of Appeals held that (1) the photograph was noncommercial speech; (2)

to recover, a public figure such as the

actor could recover damages for noncommercial speech from a media

organization only by proving “actual

malice”; and (3) Hoffman did not

show by clear and convincing evidence that the magazine acted with

actual malice in publishing the

altered photograph.

Technology and Intellectual Property Law Cases (continued)
Pre-trial services officers (PSO) in the

Ninth Circuit reported the highest

caseload of any circuit in the nation in

2001. For the year, Ninth Circuit

PSOs opened 21,514 cases, accounting for 25 percent of the total case

activations nationwide.

PSOs provide the courts with two

important services: investigation and

supervision of defendant’s pending

trial. Officers are looked upon to balance the defendant’s right to pre-trial

release with the court’s concern that

the accused appear as required and

not pose a danger to the public.They

investigate a defendant charged with a

federal crime, recommend to the court

whether to release or detain the

defendant, and supervise those

defendants who are released to the

community pending trial.

The Ninth Circuit districts reporting

the highest number of pre-trial case

activations in 2001 were the Southern

District of California with 5,913 activations, the District of Arizona with

5,844 activations, and the Central

District of California with 2,625.

While leading the nation in the

number of cases, the percentage of

Ninth Circuit case activations actually

slipped by .3 percent from the prior

year. Year-to-year declines also were

reported in number of pre-trial

reports prepared, 19,557, down 7.5

percent, and defendants interviewed,

7,671, down 12 percent.

Districts Lower Detention

Rates

Responding to an increased use of

detention prior to trial and a resulting

increase in court expenditures for this

purpose, the Office of Probation and

Pre-trial Services, a division of the

Administrative Office of the U.S.

Courts, undertook a special project 

to address the problem in 2000.

The Probation and Pre-trial Services

agency formed a representative

committee of chief pre-trial services

officers from across the nation to

develop a design for creating a detention reduction plan.The percentage 

of defendants who were “detained and

never released” during pre-trial had

increased 10 percent between June

1995 and June 1999 in federal courts

across the nation. In addition, costs for

pre-trial detention rose from $189

million in June 1995 to $445 million

in June 2001. As a result, the new

Probation and Pre-trial Services committee focused on helping districts to

devise strategies to increase the use of

alternatives to detention.

Since formation of the committee,

many districts in the Ninth Circuit

already have begun to show reduced

detention rates. The districts of

Alaska, Arizona, Central California,

Southern California, Montana,

Western Washington and the Eastern

Washington all showed reduced

detention rates for the period from

December 1999 to September 2001.

In addition, seven of the 14 districts

reported detention rates below the

national average of 45.2 percent,

excluding immigration cases. (The

District of the Northern Mariana

Islands was not included in the

Administrative Office totals.)

Supervision

In 2001, 5,787 Ninth Circuit defendants were released under PSO

supervision with special conditions.

Of these, 2,060, or 35 percent, were

given substance abuse testing as a

condition of their release, while

1,128, or 19.3 percent, were released

with both testing and treatment provisions. During fiscal year 2001, $1.5

million was spent on substance abuse

treatment, excluding costs associated

with substance abuse testing. The

average treatment cost per offender

totaled $1,442.

The third largest category of special

release was for electronic monitoring,

with 458, or 7.8 percent of defendants, released with a provision for

electronic monitoring. Many of these

defendants also were placed under

house arrest. A defendant in the house

arrest program must remain in his or

her residence between specific hours.

To ensure that this requirement is

honored, some defendants must wear

ankle bracelets that are electronically

monitored by a monitoring center. If 

a defendant violates the confinement

condition, the center is notified automatically, and its staff in turn notifies

Calendar Year Change

Caseload Measure 2000 2001 2000-2001

Reports 21,163 19,557 -7.6%

Interviews 8,704 7,671 -11.9%

Cases Activated 21,574 21,514 -0.3%

Pre-trial Services Cases Activated in

Ninth Circuit Courts, 2000-2001

Table 2

Annual Report 2001 39

Pre-trial Services Officers Have Nation’s 

Largest Caseloads
40 Ninth Circuit United States Courts

Defendant Contact Written Reports

Not Refused Postbail Total Cases Total Cases Change

District Interviewed Interviewed Interview Prebail & Other Activated 2000 Activated 2001 2000-2001

Alaska 170 81 17 259 1 278 268 -3.6%

Arizona 1,420 4,384 40 5,623 129 5,717 5,844 2.2%

C. Calif. 2,156 324 145 2,488 35 2,903 2,625 -9.6%

E. Calif. 293 119 500 894 10 1,014 912 -10.1%

N. Calif. 470 643 5 726 383 1,280 1,118 -12.7%

S. Calif. 799 36 5,078 5,072 825 5,552 5,913 6.5%

Hawaii 302 67 16 380 5 484 385 -20.5%

Idaho 287 10 0 286 5 193 297 53.9%

Montana 336 75 5 398 9 386 416 7.8%

Nevada 465 42 338 812 28 867 845 -2.5%

Oregon 302 21 550 847 4 964 873 -9.4%

E. Wash 171 157 64 237 109 430 392 -8.8%

W. Wash. 341 975 100 1,404 8 1,285 1,416 10.2%

Guam 122 42 8 111 20 174 172 -1.1%

N. Mariana Is. 37 1 0 20 7 47 38 -19.1%

Circuit Total 7,671 6,977 6,866 19,557 1,578 21,574 21,514 -0.3%

National Total 62,493 13,566 10,418 76,778 6,348 85,872 86,477 0.7%

Circuit % of 

National 12.3% 51.4% 65.9% 25.5% 24.9% 25.1% 24.9% -1.0%

Pretrial Services Interviews and Types of Bail, 2001

Table 3

Pre-trial Services Officers Had Nation’s Largest Caseload (continued)

the supervising officers.

Of the defendants released on special

conditions, 396, or 7.0 percent, were

released with mental health treatment

provisions. Recently, the Office of

Pre-trial Services in Washington,

D.C., has placed increased attention

on mental health needs of defendants

through officer training programs and

assistance designed to help districts

identify mental health issues. For

mental health treatment, the circuit

expenditures, excluding substance

abuse testing costs, were $134,472 for

fiscal year 2001, with an average cost

per defendant of $697.

For all types of release conditions that

are set by the courts, PSOs monitor

compliance, provide necessary support

services, and inform the courts and

U.S. attorneys of all apparent violations. If the violation behavior is

deemed serious, the defendant’s bond

may be revoked, resulting in detention.

During 2001, there were a total of

2,155 violations reported in the Ninth

Circuit. Of those, 1,332 occurred preadjudication, 716 at the pre-sentence

stage and 107 pending appeal or

self-surrender. In 1,103 violations

there was no change in bail conditions, while 217 violations resulted in

modifications to bail conditions. In

only 835 violations, or 38.7 percent,

was bail revoked and the defendant

detained. This is indicative of Pretrial Services’ commitment to assist

defendants in modifying their behavior and avoiding detainment if they

represent no danger to the community.

The pre-trial services workload of

judges grew by 4 percent in fiscal year

2001, when they held 48,379 pre-trial

hearings. Detention hearings rose .7

percent, bail review hearings declined

17 percent, and violation hearings

increased 15 percent.
Annual Report 2001 41

United States probation officers play

an important role in the federal

criminal justice system. They are

responsible for investigating and

supervising offenders whom the

courts have conditionally released to

the community on probation, parole

or supervised release. Probation officers serve as the court’s fact-finders,

controlling the risk that offenders pose

to public safety. They also provide

correctional treatment, improving

the odds that an offender will choose

a law-abiding lifestyle rather than

further criminal behavior.

Ninth Circuit probation officers saw

their workloads continue to rise in

2001.The number of persons under

supervision in the circuit reached

19,011, an increase of 6 percent over

the prior year and nearly 20 percent

since 1996.The Ninth Circuit probation caseload was the highest of any

circuit in 2001, while its year-to-year

increase was nearly double the national

average increase.

The Central District of California

continued to report the highest number of persons under supervision in

the Circuit, with 5,233 cases, followed

by Arizona with 2,647 cases.The

Central District’s caseload rose 7.9

percent in 2001, while Arizona’s caseload rose by 7.4 percent.

Revocation Rates

Ninth Circuit probation offices as a

whole reported the lowest revocation

rate in the nation in 2001. Only 25

percent of persons under supervision

during the year were returned to

prison for violation of their terms of

release.This translates to a 75 percent

success rate, in which probationers

successfully completed their terms of

release.This compares to the national

average of 20 percent revocation and

an 80 percent success rate. Districts in

the Ninth Circuit reporting the lowest revocation rates were the Eastern

District of California and the

Central District of California, with

18 percent revocation rates, and

the Northern District of California,

with a 16 percent revocation rate.

Categories of Offenses

In 2001, drug law violations accounted for the majority of the cases under

supervision by probation officers in

the circuit.Thirty-nine percent, or

7,396 cases, involved persons under

supervision for violation of drug laws.

The Central District of California

reported the largest number of persons under supervision for drug violations with 2,080 cases, followed by

the Southern District of California

with 1,124, and Arizona with 1,043.

The second largest type of violation

was for fraud with 3,741 persons

under supervision in this category.

The Central District of California

surpassed other districts in this category by a wide margin, reporting

1,363 persons under supervision for

fraud in 2001.The Western District

of Washington reported 359 cases

and Nevada 355.

Robbery was the third largest offense

category for probation offices in the

Ninth Circuit in 2001, with 1,162 of

these cases reported.The Central

District of California reported 406

persons under supervision for robbery—the highest number of any district in the nation. Oregon had 142

persons under supervision for robbery

in 2001, and the Northern District of

California, 111.

An Emerging Trend

A significant trend in probation

offenses in 2001 was the growing

number of persons under supervision

for sex crimes in the Ninth Circuit.

Much of this increase was due to a

continuing increase in arrests of persons running child pornography

Internet sites.The Ninth Circuit

reported 359 sex offenders under the

supervision of its probation officers in

2001, a significant increase of 102.8

percent over the total reported for

1996, when only 177 sex offenders

were under supervision (see Table 6).

The District of Arizona probation

offices experienced the highest number of sex offenders under its supervision, with 122; followed by the

Districts of Montana and the

Western District of Washington,

each with 39 offenders.

Calendar Year Calendar Year Change

Persons Under Supervision 2000 2001 2000-2001

From Courts 5,595 5,761 3.0%

From Institutions 12,336 13,250 7.4%

Total 17,931 19,011 6.0%

Ninth Circuit Probation 

Persons Under Supervision 2001

Table 4

Probation Officers See Caseloads Continue to Rise
42 Ninth Circuit United States Courts

Monitoring Offenders

Probation officers use a variety of

methods to monitor persons under

their supervision, including overt and

covert surveillance, drug testing, polygraphs, and sweat patches. In 1997,

the Food and Drug Administration

approved the use of sweat patches 

to monitor drug use by persons on

supervised release. Recently, however,

the use of sweat patches has been

challenged in federal courts, and probation officers and judges are closely

watching these types of cases.

Administrative Office

Undertakes Probation Study

Nationally, the federal probation and

pretrial services system has absorbed

major functional, organizational and

technological changes in the past

decade. In response, the Administrative

Office of the U.S. Courts contracted

with the consulting firm of PricewaterhouseCoopers in 2001 to

conduct a study to examine how the

roles of the Probation and Pretrial

Services personnel have changed and

how current policies and practices

serve the system in an era of fewer

resources and increased decentralization.The number of persons under

supervision by these offices is expected to grow by 24 percent between

1999 and 2005. Probation and

Pretrial Services offices also have

been affected by the decentralization

of management, revamping of the

sentencing system, and new responsibilities mandated by legislation. Stage

One of the three-stage study was

completed in 2001 and will be

reported on in 2002.

Increased Caseloads Affects

Judges

Judges also are seeing the ramifications of the increased number of

persons under probation and supervised release supervision in the Ninth

Circuit.The Sentencing Reform Act

of 1984, which went into effect in

1987, transferred responsibility of the

oversight of supervised release violations from a parole board to the

courtroom. Under the new law, if a

released prisoner violates the terms of

release, both a preliminary hearing

and a final revocation hearing must

be held before a federal judge.This

has significantly increased judges’

workloads; nevertheless, it has not

been factored into workload formulas

for determining the number of judgeships in each district.

Probation Officers See Caseloads Continue to Rise (continued)

Presentence Reports

Change

2000 2001 2000-2001

AK 200 198 -2

AZ 3,383 3,231 -152

CAN 986 853 -133

CAE 1,121 1,052 -69

CAC 1,600 1,670 70

CAS 2,559 2,538 -21

HI 305 326 21

ID 173 132 -41

MT 372 344 -28

NV 600 511 -89

OR 555 465 -90

WAE 326 302 -24

WAW 635 543 -92

GU 166 101 -65

Total 12,981 12,266 -715

Ninth Circuit Probation 

Presentence Reports, Calendar Years 2000-2001

Table 5

A major part of the work of probation officers involves preparing presentence

reports. Prior to preparing the report, the officer conducts a presentence investigation, gathering and verifying information about the offender and the offense. The

presentence report provides information that enables the court to impose a fair

sentence that satisfies the punishment, deterrence, and corrective goals of sentencing. The officer considers applicable statutes and federal sentencing guidelines, applies them to the facts of the case, and comes up with a recommended

sentence and justification for it.
DNA Collection, Testing Begins 

Probation offices geared up in 2001

for DNA testing of certain offenders

on probation, parole, or supervised

release. Offices in the Ninth Circuit

received DNA collection kits in late

2001 and were due to begin collecting

blood samples in early 2002.

Nationally, about 6,000 of the more

than 100,000 offenders in the federal

probation system had committed

crimes that require DNA collection.

Qualifying offenses under the

DNA Analysis Backlog Elimination

Act of 2000 include manslaughter,

enslavement, kidnapping, robbery,

burglary, incest, and arson. The

requirement is aimed at expanding

the Combined DNA Index System,

an FBI-maintained national database of DNA profiles of convicted

offenders, unsolved crimes, and

missing persons.

The law’s impact will be felt primarily by the Bureau of Prisons, which

is required to test certain inmates.

But probation offices became

involved because some offenders

covered by the 2000 law already had

left prison and were being supervised in the community while on

parole or supervised release.

An offender’s failure to cooperate is

punishable by a sentence of one year in

prison and fines up to $100,000.

Districts have secured the services of

phlebotomists to collect the blood

samples and send them to the FBI,

which conducts the analyses and puts

the data into the national database.

Annual Report 2001 43

Referred By United States Courts Referred by Institutions

District Judge Magistrate Judge Supervised 2000 2001 Change

District Probation Probation Release Other Total Cases Total Cases 2000-2001

Alaska 76 39 141 3 262 259 -1.1%

Arizona 854 221 1,497 75 2,465 2,647 7.4%

C. Calif. 1,170 141 3,736 186 4,852 5,233 7.9%

E. Calif. 241 273 950 82 1,512 1,546 2.2%

N. Calif. 411 287 934 92 1,699 1,724 1.5%

S. Calif. 276 61 1,592 46 1,865 1,975 5.9%

Hawaii 117 49 398 11 497 575 15.7%

Idaho 80 36 195 10 282 321 13.8%

Montana 226 20 307 12 518 565 9.1%

Nevada 246 56 729 28 1,049 1,059 1.0%

Oregon 261 31 687 65 968 1,044 7.9%

E. Wash 77 9 316 5 385 407 5.7%

W. Wash. 225 218 923 53 1,318 1,419 7.7%

Guam 39 0 133 2 215 174 -19.1%

N. Mariana Is. 21 0 42 0 44 63 43.2%

Circuit Total 4,320 1,441 12,580 670 17,931 19,011 6.0%

Ninth Circuit Probation 

Persons Under Supervision by District 2000-2001

Table 6
44 Ninth Circuit United States Courts

Indigent defendants accused of committing federal crimes can turn to one

of the 12 Federal Public Defender

offices and three Community

Defender Organizations operating in

the Ninth Circuit.These defender

services strive to provide representation for those who cannot afford private attorneys. Federal Public

Defender offices are funded through

the Defender Services Division of the

Administrative Office of the United

States Courts.

By statute, judges of the Ninth Circuit

Court of Appeals select and appoint

the federal public defenders for a

renewable term of four years.The

Committee on Federal Public

Defenders is responsible for nominating defenders for appointment or

reappointment. In 2001, the committee consisted of Circuit Judges Barry

Silverman and Harry Pregerson,

District Judge Judith Keep, and

Circuit Judge A. Wallace Tashima as

chairperson.They recommended Mr.

Robert Hartsock for appointment to

the newly-recreated position of federal

public defender for the District of

Guam, and Ms. Maria Stratton for

reappointment as federal public

defender for the Central District of

California. Both recommendations

were adopted by the Court of Appeals.

Defender Caseloads

Public defenders in the Ninth Circuit

opened 24,015 cases in fiscal year

2001, an increase of 1.7 percent over

the 23,612 cases opened in 2000.This

was a smaller rate of increase from the

year before, when new cases rose by

8.4 percent over 1999.

The Ninth Circuit accounted for

roughly one-third of all of the Federal

Public Defender cases in the nation in

2001. Ninth Circuit public defenders

opened 33.2 percent of all new cases,

closed 34.4 percent of all old cases,

and had 26.8 percent of the pending

cases at year’s end. With public

defender or community defender

offices in each of its districts—excluding the Northern Mariana Islands—

the Ninth Circuit has more such

offices than any circuit in the nation.

Despite their increasing workload,

Ninth Circuit public defenders closed

more cases and had fewer pending

cases than the prior year. In fiscal year

2001, 24,334 cases were closed, a 5.6-

percent increase over 2000. At year’s

end, they reported 7,563 pending

cases, down 4.1 percent from the 7,883

cases reported in 2000. It was the first

reduction in pending cases in eight

years. Even with the dip, pending cases

remain 77 percent higher than what

was reported just eight years ago.

District Breakdowns

Among districts in the Ninth Circuit,

the Community Defender Organization for the Southern District of

California opened the most cases in

fiscal year 2001.The district reported

5,971 new cases, the second largest

total of new cases of any public

defender office in the nation.The

District of Arizona, whose public

defenders opened 5,514 new cases,

ranked third highest in the nation.

The districts having the most new

cases are located along the U.S.-

Mexico border and were affected by

the continuing rise in immigration

offenses, particularly illegal re-entry

violations. In the Southern District

of California, 23 percent of the cases

opened in fiscal year 2001 were

immigration cases, while 10 percent

of new cases in Arizona were immigration related.

Drug offenses also were involved in a

significant number of new cases

opened by public defenders in the circuit. In the Southern District of

California, drug offenses, particularly

drug smuggling over the U.S.-Mexico

border, made up 19 percent of new

Federal Public Defender Offices 

Calendar Year Change

Cases 2000 2001 2000-2001

Opened 23,612 24,015 1.7%

Closed 23,035 24,334 5.6%

Pending 7,883 7,563 -4.1%

Cases Opened, Closed, and 

Pending, Fiscal Years 2000-2001

Table 7
Annual Report 2001 45

cases in fiscal year 2001.The remainder of new cases in the Southern

District of California involved charges

of fraud, weapons, death penalty

cases, and so-called “miscellaneous”

offenses related to parole revocations,

pretrial diversions and mental illnesses

and other matters.

For the District of Arizona, 71 percent

of new cases were “criminal other,”

which includes homicide, robberies,

burglaries, forgery, sex offenses, and

several other miscellaneous offenses.

Capital Habeas

Several public defender and community defender offices in the circuit also

represent defendants seeking federal

capital habeas review of state death

penalty cases. Districts with federal

public defenders taking these types 

of cases are located in the Central

District of California, the Eastern

District of California, Arizona,

Nevada, and the Western District of

Washington. Capital habeas community defender organizations are located in Montana and Idaho/Eastern

District of Washington.The districts

with the highest number of pending

capital habeas cases in fiscal year 2001

were the District of Arizona, with 24

pending cases, the District of Nevada,

with 23, and the Eastern District of

California, with 18. Although these

numbers are small relative to the total

number of pending cases, capital

habeas cases require a tremendous

amount of time and resources for 

federal public defender agencies.

U.S. Supreme Court Rules on

Indefinite Detainment

Federal public defenders in the

Western District of Washington and

the Eastern District of California won

a victory in 2001 when the United

States Supreme Court affirmed the

Ninth Circuit’s ruling that indefinite

detainment of illegal aliens is unconstitutional. Defenders in these districts

spearheaded efforts to seek the release

of detainees being held by the

Immigration and Naturalization

Service at various locations around

the circuit. Because their home countries would not accept their reentry,

these offenders were being held indefinitely in federal prisons. In 2001, the

Supreme Court affirmed the Ninth

Circuit’s earlier decision that indefinite detainment of these offenders

was unconstitutional.

Pending

District Opened Closed 9/30/01

Alaska 284 298 92

Arizona 5,514 5,409 857

C. Calif. 2,659 2,759 1,220

E. Calif. 2,209 2,316 660

N. Calif. 939 994 566

*S. Calif. 5,971 6,236 1,333

Guam 154 175 76

Hawaii 708 650 435

*Idaho 186 160 110

*Montana 380 402 189

Nevada 1,146 1,125 564

Oregon 1,267 1,260 784

*E. Wash. 645 610 221

W. Wash. 1,953 1,940 456

Circuit Total 24,015 24,334 7,563

National Total 72,420 70,703 28,219

Circuit Total as % of

National Total 33.2% 34.4% 26.8%

Cases Opened, Closed, and 

Pending by District, Fiscal Year 2001

Table 8

*Community Defender Organization

**Other representations include court-directed prisoner,

bail/presentment, witness, probation revocation, and

parole revocation representations.
46 Ninth Circuit United States Courts

Ninth Circuit bankruptcy courts

experienced a 13.5 percent rise in

filings in 2001 to 276,516 cases.The

increase was part of a nationwide

trend and reversed a downturn in circuit filings the year before.The largest

number of bankruptcy filings in the

past eight years occurred in 1998,

when there were 323,382 filings in

the Circuit.

Contributing to the increase in 2001

was a slowdown in the national economy and continuing high levels of

consumer debt. Debtors also were

thought to have been influenced by

the prospect of congressional passage

of a bankruptcy reform bill that would

have placed stricter limits on the discharge of consumer debt. (The bill

remains pending in Congress.)

Non-Business Filings

The majority of bankruptcies in the

Ninth Circuit in 2001 continued to

be non-business Chapter 7 cases,

which accounted for 79.4 percent of

all filings. Chapter 7 filings totaled

219,657 in 2001, a 17 percent increase

over the prior year. Chapter 7 allows

individuals to keep certain exempt

property while the remaining property

is sold to pay creditors.

The second largest category of filings

was non-business Chapter 13 cases,

with 47,564 filings, or 17.2 percent of

the total. Under Chapter 13 bankruptcy, creditors may be repaid in

installments, in full or in part, over a

three-to-five-year period. Non-business Chapter 13 filings increased by

only 0.8 percent in 2001.

Non-business Chapter 11 bankruptcies, which represent only a tiny

portion of the total bankruptcies in

the Circuit, increased to 192 cases in

2001 from 159 cases in 2000. Chapter

11 allows an individual to use future

earnings to pay off creditors.

Business Filings

Bankruptcy filings by businesses

accounted for 3.3 percent of all bankruptcies in the Ninth Circuit in 2001.

The majority of these business bankruptcies were filed under Chapter 7,

with 5,451 total cases, a 7.7 percent

increase from the year before.

Business bankruptcies filed under

Chapter 11 increased by 17.6 percent,

rising to 1,811 filings in 2001 from

1,540 the prior year. Chapter 11 provides for a business to continue operations while formulating a plan to

repay its creditors.

District by District

The Central District of California,

which claims the nation’s largest

bankruptcy court, continued to lead

the country in bankruptcy filings. For

2001, the Central District recorded

88,195 filings, which surpassed the

total for four other entire circuits and

accounted for 6 percent of the national total.This was a 9.2 percent

increase in filings over the year before.

Chapter 7 cases, both personal and

business, made up the majority of filings in the Central District.

The Eastern District of California

had the next largest number of filings

with 32,259, an increase of 8.4 percent over 2000.The Western District

of Washington followed with 26,986,

which was an 18.6 percent increase in

filings from the previous year.

Bankruptcy Filings Up

Calendar Year Change

Caseload Measure 2000 2001 2000-2001

Filings

Business Chapter 7 5,059 5,451 7.7%

Business Chapter 11 1,540 1,811 17.6%

Business Chapter 12 78 86 10.3%

Business Chapter 13 1,808 1,742 -3.7%

Non-Business Chapter 7 187,797 219,657 17.0%

Non-Business Chapter 11 159 192 20.8%

Non-Business Chapter 13 47,189 47,564 0.8%

Total 243,635 276,516 13.5%

Terminations 258,306 263,528 2.0%

Pending Cases 199,410 212,398 6.5%

Total Bankruptcy Cases Filed, 

Terminated, and Pending, 2000-2001

Table 9
Terminations and Pending

Cases

The Circuit experienced a slight

increase by 2 percent in the number

of bankruptcy case terminations in

2001, from 258,306 in 2000 to

263,528 in 2001. The largest number

of bankruptcy terminations in the

past eight years occurred in 1998,

when there were 321,208 terminations in the Circuit. The number of

pending cases rose by 6.5 percent,

from 199,410 to 212,398.

Recalled Judges

To address the shortage of judges,

Ninth Circuit bankruptcy courts continue to rely on recalled judges to

relieve the active bankruptcy judges.

During 2001, 11 bankruptcy judges

were recalled to assist the 77 active

bankruptcy judges with recusals and

emergency matters and to assist with

the coverage of divisional offices.

National Bankruptcy Statistics

Nationally, total bankruptcies rose 

19 percent, marked by substantial

increases in both business and nonbusiness filings. Non-business filings

accounted for 97.3 percent of all filings. Ninth Circuit bankruptcy filings

accounted for 18.5 percent of the

national total.

New Judgeships

In Congress, both the House and

Senate considered bills providing

additional bankruptcy judgeships for

the Ninth Circuit. On January 31,

2001, Rep. George Gekas introduced

the Bankruptcy Abuse Prevention

and Consumer Protection Act of

2001, which would authorize 23 

new temporary bankruptcy judgeships, some of which were slated 

for California and Nevada. On

January 30, 2001, Sen. Charles

Grassley introduced S. 220, the

Bankruptcy Reform Act of 2001.

As passed by the Senate on 

March 15, 2001, the bill would 

create 27 new temporary bankruptcy judgeships.

The House and Senate bills were

pending action by a congressional

conference committee at the close of

the first session.The conference committee held a meeting November 14

to begin reconciling the two bills.

In testimony before the Senate

Judiciary Committee, a representative

of the United States Judicial

Conference expressed concern that

Congress has authorized no new

bankruptcy judgeships since 1992,

while bankruptcy filings had increased

by 500,000 since then.The Judicial

Conference made recommendations

to Congress for additional bankruptcy judgeships in 1993, 1995,

1997 and 1999.

Appointments

During the year, two bankruptcy

judges were appointed and five bankruptcy judges reappointed in the

Ninth Circuit.The court of appeals

appointed Judge Sheri Bluebond to

the Central District of California on

February 1, 2001, filling a vacancy

created by the resignation of Judge

Lisa Hill Fenning.The Court of

Appeals also appointed Judge W.

Richard Lee to the Eastern District 

of California on January 17, filling a

vacancy created by the retirement of

Bankruptcy Judge Brett Dorian.

Annual Report 2001 47

Judge District Reappointment Date

Louise DeCarl Adler S.D. CA Reappointed 1/1/01

Alan Jaroslovsky N.D. CA Reappointed 1/6/01

James N. Barr C.D. CA Reappointed 1/12/01

Edward D. Jellen N.D. CA Reappointed 1/26/01

John A. Rossmeissl E.D. WA Reappointed 12/28/01

Bankruptcy Judge Reappointments

Table 10
48 Ninth Circuit United States Courts

District Case Name Assets

Alaska Gateway Forest Products, Inc. $62.0 million

Wave Wholesale Co., LLC $12.0 million

*City Mortgage

Arizona MicroAge Group $620.0 million

Phoenix Memorial Hospital Health Services Network $115.7 million

Southwest Supermarkets $37.3 million

C. Calif. House 2 Home $297.4 million

OAN Services, Inc. $94.4 million

Henry Mayo Newhall Memorial Hospital $80.0 million 

E. Calif. UpRight, Inc. $112.5 million 

Michael Hat $94.5 million 

Coast Grain Company $91.0 million 

N. Calif. Pacific Gas and Electric Co. $32.0 billion 

At Home Corp., et al. $667.4 million 

Crown Vantage, Inc./Crown Paper, Inc. $560.1 million 

S. Calif. Anacomp, Inc. $211.7 million 

Tri-National Development Corp. $86.2 million 

World - X, Inc. $75.6 million 

Guam Oceanview Garden Development, Inc. $4.8 million 

George & Matilda Kallingal, P.C. $4.5 million 

D.S. Corporation, Inc. $4.1 million 

Hawaii The Final Straw, Inc. $17.5 million 

TSH Development $12.0 million 

Peter Savio $7.0 million

Idaho C&R Plumbing and Heating, Inc $4.3 million 

R Homes Corporation $3.2 million 

Farewell Bend, Inc $2.9 million 

Montana Jore Corporation $112.7 million 

JS Marketing and Communications, Inc. $2.9 million 

Internet Connect Services, Inc. $2.7 million 

Nevada Washington Group International $3.5 billion 

Aladdin $758.0 million 

National Airlines $50 million-$100 million 

N. Mariana Is. Micronesian Health Corporation $100,000 to $500,000 

Rainwater - Saipan, Inc. $100,000 to $500,000

Wendy’s Saipan, Inc. $100,000 to $500,000

Oregon WCI Cable Inc. $196.8 million 

Alaska North Star Communications LLC $80.0 million 

Alaska Fiber Star LLC $25.3 million 

E. Wash. Americare Inc. $8.0 million 

J A M Davis Inc. $4.0 million 

Northwest C & G Acquisitions Inc. $3.0 million 

W. Wash. edge2net Inc. $53.0 million 

StairMaster Sports/Medical Products Inc. $51.0 million 

Etera Corporation $40.0 million 

* No schedule or statements have been filed to this date.

Top Bankruptcy Cases in 2001 (in assets) by District

Table 11

Bankruptcy Filings Increase Once Again (continued)
Annual Report 2001 49

Appellate Caseload Continues to Rise

District Court Filings

Bankruptcy Appeals Decline

Magistrate Judges 

Court Interpreters

Juror Utilization

District by District Caseloads

4Statistical Overview
50 Ninth Circuit United States Courts

Filings in the Ninth Circuit Court

of Appeals rose 5.4 percent in 2001,

reaching the highest level in seven

years. The increase in filings was

slightly higher than the national

average increase of 5 percent reported for the 11 other regional courts

of appeals.

Case terminations in the Circuit rose

8.4 percent to 10,227 in 2001. Since

1997, filings have grown 16.2 percent,

while terminations increased 18.1 percent. Pending appellate cases dropped

2.1 percent to 9,491.

The overall growth in appeals consisted of increases in original proceedings

(up 41.8 percent), private prisoner

petitions (up 9 percent), and criminal

filings (up 8.1 percent). At the same

time, bankruptcy appeals, which

accounted for 2.4 percent of all

appeals filed, dropped 14.8 percent.

The percentage of cases that are original proceedings in the Court of

Appeals has increased every year since

1997, when original proceedings

made up only 2.0 percent of all cases.

In 2001, 8.7 percent of Court of

Appeals cases were original proceedings. Original proceedings continued

to increase after 1998, when motions

requesting authority to file second or

successive habeas corpus prisoner

petitions and pro se mandamus petitions for which filing fees were not

paid were first added to the general

docket for the courts of appeal.

Private prisoner petitions increased 9

percent in 2001 as a result of United

States Supreme Court ruling the year

before. In Apprendi v. New Jersey,

the Supreme Court held that any

finding of fact providing grounds for

an enhanced sentence greater than the

statutory maximum must be made by

a jury and proven beyond a reasonable

doubt. Rumors of a one-year deadline

for filing petitions pursuant to

Apprendi led to the increase in

motions by prisoners seeking to file

second or successive habeas corpus

petitions so that they could reduce

their sentence.

Private civil appeals made up the

largest category of appeals in the

Circuit in 2001, accounting for 23.4

percent of all appeals, while private

prisoner petitions made up 20.2 percent. For criminal appeals, the majority of cases (30.0 percent) were related

to drug laws, and the second largest

category (27.6 percent) involving

immigration laws.

Over the past few years, the Court of

Appeals has taken steps to address the

increase in filings.These include

increasing the number of oral argument panels through the use of

additional visiting judges from the

Circuit’s district courts and from outside the Ninth Circuit.The Court of

Appeals also has continued its aggressive screening of cases at the time of

filing to weed out cases with jurisdictional defects and to direct cases to

the mediation program for possible

settlement.

U.S. District Courts as Sources 

of Appeals

The Central District of California,

the busiest district in the nation, continued to generate the largest number

of appeals. In 2001, 23.3 percent of all

appeals originated in the Central

District.The Eastern District of

California generated the second

largest number, accounting for 9.1

percent of all appeals. Over the last

five years, the number of appeals from

the Central District of California has

increased 25.6 percent, while appeals

from the Eastern District of

California increased 30.2 percent. In

2001, the Eastern District of

California reported the largest

increase in appeals, up 16.5 percent to

919 cases. While appeals were up in

most districts in 2001, there were

exceptions. In the Southern District

of California, the number of appeals

dropped by 12.7 percent.The number

of appeals dropped 3.8 percent in the

Northern District of California and

62.1 percent in the District of Guam.

Administrative agency appeals were

the second largest source of appeals in

the Circuit, totaling 1,094 filings or

10.9 percent of all appeals in 2001.

This represented a decrease of 0.5

percent over the year before and 13.0

percent from 1997.The majority of

Appellate Caseload Continues to Rise

Calendar Year Change

Caseload Measure 2000 2001 2000-2001

Filings 9,542 10,054 5.4%

Terminations 9,437 10,227 8.4%

Pending Cases 9,694 9,491 -2.1%

Appellate Caseload Profile, 2000-2001

Table 12
administrative agency appeals were

Immigration and Naturalization

Services cases, which accounted for

83.5 percent of all agency appeals.

Another large block of Ninth Circuit

appellate filings — 42.4 percent —

were pro se cases, with 4,258 such filings in 2001. Of these, 38 percent were

private prisoner petitions, followed by

original proceedings at 16.9 percent.

Many of the pro se original proceedings filed were by prisoners moving

for authority to file second or successive habeas corpus prisoner petitions.

Median Time Intervals

The Ninth Circuit remained higher

than the national median for the time

from filing in lower court to a case’s

final disposition in appellate court,

reporting a 31-month median compared with the national median of

25.8 months. The Ninth Circuit fared

well, however, for the median time

interval from hearing appellate cases

to their final disposition—a 1.5

month median time compared with

the national median of 2.2 months.

This is the duration during which the

cases are under the direct management of the judges.

Annual Report 2001 51

District Appeals % of Total

Alaska 128 1.3%

Arizona 784 7.8%

C. Calif. 2,342 23.3%

E. Calif. 919 9.1%

N. Calif. 856 8.5%

S. Calif. 566 5.6%

Hawaii 182 1.8%

Idaho 121 1.2%

Montana 176 1.8%

Nevada 505 5.0%

Oregon 477 4.7%

E. Wash. 210 2.1%

W. Wash. 542 5.4%

Guam 13 0.1%

Northern Mariana Islands 20 0.2%

Bankruptcy 241 2.4%

United States Tax Court 50 0.5%

National Labor 32 0.3%

Relations Board

Administrative Agencies 1,094 10.9%

Original Proceedings 878 8.7%

Circuit Total 10,054

Source of Appeals and Original Proceedings, 2001

Table 13
52 Ninth Circuit United States Courts

% of Circuit Pending as of

Type of Appeal Filings Total Terminations 12/31/01

Civil

U.S. Prisoner Petitions 810 8.1% 896 618

Private Prisoner Petitions 2,028 20.2% 1,849 1,579

Other U.S. Civil 689 6.9% 708 724

Other Private Civil 2,356 23.4% 2,222 2,707

Criminal 1,958 19.5% 1,739 2,289

Other

Bankruptcy 241 2.4% 269 275

Administrative Appeals 1,094 10.9% 1,183 1,088

Original Proceedings 878 8.7% 853 211

Circuit Total 10,054 9,719 9,491

National Appellate Total 56,687 55,034 39,973

Ninth Circuit as % of

National Total 17.7% 17.7% 23.7%

Filings, Terminations, and Pending Cases by Appeal Type, 2001

Table 14

From Filing in Lower 

From Filing of From Filing of Last From Filing of Court to Final 

Notice of Appeal Brief to Hearing or From Hearing to From Submission to Appeal to Final Disposition in

to Filing Last Brief Submission Final Disposition Final Disposition Disposition Appellate Court

Circuit Cases Months Cases Months Cases Months Cases Months Cases Months Cases Months

D.C. 185 8.3 312 2.8 244 2.3 353 0.5 386 8.0 386 25.6

1st 549 5.9 577 2.0 350 2.1 578 1.4 808 10.5 808 26.1

2nd 1,247 5.0 1,279 3.2 1,047 0.8 1,007 0.1 1,728 9.6 1,728 29.7

3rd 1,104 6.4 1,159 2.3 451 2.8 1,292 1.9 1,416 11.9 1,416 28.6

4th 1,111 4.5 1,185 2.8 520 2.3 2,291 0.5 2,089 7.3 2,089 19.5

5th 2,616 5.9 2,678 3.1 1,019 1.9 3,213 0.4 3,603 9.5 3,603 20.3

6th 1,834 6.0 1,888 6.8 882 2.5 1,819 1.3 2,182 15.1 2,182 28.9

7th 978 4.7 1,028 2.6 755 2.7 835 0.3 1,319 9.8 1,319 25.1

8th 1,326 3.7 1,375 4.8 748 3.0 1,471 0.3 1,769 10.1 1,769 24.3

9th 2,885 5.8 3,344 6.4 1,899 1.5 3,114 0.3 3,605 16.1 3,605 31.0

10th 1,080 5.0 1,121 3.5 447 4.0 988 1.1 1,205 11.2 1,205 25.5

11th 2,964 4.6 3,008 3.7 982 2.3 3,017 1.0 3,376 10.3 3,376 27.4 

Median Time Intervals in Cases Terminated 

After Hearing or Submission, By Circuit, 2001

Table 15

Appellate Caseload Continues to Rise (continued)
Annual Report 2001 53

Number of Months

Ninth Circuit National

By Stage of Appeal 2000 2001 2000 2001

From Notice of Appeal to Filing Last Brief 5.7 5.8 5.4 5.3

From Filing Last Brief to Hearing or Submission 6.6 6.4 4.1 3.8

From Hearing to Final Disposition 1.6 1.5 2.1 2.2

From Submission to Final Disposition 0.3 0.3 0.6 0.5

From Filing of Notice of Appeal to Final Disposition 15.7 16.1 11.5 10.9

From Filing in Lower Court to Final Disposition in

Appellate Court 30.2 31 26.9 25.8

Median Time Intervals 2000-2001

Table 16
54 Ninth Circuit United States Courts

Total filings of criminal and civil cases

in the Ninth Circuit’s 15 district

courts remained stable in 2001.The

total number of new filings was down

0.5 percent to 59,531. Nevertheless,

filings were up nearly 20 percent from

five years ago.

Case terminations rose 12 percent to

60,226 in 2001 (not including the

17,577 misdemeanor and petty

offense cases terminated by magistrate

judges in fiscal year 2001). Despite the

large increase in terminations, the

pending caseload grew by 5.9 percent

to 58,082.

Ten of the 15 district courts in the

Circuit reported decreases in total filings in 2001. Districts reporting the

most significant decreases were the

Eastern District of California, with a

drop of 17.3 percent, the Central

District of California, down 13.5 percent; and the Eastern District of

Washington, down 12.9 percent.

Interestingly, of the five districts

reporting increases in filings, the

island districts of Guam (up 44.7 percent) and the Northern Mariana

Islands (up 11.8 percent) reported the

largest growth.The District of Guam

numerical increases in 2001 did not

reflect the actual caseload in 2001.

The district numbers reflect criminal

cases which were unsealed by the

United States Attorney’s office and

which had not been reported in statistical totals for prior years.

Criminal Filings

Although criminal filings in the

Circuit’s district courts fell 4.6 percent

in 2001, criminal terminations also

dropped 2.7 percent. Consequently,

the pending criminal caseload grew by

10.7 percent.

The largest number of criminal filings in the Circuit continued to be

for immigration and drug law violations, with the border districts of

Arizona and the Southern District of

California leading in both of these

areas. While immigration case numbers were down 5.1 percent in

Arizona and 16.9 percent in

Southern California from the year

before, they were still high compared

with other districts in the nation. In

2001, 1,720 new immigration cases

were filed in Arizona and 1,543 cases

in Southern California.

For cases involving drug law violations, the Southern District of

California led the Circuit, with 1,724

new cases, and had the second largest

number of drug law related filings of

any district in the nation, outpaced

only by the Western District of Texas.

Drug law related cases rose by 13 percent in the Southern District of

California in 2001.The District of

Arizona reported the second largest

number of cases related to drug laws,

with 768 such cases. Filings of drug

cases grew in several districts as a

result of an ongoing highway drug

interdiction program supported by the

Drug Enforcement Agency and carried out by state and local agencies in

“high intensity drug trafficking areas”

designated by the Office of National

Drug Control Policy. Drug filings

also increased because of prosecutions under the Comprehensive

Methamphetamine Control Act of

1996, which was enacted in response

to the emergence of widespread use of

this drug.

District Court Filings 

At the District of Nevada’s annual district conference: District judges Kent Dawson, Roger

Hunt, David Hagen, Philip Pro, and Nevada Chief District Judge Howard McKibben.
Weapons and firearms related cases

grew by 8.0 percent in the Ninth

Circuit in 2001 to 706 cases— a 57

percent increase over 1998. Filings of

firearms cases began growing that year

as United States attorneys in cities

with the highest violent crime rates

began implementing special programs

to prosecute felons carrying firearms

under federal laws, which often carry

more severe penalties than state laws.

Civil Filings

Civil filings in the Ninth Circuit district courts declined 6.8 percent to

41,649 in 2001.The majority of civil

filings in the Circuit (73.7 percent)

are private civil cases, while the

remaining cases are those in which

the United States acts as plaintiff 

or defendant. Total private cases

remained stable, dropping by only 28

cases. Of the private cases, civil rights

cases made up the majority (18.9

percent or 5,807 cases), followed by

habeas corpus prisoner petitions

(4,565). Civil rights cases dropped 

4.2 percent from the year before,

while habeas corpus petitions

dropped 13.7 percent.

Cases in which the United States

acted as plaintiff or defendant fell by

21.7 percent in 2001 to 10,942 cases.

The majority of these cases were

contract disputes (29.4 percent), followed by Social Security filings (21.3

percent), and prisoner petitions’

motions to vacate sentence (9.5 

percent). The Central District of

California reported the largest number of total civil filings, with 13,751

new cases, followed by the Northern

District of California, with 6,813 filings, and the Eastern District of

California, with 3,915 cases.

With civil filings declining in the

Circuit’s district courts, case terminations rose by 9.2 percent in 2001. As 

a result, the pending civil caseload

dropped 4 percent.The median time

from filing to disposition for civil

cases dropped 6.8 percent to 8.2

months in 2001, with the Circuit 

processing these cases faster than the

national median time of 8.6 months.

Annual Report 2001 55

Calendar Year Change

Caseload Measure 2000 2001 2000-2001

Civil Filings 44,711 41,649 -6.8%

Criminal Filings 15,100 14,408 -4.6%

Total Filings 59,811 59,531 -0.5%

Civil Terminations 39,733 43,394 9.2%

Criminal Terminations 14,024 13,648 -2.7%

Total Terminations 53,757 60,226 12.0%

Pending Civil Cases 44,169 42,424 -4.0%

Pending Criminal Cases 10,663 11,805 10.7%

Total Pending Cases 54,832 58,082 5.9%

Civil Case Termination

Index (in months) 13.3 11.7 -12.0%

Criminal Case Termination

Index (in months) 9.1 10.4 14.3%

Overall Case Termination

Index 12.2 11.6 -4.9%

Median Months (filing to

disposition) Civil 8.8 8.2 -6.8%

Median Months (filing to

disposition) Criminal 5.2 5.4 3.8%

Total Criminal and Civil Cases Filed, Terminated,

and Pending, 2000-2001

Table 17
56 Ninth Circuit United States Courts

General Offenses Total

Homicide 1 79 4 2 2 1 2 8 15 2 2 1 4 3 0 126

Robbery 2 17 82 13 24 23 11 2 1 37 51 11 22 0 0 296

Assault 4 32 8 7 11 21 6 8 15 5 4 2 33 3 0 159

Burglary 0 4 0 0 0 1 4 0 4 0 0 0 0 0 0 13

Larceny 27 150 112 32 43 13 13 8 12 15 44 4 181 10 0 664

Embezzlement 10 6 22 23 28 8 9 3 9 21 18 9 26 1 3 196

Fraud 28 150 319 174 123 404 37 26 25 68 44 28 108 25 5 1,564

Weapons & Firearms 10 125 138 47 80 15 6 14 33 68 81 42 30 15 2 706

Forgery & Counterfeiting 10 18 94 10 12 6 3 4 6 28 9 13 15 0 6 234

Drug Laws 49 768 159 115 131 1,724 95 30 128 71 125 120 191 59 3 3,768

Traffic 22 5 10 12 59 0 223 4 100 0 0 0 267 0 0 702

Escape 0 27 9 1 12 13 1 0 1 17 12 4 7 0 1 105

Other 6 87 58 46 35 24 18 15 46 33 20 11 111 7 2 519

General Offenses Total 169 1,468 1,015 482 560 2,253 482 122 395 365 410 245 995 123 22 9,052

Special Offenses

Immigration Laws 11 1,720 265 352 176 1,543 8 39 17 172 275 113 32 19 0 4,742

Agricultural Acts 11 10 0 9 3 1 1 12 11 3 4 1 1 0 0 67

Postal Laws 1 1 13 2 11 1 0 0 1 0 3 1 6 0 0 40

Other 11 61 69 29 60 39 14 9 11 8 17 8 24 13 1 374

Special Offenses Total 34 1,792 347 392 250 1,584 23 60 40 183 299 123 63 32 1 5,223

All Offenses Total 203 3,260 1,362 874 810 3,837 505 182 435 548 709 368 1,058 155 23 14,275 Alaska Arizona C. Calif. E. Calif. N. Calif. S. Calif. Hawaii Idaho Montana Nevada Oregon E. Wash W. Wash Guam N. Mariana Is. 

Ninth Circuit District Court – Types of Criminal Cases Commenced, 2001

(excludes Transfer Cases)

Table 18

District Court Filings (continued)
Annual Report 2001 57

Unweighted Filings Per Judgeship Weighted Filings Per Judgeship

2000 2001

Authorized Weighted Weighted Change

District Judgeships Civil Criminal Total Civil Criminal Total Total 2000-2001

Alaska 3 144 72 225 136 100 245 238 -2.9%

Arizona 12 266 313 581 225 383 621 608 -2.1%

C. Calif. 27 487 71 576 378 101 495 484 -2.2%

E. Calif. 7 545 148 699 419 193 685 614 -10.4%

N. Calif. 14 472 66 551 413 105 514 521 1.4%

S. Calif. 8 294 544 1,058 287 725 997 1,068 7.1%

Hawaii 4 212 95 309 233 170 449 403 -10.2%

Idaho 2 321 131 467 295 205 444 504 13.5%

Montana 3 236 152 394 212 245 426 458 7.5%

Nevada 7 317 95 432 301 125 413 431 4.4%

Oregon 6 401 131 556 370 167 544 543 -0.2%

E. Wash. 4 158 91 286 125 122 281 257 -8.5%

W. Wash. 7 403 81 512 400 127 549 534 -2.7%

Circuit Total 104 4,256 1,990 6,646 3,794 2,768 6,663 6,663 0.0%

Circuit Mean *** 327 153 511 292 213 513 513 0.0%

Circuit Median *** 321 95 512 295 167 514 504 -1.9%

Note: Case weights are based on the 1987-1993 district court time study conducted by the Federal Judicial Center. This table excludes civil

cases arising by reopening, remand, or transfer to the district by the order of the Judicial Panel on Multidistrict Litigation. Transfers and

reopens of felony defendants are included. This table excludes data for the territorial courts. Beginning October 1, 2001, data are reported

for supervised release revocation hearings previously not presented in this table. Each hearing receives a case weight of 0.25.

Weighted and Unweighted Filings Per Authorized Judgeship, 

Criminal Defendants Only, 2001

Table 19

Calendar Year Change

Senior Judge Activity 2000 2001 2000-2001

Court of Appeals

Case Hearings 1,662 1,643 -1.1%

Submitted on Briefs 2,368 1,534 -35.2%

Other Appeals 1,550 1,085 -30.0%

District Court Trials 473 423 -10.6%

Ninth Circuit Court of Appeals and 

District Court Senior Judge Activity, 2000-2001

Table 20
58 Ninth Circuit United States Courts

The Bankruptcy Appellate

Panel

All district courts within the Circuit

have issued general orders providing

for the automatic referral of bankruptcy appeals to the Bankruptcy

Appellate Panel (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. In 2001,

BAP handled 56 percent of all bankruptcy appeals, while 44 percent were

heard in district courts.

New Filings

In 2001, 844 new appeals were filed.

Of those, 470 were referred to BAP,

while 374 proceeded to the district

courts (see table). Of the 470 appeals

handled by the BAP, 188 (40 percent)

had a pro se litigant as either an

appellant or an appellee.

Dispositions

The BAP disposed of 533 appeals. Of

those, 170 appeals were merits terminations. Oral argument was held in

153 appeals and 17 appeals were submitted on briefs. Of the 170 decisions, 35 were published opinions.

The median time for an appeal decided on the merits was 9.4 months.The

remaining 363 appeals were terminated on procedural grounds, such as for

lack of prosecution, lack of jurisdiction

or based on voluntary dismissal.The

BAP ended the period with 234

appeals pending.

Appeals to the Ninth Circuit

During 2001, 241 bankruptcy appeals

were filed at the Court of Appeals for

second-level appellate review. Of these,

113 were appeals of decisions by the

BAP and 128 from decisions of the

district courts.Thus, for the 533

appeals which proceeded and were

disposed of by the BAP, 79 percent

were fully resolved with only 21 percent seeking second-level review.

Bankruptcy Appeals Decline

District Bankruptcy Appellate Panel District Court Total

Alaska 3 7 10

Arizona 59 38 97

C. Calif. 194 127 321

E. Calif. 49 33 82

N. Calif. 66 52 118

S. Calif. 28 22 50

Hawaii 5 9 14

Idaho 6 7 13

Montana 5 10 15

Nevada 29 20 49

Oregon 2 10 12

E. Wash. 5 7 12

W. Wash. 19 32 51

Total 470 (56%) 374 (44%) 844

New Bankruptcy Appeal Filings 2001

Table 2100

The number of new bankruptcy appeals filed circuit-wide decreased for the third year in a row,

down 16 percent from the previous year.

Judges of the Bankruptcy Appellate Panel-Year 2001 (left to right). Seated: Judge John

E. Ryan, Presiding Judge Barry Russell, Judge Elizabeth L. Perris. Standing: Judge James

M. Marlar, Judge Christopher M. Klein, Judge Philip H. Brandt, Judge Dennis Montali.
Annual Report 2001 59

Civil Cases Terminated Misdemeanor, Petty Offense

Pursuant to Section 636 (C) Defendants Disposed

Change Change

District 2000 2001 2000-2001 2000 2001 2000-2001

Alaska 1 1 0.0% 8 126 1475.0%

Arizona 144 207 43.8% 7,021 6,806 -3.1%

C. Calif. 438 667 52.3% 1,368 1,514 10.7%

E. Calif. 336 390 16.1% 2,209 2,375 7.5%

N. Calif. 544 458 -15.8% 937 1,158 23.6%

S. Calif. 58 43 -25.9% 191 868 354.5%

Hawaii 54 39 -27.8% 621 761 22.5%

Idaho 91 84 -7.7% 353 37 -89.5%

Montana 127 191 50.4% 125 363 190.4%

Nevada 47 32 -31.9% 1,059 734 -30.7%

Oregon 188 195 3.7% 463 632 36.5%

E. Wash. 87 109 25.3% 184 124 -32.6%

W. Wash. 107 83 -22.4% 1,101 2,079 88.8%

Circuit Total 2,222 2,499 12.5% 15,640 17,577 12.4%

Ninth Circuit Misdemeanor Defendants Disposed Of and Civil Cases 

Terminated by U.S. Magistrate Judges, Fiscal Years 2000-2001

Table 22

Magistrate Judges

The Magistrate Judges Executive Board meets in San Francisco. Left to right: Magistrate Judge

Virginia Mathis, District of Arizona; Magistrate Judge Ruben Brooks, Southern District of

California; Magistrate Judge and Committee Chair Elizabeth Laporte, Northern District of

California; and Magistrate Judge Arthur Nakazato, Central District of California. 
60 Ninth Circuit United States Courts

Language Total

Arabic 0 7 84 78 24 1 0 0 0 0 7 0 0 0 28 229

Armenian 0 0 51 172 3 4 0 0 0 0 5 0 0 0 0 235

Cantonese 0 0 99 38 165 11 0 23 0 0 89 1 0 0 32 458

Farsi 0 26 75 0 24 0 0 0 0 0 3 0 0 0 0 128

Japanese 4 0 29 1 26 0 5 18 0 0 0 0 0 0 0 83

Korean 1 0 108 0 11 11 51 13 0 0 11 1 19 2 58 286

Mandarin 0 3 183 0 65 26 53 39 0 0 11 4 2 0 10 396

Navajo 0 76 0 0 0 0 0 0 0 0 0 0 0 0 0 76

Russian 0 2 95 13 41 46 0 0 0 0 2 0 3 0 62 264

Sign 0 0 64 0 0 9 0 3 0 0 2 0 2 0 2 82

Spanish 3 30,282 4,638 2,574 2,505 19,557 0 136 190 52 1,134 0 1,417 756 700 63,944

Tagalog 0 0 107 2 23 2 36 1 0 0 1 2 0 0 9 183

Vietnamese 0 4 128 55 140 5 0 40 0 0 2 0 16 0 67 457

**All Other 0 47 192 64 79 21 10 24 1 0 23 1 3 12 24 501

Total 8 30,447 5,853 2,997 3,106 19,693 155 297 191 52 1,290 9 1,462 770 992 67,322

*Interpreter uses are calculated per event. These numbers do not indicate multiple interpreters, when in the same language, nor do

they illustrate the translation services for documents, individual orientations, group orientation workshops, or telephone interpreting.

**Languages not used more than 50 times are included in this category.

Court Interpreters: Language by District Usage, Fiscal Year 2001

Table 23

Number of Interpreter Uses* Alaska Arizona CAC CAE

CANCASGuamHawaii IdahoMontanaNevadaN. Mariana Is.Oregon WAEWAW

Court Interpreters
Annual Report 2001 61

Petit Juror Utilization Rate 

% Not Serving, Selected, 

Grand Juries Petit Juries or Challenged (NSSC)* Change

District Empaneled, 2001 Selected, 2001 2000 2001 2000-2001

Alaska 1 18 45.3% 33.6% -25.8%

Arizona 14 95 48.1% 45.3% -5.8%

C. Calif. 42 205 55.6% 57.3% 3.1%

E. Calif. 13 68 36.2% 44.9% 24.0%

N. Calif. 15 66 39.6% 46.3% 16.9%

S. Calif. 12 145 45.2% 43.5% -3.8%

Hawaii 6 27 40.6% 30.8% -24.1%

Idaho 9 23 21.2% 14.9% -29.7%

Montana 2 46 39.6% 29.2% -26.3%

Nevada 7 62 36.8% 39.5% 7.3%

Oregon 7 62 10.0% 10.7% 7.0%

E. Wash. 6 23 36.8% 35.6% -3.3%

W. Wash. 6 39 30.2% 35.6% 17.9%

Guam 3 4 35.5% 66.0% 85.9%

N. Mariana Is. 1 5 19.3% 30.5% 58.0%

Circuit Total 144 888 *** *** ***

Circuit Average 10 59 36.0% 37.6% 4.4%

National Average 10 76 37.7% 34.3% -9.0%

*The U.S. Judicial Conference has established a standard of 30 percent NSSC to evaluate a 

district’s jury management.

Juror Utilization 2000 - 2001

Table 24

Juror Utilization
62 Ninth Circuit United States Courts

Alaska

Western

Washington

Eastern

Washington

Oregon

Idaho

Montana

Nevada

Arizona

Hawaii

N. Mariana 

Islands

Guam

Eastern

California

Southern California

Central California

Northern 

California

District By District Caseloads
Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 702 660 -6.0% 220

Terminations 745 828 11.1% 276

Pending 796 628 -21.1% 209

Bankruptcy Court

Filings 1,419 1,473 3.8% 737

Terminations 1,472 1,275 -13.4% 638

Pending 1,644 1,842 12.0% 921

Authorized Judgeships

District 3

Senior 3

Bankruptcy 2

Magistrate

Full time 2

Part-time 4

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 6,614 6,581 -0.5% 548

Terminations 6,041 6,302 4.3% 525

Pending 5,235 5,514 5.3% 460

Bankruptcy Court

Filings 20,955 25,489 21.6% 2,832

Terminations 20,470 22,577 10.3% 2,509

Pending 24,336 27,248 12.0% 3,028

Authorized Judgeships

District 12

Senior 6

Bankruptcy 9

Magistrate

Full time 12

Part-time 0

Annual Report 2001 63

District of Alaska

Authorized places of holding court:

Anchorage, Fairbanks, Juneau, Kitchikan,

Kodiak, Nome

District of Arizona

Authorized places of holding court: Flagstaff,

Phoenix, Prescott, Tucson, Yuma
Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 17,499 15,143 -13.5% 561

Terminations 14,028 17,627 25.7% 653

Pending 18,552 16,068 -13.4% 595

Bankruptcy Court

Filings 80,782 88,195 9.2% 4,200

Terminations 88,938 85,151 -4.3% 4,055

Pending 43,546 46,590 7.0% 2,219

Authorized Judgeships

District 27

Senior 11

Bankruptcy 21

Magistrate

Full time 20

Part-time 2

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 5,804 4,800 -17.3% 686

Terminations 5,220 5,036 -3.5% 719

Pending 5,949 5,713 -4.0% 816

Bankruptcy Court

Filings 29,756 32,259 8.4% 4,032

Terminations 32,257 32,490 0.7% 4,061

Pending 21,474 21,243 -1.1% 2,655

Authorized Judgeships

District 7

Senior 5

Bankruptcy 8

Magistrate

Full time 8

Part-time 3

64 Ninth Circuit United States Courts

Central District of California

Authorized places of holding court: Los

Angeles, Riverside, Santa Ana

Eastern District of California

Authorized places of holding court: Fresno,

Redding, Sacramento

District By District Caseloads (continued)
Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 7,087 7,632 7.7% 545

Terminations 6,380 6,191 -3.0% 442

Pending 6,715 8,156 21.5% 583

Bankruptcy Court

Filings 19,562 19,838 1.4% 2,204

Terminations 22,176 20,919 -5.7% 2,324

Pending 24,714 23,633 -4.4% 2,626

Authorized Judgeships

District 14

Senior 7

Bankruptcy 9

Magistrate

Full time 10

Part-time 1

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 6,825 6,468 -5.2% 809

Terminations 6,654 6,279 -5.6% 785

Pending 3,416 3,605 5.5% 451

Bankruptcy Court

Filings 12,619 13,367 5.9% 3,342

Terminations 14,731 14,053 -4.6% 3,513

Pending 12,501 11,815 -5.5% 2,954

Authorized Judgeships

District 8

Senior 5

Bankruptcy 4

Magistrate

Full time 10

Part-time 0

Annual Report 2001 65

Northern District of California

Authorized places of holding court: Eureka,

Monterey, Oakland, San Francisco, San Jose,

Santa Rosa

Southern District of California

Authorized places of holding court: 

El Centro, San Diego
66 Ninth Circuit United States Courts

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 161 233 44.7% 233

Terminations 159 178 11.9% 178

Pending 179 234 30.7% 234

Bankruptcy Court

Filings 155 288 85.8% 288

Terminations 69 321 365.2% 321

Pending 258 225 -12.8% 225

Authorized Judgeships

District 1

Senior 0

Bankruptcy 0

Magistrate

Full time 0

Part-time 1

District of Guam

Authorized places of holding court: Hagatna

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 1,312 1,313 0.1% 328

Terminations 1,394 1,353 -2.9% 338

Pending 1,590 1,550 -2.5% 388

Bankruptcy Court

Filings 4,549 5,039 10.8% 5,039

Terminations 4,562 4,745 4.0% 4,745

Pending 2,588 2,882 11.4% 2,882

Authorized Judgeships

District 4

Senior 2

Bankruptcy 1

Magistrate

Full time 3

Part-time 2

District of Hawaii

Authorized places of holding court: Honolulu

District By District Caseloads (continued)
Annual Report 2001 67

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 911 852 -6.5% 426

Terminations 806 839 4.1% 420

Pending 880 893 1.5% 447

Bankruptcy Court

Filings 7,119 8,265 16.1% 4,133

Terminations 7,966 8,512 6.9% 4,256

Pending 7,708 7,464 -3.2% 3,732

Authorized Judgeships

District 2

Senior 0

Bankruptcy 2

Magistrate

Full time 2

Part-time 0

District of Idaho

Authorized places of holding court: Boise,

Coeur d’Alene, Moscow, Pocatello

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 1,227 1,172 -4.5% 391

Terminations 1,116 1,124 0.7% 374

Pending 1,138 1,186 4.2% 395

Bankruptcy Court

Filings 3,336 4,002 20.0% 2,001

Terminations 3,585 3,564 -0.6% 1,782

Pending 2,779 3,217 15.8% 1,609

Authorized Judgeships

District 3

Senior 1

Bankruptcy 2

Magistrate

Full time 3

Part-time 1

District of Montana

Authorized places of holding court: Billings,

Butte, Great Falls, Helena, Kalispell, Missoula
Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 68 76 11.8% 76

Terminations 103 79 -23.3% 79

Pending 57 54 -5.3% 54

Bankruptcy Court

Filings 15 26 73.3% 26

Terminations 8 35 337.5% 35

Pending 48 39 -18.8% 39

Authorized Judgeships

District 1

Senior 0

Bankruptcy 0

Magistrate

Full time 0

Part-time 0

68 Ninth Circuit United States Courts

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 2,825 2,857 1.1% 408

Terminations 2,865 2,750 -4.0% 393

Pending 2,886 2,993 3.7% 428

Bankruptcy Court

Filings 14,010 18,102 29.2% 4,526

Terminations 13,185 14,302 8.5% 3,576

Pending 19,724 23,524 19.3% 5,881

Authorized Judgeships

District 7

Senior 2

Bankruptcy 4

Magistrate

Full time 5

Part-time 0

District of Nevada

Authorized places of holding court: Carson

City, Elko, Ely, Las Vegas, Lovelock, Reno

District of Northern Mariana Islands

Authorized places of holding court: Saipan

District By District Caseloads (continued)
Annual Report 2001 69

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 1,226 1,068 -12.9% 267

Terminations 1,085 1,101 1.5% 275

Pending 2,108 2,075 -1.6% 519

Bankruptcy Court

Filings 8,376 10,149 21.2% 3,383

Terminations 7,507 8,960 19.4% 2,987

Pending 6,748 7,937 17.6% 2,656

Authorized Judgeships

District 4

Senior 2

Bankruptcy 3

Magistrate

Full time 2

Part-time 0

Eastern District of Washington

Authorized places of holding court: Richland,

Spokane, Walla Walla, Yakima

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 3,256 3,202 -1.7% 534

Terminations 3,069 3,120 1.7% 520

Pending 2,788 2,870 2.9% 478

Bankruptcy Court

Filings 18,227 23,038 26.4% 3,291

Terminations 18,374 21,558 17.3% 3,080

Pending 13,532 15,012 10.9% 2,145

Authorized Judgeships

District 6

Senior 6

Bankruptcy 7

Magistrate

Full time 6

Part-time 1

District of Oregon

Authorized places of holding court: Coquille,

Eugene, Klamath Falls, Medford, Pendleton,

Portland
70 Ninth Circuit United States Courts

Calendar Year Change Per Judgeship Unweighted

Caseload Measure 2000 2001 2000-2001 2001

District Court

Filings 4,294 4,000 -6.8% 571

Terminations 4,092 4,235 3.5% 605

Pending 2,925 2,690 -8.0% 384

Bankruptcy Court

Filings 22,755 26,986 18.6% 5,397

Terminations 23,006 25,066 9.0% 5,013

Pending 17,810 19,730 10.8% 3,946

Authorized Judgeships

District 7

Senior 5

Bankruptcy 5

Magistrate

Full time 4

Part-time 2

Western District of Washington

Authorized places of holding court:

Bellingham, Seattle, Tacoma

District By District Caseloads (continued)