New Jersey's federal judges are busier today than they have been before. One reason for the ever-increasing caseload is obvious. Today, three District of New Jersey judgeships remain vacant.
Although January 2016's confirmation and addition of the Honorable John Michael Vasquez to the District Court will undoubtedly ease some of the demands placed on the other New Jersey federal judges, the Court remains in a state of "judicial emergency." This is a designation conferred by the federal judiciary due to the District's heavy case load and number of vacancies that need to be filled through the judicial nomination and confirmation process.
New Jersey's "judicial emergency" is demonstrated, in part, by the number of weighted civil filings per judgeship, which has trended upward since 2006. This measure reflects the complexity and type of cases filed. In 2006, the number of weighted civil filings in the District was 417 per judgeship. Today, it is 659.
At present, two additional nominees await confirmation: Julien Xavier Neals, nominated to take the seat formerly held by the Honorable Faith S. Hochberg, who retired on March 6, 2015, and Brian R. Martinotti, nominated to take the seat formerly held by the Honorable Stanley R. Chesler, who assumed Senior Status on June 15, 2015.
Will these nominees — and a third unnamed individual — be confirmed before President Obama's term expires? That remains to be seen, and politics may play a significant role in answering this inquiry.
The media coverage following Justice Antonin Scalia's recent passing, the resulting vacancy on the Supreme Court, and the debate about whether a new Justice will be confirmed during President Obama's final year in office crystalizes an important point. Only the naïve can ignore the political undertones and overtures attendant to the judicial nomination and confirmation process. Just as politics affects the judicial confirmation of the next Justice of the United States Supreme Court, it also affects the confirmation of District Court judges.
However fast or slow the turn of the great political wheel, the following is certain: New Jersey's currently sitting federal judges will continue to steadfastly resolve disputes and gracefully handle New Jersey's judicial emergency.
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