'Uncharted Waters': Fresno Judge Sets 'Emergency Procedures' as Resources Squeezed
"The emergency procedures announced above are being implemented reluctantly. They are not, in the undersigned's view, conducive to the fair administration of justice," U.S. District Judge Dale Drozd said in a pair of standing orders.
February 07, 2020 at 07:10 PM
4 minute read
Citing a "judicial emergency," a federal trial judge in Fresno said he will stop scheduling new civil trials as he tries to juggle two criminal dockets.
U.S. District Judge Dale Drozd of the Eastern District of California also announced in two standing orders issued Feb. 6 that he will no longer be able to hear oral arguments in all civil motions. Additionally, civil trials already scheduled through 2021 are unlikely to proceed on time, he said.
"These are uncharted waters for this court," Drozd wrote in the orders. "The emergency procedures announced above are being implemented reluctantly. They are not, in the undersigned's view, conducive to the fair administration of justice. However, the court has been placed in an untenable position in which it simply has no choice."
The Feb. 2 retirement of Judge Lawrence O'Neill left Drozd as the only non-senior district judge in the Fresno courthouse. Drozd said his focus has shifted to handling his own criminal calendar and the one once shepherded by O'Neill. Drozd's criminal standing order warns attorneys that he may find himself "juggling several cases with overlapping trial schedules and posing different Speedy Trial Act considerations."
"He's overwhelmed," said longtime Fresno attorney Anthony Capozzi.
Judges in California's Eastern District have long complained about excessive caseloads and inadequate numbers of bench positions to handle them. The 34-county court, which stretches from the Oregon border down the eastern side of California to Bakersfield, has not been given a new judgeship since 1978. Since then, the region's population has mushroomed from 2.5 million to approximately 8 million.
Until recent retirements, the Eastern District's six judges, aided by 14 magistrates, handled a caseload ranked 10th highest among the nation's 94 districts in 2019, according to federal judicial statistics.
"It has been a long-standing, systemic problem in the Eastern District that we are not adequately staffed with district court judges," said McGregor Scott, the U.S. attorney for the Eastern District who served in the office between 2003 and 2009 before returning in 2018 from Orrick, Herrington & Sutcliffe.
The Sacramento courthouse has also been hit by vacancies. U.S. District Judge Morrison England Jr. took senior status in December and underwent surgery, leaving him temporarily unable to work. U.S. District Senior Judge Garland Burrell Jr. assumed inactive senior status Dec. 31.
The Trump administration, with an initial focus on filling circuit court vacancies, has not announced any nominations to the Eastern District. The Federal Bureau of Investigation has vetted two potential candidates for the district court, said a source who was interviewed by the agency. But those names have not been formally introduced.
The Trump administration and California's two Democratic U.S. senators have been at odds over past nominees to courts in the Golden State. While Senate Republicans dropped the traditional "blue-slip" process allowing home-state senators to block nominees for circuit judges, it remains in place for district court candidates.
"Sen. Feinstein understands the critical role of judges in the Eastern District and shares concerns about the current vacancies," said Feinstein aide Adam Russell. "She and Sen. [Kamala] Harris are working to ensure that qualified, mainstream jurists are confirmed to fill those vacancies."
Scott, a Republican, called the need for more judges "a good government issue."
"This is not a partisan issue in any way, shape or form," he said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All‘Badge of Honor’: SEC Targets CyberKongz in Token Registration Dispute
3 minute readLaw Firms Mentioned
Trending Stories
- 1Aging Condo Neglect Leads to $1M Payout in Miami Beach Slip and Fall
- 2‘BiT Global Lost’: Federal Judge Won’t Stop Coinbase From Delisting wBTC Token
- 3Some Elite Universities Favor Wealthy Students in Admissions Decisions, Lawsuit Alleges
- 4Judge Asks: Should Tom Girardi Serve Sentence in a Medical Facility or Behind Bars?
- 5EPA grants California authority to ban sales of new gas cars by 2035. Action faces reversal by Trump
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250