Statement of Judge Robert J. Conrad, Jr., Director of the AO, Regarding Veto of the JUDGES Act

Published on December 24, 2024

Judge Robert J. Conrad, Jr., the Director of the Administrative Office of the United States Courts, issued the following statement regarding the President’s veto of S. 4199, the Judicial Understaffing Delays Getting Emergencies Solved (JUDGES) Act:

“The President’s veto of the JUDGES Act is extremely disappointing. Providing additional judgeships is essential to improving access to the courts and necessary for the efficient and effective administration of justice, as the Judiciary stated in a recent letter to the President (PDF) addressing issues raised by the Administration in objection to the bill. The judgeship legislation presented to the President reflects decades of work by the federal Judiciary and is very similar to legislation introduced in the last Congress. It is not a bill that was hastily put together. Rather it is the product of careful and detailed analysis which considers primarily the weighted caseload per active judge in each judicial district, while also factoring in the contribution of senior judges, magistrate judges and visiting judges. 

“This veto is a deviation from the long historical pattern of approving judgeship bills that awarded new judgeships to sitting Presidents. The President’s veto is contrary to the actions of Senator Biden who helped pass many of those bills. 

“It is regrettable that the Administration failed to support the federal Judiciary, and rejected this bipartisan, bicameral and interbranch agreement (PDF). The President’s veto will contribute to the pattern of growing caseloads and increasing backlogs that hurt litigants and weakens public confidence in our courts. We appreciate the support of Congress and look forward to working with them to enact essential judgeship legislation.”

New Courthouse Learning Center Teaches Minnesota Students About Judiciary

At the new learning center, students and adults alike can learn about the important role the Judiciary plays in daily life. Educational materials at the facilities include information and activities about the Constitution, landmark Supreme Court cases, federal court basics, jury service, and careers in the U.S. justice system. The center is staffed by employees of the Clerk’s Office of the U.S. District Court for the District of Minnesota.

“For many years, our judges have reached out to students and the community, but we have not had a place for visitors to learn about democracy and the rule of law,” said U.S. District Judge John R. Tunheim, who spearheaded the multi-year effort. “The Center provides a unique interactive experience and at the same time, the chance to observe a court session and talk with a judge.” 

The project was brought to life in partnership with the Minnesota Chapter of the Federal Bar Association and the Foundation of the Federal Bar Association, along with countless federal court staff and community members. 

The court hopes to attract 5,000 visitors per year to the learning center, which is located in the Warren E. Burger Federal Building and U.S. Courthouse. Planning is underway for an additional learning center in Minneapolis. 

Students See Their Future in the Judiciary as They Celebrate Bill of Rights Day

Several courtroom deputies, U.S. marshals, and court security officers also talked about their career paths, including one whose first exposure to the courts was participating in a courtroom program when he was in high school. 

“I learned that you can always change how you see your future,” said Souran Moore, a high school student who attended the program. “The judge and the other professionals gave us very important encouragement.” 

Student feedback documented that interacting with judges and court staff breaks through negative stereotypes and helps students see the difference between reality and media portrayals. 

“It was different because Judge Judy is not like this,” said high school student Isaiah Ali. “The judge I met today was way better.”  

Twenty-five schools across the nation already are participating in the Bill of Rights program in December and beyond. The court teams are planning visits virtually and in-person to help students gain a real-world understanding of the Bill of Rights and the types of careers available in the justice system. 

“We found that when we circulated the program information through the North Dakota Department of Public Instruction, many teachers expressed interest,” said U.S. Magistrate Judge Alice R. Senechal, of the District of North Dakota. “They immediately saw the potential to open up students’ horizons to careers in the courts and learn how the Bill of Rights impacts their lives.”  

Teachers interested in classroom or courtroom visits may send their requests to Rebecca Fanning, the national educational outreach manager at the Administrative Office of the U.S. Courts and she will help coordinate a visit virtually or in-person. Visits may be scheduled starting in December and until the end of the school year. 

Visit the educational resources section for additional programs and activities. 

Judge Joel M. Flaum Receives 2024 Devitt Award

Judge Joel M. Flaum, of the U.S. Court of Appeals for the Seventh Circuit, is the 2024 recipient of the Edward J. Devitt Distinguished Service to Justice Award. Flaum received the award in a Nov. 13 ceremony presided over by Chief Justice John G. Roberts, Jr., at the U.S. Supreme Court.

For 40 years, the Devitt Award has honored an Article III judge who has had a distinguished career and made significant contributions to the administration of justice, the advancement of the rule of law, and the improvement of society as a whole.

Recipients are chosen by a committee of federal judges. This year, the committee was chaired by U.S. Supreme Court Justice Amy Coney Barrett, and included Judge John Z. Lee, of the U.S. Court of Appeals for the Seventh Circuit, and U.S. District Judge Dabney L. Friedrich, of the U.S. District Court for the District of Columbia.

“Judge Flaum has given more than half of his life to the judiciary,” Justice Barrett said. “He has served the justice system with a grace and collegiality that has earned him the unanimous respect and admiration of his colleagues, and he is altogether deserving of the highest honor bestowed upon an Article III federal judge.”

“I am most grateful to be included among the outstanding judges who have previously received the Devitt Award, named after the distinguished jurist Edward J. Devitt and established by the Opperman Foundation,” Judge Flaum said. “I wish to thank the selection committee, my colleagues, and members of the bar for this honor.”

Flaum was appointed to the U.S. District Court for the Northern District of Illinois in 1974. He was elevated to the Court of Appeals for the Seventh Circuit in 1983 and served as chief judge from 2000 to 2006.

Flaum was born in Hudson, New York. He graduated from Union College in 1958 and Northwestern University School of Law in 1963. He went on to earn a Master of Laws degree from Northwestern in 1964. Flaum served as a U.S. Naval Reserve lieutenant commander in the JAG Corps, from 1981 to 1992. 

Flaum began his legal career at a Chicago law firm before entering a career in public service as an assistant state’s attorney for Cook County, Illinois, in 1965. He later became First Assistant Illinois Attorney General and was First Assistant U.S. Attorney for the Northern District of Illinois when he joined the federal bench.

According to a news release by the Dwight D. Opperman Foundation, which sponsors the Devitt Award, Flaum was nominated for the honor by all of his judicial colleagues in the Seventh Circuit Court of Appeals.

“Judge Flaum’s straightforward legal reasoning and writing, grounded in statutory text, always commands respect,” wrote the judges in their nomination submission. “He has made extraordinary contributions across multiple fields, each of which has strengthened the federal judiciary immeasurably.”

The Devitt Award is named for the late Edward J. Devitt, longtime chief judge of the U.S. District Court for the District of Minnesota.

Judiciary Releases First Annual Report on the Workplace

All federal courts have put in place an effective dispute resolution plan giving employees multiple pathways to report and address workplace concerns, and an increasing number of them are opting to use the new processes, according to the first Annual Report on the Judiciary Workplace released today.

The report details the extensive steps taken since 2018 to ensure Judiciary employees are protected from conduct that is discriminatory, harassing, retaliatory, or abusive and that they have access to effective measures to seek redress for their concerns when issues arise.

“The Judiciary is committed to ensuring that employees are treated with dignity and respect, and enjoy a workplace free from discrimination, harassment, retaliation, and abusive conduct,” wrote Judge Robert J. Conrad, Jr., the director of the Administrative Office of the U.S. Courts, in the report’s opening message.

Among the highlights in the report are:

  • As of the end of 2023, all federal courts had adopted and implemented an employment dispute resolution (EDR) plan based on the Judiciary’s Model EDR plan, approved by the Judicial Conference of the United States in 2019. Every employee now has a menu of options for redressing workplace misconduct – informal advice, assisted resolution and the filing of a formal complaint. A recent study by the Federal Judicial Center (FJC) and the National Academy of Public Administration (NAPA) found that “the three processes for dealing with possible misconduct are working well.”
  • There are now trained professionals at the national, circuit, and local court levels who can provide confidential advice to employees about their options when they have workplace concerns. In addition to the national Office of Judicial Integrity, each circuit now has a Director of Workplace Relations. DWRs are experienced working in the federal or state courts and a number of them have backgrounds in employment law.
  • To increase transparency, the Judiciary now tracks and publishes the number of Judicial Conduct and Disability (JC&D) complaints filed by Judiciary employees. The numbers show that employee-initiated JC&D complaints against judges are rare. In fiscal year 2021, 11 of 1,304 complainants in JC&D matters were Judiciary employees. The following fiscal year, just one of 1,533 JC&D complaints was brought by a Judiciary employee. In fiscal year 2023, the number was three.
  • JC&D data reflects the fact that the vast majority of JC&D complaints are filed by litigants and prisoners challenging a judge’s decision and are unrelated to the Judiciary workplace.
  • More than 40 percent of EDR matters concluded between fiscal years 2021 and 2023 were resolved through mutual agreement or settlement, an indication that the Judiciary is making progress toward its goal of addressing concerns quickly and early, without the need for adversarial proceedings.
  • The number of employees availing themselves of the new avenues increased. In fiscal year 2023, there were 94 active EDR matters across the Judiciary, a substantial increase over the 53 EDR matters in fiscal year 2021. Even though this number still represents a small fraction of Judiciary employees, the increase suggests that employees are becoming more aware of their options and increasingly willing to use them to address workplace concerns.

Two outside entities recently evaluated the Judiciary’s changes to its workplace processes and procedures – the FJC and NAPA research team and the Government Accountability Office (GAO). Both found that significant aspects of the system are working well and validated the Judiciary’s overall approach.

The GAO found that the Judiciary’s practices largely align with those recommended by the U.S. Equal Employment Opportunity Commission. The report said, “The protections that apply to judicial employees are similar to the statutory protections that apply to most federal employees. In some ways, certain protections exceed those that apply by statute to most federal employees.” 

Both reports also made recommendations for further refinements to workplace processes and procedures, which the Judiciary is studying.

Judge Conrad said, “We welcome constructive review and analysis of our processes and policies. And we take the recommendations from those outside the Judiciary seriously. Providing a safe and respectful workplace is extremely important to all of us in leadership roles, and we will continue to refine and improve our approach as time goes on.”

The annual report is the first of its kind published by the AO’s Office of Judicial Integrity. It was done in response to a recommendation from the Judiciary Workplace Conduct Working Group, an internal group made up of judges and Judiciary executives created at the direction of Chief Justice John G. Roberts, Jr., in 2018.

The Need for Additional Judgeships: Litigants Suffer When Cases Linger

Parties in civil lawsuits are not the only ones caught in legal limbo. Federal courts must prioritize their limited resources to resolve criminal cases as required under the Sixth Amendment and the Speedy Trial Act of 1974. However, with escalating electronic discovery demands, even criminal cases are taking more time to resolve than they did just five years ago. The result is defendants spending more time behind bars before a jury can decide their cases.

“There is an idea that because something is electronic discovery that it has somehow made the process easier,” said Judge Kathleen Williams, of the Southern District of Florida, whose court faces a growing backlog. “It just means that a vast, vast amount of information is now available for review, and that is going to take a significant amount of time.”

The Judiciary employs magistrate judges, senior judges, and even visiting judges to try to reduce case delays. Visiting judges — usually federal judges on senior status — temporarily volunteer their services in jurisdictions with large caseloads to help fill the gaps. But judges say these are Band-Aid measures that are insufficient to resolve case backlogs.

“We rely heavily on our Article I magistrate judges. But there are limits to their authority and while they can assist district judges, they alone cannot solve the shortage of Article III judges that we face,” said Chief Judge Colm F. Connolly, of the District of Delaware. “Oftentimes, using magistrate judges as a replacement for Article III judges creates more work for the court because the parties, especially in complex civil cases, file objections to their recommendations and request that district judges get involved anyway.”

Corrigan, of the Middle District of Florida, said, “We are grateful for our senior district judges. They have been critical to keeping our overloaded courts afloat. However, our senior judges are getting older, and they simply cannot continue to hear cases at the pace that they were able to previously and many of them are understandably retiring from the bench. We need more district judges to support the workload changes our court has seen over the last several decades.”

The last comprehensive judgeship bill for the U.S. courts of appeals and district courts, the Judicial Improvements Act of 1990, was enacted more than 30 years ago. 

In 2023, the Judicial Conference of the United States, recommended to Congress the creation of several new district and court of appeals judgeships to meet increased workload demands in certain courts. The recommendations included adding two judgeships to the courts of appeals, adding 66 judgeships to the district courts, converting seven temporary district court judgeships to permanent judgeships, and extending two temporary district court judgeships for an additional five years.

The JUDGES Act, a bill passed by the Senate and pending in the House, would meet many of the Judiciary’s needs for additional judgeships.

Federal judges fear that continued delays will erode public confidence in the Judiciary and the judicial process, steering potential litigants away from federal courts altogether.

“Without having a jury hear your case and a judge rule on legal issues in a timely manner, you stall the progression of legal precedents that are vital to economic, technological, and social advancement, and undermine public trust in the legal system,” Crane said. “Additional Article III judgeships are essential to the system’s well-being.”

Judge and Intern Forge Lasting Bond Through Shared Native Heritage

In celebration of Native American Heritage Month, a new video describes Sykes’ relationship with Saubel, and their respective professional perspectives. Saubel started her internship in 2023 while going to college and raising a family.

“Working with Rose has been one of the first times in my life and in my career that I’ve been able to work with another Native American woman,” said Sykes, of the Central District of California. “She has been an amazing intern, and an amazing colleague, an amazing sister and friend.”

“I started to change my mindset on what is possible,” said Saubel, a member of the Torres Martinez Desert Cahuilla Indian tribe. She added that Sykes, as the first Native American woman to serve as a federal judge in California, “gives not only me, but my family and my daughter, a chance to see how far we can really go.”

Learn about Native American judges in the federal Judiciary and other Native American Heritage Month resources.

Bankruptcy Filings Rise 16.2 Percent

Published on November 7, 2024

Personal and business bankruptcy filings rose 16.2 percent in the twelve-month period ending Sept. 30, 2024, compared with the previous year. 

According to statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 504,112 in the year ending September 2024, compared with 433,658 cases in the previous year.

Business filings rose 33.5 percent, from 17,051 to 22,762 in the year ending September 30, 2024. Non-business bankruptcy filings rose 15.5 percent to 481,350, compared with 416,607 in the previous year.

Bankruptcy totals for the previous 12 months are reported four times annually. For more than a decade, total filings fell steadily, from a high of nearly 1.6 million in September 2010 to a low of 380,634 in June 2022. Total filings have increased each quarter since then, but they remain far lower than historical highs.

Business and Non-Business Filings,
Years Ending
September 30, 2020-2024
Year Business Non-Business Total
2024 22,762 481,350 504,112
2023 17,051 416,607 433,658
2022 13,125 370,685 383,810
2021 16,140 418,400 434,540
2020 22,391 590,170 612,561
Total Bankruptcy Filings By Chapter,
Years Ending
September 30, 2020-2024
Year Chapter
  7 11 12 13
2024 298,644 9,012 202 195,971
2023 248,680 6,473 142 178,214
2022 229,703 4,762 182 149,077
2021 310,597 5,622 344 117,784
2020 409,164 8,188 581 194,384

The following bankruptcy filings statistics tables are available: 

  • Business and non-business bankruptcy filings for the 12-month period ending Sept. 30, 2024 (Table F-2, 12-Month),
  • A comparison of 12-month data ending September 2023 and September 2024 (Table F),
  • Filings for the most recent three months, (Table F-2, 3 Month); and filings by month (Table F-2, July, August, September),
  • Bankruptcy filings by county (Table F-5A).

For more on bankruptcy and its chapters, view the following resources:

  • Historic caseload statistics data tables
  • Federal Rules of Bankruptcy Procedure
  • General information about bankruptcy, including Bankruptcy Basics

Electronic Filing Scam Targets Attorneys

Published on November 6, 2024

Attorneys across the country are being targeted with fake electronic filing notifications, in which emails purporting to come from the federal Judiciary’s Case Management/Electronic Case Files (CM/ECF) system lead recipients to a malicious website with computer viruses.

According to the IT Security Office for the Administrative Office of the U.S. Courts, the fake Notices of Electronic Filing prompt recipients to reply immediately. Recipients are then sent an email containing a link to access fake case documents that direct users to a malicious website.

To avoid becoming a victim of the scam, be sure to always validate cases and case documentation directly through your local federal court’s CM/ECF system. Never download attachments or click on links from unofficial or questionable sources.

If you receive a suspicious email regarding a federal court case, contact the federal court in your jurisdiction before opening any attachments or links.

Visit the federal court scams page for more information about scams targeting people who interact with the federal courts.