Our system of formal dispute resolution and criminal justice
essentially relies on all the actors being in place. When you go to court, you need your
lawyer. Your opponent needs his. The court reporter keeps a record of what
goes on. The bailiff ensures public
safety and enforces decorum. The judge
presides. The judge can be the arbiter
of the dispute, or the referee of procedure.
The judge can make an enforceable ruling, or refrain from acting. The judge is an indispensable component of our
system.
How does the judge get to the bench? Under Article
II, Section 2 of the Constitution of the United States of America, federal
judges are nominated by the President and confirmed with advice and consent of
the Senate. Thus, like any initiative
that passes through Congress, the appointment of judges can be bogged down by
the democratic process and party politicking. This partisanship can be intense in judicial
appointments, as those appointments are often more enduring then legislative
positions since a federal judge keeps his or her seat for life (i.e. “during
good behavior”).
The judicial appointment process becomes increasingly
politicized in the midst of a highly contested election season. Presently, 17 appointments are being held
up in the Senate due to partisan blocking, including that of Attorney
Michael Shea for the District of Connecticut.
The delay of judicial appointments, such as that of Mr. Shea, are sorely
felt in the District
of Connecticut, where district court judge Peter C. Dorsey passed away
earlier this year, another judge is ill and judge Christopher Droney was raised
up to the Second Circuit Court of Appeals.
The result: A backlog
of civil cases without a judge to preside over them. The further result: the importation of judges
from other
districts to preside in Connecticut.
Chief U.S. District Judge Alvin Thompson has asked judges from other
districts around the country to come to Connecticut in order to relieve a
backlog of civil cases. So far, judges
from district courts in New York, Ohio, Kentucky, Montana and South Dakota are
en route or have arrived in Connecticut to attempt to help the District of
Connecticut judges out of this litigation backlog.
