2022 Annual Report

Message from the Chief

Chief Circuit Judge
Mary H. Murguia

The 2022 Ninth Circuit Annual Report profiles federal courts in the nine most western states, including Alaska, Hawaii, the Commonwealth of the Northern Mariana Islands and the U.S. Territory of Guam.

As chief judge, I am increasingly inspired by the collective work of judges and committee members to ensure the informed administration of justice throughout the Ninth Circuit. My perspective as chief is further informed by the amount of time I devote to a variety of administrative duties. I chair two judicial policy-making bodies: the Executive Committee of the Ninth Circuit Court of Appeals and the Judicial Council of the Ninth Circuit. I also represent the Ninth Circuit at biannual meetings of the Judicial Conference of the United States (JCUS), the judiciary’s national governing body. As chief judge I also preside when an 11-judge en banc court is convened to resolve cases posing intra-circuit legal conflicts or to consider other matters deemed to be of exceptional importance.

There is much work to be done to maintain a strong and independent judiciary. As we continue to work diligently on the tasks before us, I encourage us all to remain steadfast in our commitment to promote the public’s trust and confidence in the courts as a fair and impartial institution.

This report provides detailed statistical summaries of the work done by judges and judiciary staff in 2022 and highlights important events and trends in our courts. Our court of appeals continued to be the nation’s busiest federal appellate court, accounting for 20.5% of all new appeals nationally, with 8,559 appeals, down 9.8% from fiscal year 2021. There were 52,246 new filings in our district courts, down 11% from FY 2021. Bankruptcy filings in the circuit numbered 58,740, down 24.5% from the previous year. This is the third year of a significant drop of filings in all the bankruptcy courts throughout the circuit, representative of a national trend.

Despite the continued challenges presented by the ongoing restrictions imposed by the pandemic; I am pleased to report that the Court of Appeals for the Ninth Circuit continued to account for over 20% of the entire federal appellate caseload in the nation.

Additionally, the steady pace of judicial appointments continued through December. We extend a warm welcome to new judges appointed in 2022—Circuit Judges Gabriel P. Sanchez, Holly A. Thomas, Roopali H. Desai and Salvador Mendoza, Jr.; District Judges John H. Chun, Jacqueline Scott Corley, Ana Isabel de Alba, Maame Ewusi-Mensah Frimpong, Sherilyn Peace Garnett, Robert S. Huie, Ruth Bermudez Montenegro, Cristina D. Silva, Fred W. Slaughter, Sunshine S. Sykes, Trina L. Thompson and Anne Rachel Traum; Bankruptcy Judges Ronald A. Clifford, III, and Magdalena Reyes Bordeaux; and Magistrate Judges Jeffrey J. Armistead, Christopher D. Baker, Lisa J. Cisneros, Craig S. Denney, Alexander C. Ekstrom, Debora Kristensen Grasham, David D. Leshner and Lupe Rodriguez, Jr. Their photos and biographies are available starting on page 9 of this report. The Senate adjourned in December 2022 with one circuit judge nominee, Anthony Devos Johnstone, waiting for a Senate confirmation vote.

District Judge David G. Campbell, District of Arizona, was appointed by Supreme Court Chief Justice John G. Roberts, Jr., as chair of the JCUS Committee on International Judicial Relations, effective Oct. 1, 2022. The committee is one of the 25 JCUS standing committees, that includes the Advisory Committee on Appellate Rules that Ninth Circuit Judge Jay S. Bybee continues to chair.

The Ninth Circuit’s Fairness Committee resumed their efforts to increase law clerk and magistrate judge diversity. Their efforts continue to focus on fairness issues in the administration of justice by identifying and examining current recruitment and selection practices for law clerks and magistrate judges throughout the circuit. To that end, the committee’s Law Clerk Diversity Subcommittee recorded a video with former law clerks discussing their experiences and their perspectives on the value of a clerkship. Also, the Magistrate Judge Diversity Subcommittee collected magistrate judge applicant demographic information in four California districts. They are in the process of reviewing and analyzing the data to inform discussions for future improvements to the magistrate judge recruitment process.

The Space and Facilities Unit in the Office of the Circuit Executive for the Ninth Circuit helps court units to plan and manage facilities projects in more than a hundred federal and leased properties across our circuit. The Space and Facilities staff continues to work with court units to identify projects leading to reductions in the circuit’s annual rental/lease agreements totaling approximately $250 million. Over the last decade, these efforts have resulted in savings of more than $13 million annually. Space reduction opportunities are anticipated in several districts in the coming years. Construction of new chambers for circuit judges recently confirmed has been the focus of the space and facilities staff in 2022, while also supporting security initiatives for new construction projects.

Our Information Technology Committee continued their work in cybersecurity and improving electronic information systems. One effort focused on protecting judges’ personally identifiable information using a subscription service. Additionally, a new effort was launched to identify potential vendors for a national agreement to enhance cybersecurity. Lastly, the first in-person technology conference in three years was held in Phoenix, with over 300 attendees from both the Seventh and Ninth circuits.

The Trial Improvement Committee presented a very successful 2022 Jury Summit in April at the Sandra Day O’Connor Courthouse in Phoenix. The summit—typically held every three years but delayed an additional year due to the pandemic—is an opportunity for judges, jury administrators, clerks of court, and other experts to come together to network and observe presentations on jury and trial-related issues. Presentations included a variety of topics: Jury Instructions, Jury Questionnaires in the Digital Age, Dealing with Sensitive Issues in Jury Selection, the Future of Video in Civil Trials, Developments in Jury Trials, and the Psychology of Learning, among others.

With an expanded scope that now includes bench trials and other evidentiary proceedings as part of its jurisdiction, in August 2022 the Judicial Council of the Ninth Circuit approved for the committee to include the first bankruptcy judge member. Arizona Bankruptcy Judge Daniel P. Collins was appointed to this role in September 2022. He brings a bankruptcy perspective to the committee and will assist in identifying resources to provide additional outreach and trial assistance to the circuit’s bankruptcy judges.

The Pacific Islands Committee continues to partner with the Pacific Judicial Council to deliver educational programs for judges, court administrators, and security personnel. With travel restrictions lifted, the islands resumed in-person programming. One important effort throughout the Pacific islands is the Emotional Quotient, or EQ, Training sponsored by the Ninth Circuit and occurring in the primary grades through high schools and community education centers. Read more about this unique effort on page 41 of this report.

While schools operated virtually, the Public Information and Community Outreach (PICO) Committee continued with its innovative outreach efforts for civics education and community engagement. I am pleased to report that the 2022 Ninth Circuit Civics Contest for high school students asking about “The First Amendment and the Schoolhouse Gate: Students’ Free Speech Rights” was a great success. We awarded prizes ranging from $1,000 to $3,000. Circuit-level first-place essay winner, Kevin Guo, from the Northern District of California, and District of Montana’s first-place essay winner, Rebecca Smillie, attended the 2022 Ninth Circuit Judicial Conference in Big Sky, Montana, where I was privileged to meet them in person. The awardees participated in a panel discussion with Circuit Judge Ryan D. Nelson, Bankruptcy Judge Sandra R. Klein, and Magistrate Judge Autumn D. Spaeth. They also met Supreme Court Justice Elena Kagan, AO Director Roslynn R. Mauskopf, and many other distinguished members of the bench and bar. The link to the discussion is available at https://youtu.be/lFSN23PWSi8.

In addition, PICO wrapped up a year-long media education program enhancing circuit and district websites with materials helpful to the media, including answers to frequently asked questions and links directing media personnel to useful web pages.

This year, over two dozen judges were recognized for their exceptional service, leadership and commitment to our system of justice. Awards ranged from nationally recognized law school awards to local awards celebrating the success and commitment to public service by hometown judges. See page 28 for a complete listing of awards.

The Appellate Lawyer Representatives conducted several meetings throughout the year and provided the opportunity for circuit judges to learn about key practice-related issues. I am grateful to the Ninth Circuit’s Lawyer Representatives Coordinating Committee and lawyer volunteers circuit-wide for their commitment to providing meaningful pro bono service. Their generosity makes a significant difference in the lives of veterans, elders, asylum seekers, and women and children. See page 46 for details on the Veterans’ Treatment Court in the Southern District of California and page 39 for details on Pro Bono Work to Empower and Represent (POWER) Act activities around the Ninth Circuit in 2022.

The Appellate Lawyer Representatives conducted several meetings throughout the year and provided the opportunity for circuit judges to learn about key practice-related issues. I am grateful to the Ninth Circuit’s Lawyer Representatives Coordinating Committee and lawyer volunteers circuit-wide for their commitment to providing meaningful pro bono service. Their generosity makes a significant difference in the lives of veterans, elders, asylum seekers, and women and children. See page 46 for details on the Veterans’ Treatment Court in the Southern District of California and page 39 for details on Pro Bono Work to Empower and Represent (POWER) Act activities around the Ninth Circuit in 2022.

I hope you find the information included in this report to be a helpful resource on the work of our federal courts. Unless otherwise noted, statistics in this report cover fiscal year 2022 ending September 30.

Finally, I commend all our judges and staff for their unwavering commitment and daily contributions to the administration of justice in the West. I offer my profound thanks to all of them for their dedication and diligence and look forward to our continued work together over the next several years.

The Judicial Council of the Ninth Circuit

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.

Ninth Circuit Overview

The United States Courts for the Ninth Circuit consists of the U.S. Court of Appeals for the Ninth Circuit, the federal district and bankruptcy courts within its 15 judicial districts and associated administrative units that provide various services to the courts.

The Ninth Circuit encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington state, the U.S. Territory of Guam and the Commonwealth of the Northern Mariana Islands. It includes the U.S. Court of Appeals for the Ninth Circuit and the federal trial and bankruptcy courts in the 15 judicial districts within the circuit. The establishment of the Ninth Circuit in 1866 began the development of the federal judicial system for the western United States. It continues to be the busiest and largest federal circuit in the nation.

Judges serving on the court of appeals and district courts are known as Article III judges, a reference to the article in the Constitution establishing the federal judiciary. Nominated by the president and confirmed by the U.S. Senate, Article III judges serve lifetime appointments upon good behavior. The Ninth Circuit Court of Appeals is authorized 29 judgeships and ended calendar year 2022 with all its authorized judgeships filled. The district courts were authorized 112 judgeships, 17 of which were vacant at year’s end."

Federal courts also rely on senior circuit and senior district judges to assist with their workload. These are Article III judges who are eligible to retire but have chosen to continue working with reduced caseloads. On the Ninth Circuit Court of Appeals, 23 senior circuit judges were at work for most of the year, sitting on motions and merits panels, submitting briefs, serving on circuit and national judicial committees, and performing a variety of administrative matters. In the district courts within the circuit, 80 senior judges were at work, hearing cases, presiding over procedural matters, serving on committees and conducting other business in CY 2022.

In addition to Article III judges, the federal bench includes Article I judges, who serve as magistrate judges in the district courts and bankruptcy judges in the bankruptcy courts. Bankruptcy judges are appointed by judges of the courts of appeals and serve terms of 14 years. Magistrate judges are appointed by the judges of each district court and hold their positions for eight years. Bankruptcy and magistrate judges may be reappointed after the court conducts a performance review and considers public comment evaluations.

In 2022, bankruptcy courts in the Ninth Circuit were authorized 68 permanent and one temporary judgeship. The district courts were authorized 106 full-time and six part-time magistrate judges, and one combined position of part-time magistrate judge/clerk of court. Several courts also have recalled bankruptcy and recalled magistrate judges, who are retired but consented to return to the bench for a specified period of time to provide assistance when courts are experiencing an increase in workload.

The Ninth Circuit Court of Appeals saw a decrease in its caseload overall. Two district courts reported increased filings, while all bankruptcy courts in the circuit reported fewer filings in 2022. Unless otherwise noted, statistics in this report cover fiscal year 2022 ending September 30.

Judicial Council and Administration

The Judicial Council of the Ninth Circuit is the governing body for federal district and bankruptcy courts in nine western states and two Pacific island jurisdictions. The judicial council’s statutory mission is to support the effective and expeditious administration of justice and the safeguarding of fairness in the administration of the courts. It 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)].

The judicial council also has been delegated responsibilities by the Judicial Conference of the United States, the national governing body for the federal courts. These responsibilities include authorizing senior judge staffing levels and pay and managing the judicial misconduct complaint process.

The judicial council is chaired by the chief judge of the circuit and relies on advisory groups and committees to accomplish its governance goals. Chairs of three advisory groups attend council meetings as observers.

In 2022, the Judicial Council of the Ninth Circuit had three new voting members and seven new observers. New voting members are Circuit Judge Jacqueline H. Nguyen, Chief District Judge G. Murray Snow of the District of Arizona and Senior District Judge Timothy M. Burgess of the District of Alaska. New observers are Chief Bankruptcy Judge Benjamin P. Hursh of the District of Montana, District Court Clerk Steve W. Kenyon of the District of Idaho, Bankruptcy Court Clerk Edward J. Emmons of the Northern District of California, Chief Probation Officer Melinda G. McQuivey of the Eastern District of California and Chief Pretrial Services Officer Denise J. Jansen of the District of Nevada.

Under the Rules for Judicial-Conduct and Judicial-Disability proceedings, the Judicial Council of the Ninth Circuit considers petitions for review of the chief judge’s orders in judicial misconduct complaints. In 2022, there were 14 petitions for review, eight of which were resolved by the judicial council at year’s end.

Conference of Chief District Judges

The Conference of Chief District Judges advises the Judicial Council of the Ninth Circuit regarding the administration of justice in the circuit’s 15 district courts. The conference, which meets twice a year, is comprised of the chief district judges of each district. Chief District Judge Timothy M. Burgess of the District of Alaska served as chair of the conference until Dec. 31, 2021. Chief District Judge G. Murray Snow of the District of Arizona succeeded Judge Burgess as chair on Jan. 1, 2022.

Conference of Chief Bankruptcy Judges

The Conference of Chief Bankruptcy Judges advises the Judicial Council of the Ninth Circuit on the administration of bankruptcy courts within the circuit. The conference, which also meets two to three times per year, consists of chief bankruptcy judges from each district, the chief bankruptcy judge of the Ninth Circuit Bankruptcy Appellate Panel and a recalled bankruptcy judge representative. Chief Bankruptcy Judge Ronald H. Sargis, of the Eastern District of California, chaired the conference in 2022. Chief Bankruptcy Judge Benjamin P. Hursh of the District of Montana succeeded Judge Sargis as chair.

Magistrate Judges Executive Board

The Magistrate Judges Executive Board communicates to the Judicial Council of the Ninth Circuit on behalf of the more than 120 full-time, part-time and recalled magistrate judges serving in the district courts. The 15-member board meets twice a year and holds a session with all magistrate judges at the Ninth Circuit Judicial Conference. Magistrate Judge/Clerk of Court Heather L. Kennedy of the District of Northern Mariana Islands has served as chair of the board since October 2021.

Clerks of Court

Daily management of the courts rests with the chief judges and clerks and/or district executives of the court of appeals and each of the district and bankruptcy courts of the circuit. The clerks’ offices process new cases and appeals, handle docketing functions, respond to procedural questions from the public and bar and ensure adequate judicial staff resources. The clerk of the court for the court of appeals also 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 litigation units. The Office of the Appellate Commissioner, also in the Office of the Clerk for the United States Court of Appeals for the Ninth Circuit, reviews Criminal Justice Act vouchers for cases that come before the court of appeals.

Associated Court Units

Ninth Circuit courts also rely on several critical court-related agencies to ensure the fair administration of justice. The district courts maintain oversight of U.S. Probation and Pretrial Services offices. Pretrial services officers are responsible for background investigations and reports on defendants awaiting trial, while probation officers supervise persons convicted of federal crimes after their release into the community. Federal public defender offices are staffed by federal judiciary employees, and community defender organizations are nonprofit organizations staffed by nongovernment employees. By statute, judges of the courts of appeals select and appoint the federal public defender, while community defenders are appointed by members of the board of directors in their organization. All but one judicial district in the circuit is served by either federal public defenders or community defenders, who represent financially eligible defendants unable to afford private counsel. Such defendants in the District of Northern Mariana Islands are represented by private attorneys provided by the District of Guam and paid through the federal Criminal Justice Act.

Circuit Libraries

The Ninth Circuit Library System assists judges, attorneys, court staff and the public through a network of 22 law libraries housed in courthouses throughout the western states. The primary mission of court librarians is to provide research services to judges and their staff. Research librarians assist law clerks on case-related research by providing guidance and recommendations, offering training opportunities and performing direct research on more complex topics. Ninth Circuit librarians conduct research to assist court executives and judges in the administration of local courts and on matters involving committees of the Judicial Council of the Ninth Circuit and the Judicial Conference of the U.S. They also produce a range of publications and guides to inform the court community and increase the efficiency of court researchers. Library resources are made available to the bar and public with the level of access determined by local judges.

Office of the Circuit Executive

The Office of the Circuit Executive provides staff support to the Judicial Council of the Ninth Circuit and implements the council’s administrative decisions and policies. By statute, the circuit executive is the administrative assistant to the chief judge of the circuit and secretary to the judicial council. The circuit executive and her staff assist in identifying circuit-wide needs; conducting studies; developing and implementing policies; and providing education programming, public information and human resources support. Circuit executive staff also coordinates building and information technology projects and advises the council on procedural and ethical matters. The Office of the Circuit Executive provides management and technical assistance to courts within the circuit upon request. It also administers the Ninth Circuit Judicial Conference.

Office of Workplace Relations

The Office of Workplace Relations serves as a resource on workplace environment matters for the Ninth Circuit. The office implements and provides guidance on the Employment Dispute Resolution (EDR) Policy and all other related workplace policies. Office staff serves as a contact for employees who experience or witness workplace misconduct and wish to discuss or report such workplace misconduct. The office also consults with judges, court unit executives and staff on workplace environment issues and concerns and provides support and expert advice on diversity, equity and inclusion matters. The office oversees the development and execution of training programs on workplace relations and conduct for judges and employees.

Lawyer Representatives

Judges of the Ninth Circuit Court of Appeals and of each of the 15 district courts of the circuit appoint lawyer representatives. Lawyer representatives serve as a liaison between the federal bench and bar, fostering open communications between judges and lawyers and providing support and advice in the functioning of the courts within the circuit. Attorneys serving as lawyer representatives work closely with district, bankruptcy and magistrate judges in their home districts. They participate as members on various committees and help plan local district conferences, often serving as speakers or facilitators. Lawyer representatives also help plan the Ninth Circuit Judicial Conference, which is convened “for the purpose of considering the business of the courts and advising means of improving the administration of justice within the circuit,” pursuant to 28 U.S.C. § 333.