Maryland's U.S. District Court judges already handle an average of 250 cases apiece, and the caseload is about to get heavier, with the U.S. Senate expected soon to confirm Andre Davis to a new position on the region's federal appeals court.
With one judge's seat already vacant, that would leave eight full-time judges out of 10 possible positions on one of the country's busiest courts. The shortage could hold up case processing and put a greater strain on already-strapped judges, who oversee complicated cases involving everything from antitrust issues to witness murders and gang activity.
"It is an extremely busy court, and the judges carry heavy workloads, so my hope is that filling the vacancies is a high priority," said former federal prosecutor Steve Levin, now in private practice in Baltimore.
Three additional judges are in a sort of active retirement state known as "senior status," helping to ease the burden. Still, the load can be uncomfortable, particularly when dealing with criminal cases where defendants have the right to a speedy trial.
Judge Peter J. Mesitte, who works out of the Greenbelt courthouse, took the senior status last year.
He's vowed to continue a full caseload until his vacant seat is filled.
"I'm busier than ever now," he said, adding that he'll "just keep working away until somebody is sworn in."
But it could take a year before replacements are recommended and ratified. In the meantime, another judge could decide to move into senior status: J. Frederick Motz, who was appointed to Maryland's U.S. District Court by Ronald Reagan in 1985, became eligible for the status in 2007. (In an e-mail, Motz said considering senior status involves a variety of factors, and he had not made up his mind.)
In fact, all of Maryland's U.S. District Court judges will become eligible for senior status over the next seven years, which means President Obama could exert a fair amount of influence over the state's federal judiciary if he wins a second term. Presidents make judicial nominations, which are confirmed - or rejected - by the Senate.
Already, Obama has nominated Davis to the region's traditionally conservative 4th Circuit Court of Appeals. If the proposal is approved by the Senate as expected, it will even out the Richmond-based court by adding a sixth Democratic appointment to the six sitting Republican appointments. The Senate Judiciary Committee approved the nomination early this month.
