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Derek Muller: Judicial Vacancies Threaten the Rule of Law

Professor Muller publishes article on the federal judiciary


January 11, 2018 | Professor Derek Muller's article, "Judicial vacancies threaten the rule of law," was recently published in the Orange County Register.  The article considers California's need for more federal judges and what California's members in Congress can do to help.

Excerpt from "Judicial vacancies threaten the rule of law":

First, California’s House delegation should lead the charge in creating new federal judgeships pursuant to FJC recommendations, in California and across the country. Not all these new judgeships have to be created at once and empower one president to fill them all. Instead, new judgeships could be staggered over the next decade, as has happened in the past.

Second, California’s House delegation should also work to increase judicial salaries. Whether that occurs through an across-the-board increase or by providing cost-of-living adjustments in certain markets like southern California, it would increase the potential pool of judges by making it financially viable to accept a judgeship.

Third, California’s senators, Dianne Feinstein and Kamala Harris, should work with the White House to expedite the process to fill federal vacancies, particularly in Southern California. Yes, Donald Trump is a Republican, and they are Democrats. But there will assuredly be more vacancies in the near future, even after Trump’s term of office is complete, and there will be plenty of opportunities to continue to refill the bench.

The complete article may be found here