Reps. DeRoche, Nitz, Wenke, Rocca, Bisbee, Amos, Nofs, Gaffney, Stakoe, Ward, Shackleton, LaJoy, Huizenga, Hummel, Mortimer, Tabor, Pastor, Ehardt, Casperson, Milosch, Sheen, Hoogendyk, Steil, Vander Veen, Howell, Hune, Middaugh, Hager, Newell, Acciavatti, Caswell, Palsrok, Bradstreet, Brandenburg, DeRossett, Emmons, Farhat, Garfield, Julian, Koetje, Kooiman, Meyer, Palmer, Richardville, Shaffer, Stahl, Voorhees and Walker offered the following resolution:

            House Resolution No. 108.

            A resolution to memorialize the United States Senate and Michigan's United States Senators to act to begin the confirmation hearings on the Michigan nominees to the United States 6^th Circuit Court of Appeals.

            Whereas, The Senate of the United States is perpetuating a grave injustice and endangering the well-being of countless Americans, putting our system of justice in jeopardy in Michigan and the states of the Sixth Circuit of the federal court system; and  

            Whereas, The Senate of the United States is allowing the continued, intentional obstruction of the judicial nominations of four fine Michigan jurists: Judges Henry W. Saad, Susan B. Neilson, David W. McKeague, and Richard A. Griffin, all nominated by the President of the United States to serve on the United States 6^th Circuit Court of Appeals; and 

            Whereas, This obstruction is not only harming the lives and careers of good, qualified judicial nominees, but it is also prolonging a dire emergency in the administration of justice.  This emergency has brought home to numerous Americans the truth of the phrase “justice delayed is justice denied”; and

            Whereas, Both of Michigan's Senators continue to block the Judiciary Committee of the United States Senate from holding hearings regarding these nominees.  This refusal to allow the United States Senate to complete its constitutional duty of advice and consent is denying the nominees the opportunity to address any honest objections to their records or qualifications.  It is also denying other Senators the right to air the relevant issues and vote according to their consciences.  This is taking place during an emergency in the United States 6^th Circuit Court of Appeals with the backlog of cases; and

            Whereas, We join with the members of Michigan’s congressional delegation who wrote Chairman Orrin Hatch on February 26, 2003, to express their concern that “if the President’s nominations are permitted to be held hostage, for reasons not personal to any nominee, then these judicial seats traditionally held by judges representing the citizens of Michigan may be filled with nominees from other states within the Sixth Circuit.  This would be an injustice to the many citizens who support these judges and who have given much to their professions and government in Michigan”; and

            Whereas, We are concerned about the Sixth Circuit as a whole, a circuit court understaffed, with 4 of its 16 seats vacant, knowing that the Sixth Circuit ranks next to last out of the 12 circuit courts in the time it takes to complete its cases.  Since 1996, each active judge has had to increase his or her number of decisions by 46% -- more than three times the national average.  In the recent past, the Sixth Circuit has taken as long as 15.3 months to reach a final disposition of an appeal.  With the national average at only 10.9 months, this means the Sixth Circuit takes over 40% longer than the national average to process a case; and   

            Whereas, The last time the Sixth Circuit was this understaffed, former Chief Judge Gilbert S. Merritt said that it was handling “a caseload that is excessive by any standard.”  Judge Merritt also wrote that the court was “rapidly deteriorating, understaffed and unable to properly carry out their responsibilities”; and 

            Whereas, Decisions from the Sixth Circuit are slower in coming, based on less careful deliberation, and, as a result, are less likely to be just and predictable.  The effects on our people, our society, and our economy are far-reaching, including transaction costs.  Litigation increases as people strive to continue doing business when the lines of swift justice and clear precedent are being blurred; and

            Whereas, President Bush has done his part to alleviate this judicial crisis.  Over the past two years, he has nominated eight qualified people to the Sixth Circuit Court of Appeals, with three of them designated to address judicial emergencies.  Four of these nominees continue to languish without hearings because of the obstruction of the two Michigan Senators; now, therefore, be it

            Resolved by the House of Representatives, That we memorialize the United States Senate and Michigan's United States Senators to act to begin the confirmation hearings on the Michigan nominees to the United States 6^th Circuit Court of Appeals; and be it further

            Resolved, That copies of this resolution be transmitted to Michigan's United States Senators and to the President of the United States Senate.