2023 Annual Report

Message from the Chief

Chief Circuit Judge
Mary H. Murguia

The 2023 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.

Looking back on 2023, I continue to be impressed with the commitment of all those working for and with the Ninth Circuit to support the administration of justice in the West. My role as chief judge allows me the profound honor of serving the Ninth Circuit in multiple respects. I chair both the Executive Committee of the U.S. Court of Appeals for the Ninth Circuit and the Judicial Council of the Ninth Circuit, represent the Ninth Circuit at meetings of the Judicial Conference of the United States (JCUS), and serve as presiding judge of the 11-judge en banc court. My role also gives me the opportunity to report on the venerable work of our circuit.

In 2023, it was with great regret that we saw the passing of several judges throughout the circuit, including Associate Justice Sandra Day O’Connor (Ret.), of the U.S. Supreme Court. Justice O’Connor died on December 1, 2023, in Phoenix at the age of 93. She was the first woman appointed to the Supreme Court, and she retired in 2006 after serving more than 24 years. Please see the appreciation of how she touched the lives of many still serving in the Ninth Circuit on page 23. A tribute to all the Ninth Circuit judges who died in 2023 starts on page 20.

This report offers detailed statistical summaries of the work of judges and judiciary staff in 2023 and emphasizes important events and trends in our courts. Unless otherwise noted, statistics in this report cover fiscal year 2023, ending September 30.

Our court of appeals continued to be the nation’s busiest federal appellate court, accounting for 19.5% of all new appeals nationally, with 7,784 appeals, down 9.1% from fiscal year 2022. There were 55,933 new filings in our district courts, up 7.1% from fiscal year 2022. Bankruptcy filings in the circuit numbered 66,568, up 13.3% from the previous year, ending a three-year downward trend and slightly more than the national increase of 13% in bankruptcy filings.

Additionally, judicial appointments continued through December. We extend a warm welcome to the judges appointed in 2023—Circuit Judges Ana de Alba and Anthony D. Johnstone; District Judges Amanda K. Brailsford, Daniel J. Calabretta, Tiffany M. Cartwright, Kymberly K. Evanson, Wesley L. Hsu, Kenly Kiya Kato, Rita F. Lin, Araceli Martínez-Olguín, Adrienne C. Nelson, P. Casey Pitts, Monica Ramírez Almadani, Andrew G. Schopler, James E. Simmons Jr., Hernán D. Vera, and Jamal N. Whitehead; Bankruptcy Judge Hilary Barnes; and Magistrate Judges Michael A. Ambri, Alison S. Bachus, David T. Bristow, Stephanie S. Christensen, Steve B. Chu, Peter H. Kang, Grady J. Leupold, Angela M. Martinez, Brianna Fuller Mircheff, Michelle M. Pettit, A. Joel Richlin and Valerie E. Torres. Their photos and biographies are available starting on page 8 of this report.

Eight Ninth Circuit judges continue to sit on seven of the standing committees of the Judicial Conference of the United States, including Richard A. Paez, Committee on the Administration of the Bankruptcy System; Mark J. Bennett, Committee on Criminal Law; Morgan Christen, Committee on Federal-State Jurisdiction; M. Margaret McKeown, Committee on Judicial Conduct and Disability; Jay S. Bybee, Chair, and Sidney R. Thomas, Advisory Committee on Appellate Rules; Daniel A. Bress, Advisory Committee on Bankruptcy Rules; and Jacqueline H. Nguyen, Advisory Committee on Criminal Rules.

As part of our ongoing commitment to evolving technology, the Ninth Circuit has been working with the Second Circuit on a prototype for a state-of-the-art case-management system that will assist the Administrative Office of the U.S. Courts (AO) in developing a national replacement for CM/ECF. Our court has opened over 10,000 cases in the new system since the initial limited rollout in 2021, and we now are opening all new cases in that system. Both courts are committed to further enhancing this system to help sunset CM/ECF completely.

The Trial Improvement Committee (TIC) reviewed methods to convert and transmit electronic evidence to the court of appeals. Together, the TIC and Information Technology Committee formed the Ad Hoc Committee on Electronic Trial Exhibits to evaluate the best way to convert physical trial exhibits into electronic exhibits, among other issues. The TIC also helped develop a panel at the 2023 Ninth Circuit Judicial Conference focused on jury empanelment.

The Ninth Circuit’s Opportunity and Equality Committee (O&E Committee) continues to consider diversity in chambers. The Law Clerk Diversity Subcommittee of the O&E Committee created a video now posted on the Ninth Circuit YouTube page that has drawn over 2,000 views.

The Magistrate Judge Diversity Subcommittee has collected magistrate judge applicant information in various districts and will use that information, including demographic information, to propose ways to improve recruitment going forward.

The Space and Facilities Unit of the Office of the Circuit Executive worked to confirm space for the judiciary’s most recent additions and helped coordinate security installations for new projects and continuing occupancies. Over the past decade, space reduction efforts by court units within the Ninth Circuit have yielded more than $13 million in annual rent savings. Projects under development could lead to an additional $2 million in annual savings. The circuit continues to pursue funding for other major renovation projects in coordination with the General Services Administration. The full Space and Facilities Unit report is on page 56.

Our dedicated librarians fielded more than 7,000 research inquiries in 2023. They have also been immensely valuable to the court’s understanding of artificial intelligence. The full report is on page 46.

The Public Information and Community Outreach (PICO) Committee continued its innovative outreach efforts in civics education and community engagement. Winners of the 2023 Ninth Circuit Civics Contest for high school students – themed “The 28th Amendment—What Should Our Next Amendment Be?” – can be found on the civics contest website. Prizes ranged from $1,000 to $3,000. Our dedicated civics coordinators worked diligently to facilitate outreach events in various forms, including teachers’ institutes and mock trials at our courthouses.

The 2023 Ninth Circuit Judicial Conference in Portland brought together judges and lawyers from around the circuit. Highlights included a visit by U.S. Supreme Court Justice Elena Kagan. Of note, the Conference hosted a one-hour session with the executive board of the Affiliated Tribes of Northwest Indians; 10 tribal judges, almost all of them chief judges; and 32 U.S. district judges, including U.S. District Judge Diane J. Humetewa, of the District of Arizona and chair of the Ninth Circuit’s Ad Hoc Committee on Tribal and Native Relations. Judge Humetewa—an enrolled member of the Hopi Tribe—is the first Native American woman to serve as a federal judge.

Over a dozen of our judges received awards for their exceptional service, leadership, and commitment to our justice system. See page 29 for a complete listing of awards. Many judges in the Ninth Circuit also participated in programs aimed at helping defendants reintegrate in society, and this work does not go unnoticed.

The Appellate Lawyer Representatives conducted several meetings throughout the year, giving circuit judges a chance to hear more about practice-related issues. The Ninth Circuit’s Lawyer Representatives Coordinating Committee and lawyer volunteers circuit-wide have shown their commitment to providing meaningful pro bono service. Their efforts make a vital difference in the lives of veterans, elders, asylum seekers, and women and children. See page 51 for the pro bono efforts around the Ninth Circuit in 2023.

Finally, I extend my sincere thanks to all our judges, staff, and lawyer representatives for their commitment to the administration of justice in the Ninth Circuit. I look forward to continuing our work together.

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 comprises 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 U.S. 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 U.S. Court of Appeals for the Ninth Circuit Court is authorized 29 judgeships and ended calendar year 2023 with all of its authorized judgeships filled. The district courts were authorized 112 judgeships, eight 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, 22 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 throughout the circuit, 80 senior judges were at work, hearing cases, presiding over procedural matters, serving on committees and conducting other business in FY 2023.

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 2023, 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 e assist when courts are experiencing an increase in workload.

Overall, the U.S. Court of Appeals for the Ninth Circuit saw its caseload decrease. Total filings in district courts and bankruptcy courts in the circuit were up in fiscal year 2023. Unless otherwise noted, statistics in this report cover FY 2023 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 five advisory groups attend council meetings as observers.

In 2023, the Judicial Council of the Ninth Circuit had two new voting members and eight new observers. New voting members are Circuit Judge Bridget S. Bade and Chief District Judge Stanley A. Bastian, Eastern District of Washington. New observers are Chief District Judge David C. Nye of the District of Idaho, Chief Bankruptcy Judge August B. Landis of the District of Nevada, District Judge Cathy A. Bencivengo of the Southern District of California, Magistrate Judge Kendall J. Newman of the Eastern District of California, District Court Clerk Ravi Subramanian of the Western District of Washington, Bankruptcy Court Clerk Janet Stafford of the District of Alaska, Chief Probation Officer Brian Farren of the District of Montana and Chief Pretrial Services Officer Silvio Lugo of the Northern District of California.

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 2023, there were six petitions for review filed, two of which were resolved by the judicial council at year’s end. Additionally, the judicial council resolved six petitions for review that were received in 2022.

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 David C. Nye, of the District of Idaho, succeeded Chief District Judge G. Murray Snow, of the District of Arizona, as chair on Jan. 1, 2023.

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 Benjamin P. Hursh, of the District of Montana, served as chair of the conference in 2023. Chief Bankruptcy Judge August B. Landis, of the District of Nevada, succeeded Judge Hursh as chair on Oct. 1, 2023.

Magistrate Judges Executive Board

The Magistrate Judges Executive Board communicates to the Judicial Council of the Ninth Circuit on behalf of 125 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 Kendall J. Newman of the Eastern District of California succeeded Magistrate Judge/Clerk of Court Heather L. Kennedy, of the District of Northern Mariana Islands, as chair on Oct. 1, 2023.

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 U.S. 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.

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