IT'S TIME FOR CONGRESS TO PROVIDE MORE FEDERAL JUDGESHIPS

U.S. Sens. Bob Graham and Connie Mack are again trying to increase the
number of federal judges in Florida. Recently they reintroduced their
``Florida Federal Judgeship Act,'' a bill that would provide seven new
seats in the state's Middle and Southern district courts.

The senators' proposal follows a recommendation by the U.S. Judicial
Conference and the introduction of similar legislation in the House by
U.S. Rep. Charles Canady.

The Middle District's chief judge, Elizabeth Kovachevich, has been a
relatively frequent visitor to Washington to lobby for the additional
seats. With the support of lawmakers, notably Sen. Orrin Hatch of
Utah, the Senate Judiciary Committee chairman, she may get them.

It's true that the 400-mile-long Middle District, which stretches from
Jacksonville through Orlando and Tampa and then south to Naples, is
one of the busiest in the country, with about 800 cases filed per
judge each year. The increasing activity of health scam artists here,
as well as the district's designation as a high-intensity drug
trafficking area, makes it likely the courts could become more crowded.

WE HAVE LONG called for the addition of new judges in the district and
backed a move two years ago to add three judges. We question, however,
whether five judges are necessary. Establishing a judgeship is
expensive - and permanent.

U.S. Sen. Charles Grassley of Iowa, another member of the Judiciary
Committee, said last September that he has been looking at the Middle
District and still has questions about additional judges. ``I am still
not clear on what the needs of the district are or how its caseload is
being managed. For instance, how are the many senior judges in the
district helping with the caseload? I asked the chief judge this and
all I got were the judges' certification papers that didn't say much
of anything about caseload.''

As Congress considers how many judges this district needs, we suggest
lawmakers find out how many of the pending cases here are older cases.
They should exclude from consideration decades-long litigation, such
as the Pinellas County and Hillsborough County desegregation cases.
They should find out how many of the backlogged cases deal with
fugitive defendants unlikely to be found, whose co-defendants are long
since tried and convicted. They should consider that some of the
federal forfeiture, student loan and habeas corpus cases pending are
often not that complicated and do not take up an inordinate amount of
a judge's time.

Perhaps Congress, instead of paying for five new judges, should
allocate funds so judges already in place can hire more law clerks to
assist them in their research and writing. That would, of course, lend
credence to whispers that clerks do most of a judge's work anyway, but
that's reflective of the judge, not the clerk. If there's a chance
Congress might fund new judgeships, surely members could provide money
to pay a clerk's position.

This is not to say that the district doesn't need new judges, and we
believe it needs at least three, as recommended in 1997. A new federal
courthouse in Fort Myers is nearing completion. A judge should be
assigned there permanently. That would lessen the caseload for the
five Tampa judges who now take turns hearing cases there.

WE SUSPECT the recommendation for five new judges is wishful thinking,
a bargaining chip that will be played out in Congress. What we don't
want to see is our district ignored again to the detriment of justice.
Congress should give consideration to the addition of five judges but
must, in fairness and in the interest of justice, approve at least
three.