Congress Approves Senator Feinstein's Proposal
for New Judgeships for California
October 3, 2002
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- Legislation also seeks to deter criminals from wearing body armor and continues program to reimburse states for the costs of incarcerating illegal criminal aliens -

WASHINGTON, D.C. - The U.S. Senate today approved five new Federal judgeships for San Diego as part of a Department of Justice re-authorization bill that will now become law with President Bush's signature, Senator Feinstein (D-Calif.) announced. The bill also establishes a new temporary judgeship for the Los Angeles Federal Court, one of the busiest courts in the nation.

The legislation also included the James Guelff and Chris McCurley Body Armor Act, sponsored by Senator Feinstein and Jeff Sessions (R-AL), which was named after two police officers who were killed in the line of duty by gunmen wearing body armor.

Additionally, the bill included a provision sponsored by Senator Feinstein to re-authorize the State Criminal Alien Assistance Program (SCAAP) to continue reimbursing states and local governments for the costs associated with incarcerating illegal criminal aliens.

New Judges

"The Southern District of California has not received any new judges since 1990. Thus, the eight judges who struggled to handle 1,200 felony cases in 1994, handled 3,900 in 1999," Senator Feinstein said. "There is no court in America that is more deserving of these additional judges than San Diego. This is the most overworked, understaffed court in the United States."

"In October 2000, the local judges declared a judicial emergency. The judges went so far as to publicly warn Congress that if new judgeships are not created, there was a 'substantial risk' of calamity. We pride ourselves as a nation of laws. But, our laws are only vital and strong when we give the judicial branch adequate resources to administer them. As Marilyn Huff, Chief Judge of the Southern District, has said: 'There's a certain point where you can't cut corners any more, you can't work any harder, and we've reached that point.'"

In addition to the California judgeships, the bill creates two new judgeships for the Western District of Texas and one new judgeship for the Western District of North Carolina. It also converts four existing temporary judgeships in Illinois, New York, and Virginia into permanent judgeships, and adds new temporary judgeship for Alabama, Arizona, Florida, New Mexico, North Carolina, and Texas.

James Guelff and Chris McCurley Body Armor Act:

Senator Feinstein first introduced the James Guelff Body Armor Act almost seven years ago in response to the death of San Francisco police officer James Guelff. On November 13, 1994, Guelff responded to a distress call. Upon reaching the crime scene, he was fired upon by a heavily armed suspect who was shielded by a kevlar vest and bulletproof helmet. He Guelff died in the ensuing gun fight.

The legislation was later also named after Officer Chris McCurley when Senator Sessions came on as a cosponsor and wanted to recognize an officer in his home state who was also killed by a gunman wearing body armor.

"It is unconscionable that our laws permit felons to obtain and wear body armor without restriction, when so many of our police lack comparable protection," Senator Feinstein said.

The bill directs the U.S. Sentencing Commission to provide an appropriate sentencing enhancement for any crime of violence or drug trafficking crime in which the defendant used body armor. It also makes it unlawful for a person who has been convicted of a violent felony to purchase, own, or possess body armor.

"Lee Guelff, brother of the slain officer, has worked tirelessly on behalf of this legislation for years. He wrote to me about why this legislation is so vital.

"'It's bad enough when officers have to face gunmen in possession of superior firepower... But to have to confront suspects shielded by equal or better defensive protection as well goes beyond the bounds of acceptable risk for officers and citizens alike. No officer should have to face the same set of deadly circumstances again.'"

State Criminal Alien Assistance Program:

"The control of illegal immigration is a Federal responsibility, but more and more of this burden has been shifting to State and local governments," Senator Feinstein said. "When the Federal government fails to control the nation's borders, local taxpayers should not have to foot the bill for incarcerating criminal aliens in State and local jails."

The SCAAP Program is especially significant for California, which because of its large population, continues to shoulder criminal alien incarceration costs. In fact, one out of every seven prison beds in California is occupied by an illegal alien. This bill would properly vest with the Federal government the fiscal burden of incarcerating illegal immigrants who commit crimes in our communities, so that local taxpayers do not foot the bill."

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