Washington’s Court Crisis: A Deep Dive
In recent weeks, the Trump administration has highlighted a push to reduce crime in Washington, D.C. They boast about increased arrests and a dip in violent crime. However, this effort doesn’t touch the courts, which are experiencing a serious backlog due to many vacant judicial positions.
The D.C. Superior Court currently has 13 vacancies. By the start of next year, this number could rise to 15 out of 62 seats unfilled. The D.C. Court of Appeals also has two empty seats, one of which has been vacant since November 2013. This situation has persisted for years and highlights a unique challenge: judicial appointments in D.C. are made by the president and confirmed by the Senate, unlike other jurisdictions where judges are elected.
Joe Musso, president of the Trial Lawyers Association of Washington, D.C., expressed concern, saying, “With vacancy rates near 25% on the trial court, we are set up to fail those who depend on timely justice.”
The Vacancy Process
Political shifts can complicate the vacancy issue. Although Trump and President Biden appointed over 230 federal judges, D.C. judicial positions haven’t received equal focus. Recently, the Senate blocked ten of Biden’s nominees for local courts, opening the door for Trump to fill those seats with his choices.
Jeanine Pirro, the U.S. attorney for the district, emphasizes the stakes involved in delaying court appointments, stating, “It’s not just bad for the District. It’s bad for those awaiting trial that impacts their civil liberties.”
The nomination process involves the Judicial Nomination Commission, which provides a list of candidates. The president then selects nominees for Senate confirmation, making D.C.’s judicial system reliant on oversight from senators who may not fully understand its needs.
A Backlog of Cases
Cases in the D.C. Superior Court continue to pile up. As of now, serious felony trials are scheduled into late 2027 and early 2028, which Buchanan notes is unfair to both victims and defendants awaiting their day in court.
Data shows that from 2021 to 2024, new case filings surged by 83%. This year, the court is on track to meet or exceed last year’s filings, indicating a growing crisis. For example, felony filings increased by nearly 40% between 2022 and 2023.
Professors and legal experts, like Tianna Gibbs from American University, stress the urgency of this situation. “Public confidence in the courts is at stake,” she warns.
Voices from the Community
Local officials are trying to sound the alarm. D.C. Mayor Muriel Bowser points out the direct link between judicial vacancies and public safety. Eleanor Holmes Norton, a nonvoting delegate in Congress, has introduced legislation to give the D.C. Council more control over local judicial appointments, highlighting the need for swift action.
“They’re significantly impeding D.C.’s ability to try criminal cases in court,” Norton states, urging for change to avoid delayed justice.
The Bigger Picture
Despite evidence that crime rates are dropping, Trump’s administration views the deployment of federal resources as a crime-fighting necessity. Recent data indicate a reduction in crime coinciding with the National Guard’s presence, but local officials appeal for a focus beyond just policing—specifically, on filling judicial vacancies to restore equity in the legal system.
Public response to the situation is growing increasingly concerned that D.C. has been overlooked. Musso articulated this feeling: “No other jurisdiction has to jump through so many hoops to ensure justice.”
The Senate’s delays in confirming judicial nominees continue to be a point of frustration for many in the community. With the legislative process stalling, the longer judicial vacancies remain unfilled, the more strained the system becomes.
As Gibbs aptly summarizes, “When families face delays in the court, they begin to view it as broken.” And the reality is that behind every case, there are real people—waiting for the justice they deserve.