Judge doubts need to split 9th Circuit.

Byline: Bill Bishop The Register-Guard

Conservatives who want to split up the 9th U.S. Circuit Court of Appeals call it the ``Notorious Ninth'' for its rulings against the mention of God in the Pledge of Allegiance, for its support of California's medical marijuana law and for other "liberal" rulings.

But people should think twice before they support politicians who want to infringe on judicial administration just because they don't agree with certain rulings, said 9th Circuit Chief Judge Mary Schroeder, who was in Eugene on Wednesday to speak at the Women's Law Forum at the University of Oregon.

"This is why you should care: The courts have been the place where people turn when other institutions of government can't solve the problem," Schroeder said. "I happen to think it (the proposed split) is a threat to the independence of the judiciary."

Besides, she added, splitting the circuit would cause delay, disruption and a lot of expense.

The circuit is the largest in the country, covering the continental Western states, Alaska, Hawaii and the Pacific Islands.

The court has 24 active judges and 23 senior judges who serve part time. They consider cases selected from 14,000 appeal requests annually.

Two proposals have been aired in the U.S. House of Representatives, one to divide the district into two, the other to split it into three. Proponents argue the circuit is too big, too liberal and out of touch with the mainstream.

But Schroeder replies that she has yet to see proof that the circuit is not administered efficiently the way it is - and that ought to be the measure considered in the debate. She said all but three of the circuit's full-time judges oppose the split.

The American Bar Association, which has studied the issue, also opposes the split.

If history is any indication, the circuit is safe as it is. In the past decade, legislation to split the district has been considered at least 15 times.

Schroeder, the first woman to be chief judge of the 9th Circuit, said her Eugene visit is aimed at inspiring women law students to become future mentors for other women, to build scholarship support for women law students and to urge government to devote more resources to education.

Schroeder, a Phoenix resident appointed to the court by President Jimmy Carter in 1979, was among only six women in her law class at the University of Chicago in 1965. Today, more than 40 percent of law students are women, but they still are not rising to the highest levels, Schroeder said.

As much as opportunities have improved for women and minorities, Schroeder said people need to be encouraged to continue the effort.

"We have accomplished a great deal in diversity. I don't think it's as much a value as it once was. We don't hear it talked about as much," she said. "We are not seeing women and minorities rising to the top levels of the legal profession as quickly as I would like."