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Testimony: 

Before the Subcommittee on Courts and Competition Policy, Committee on 
the Judiciary, House of Representatives: 

United States Government Accountability Office:
GAO: 

For Release on Delivery: 
Expected at 3:00 p.m. EST:
Wednesday, September 29, 2010: 

Federal Courthouse Construction: 

Better Planning, Oversight, and Courtroom Sharing Needed to Address 
Future Costs: 

Statement of Mark L. Goldstein, Director: 
Physical Infrastructure Issues: 

GAO-10-1068T: 

GAO Highlights: 

Highlights of GAO-10-1068T, a testimony before the Subcommittee on 
Courts and Compeittion Policy, Committee on the Judiciary, House of 
Representatives. 

Why GAO Did This Study: 

The federal judiciary (judiciary) and the General Services 
Administration (GSA) are in the midst of a multi-billion dollar 
courthouse construction initiative, which has faced rising 
construction costs. For 33 federal courthouses completed since 2000, 
GAO examined (1) whether they contained extra space and any costs 
related to it; (2) how their actual size compares with the 
congressionally authorized size; (3) how their space based on the 
judiciary’s 10-year estimates of judges compares with the actual 
number of judges; and (4) whether the level of courtroom sharing 
supported by the judiciary’s data could have changed the amount of 
space needed in these courthouses. This testimony is based on GAO’s 
June 2010 report; for that report, GAO analyzed courthouse planning 
and use data, visited courthouses, modeled courtroom sharing 
scenarios, and interviewed judges, GSA officials, and others. 

What GAO Found: 

The 33 federal courthouses completed since 2000 include 3.56 million 
square feet of extra space consisting of space that was constructed 
(1) above the congressionally authorized size, (2) due to 
overestimating the number of judges the courthouses would have, and 
(3) without planning for courtroom sharing among judges. Overall, this 
space represents about 9 average-sized courthouses. The estimated cost 
to construct this extra space, when adjusted to 2010 dollars, is $835 
million, and the annual cost to rent, operate and maintain it is $51 
million. 

Twenty seven of the 33 courthouses completed since 2000 exceed their 
congressionally authorized size by a total of 1.7 million square feet. 
Fifteen exceed their congressionally authorized size by more than 10 
percent, and 12 of these 15 also had total project costs that exceeded 
the estimates provided to congressional committees. However, there is 
no requirement to notify congressional committees about size overages. 
A lack of oversight by GSA, including not ensuring its space 
measurement policies were followed and a lack of focus on building 
courthouses within the congressionally authorized size, contributed to 
these size overages. 

For 23 of 28 courthouses whose space planning occurred at least 10 
years ago, the judiciary overestimated the number of judges that would 
be located in them, causing them to be larger and costlier than 
necessary. Overall, the judiciary has 119, or approximately 26 
percent, fewer judges than the 461 it estimated it would have. This 
leaves the 23 courthouses with extra courtrooms and chamber suites 
that, together, total approximately 887,000 square feet of extra 
space. A variety of factors contributed to the judiciary’s 
overestimates, including inaccurate caseload projections, difficulties 
in projecting when judges would take senior status, and long-standing 
difficulties in obtaining new authorizations. However, the degree to 
which inaccurate caseload projections contributed to inaccurate judge 
estimates cannot be measured because the judiciary did not retain the 
historic caseload projections used in planning the courthouses.
Using the judiciary’s data, GAO designed a model for courtroom 
sharing, which shows that there is enough unscheduled courtroom time 
for substantial courtroom sharing. Sharing could have reduced the 
number of courtrooms needed in courthouses built since 2000 by 126 
courtrooms—about 40 percent of the total number—covering about 946,000 
square feet of extra space. Judges raised potential challenges to 
courtroom sharing, such as uncertainty about courtroom availability, 
but those with courtroom sharing experience overcame those challenges 
when necessary, and no trials were postponed. The judiciary has 
adopted policies for future sharing for senior and magistrate judges, 
but GAO’s analysis shows that additional sharing opportunities are 
available. For example, GAO’s courtroom sharing model shows that there 
is sufficient unscheduled time for 3 district judges to share 2 
courtrooms and 3 senior judges to share 1 courtroom. 

What GAO Recommends: 

The recommendations in GAO’s related report include: GSA should (1) 
ensure courthouses are within their authorized size or provide 
notification when designed spaced exceeds authorized space (2) retain 
caseload projections to improve the accuracy of 10-year judge 
planning; and (3) establish and use courtroom sharing policies based 
on scheduling and use data. GSA and the judiciary agreed with most 
recommendations, but expressed concerns with GAO’s methodology and key 
findings. GAO believes these to be sound, as explained in the report. 

View [hyperlink, http://www.gao.gov/products/GAO-10-1068T] or key 
components. For more information, contact Mark L. Goldstein at (202) 
512-2834 or goldsteinm@gao.gov. 

[End of section] 

Mr. Chairman and Members of the Committee: 

We are pleased to be here to discuss the results of our report on 
Federal Courthouse Construction issued June 21, 2010.[Footnote 1] 
Since the early 1990s, the General Services Administration (GSA) and 
the federal judiciary (judiciary) have undertaken a multi-billion 
dollar courthouse construction initiative that has resulted in 66 new 
courthouses or annexes, with 29 additional projects in various stages 
of development. However, rising costs and other federal budget 
priorities threaten to stall the initiative. In 2008, for example, we 
found that increases in construction cost estimates for the Los 
Angeles, California courthouse had led to an impasse that has yet to 
be resolved.[Footnote 2] Also, in fiscal year 2009, the judiciary's 
rent payments totaled over $970 million. The judiciary has sought to 
reduce the payments through requests for rent exemptions from GSA and 
Congress through internal policy changes, such as annually capping 
rent growth and validating rental rates. 

This testimony, based on our report, discusses, for 33 federal 
courthouses completed since 2000, (1) whether the courthouses contain 
extra space and any costs related to that space, (2) how the actual 
sizes of the courthouses compare with the congressionally authorized 
sizes, (3) how courthouse space based on the judiciary's 10-year 
estimates of the number of judges compares with the actual number of 
judges; and (4) whether the level of courtroom sharing supported by 
data from the judiciary's 2008 study of district courtroom sharing 
could have changed the amount of space needed in these courthouses. To 
address these objectives, we analyzed planning, construction, and 
budget documents associated with all 33 federal courthouses or major 
annexes completed from 2000 through March 2010. In addition, we 
selected 7 of the federal courthouses in our scope to analyze more 
closely as case studies.[Footnote 3] We conducted the courthouse 
construction performance audit on which I am testifying from September 
2008 to June 2010 in accordance with generally accepted government 
auditing standards. Those standards require that we plan and perform 
the audit to obtain sufficient, appropriate evidence to provide a 
reasonable basis for our findings and conclusions based on our audit 
objectives. We believe that the evidence obtained provides a 
reasonable basis for our findings and conclusions based on our audit 
objectives. More detail on our scope and methodology is available in 
the full report. 

Background: 

The Administrative Office of the U.S. Courts is an organization within 
the judicial branch which serves as the central support entity for 
federal courts, and is supervised by the Judicial Conference of the 
United States. The Judicial Conference serves as the judiciary's 
principal policy-making body and recommends national policies and 
legislation, including recommending additional judgeships to Congress. 
The U.S. Courts Design Guide (Design Guide) specifies the judiciary's 
criteria for designing new court facilities and sets the space and 
design standards for court-related elements of courthouse 
construction. In 1993, the judiciary also developed a space planning 
program called AnyCourt to determine the amount of court-related space 
the judiciary will request for a new courthouse based on Design Guide 
standards and estimated staffing levels. GSA and the judiciary plan 
new federal courthouses based on the judiciary's estimated 10-year 
judge and space requirements. For courthouses that are selected for 
construction, GSA typically submits two detailed project descriptions, 
or prospectuses, for congressional authorization: one for site and 
design and the other for construction. Prospectuses are submitted to 
the Senate Committee on Environment and Public Works and the House 
Committee on Transportation and Infrastructure for authorization and 
Congress appropriates funds for courthouse projects, often at both the 
design and construction phases. GSA manages the construction contract 
and oversees the work of the construction contractor. After 
courthouses are occupied, GSA charges the judiciary and any other 
tenants rent for the occupied space and for their respective share of 
common areas. 

Extra Space in Courthouses Cost an Estimated $835 Million in Constant 
2010 Dollars to Construct and $51 Million Annually to Rent, Operate, 
and Maintain: 

Thirty-two of the 33 federal courthouses completed since 2000 include 
extra square feet of space, totaling 3.56 million square feet--
overall, this space represents about 9 average-sized courthouses. The 
estimated cost to construct this extra space, when adjusted to 2010 
dollars, is $835 million,[Footnote 4] and the annual cost to rent, 
operate, and maintain it is $51 million. The extra space and its 
causes are as follows: 

* 1.7 million square feet caused by construction in excess of 
congressional authorizations; 

* 887,000 extra square feet caused by the judiciary overestimating the 
number of judges the courthouses would have in 10 years; and: 

* 946,000 extra square feet caused by district and magistrate judges 
not sharing courtrooms.[Footnote 5] 

In addition to higher construction costs, the extra square footage in 
these 32 courthouses results in higher annual operations and 
maintenance costs, which are largely passed on to the judiciary and 
other tenants as rent. Based on our analysis of the judiciary's rent 
payments to GSA for these courthouses at fiscal year 2009 rental 
rates, the extra courtrooms and other judiciary space increase the 
judiciary's annual rent payments by $40 million. In addition, our 
analysis estimates that the extra space cost $11 million in fiscal 
year 2009 to operate and maintain.[Footnote 6] Typically, operations 
and maintenance costs represent from 60 to 85 percent of the costs of 
a facility over its lifetime, while design and construction costs 
represent about 5 to 10 percent of these costs.[Footnote 7] Therefore, 
the ongoing operations and maintenance costs for the extra square 
footage are likely to total considerably more in the long run than the 
construction costs for this extra square footage. 

GSA cited serious concerns with our methodology. Our methodology 
applied GSA's policies and data directly from original documents and 
sources, and our cost estimation methodology balanced between higher 
and lower cost construction spaces to create a conservative estimate 
of the costs associated with the extra space in courthouses. We 
believe that our findings are presented in a fair and accurate way and 
illustrate how past problems with the courthouse program could affect 
future courthouse projects. 

Most Courthouses Exceed the Congressionally Authorized Size Due to a 
Lack of Oversight by GSA: 

Twenty-seven of the 33 federal courthouses constructed since 2000 
exceed their congressionally authorized size,[Footnote 8] resulting in 
about 1.7 million more square feet than authorized. Fifteen of the 33 
courthouses exceed their congressionally authorized size by 10 percent 
or more. In all 7 of the case study courthouses, the increases in 
building common and other space were proportionally larger than the 
increases in tenant space, leading to a lower building efficiency than 
GSA's target of 67 percent.[Footnote 9] Efficiency is important 
because, for a given amount of tenant space, meeting the efficiency 
target helps control a courthouse's gross square footage and therefore 
its costs.[Footnote 10] According to GSA officials, controlling the 
gross square footage of a courthouse is the best way to control 
construction costs. 

Twelve of the 15 courthouses that exceeded the congressionally 
authorized gross square footage by 10 percent or more also had total 
project costs that exceeded the total project cost estimate provided 
to congressional authorizing committees. Four of the 15 courthouses 
had total project costs that exceeded the estimate provided to the 
congressional authorizing committees, at the construction phase, by 
about 10 percent or more. GSA's annual appropriations acts include a 
provision stating that GSA may increase spending for a project in an 
approved prospectus by more than 10 percent if GSA obtains advance 
approval from the Committee on Appropriations. While GSA sought 
approval from the appropriations committees for the cost increases 
incurred for these 4 courthouses, GSA did not explain to these 
committees that the courthouses were larger than authorized and 
therefore did not attribute any of the cost increase to this 
difference. However, there is no statutory requirement for GSA to 
notify congressional authorizing or appropriations committees if the 
size exceeds the congressionally authorized square footage. 

GSA lacked sufficient controls to ensure that the 33 courthouses were 
constructed within the congressionally authorized gross square 
footage. Initially, GSA had not established a consistent policy for 
how to measure gross square footage. GSA established a policy for 
measuring gross square footage by 2000, but has not ensured that this 
space measurement policy was understood and followed. Moreover, GSA 
has not demonstrated it is enforcing this policy because all 6 
courthouses completed since 2007 exceed their congressionally 
authorized size. According to GSA officials, the agency did not focus 
on ensuring that the authorized gross square footage was met in the 
design and construction of courthouses until 2007. 

According to a GSA official, at times, courthouses were designed to 
meet various design goals without an attempt to limit the size of the 
building common or other space to the square footage allotted in the 
plans provided to congressional authorizing committees - and these 
spaces may have become larger to serve a design goal as a result. 
Another element of GSA's lack of oversight in this area was that GSA 
relied on the architect to validate that the courthouse's design was 
within the authorized gross square footage without ensuring that the 
architect followed GSA's policies for how to measure certain commonly 
included spaces, such as atriums. Although GSA officials emphasized 
that open space for atriums would not cost as much as space completely 
built out with floors, these officials also agreed that there are 
costs associated with constructing and operating atrium space. 

Though not a result of a lack of oversight, one additional contributor 
to the construction of more tenant space than planned is that the 
judiciary's automated space planning tool, AnyCourt, incorporates a 
standard square footage requirement for each district courtroom. 
However, according to GSA's space measurement policy, the amount of a 
courtroom's square footage doubles if the courtroom spans two floors. 
Without a mechanism to adjust AnyCourt's calculation of a planned 
courthouse's square footage to reflect GSA's space measurement policy 
when the design includes two-story courtrooms, GSA may not request 
sufficient gross square footage for courthouses with two-story 
courtrooms. 

Recently, GSA has taken some steps to improve its oversight of the 
courthouse construction process by clarifying its space measurement 
policies and increasing efforts to monitor the size of courthouse 
projects during the planning stages. In May 2009, GSA published a 
revised space assignment policy to clarify and emphasize its policies 
on counting square footage. In addition, according to GSA officials, 
GSA established a collaborative effort in 2008 between its Office of 
Design and Construction and its Real Estate Portfolio Management to 
establish policy and practices for avoiding inconsistencies. It is not 
yet clear whether these steps will establish sufficient oversight to 
ensure that courthouses are planned and constructed within the 
congressionally authorized square footage. 

Estimated Space Needs Exceeded Actual Space Needs, Resulting in 
Courthouses That Were Larger than Necessary: 

Of the 33 courthouses built since 2000, 28 have reached or passed 
their 10-year planning period and 23 of those 28 courthouses have 
fewer judges than estimated. For these 28 courthouses, the judiciary 
has 119, or approximately 26 percent, fewer judges than the 461 it 
estimated it would have, resulting in approximately 887,000 extra 
square feet. The extra space includes courtroom and chamber suites as 
well as the proportional allocation of additional public, mechanical 
spaces, and sometimes secure, inside parking space in new courthouses. 
We identified a variety of factors that led the judiciary to 
overestimate the number of judges it would have after 10 years, which 
include: 

* Inaccurate caseload growth projections: In a 1993 report, we 
questioned the reliability of the caseload projection process the 
judiciary used.[Footnote 11] For this report, we were not able to 
determine the degree to which inaccurate caseload projections 
contributed to inaccurate judge estimates because the judiciary did 
not retain the historic caseload projections used in planning the 
courthouses. Judiciary officials at three of the courthouses we 
visited indicated that the estimates used in planning for these 
courthouses inadvertently overstated the growth in district case 
filings and, hence, the need for additional judges. 

* Challenges predicting how many judges will be located in a 
courthouse in 10 years: It is difficult to predict when a judge will 
take a reduced case-load through senior status or leave the bench 
entirely. It is also challenging to project how many requested 
judgeships will be authorized, how many vacancies will be filled, and 
where new judges will be seated. 

The judiciary raised concerns that some extra space in courthouses 
exist because the judiciary did not receive all the new judge 
authorizations it requested. We recognize that some of the extra 
courtrooms reflect the historic trend that the judiciary has not 
received all the additional authorized judges it has requested. 

Low Levels of Use Show That Judges Could Share Courtrooms, Reducing 
the Need for Future Courtrooms by More than One-Third: 

Our analysis indicates that courtroom sharing could have reduced the 
number of courtrooms needed in 27 of the 33 district courthouses built 
since 2000 by a total of 126 courtrooms--about 40 percent of the total 
number of district and magistrate courtrooms constructed since 2000. 
[Footnote 12] In total, not building these courtrooms, as well as, 
their associated support, building common, and other spaces, would 
have reduced construction by approximately 946,000 square feet. Most 
courthouses constructed since 2000 have enough courtrooms for all of 
the district and magistrate judges to have their own courtrooms. 
According to the judiciary's data, courtrooms are used for case-
related proceedings only a quarter of the available time or less, on 
average.[Footnote 13] Using the judiciary's data, we applied generally 
accepted modeling techniques to develop a computer model for sharing 
courtrooms. The model ensures sufficient courtroom time for all case- 
related activities; all time allotted to noncase-related activities, 
such as preparation time, ceremonies, and educational purposes; and 
all events canceled or postponed within a week of the event. The model 
shows the following courtroom sharing possibilities: 3 district judges 
could share 2 courtrooms, 3 senior judges could share 1 courtroom, and 
2 magistrate judges could share 1 courtroom with time to spare. 

During our interviews and convening of an expert panel on courtroom 
sharing, some judges remained skeptical of sharing and raised 
potential challenges to courtroom sharing, but other judges with 
sharing experience said they have overcome those challenges when 
necessary without postponing trials. The primary concern judges cited 
was the possibility that all courtrooms could be in use by other 
judges and a courtroom might not be available. To address this 
concern, we programmed our model to provide more courtroom time than 
necessary to conduct court business. Additionally, most judges with 
experience in sharing courtrooms agreed that court staff must work 
harder to coordinate with judges and all involved parties to ensure 
everyone is in the correct courtroom at the correct time. Judges who 
share courtrooms in one district also said that courtroom sharing 
coordination is easier when there is a great deal of collegiality 
among judges. Another concern about sharing courtrooms was how the 
court would manage when judges have long trials. However, when the 
number of total trials is averaged across the total number of judges, 
each judge has approximately 15 trials per year, with the median trial 
lasting 1 or 2 days.[Footnote 14] Therefore, it is highly unlikely 
that all judges in a courthouse will simultaneously have long trials. 
Another concern stated was that sharing courtrooms between district 
and magistrate judges was difficult due to differences in 
responsibilities and courtroom size. To address this concern, our 
model separated district and magistrate judges for sharing purposes. 

In 2008 and 2009, the Judicial Conference adopted sharing policies for 
future courthouses under which senior district and magistrate judges 
will share courtrooms at a rate of two judges per courtroom plus one 
additional duty courtroom for courthouses with more than two 
magistrate judges. Additionally, the conference recognized the greater 
efficiencies available in courthouses with many courtrooms and 
recommended that in courthouses with more than 10 district judges, 
district judges also share. Our model's application of the judiciary's 
data shows that more sharing opportunities are available. 

The judiciary stated that at the time the 33 courthouses we reviewed 
were planned, the judiciary's policy was for judges not to share 
courtrooms and that it would be more appropriate for us to apply that 
policy. Our congressional requesters specifically asked that we 
consider how a courtroom sharing policy could have changed the amount 
of space needed in these courthouses. The judiciary also raised 
concerns with the assumptions and methodology used in developing the 
courtroom sharing model. We carefully documented the data and 
parameters throughout our report so that our model could be replicated 
by anyone with access to the judiciary's data and familiarity with 
discrete event simulation. Our model provides one option for 
developing a sharing policy based on actual time during which 
courtrooms are scheduled and used. 

Conclusions and Prior Recommendations: 

It is important for the federal judiciary to have adequate, 
appropriate, modern facilities to carry out judicial functions. 
However, the current process for planning and constructing new 
courthouses has resulted in the 33 federal courthouses built since 
2000 being overbuilt by more than 3.5 million square feet. This extra 
space not only cost about $835 million in constant 2010 dollars to 
construct, but has additional annual costs of about $51 million in 
operations and maintenance and rent that will continue to strain GSA's 
and the judiciary's resources for years to come. This extra space 
exists because the courthouses, as built, are larger than those 
congressionally authorized; contain space for more judges than are in 
the courthouses at least 10 years after the space was planned, and, 
for the most part, were not planned with a view toward judges sharing 
courtrooms. 

Thus, in our report we recommended that the Administrator of GSA take 
the following three actions: 

* Establish sufficient internal control activities to ensure that 
regional GSA officials understand and follow GSA's space measurement 
policies throughout the planning and construction of courthouses. 
These control activities should allow for accurate comparisons of the 
size of a planned courthouse with the congressionally authorized gross 
square footage throughout the design and construction process. 

* To avoid requesting insufficient space for courtrooms based on the 
AnyCourt model's identification of courtroom space needs, establish a 
process, in cooperation with the Director of the Administrative Office 
of the U.S. Courts, by which the planning for the space needed per 
courtroom takes into account GSA's space measurement policy related to 
two-story courtrooms when relevant. 

* Report to congressional authorizing committees when the design of a 
courthouse exceeds the authorized size by more than 10 percent, 
including the reasons for the increase in size. 

We also recommend that the Director of the Administrative Office of 
the U.S. Courts, on behalf of the Judicial Conference of the United 
States take the following three actions: 

* Retain caseload projections for at least 10 years for use in 
analyzing their accuracy and incorporate additional factors into the 
judiciary's 10-year judge estimates, such as past trends in obtaining 
judgeships. 

* Expand nationwide courtroom sharing policies to more fully reflect 
the actual scheduling and use of district courtrooms. 

* Distribute information to judges on positive practices judges have 
used to overcome challenges to courtroom sharing. 

GSA and the judiciary agreed with most of the recommendations, but 
expressed concerns with GAO's methodology and key findings. GSA 
concurred with our recommendation to notify the appropriate 
Congressional committees when the square footage increase exceeds the 
maximum identified in the prospectus by 10 percent or more. GSA did 
not concur with our recommendation to establish internal controls to 
ensure that regional GSA officials understand and follow GSA's space 
measurement policies throughout the planning and construction of 
courthouses; stating that their current controls and oversight are 
sufficient. The judiciary concurred with our recommendation to expand 
sharing policies based on a thorough and considered analysis of the 
data but raised concerns related to the applicability of our model as 
guidance for its system. The judiciary did not comment directly on its 
plans to retain caseload projection but stated that it will continue 
to look for ways to improve its planning methodologies. Finally the 
judiciary did not provide comment on its intent to distribute 
information on the positive practices judges have used to overcome 
challenges to courtroom sharing. 

Mr. Chairman, this concludes our testimony. We are pleased to answer 
any questions you might have. 

Contact Information: 

For further information on this testimony, please contact Mark L. 
Goldstein, (202) 512-2834 or by e-mail at goldsteinm@gao.gov. Contact 
points for our Offices of Congressional Relations and Public Affairs 
may be found on the last page of this statement. Individuals making 
key contributions to this testimony include Keith Cunningham, 
Assistant Director; Susan Michal-Smith; and Jade Winfree. 

[End of section] 

Footnotes: 

[1] GAO, Federal Courthouse Construction: Better Planning, Oversight, 
and Courtroom Sharing Needed to Address Future Costs, [hyperlink, 
http://www.gao.gov/products/GAO-10-417] (Washington, D.C.: June 21, 
2010). 

[2] GAO, Federal Courthouse Construction: Estimated Costs to House the 
L.A. District Court Have Tripled and There Is No Consensus on How to 
Proceed, [hyperlink, http://www.gao.gov/products/GAO-08-889] 
(Washington, D.C.: Sept. 12, 2008). 

[3] The seven case study courthouses include the Bryant U.S. 
Courthouse Annex in Washington, D.C.; the Coyle U.S. Courthouse in 
Fresno, California; the D'Amato U.S. Courthouse in Central Islip, New 
York; the DeConcini U.S. Courthouse in Tucson, Arizona; the Eagleton 
U.S. Courthouse in St. Louis, Missouri; the Ferguson U.S. Courthouse 
in Miami, Florida; and the Limbaugh, Sr., U.S. Courthouse in Cape 
Girardeau, Missouri. 

[4] The estimated construction cost of the extra space was $640 
million in nominal (unadjusted) dollars. We adjusted for inflation, to 
constant 2010 dollars, using a price index for construction costs from 
the Bureau of Economic Analysis and Global Insight. 

[5] Note: these numbers do not add to 3.56 million due to rounding. 

[6] We did not attempt to calculate the rent attributable to the extra 
square footage due to exceeding congressionally authorized gross 
square footage because some of this extra square footage is for 
tenants other than the judiciary or occurs in building common or other 
space, the costs of which are not directly passed on to the judiciary 
in rent. We therefore calculated the annual operations and maintenance 
costs for all extra space due to exceeding congressionally authorized 
gross square footage and for the extra building common and other space 
due to overestimating the number of judges and judges not sharing 
courtrooms. 

[7] The remaining lifetime costs include land acquisition, planning, 
renewal/revitalizations, and disposal. 

[8] For all 33 courthouses in our scope, we used the congressionally 
authorized gross square footage for the construction of the 
courthouse. We compared the authorized gross square footage, including 
inside parking, with the actual gross square footage, including inside 
parking. 

[9] In a building with 67 percent efficiency, 67 percent of the total 
gross square footage, excluding parking, consists of tenant space and 
the remainder consists of building common and other space. 

[10] GSA defines the gross square footage of a building as the total 
constructed area of a building, which includes tenant spaces and 
building common and other spaces, such as lobbies and mechanical 
rooms--as well as indoor parking. 

[11] GAO, Federal Judiciary Space: Long-Range Planning Process Needs 
Revision, [hyperlink, http://www.gao.gov/products/GAO/GGD-93-132] 
(Washington, D.C.: Sept. 28, 1993). 

[12] Our analysis indicates that sharing would not reduce the number 
of courtrooms in six courthouses for the following reasons: four 
already had sharing between judges; one has only one district and one 
magistrate judge; and one courthouse has only bankruptcy judges and is 
out of our scope for district and magistrate sharing opportunities. 

[13] Federal Judicial Center, The Use of Courtrooms in U.S. District 
Courts: A Report to the Judicial Conference Committee on Court 
Administration & Case Management (Washington, D.C., July 18, 2008). 

[14] There are different definitions of what constitutes a trial. The 
median trial length reported here reflects Table C-8 from the 
Administrative Office of the United States Courts, 2008 Annual Report 
of the Director: Judicial Business of the United States Courts. 
(Washington, D.C., U.S Government Printing Office, 2009. 

[End of section] 

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