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Judicial Conference Convenes Biannual Meeting
The Judicial Conference of the United States today received a report
on the impending crisis in courthouse construction that is facing the
federal Judiciary. Judge Norman Stahl, chair of the Conference's Committee
on Security and Facilities, reported that for the second consecutive
year it appears that there may be no funds available for federal courthouse
construction. If this occurs, the costs of construction will increase,
certain sites may be lost, and costly rents for temporary space will
have to be paid.
Judge Stahl testified last week before the House Committee on Transportation
and Infrastructure, Subcommittee on Public Buildings and Economic Development.
At the hearing he said, "In view of the current impasse on courthouse
construction funding, the costs of courthouses will needlessly increase
unless steps are taken to ensure a viable future construction program."
Many court facilities were built more than 50 years ago and have become
unsafe and overcrowded. However, the Judiciary has little recourse since
its role in the planning and construction of courthouses is limited
because it does not have independent authority to lease, construct,
plan, or design space.
In recent years the Judiciary has conducted a continuous review of
design standards to identify less costly methods of meeting functional
requirements; convened jointly with GSA a private sector panel of architects,
engineers, and construction industry professionals to suggest ways of
reducing construction costs; and addressed the impact of reducing the
ratio of courtrooms to judges and the potential for closure of underutilized
facilities.
In other action the Conference:
- Agreed to support legislation that would reduce from 30 to five
the number of days of attendance required by jurors to hear one case
in order to be eligible for additional fees. The juror attendance
fee, which is set by statute, was increased from $30 to $40 a day
in 1990. While the fee has never been intended to support or replace
salaries, it is intended to provide a minimal level of compensation
for jurors' time and effort fulfilling their civic responsibilities.
Nevertheless, for some individuals and in particular those who serve
on lengthy trials, jury service is a real financial hardship. As a
result, the Conference is endorsing legislation that would provide
that after a juror has served five days, the judge may authorize an
additional $10 a day fee. Out of 8,427 completed jury trials in FY
96, 1,908 lasted for five days or more while only 50 lasted longer
than 30 days.
- Resolved to seek vigorously a cost-of-living adjustment for federal
judges, Members of Congress, and top officials in the executive branch
for 1999. The Conference also agreed to continue to seek the repeal
of section 140 of P. L. 97-92, which requires special congressional
action for judicial salaries to increase. Further, the Conference
announced its support for the revitalization of a federal salary-fixing
entity similar to the former Commission on Executive, Legislative,
and Judicial Salaries (known as the Quadrennial Commission). During
the two decades leading up to the Ethics Reform Act of 1989, the Quadrennial
Commission played a significant role in easing some of the problems
caused by salary compression. With the Ethics Reform Act, Congress
effectively scrapped the Commission and substituted a Citizens' Commission
consisting of six appointees of the three branches of government and
five randomly selected citizens. Since the creation of the new Commission,
no money has been appropriated for it, and Congress and the President
have never appointed their members. The leaders of all three branches
of government received a 2.3 percent COLA in 1998, the first such
adjustment since January 1993.
- Approved a process to be included in the biennial judgeship surveys
for determining when to recommend that a court of appeals vacancy
not be filled or the position be eliminated. Given the unique nature
of the caseloads of the U.S. Court of Appeals for the D.C. Circuit
and U.S. Court of Appeals for the Federal Circuit, they are not part
of the newly approved process. Last year the Conference adopted a
similar approach regarding district court vacancies.
- Adopted a policy stating that if a federal judge uses a state facility
to conduct a federal proceeding, the judge remains bound by Judicial
Conference policies, including the policy on cameras in the courtroom.
In addition, the Conference agreed that when a state court is using
a federal court facility for a state court proceeding, Judicial Conference
policy regarding cameras in court shall govern.
The Judicial Conference of the United States is the principal policy-making
body for the federal court system. The Chief Justice serves as the presiding
officer of the Conference, which is composed of the chief judges of
the 13 courts of appeals, a district judge from each of the 12 geographic
circuits, and the chief judge of the Court of International Trade. The
Conference meets twice a year to consider administrative and policy
issues affecting the court system and to make recommendations to Congress
concerning legislation involving the Judicial Branch. A list of Conference
members is attached.
JUDICIAL CONFERENCE OF THE UNITED STATES
March 1998
Chief Justice William H. Rehnquist, Presiding
Chief Judge Juan R. Torruella
Judge Joseph A. DiClerico, Jr. |
First Circuit
District of New Hampshire |
Chief Judge Ralph K. Winter, Jr.
Judge Peter C. Dorsey
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Second Circuit
District of Connecticut
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Chief Judge Edward R. Becker
Chief Judge Donald E. Ziegler
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Third Circuit
Western District of Pennsylvania
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Chief Judge J. Harvie Wilkinson III
Chief Judge Charles H. Haden II
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Fourth Circuit
Southern District of West Virginia
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Chief Judge Henry A. Politz
Judge William H. Barbour, Jr.
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Fifth Circuit
Southern District of Mississippi
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Chief Judge Boyce F. Martin, Jr.
Judge Thomas A. Wiseman, Jr.* |
Sixth Circuit
Middle District of Tennessee
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Chief Judge Richard A. Posner
Judge Robert L. Miller, Jr.
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Seventh Circuit
Northern District of Indiana
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Chief Judge Richard S. Arnold
Judge James M. Rosenbaum
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Eighth Circuit
District of Minnesota
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Chief Judge Procter Hug, Jr.
Judge Lloyd D. George
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Ninth Circuit
District of Nevada
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Chief Judge Stephanie K. Seymour
Judge Ralph G. Thompson
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Tenth Circuit
Western District of Oklahoma
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Chief Judge Joseph W. Hatchett
Judge Wm. Terrell Hodges
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Eleventh Circuit
Middle District of Florida
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Chief Judge Harry T. Edwards
Chief Judge Norma H. Johnson
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District of Columbia Circuit
District of Columbia
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Chief Judge H. Robert Mayer
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Federal Circuit |
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Chief Judge Gregory W. Carman
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Court of International Trade
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Conference Secretary:
Leonidas Ralph Mecham, Director
Administrative Office of U.S. Courts
* Judge
Julia Gibbons (TN,W) has been designated to attend in Judge Wiseman's
place.
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