Press Release
Administrative Office of the U.S. Courts
Release Date: September 23, 1997
JUDICIAL CONFERENCE ENDORSES
COST-OF-LIVING SALARY ADJUSTMENT
FOR ALL GOVERNMENT LEADERS
The Judicial Conference of the United States today announced its support
for a cost-of-living salary adjustment (COLA) for federal judges, members
of Congress, and top officials in the executive branch. Voting on a resolution
offered from the floor during today's meeting, the Conference said that
"such an adjustment to the compensation of these officials is necessary
to protect them from increases in the cost of living that have occurred
since their last such adjustment in January 1993."
The resolution was offered by Judge Wm. Terrell Hodges, chairman of
the Conference's Executive Committee, following a report by Judge Barefoot
Sanders, chairman of the Conference's Committee on the Judicial Branch.
The salary of leaders in the three branches of the federal government
has been frozen for four years, and as a result, their compensation in
real dollars has declined 12.2 percent. During the same period, rank-and-file
federal employees received cost-of-living adjustments totaling nearly 13
percent.
While the Judicial Conference is on record supporting a COLA for leaders
of all three branches, should this not occur, the Conference urges that
Congress strongly consider the special circumstances facing judges. Unlike
most members of Congress and all cabinet members, virtually all federal
judges make a lifetime commitment and work for many years after other government
leaders have retired. If the erosion in the value of federal judicial salaries
continues, the compensation rates will fall below the minimum level needed
to attract and retain judges of the highest caliber.
Earlier this year the Conference unanimously endorsed (1) a catch-up
pay adjustment of approximately 9.6 percent to cover four lost years; (2)
the delinkage of judges' pay from Executive Schedule and congressional
pay, and linkage instead to General Schedule employees; and (3) the repeal
of Section 140 of P.L. 97-92, which requires special congressional action
for judicial salaries to increase.
In other action, the Conference:
-
In response to an American Bar Association proposal, agreed to study the
desirability, feasibility, and cost of establishing a centrally maintained,
publicly accessible electronic database of all opinions submitted by federal
courts. The Conference declined at this time to adopt the ABA's proposal
for state and federal courts to develop a standard, format-neutral case
citation system and recommend the format they can use. The Conference's
Committee on Automation and Technology and its Subcommittee on Policy and
Programs have thoroughly studied the issue, having held a public hearing,
conducted a survey of federal judges, and received and analyzed more than
600 comments from the public.
-
Reaffirmed its long-standing position that federal criminal prosecutions
should be limited to those offenses that cannot or should not be prosecuted
in state courts. The Conference's position is particularly applicable to
the prosecution of juveniles.
-
Reiterated its opposition to certain provisions in H.R. 1252, the Judicial
Reform Act of 1997. Specifically, the Conference expressed its opposition
to parts of the bill that would (1) allow for a peremptory strike of a
judge in a civil action; (2) require the random assignment of habeas corpus
cases; and (3) allow the presiding judge in appellate cases to allow media
camera access.
-
Delegated to the Director of the Administrative Office authority to grant
waivers of miscellaneous fees (excluding filing fees) following a natural
disaster, for a set period of time not to exceed one year. The waiver would
be considered upon the request of the chief judge of the affected court.
Most recently, during spring flooding in North Dakota law firms lost all
their court files. They were granted a 90-day waiver of copying fees for
those lawyers who needed to reconstruct their files in pending cases.
-
Authorized the use of digital audio recording equipment as a method of
recording court proceedings for the limited purpose of studying its use.
The one-year study will occur in a minimum of two district, two magistrate,
and two bankruptcy courtrooms. Digital audio recording is a computer-based
system that allows proceedings to be stored and retrieved through a computer
that requires specialized hardware and software. Digital audio recording
may have several potential benefits, including enhanced sound quality;
immediate and remote access to segments of the record; savings in storage
space; and the potential for simultaneous recording, playback, note taking
and transcribing capabilities for users.
-
Submitted to the President a slate of names for consideration for either
appointment or reappointment to the U.S. Sentencing Commission. The governing
statute provides that at least three of the members shall be federal judges
selected after a consideration of judges recommended to the President by
the Conference. The statute also states that not more than four of the
members shall be of the same political party. The terms of three members
are due to expire on October 31, 1997. Three additional seats on the seven-member
Commission already are vacant. At its meeting today, the Conference recommended
Judge A. David Mazzone (D. Mass.), a former commissioner, for reappointment
and submitted to the President for consideration for appointment the names
of Judges Peter Beer (E.D. La.), John C. Coughenour (W.D. Wash.), William
Enright (S.D. Cal.), Diana E. Murphy (8th Cir.), Donald E. O'Brien (N.D.
Iowa), and Gerald E. Rosen (E.D. Mich.).
The Judicial Conference of the United States is the principal policy-making
body for the federal court system. It is chaired by the Chief Justice of
the United States and 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. The Conference, which was created in 1922,
is celebrating its 75th anniversary this year. A list of Conference members
follows.
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JUDICIAL CONFERENCE OF THE UNITED STATES
September 1997
Chief Justice William H. Rehnquist, Presiding
Chief Judge Juan R. Torruella First Circuit
Chief Judge Joseph L. Tauro District of Massachusetts
Chief Judge Ralph K. Winter, Jr. Second Circuit
Chief Judge Peter C. Dorsey District of Connecticut
Chief Judge Dolores K. Sloviter Third Circuit
Chief Judge Edward N. Cahn Eastern District of Pennsylvania
Chief Judge J. Harvie Wilkinson III Fourth Circuit
Judge W. Earl Britt Eastern District of North Carolina
Chief Judge Henry A. Politz Fifth Circuit
Judge William H. Barbour, Jr. Southern District of Mississippi
Chief Judge Boyce F. Martin, Jr. Sixth Circuit
Judge Thomas A. Wiseman, Jr. Middle District of Tennessee
Chief Judge Richard A. Posner Seventh Circuit
Chief Judge Michael M. Mihm Central District of Illinois
Chief Judge Richard S. Arnold Eighth Circuit
Judge Donald E. O'Brien Northern District of Iowa
Chief Judge Procter Hug, Jr. Ninth Circuit
Chief Judge Lloyd D. George District of Nevada
Chief Judge Stephanie K. Seymour Tenth Circuit
Judge Clarence A. Brimmer District of Wyoming
Chief Judge Joseph W. Hatchett Eleventh Circuit
Judge Wm. Terrell Hodges Middle District of Florida
Chief Judge Harry T. Edwards District of Columbia Circuit
Chief Judge Norma H. Johnson District of Columbia
Chief Judge Glenn L. Archer, Jr. Federal Circuit
Chief Judge Gregory W. Carman Court of International Trade
Conference Secretary:
Leonidas Ralph Mecham, Director
Administrative Office of the U.S. Courts