Jurisdiction of Committees of the
Judicial Conference of the United States
(As approved by the Executive Committee, effective March 12, 2007)
Committees:
The Executive Committee: The senior executive arm of the Judicial Conference.
Act on behalf of the Judicial Conference between regular sessions, after consultation with the relevant Judicial Conference committee, on any matter
requiring emergency action, and report to the Judicial Conference at its next
session or more promptly, as necessary.
Prepare the discussion and consent calendars for meetings of the Judicial
Conference. In its review of the report submitted by each Judicial Conference
committee in connection with calendar preparation, the Committee may, from
time to time, call to the submitting committee's attention aspects of its report
that may be problematic so that the submitting committee will have the
opportunity to reconsider whether to submit its report to the Judicial Conference
with no change (as is its right), or to modify its report before submission to the
Judicial Conference, or to take other action.
Establish and publish procedures for assembling Judicial Conference and
committee agendas.
Review, revise, and publish statements of committee jurisdiction, and resolve questions as to whether a given matter falls within the jurisdiction of a particular
committee. Assign matters of first impression to the appropriate committee.
Receive every five years a recommendation from each committee as to whether
that committee should be maintained or abolished, together with a justification
for that recommendation, and make appropriate recommendations to the Judicial
Conference.
Make recommendations to the Judicial Conference and its committees with
respect to the needs of the judiciary that, in its view, should be addressed or
planned for.
Working with the Director of the Administrative Office, fashion spending plans for the federal judiciary's congressionally approved appropriations.
Coordinate legislative liaison on behalf of the Judicial Conference and maintain and improve relationships between the judiciary and the legislative and executive branches. However, each committee will continue to be responsible for developing for Judicial Conference consideration substantive positions on legislative matters within its area of assigned responsibility.
Perform such other duties as may be delegated by the Judicial Conference or the Chief Justice.
Confer from time to time with the Chief Justice.
Facilitate and coordinate the federal judiciary's planning activities.
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Committee on the Administrative Office: To oversee generally the operations of the Administrative Office.
Perform general oversight of Administrative Office operations, recognizing that the Director is responsible for day-to-day managerial and administrative matters.
Receive, consider, and respond to complaints and suggestions concerning operations of the Administrative Office and recommend appropriate action to the Director.
Oversee the audit, review, and investigative assistance activities of the Administrative Office and recommend actions by the Administrative Office to address recurring issues.
Conduct studies of the operations of the Administrative Office as requested by the Judicial Conference.
Assist the Administrative Office in achieving an optimum working relationship with all components of the Judicial Branch.
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Committee on the Administration of the Bankruptcy System: To oversee the bankruptcy system.
Monitor, analyze, and propose legislation affecting bankruptcy operations,
including their impact on the entire judiciary, for consideration by the Judicial
Conference.
Make recommendations to the Judicial Conference on bankruptcy judicial
resource matters, including, but not limited to, matters involving: the number
and location of bankruptcy judges; the allocation and management of bankruptcy
judicial resources (through intercircuit assignments and other techniques); the
selection, appointment, and reappointment of bankruptcy judges by the court of
appeals; and the recall of retired bankruptcy judges.
Review and make recommendations to the Judicial Conference (or to
appropriate Conference committees) regarding issues affecting the office of
bankruptcy judge, such as salaries, retirement benefits, and staff and support
services.
Monitor, review, and make recommendations to the Judicial Conference (or to
appropriate Conference committees) regarding issues affecting the operation of
the bankruptcy system, including, but not limited to matters involving:
bankruptcy appeals, case management, court governance, proposed federal rules
of bankruptcy practice and procedure, statistical workload information and
projections, the consolidation of court units, the staffing formula for bankruptcy
clerks' offices, and the need for nonjudicial bankruptcy personnel not covered by
the staffing formula.
Monitor and, as appropriate, make recommendations to the Judicial Conference
and the Director of the Administrative Office regarding matters involving the
operation and administration of the bankruptcy administrator program and the
relationship with U.S. trustees concerning estate administration.
Propose adequate funding resources when the budget is being formulated to
support the programs within the committee's jurisdiction, taking into account the overall fiscal situation of the judiciary, and monitor the condition of the fund
held in escrow to pay the chapter 7 trustees.
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Committee on the Budget: To assemble and present to Congress the budget for the judicial branch.
Consult with Judicial Conference committees on proposals with budgetary
implications and their justification, including revenue enhancement proposals
such as new fees.
Consult with committee chairs to formulate and present for approval of the
Judicial Conference a budget request to Congress for the courts of appeals,
district courts, bankruptcy courts, other units of the judicial branch, and the
Administrative Office. Propose appropriate funding levels, as necessary,
working with the Judicial Conference and relevant committee chairs to arrive at
those levels.
Assist the judiciary's efforts to improve fiscal responsibility, accountability, and
efficiency in overall operations.
Make recommendations as appropriate on ways to develop and execute the
budget of the judiciary in a logical and accountable manner, including specific
line-item budgetary reductions.
Present and defend the budget approved by the Judicial Conference to Congress.
Monitor reports of expenditure of appropriated funds.
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Committee on Codes of Conduct: To provide advice, training, and other information on the application of the Code of Conduct for United States Judges and other judicial branch codes of conduct and Titles III and VI of the Ethics Reform Act of 1989, as amended; to implement statutory provisions relating to deferral of capital gains tax on certain ethics-based divestitures of property by judicial officers; and to recommend policies concerning matters of judicial ethics.
Render confidential advisory opinions on the application of the codes in response to confidential inquiries from persons bound by a code adopted by the Judicial Conference.
Render confidential advisory opinions, in response to confidential inquiries, concerning the application of other codes of conduct binding on officers and employees of the Tax Court, the Court of Veterans Appeals, and other entities of the judicial branch so long as (1) the relevant code is substantially identical in all material respects to a code adopted by the Judicial Conference, and (2) the judicial branch entity served by the inquirer has requested that the Committee render confidential advisory opinions to its officers and employees concerning the relevant code.
Render confidential advisory opinions interpreting Titles III (relating to gifts to federal employees) and VI (relating to limitations on outside earned income, honoraria, and outside employment) of the Ethics Reform Act of 1989, as amended, in response to confidential inquiries from judicial officers and employees of the judicial branch, except those of the Supreme Court and the Federal Judicial Center.
Publish such advisory opinions, after appropriate redaction to preserve privacy interests, on issues frequently raised or of broad application.
Make policy recommendations to the Judicial Conference on matters of judicial ethics, including proposals to adopt or pursue code and statutory modifications.
Determine whether divestiture of specific property is reasonably necessary to comply with federal conflict of interest requirements and issue certificates of divestiture, under 26 U.S.C. (I.R.C.) § 1043, to judicial officers other than Supreme Court Justices.
Educate and inform judicial officers and employees about their ethical responsibilities under the foregoing provisions.
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Committee on Court Administration and Case Management: To study and make recommendations on matters affecting case management; the operation of appellate,
district and bankruptcy clerks' offices; jury administration; and other court operational matters.
Monitor all case management activity of the appellate and district courts, and
make recommendations for changes and improvements.
Make recommendations on proposals (including proposed legislation and
proposed federal rules) involving matters including, but not limited to: court
administration and organization; alternative dispute resolution; attorney
admission and discipline; case management of mass tort litigation; miscellaneous and filing fees; the lawbook and library program; records
management; places of holding court; methods of court reporting and court
interpreting; and the operation of grand and petit juries.
Review initiatives on the development of electronic technologies for the courts
for their effect on case management and the administration of justice, and make
policy recommendations when appropriate.
Review matters affecting the operation of appellate, district and bankruptcy
clerks' offices and make recommendations for changes in related administrative
practices, federal rules, and legislation.
Review the staffing formulae for the appellate, district, and bankruptcy clerks'
offices and recommend any revisions to such formulae to the Committee on
Judicial Resources.
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Committee on Criminal Law: To oversee the federal probation and pretrial services system and review legislation and other issues relating to the administration of the criminal law.
Monitor and analyze for Judicial Conference consideration legislation affecting
the administration of criminal justice.
Make recommendations to the Judicial Conference regarding exercise of the
Judicial Conference's authority over sentencing institutes under 28 U.S.C. § 334.
Provide oversight of the implementation of sentencing guidelines and make
recommendations to the Judicial Conference with regard to proposed
amendments to the guidelines, including proposals that would increase their
flexibility.
Make recommendations to the Judicial Conference in meeting its and the
probation system's responsibilities to submit an annual report to the Sentencing
Commission (28 U.S.C. § 994 (o)).
Assure that working relationships are maintained and developed with the
Department of Justice, Bureau of Prisons, United States Parole Commission, and
United States Sentencing Commission, with respect to issues falling within the
Committee's jurisdiction.
Propose to the Judicial Conference or Director of the Administrative Office, as
appropriate, policies and standards on issues affecting the probation system,
pretrial services, presentence investigation procedures, disclosure of presentence
reports, sentencing and sentencing guidelines, supervision of offenders released
on probation and parole and on supervised release, drug aftercare services,
witness protection, and interdistrict transfer of offenders under supervision.
Recommend to the Committee on Judicial Resources standards of employment
for employees in probation and pretrial services.
Monitor the workload and operations of probation and pretrial services offices
and when the budget is being formulated, propose adequate funding and
resources to support these operations, taking into account the overall fiscal
situation of the judiciary. Review the staffing formulae for probation and
pretrial services offices and recommend such formulae and any revisions to the
Committee on Judicial Resources.
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Committee on Defender Services: To oversee the provision of legal representation to defendants in criminal cases who cannot afford an adequate defense.
Provide general policy guidance in interpretation and application of the Criminal Justice Act and related statutes, including approving non-controversial revisions to the Guidelines for the Administration of the Criminal Justice Act and Related Statutes, recommending approval to the Judicial Conference for other amendments to these guidelines, and reviewing and modifying forms used by the courts in administering the Act and related statutes.
Review budget and grant requests (including staffing) of Federal Public and Community Defender Organizations, and approve appropriate amounts.
Review the Administrative Office's fiscal reports concerning appointments and payments under the Criminal Justice Act.
Monitor, analyze, and propose for Judicial Conference consideration legislation affecting the appointment and compensation of counsel and, where appropriate, make recommendations to other Judicial Conference committees and to the Judicial Conference regarding issues which impact upon the defender services program.
Ensure, to the extent possible, adequate and appropriate training of all persons providing representational services under the Criminal Justice Act.
Monitor the expenditure of Criminal Justice Act funds, advise the Judicial Conference of developments in the defender services program which require additional resources, and, when the budget is being formulated, propose adequate funding and resources to support the defender services program taking into account the overall fiscal situation of the judiciary.
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Committee on Federal-State Jurisdiction: To analyze proposed changes in federal jurisdiction and to serve as liaison with state courts.
Make recommendations on proposals regarding elimination, modification or
creation of new federal jurisdiction (including diversity), creation of new courts,
territorial issues, and revision of venue provisions.
Serve as the conduit for communication on matters of mutual concern between
the federal judiciary and state courts and their support organizations such as the
National Center for State Courts, the Conference of Chief Justices, and the State
Justice Institute.
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Committee on Financial Disclosure: To supervise the filing of financial disclosure reports by judicial officers and employees.
Review financial disclosure reports filed by judges and other judicial branch
officers and employees, as required by the Ethics in Government Act, and
respond to requests for redaction of such reports, consistent with the Regulations
of the Judicial Conference of the United States on Access to Financial
Disclosure Reports Filed by Judges and Judiciary Employees Under the Ethics in
Government Act of 1978, as Amended.
Approve and modify reporting forms and instructions, as necessary.
Respond to inquiries regarding financial disclosure matters from judges,
employees, and the public.
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Committee on Information Technology: To provide general policy recommendations, planning, and oversight of the judiciary information technology program.
Recommend to the Judicial Conference broad information technology goals,
objectives, and priorities.
Develop and propose national information resources management (IRM)
policies which will promote the effective and efficient use of automation in the
courts.
Coordinate the development of, and approve for submission to the Judicial
Conference, the Long Range Plan for Information Technology in the Federal
Judiciary.
Conduct ongoing evaluations of existing systems and make recommendations
for changes, as necessary.
When the budget is being formulated, propose adequate funding and resources
to support the information technology programs, including relevant education
and training, electronic public access, and voice telecommunications programs, taking into account the overall fiscal situation of the judiciary. Make recommendations on information technology staffing issues to the Committee on Judicial Resources.
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Committee on Intercircuit Assignments: To assist the Chief Justice in assigning and designating Article III judges for service outside their circuits.
Review requests from chief circuit judges for the assignment of judges from
other circuits or national courts.
Receive or request offers from judges to serve outside their circuits or national
courts.
Recommend to the Chief Justice disposition of requests for and offers of judicial
assistance.
Recommend for the approval of the Chief Justice guidelines governing the
intercircuit assignments of judges.
Identify courts with excessive caseloads and provide information to those courts
regarding the use of supplemental judgepower through intercircuit assignments.
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Committee on International Judicial Relations: To coordinate the federal judiciary's
relationship with foreign judiciaries and with official and unofficial agencies and
organizations interested in international judicial relations, and the establishment and
expansion of the rule of law and the administration of justice, and to make
recommendations as appropriate to the Chief Justice, Judicial Conference of the United
States, and other judicial entities.
Serve as a conduit for communication on matters of mutual concern between the
Chief Justice, the Judicial Conference, the federal judiciary, and foreign courts
and international judicial organizations.
Coordinate and respond to requests from foreign judges and court managers, and
agencies representing their interests, and international organizations concerned
with the rule of law and the administration of justice.
In cooperation with executive branch and private agencies, facilitate the
development and administration of programs designed to assist foreign judges
and court managers such as the translation and dissemination of materials about
the United States and its judicial system.
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Committee on the Judicial Branch: To address problems affecting the judiciary as an institution and affecting the status of federal judicial officers.
Advise and make recommendations to the Judicial Conference on matters
relating to judges' salaries, benefits, and other perquisites.
Review and advise the Judicial Conference on appropriate changes to the Travel
Regulations for United States Justices and Judges.
Disseminate information and promote interest throughout the judiciary regarding
the financial status of judges and the viability of the judicial office as a lifetime
calling.
Study and report to the Judicial Conference on past, present, and possible future
relationships with Congress, the executive branch, media, bar, and the general
public.
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Committee on Judicial Conduct and Disability: To oversee the implementation of the Judicial Conduct and Disability Act, 28 U.S.C. §§ 351-364, consider petitions for review of final actions by circuit judicial councils on complaints of misconduct or disability of federal judges, and review legislative proposals on judicial discipline and removal.
Consider petitions addressed to the Judicial Conference for review of circuit council actions on judicial conduct or disability complaints under 28 U.S.C. §§ 354(b) and 357(a).
Monitor periodically the administration of Title 28, United States Code, §§ 351-364.
Provide advice and counsel to chief circuit judges and judicial councils regarding the implementation of 28 U.S.C. §§ 351-364, and serve as a liaison and clearinghouse for the circuits on their experiences regarding judicial conduct and disability complaints.
Maintain an orientation program for new chief circuit judges and a compendium of relevant materials to aid chief circuit judges, judicial councils, and circuit staff in implementing 28 U.S.C. §§ 351-364.
Recommend to the Judicial Conference procedural and substantive rules, regulations, and guidelines for the conduct of proceedings under 28 U.S.C. §§ 351-364, for promulgation pursuant to 28 U.S.C. §§ 331 and 358.
Study and periodically evaluate the experience of the circuits accumulated under 28 U.S.C. §§ 351-364, and related matters, coordinate the collection and analysis of relevant data incident to such studies, report to the Judicial Conference on circuit developments and experiences regarding judicial conduct and disability complaints, and develop for Conference consideration appropriate policy proposals, including recommendations for desirable legislative changes.
Monitor and report to the Judicial Conference on legislation in the area of judicial discipline, impeachment, and removal (excluding matters pertinent to the Code of Conduct for United States Judges).
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Committee on Judicial Resources: To consider all issues of human resource administration, including the need for additional Article III judges and support staff, and oversee the operation of statistical systems and the development of methodologies for
human resource needs assessment and allocation.
Make recommendations to the Judicial Conference regarding additional Article
III judgeships and Court of Federal Claims judgeships.
Oversee the Judiciary Salary Plan and the Court Personnel System. Coordinate
and make recommendations to the Judicial Conference regarding all staffing
formulae and requests for personnel not covered by established staffing formulae
and methodologies (other than bankruptcy judges, magistrate judges, and
personnel of defender services).
Make policy recommendations to the Judicial Conference on non-information
technology administrative and operational training needs of court personnel, on
funding for such training in the judiciary budget requests to the Congress, on the
discharge of specific responsibilities assigned to the Judicial Conference by the
Congress for training of court personnel, and on other matters related to
employee development policy as the Judicial Conference may direct.
Review and recommend Judicial Conference approval of all other matters of
human resource policy and administration such as classification and
qualification standards, salary scales, background investigations, leave
administration, employment practices and procedures, and all judiciary-wide
benefit programs.
Oversee the operation of the statistical systems of the courts (to the extent not
done by other committees), focusing in particular on the weighted caseload
system and on reports of cases pending or under submission for long periods of
time.
When the budget is being formulated, propose adequate funding and resources to
support the programs within the committee's jurisdiction, taking into account the
overall fiscal situation of the judiciary.
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Committee on Judicial Security: Review, monitor, and propose to the Judicial Conference policies regarding the security of the federal judiciary, including protection of court facilities and proceedings, and protection for judicial officers, other officers and employees of the judiciary, and any immediate family members of such persons, at federal court facilities and other locations, and protection of the personal information of judges and their immediate family members against public disclosure on the internet in ways that could pose a security threat to those individuals. Make recommendations for changes as appropriate.
Review the provision of security services by the United States Marshals Service and the Department of Homeland Security, and make recommendations for changes where deemed advisable.
Coordinate relations of the United States Marshals Service, the Department of Justice in general, and the Department of Homeland Security with the United States courts and court security committees on security matters.
Analyze or prepare for Judicial Conference consideration proposed legislation affecting the security program.
Initiate studies and surveys concerning security matters.
Monitor the coordination of emergency preparedness in the judiciary, which includes crisis response and continuity-of-operations planning.
Coordinate and maintain a liaison with the Committee on Space and Facilities with respect to security arrangements, including measures for emergency preparedness, that involve court facilities.
When the budget is being formulated, propose adequate funding and resources to support the security program, including education and training, taking into account the overall fiscal situation of the judiciary.
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Committee on the Administration of the Magistrate Judges System: To provide oversight of the federal magistrate judges system.
Review on a regular basis the need for and utilization of existing magistrate
judge positions and the need for new positions, and make recommendations to
the Judicial Conference for changes in magistrate judge positions, as necessary.
Review qualification standards and selection and appointment procedures for
magistrate judges.
Review and make recommendations to the Judicial Conference regarding the
office of magistrate judge, including such areas as salaries, retirement benefits,
and staff and support services.
Review issues concerning the jurisdiction of magistrate judges.
Review issues concerning magistrate judge participation in court administration
and governance.
Review periodically the legal and administrative manuals for magistrate judges.
Maintain liaison with judicial officers regarding the federal magistrates system.
Approve, according to standards set by the Judicial Conference, magistrate judge
law clerk positions.
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Committee on Rules of Practice and Procedure: To carry on a continuous study of the operation and effect of the general rules of practice and procedure.
Review reports and recommendations submitted by the five Advisory
Committees and approve, modify, disapprove or return those recommendations
to the Advisory Committees, as appropriate.
Transmit to the Judicial Conference proposed rules changes, together with
Committee Notes relating thereto, and a summary indicating which proposed
changes were the subject of substantial controversy.
Review and make recommendations to the Judicial Conference with regard to
legislation affecting rules of practice and procedure.
Coordinate the work of the Advisory Committees, and make suggestions of
proposals to be studied by them.
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Rules Advisory Committees: To study the rules of practice and procedure in each Advisory Committee's field.
Consider suggestions and recommendations from bench and bar for changes in
the rules.
Draft and publish proposed rules changes and Committee Notes and, when
necessary, conduct public hearings thereon.
Submit to the Rules Committee those rule changes and Committee Notes finally
agreed upon, a summary indicating which proposed rules changes were the
subject of substantial controversy, the reports of the comments received in writing or during public hearings, and an explanation of any changes made subsequent to the original publication.
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Committee on Space and Facilities: Review, monitor, and propose to the Judicial Conference policies regarding the judiciary's space and facilities requirements. Make recommendations for changes as appropriate.
Oversee long range planning for court facilities, including facilities for additional judgeships recommended by the Judicial Conference.
Coordinate and maintain a liaison with the Committee on Judicial Security with respect to physical security arrangements, including measures for emergency preparedness, that involve court facilities.
Review the provision of design, construction, and maintenance services for court facilities by the General Services Administration, and make recommendations for changes where deemed advisable.
Coordinate relations of the General Services Administration, the United States Marshals Service, the Department of Justice in general, and the Department of Homeland Security with the United States courts on space and facilities matters.
Analyze or prepare for Judicial Conference consideration proposed legislation affecting the space and facilities program.
Initiate studies and surveys concerning space and facilities matters.
Monitor use of, and propose revisions (and exceptions) to, the U. S. Courts Design Guide and any other design publications such as alterations and courtroom technology manuals. Recommend standards governing furniture and furnishings.
When the budget is being formulated, propose adequate funding and resources to support the space and facilities program, including education and training, taking into account the overall fiscal situation of the judiciary. Recommend policies and guidelines that will contain rent and other costs related to space and facilities.
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