INSIDE THIS ISSUE Judiciary Sees Crisis in FY2000 Budget Bill Legislative Load Will Greet Congress on Return From Recess Courthouse Funding Remains in Doubt for FY 2000 JMS Streamlines Jury Processes in District Courts Party/Case Index Recognized by NACM An Overwhelming Caseload Tests Florida Court AO Staff Measure the Needs of the Courts Conflicts Screening Software Testing Underway in District, Bankruptcy Courts An Interview with Magistrate Judge Joel B. Rosen Judge Frank M. Johnson, Jr. 1918-1999 Judicial Milestones Judicial Boxscore

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Budget Conference Expected After August Recess

With only a few weeks to spare before the new fiscal year begins, both Houses of Congress passed appropriations bills containing FY 2000 funding for the Judiciary. When the Senate and House return from August recess, they must come to an agreement on a single consolidated appropriations bill. It remains to be seen if the Judiciary will receive the funding it needs to avoid serious shortfalls in most programs, especially Courts of Appeals, District Courts, and Other Judicial Services, as described on page 2.

Chief Justice William H. Rehnquist has written to congressional leaders spelling out in strong terms the im-pact of inadequate funding on court operations. Referring to the Senate bill, the Chief Justice said “Such a cut in the Judiciary’s budget is both un-justified and impractical.” Although the House bill is more generous than the Senate version “it also would have a noticeable impact on court operations,” the Chief Justice said in his August 9 letter.

“As you are aware, the courts do not control their workload, but rather must respond to filings created in large part by Congress’ expansion of the federal courts’ jurisdiction,” the Chief Justice said. “I therefore urge you to provide necessary funding for the Judiciary for FY 2000.” (A copy of the letter is available at www.uscourts.gov.)

The Senate passed S. 1217, the Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act of 1999 late last month. As anticipated, the bill contained such tight funding for the overall Judiciary in fiscal year 2000—at $4.1 billion, just 1.9 percent over FY 99 obligations—that a serious shortfall is expected. The Judiciary had requested nearly $4.4 billion in total obligations to meet current service levels. A $206 million shortfall in the Salaries and Expenses account could result in the furlough of court employees and leaving almost all vacancies unfilled. Funds for panel attorneys likely would run out in June 2000, and $10 million in security requirements would be delayed until future years.

The House appropriations bill, H.R. 2670, gave the Judiciary $100 million above the Senate level, for a 4.4 percent increase in obligations from FY 99 to FY 2000. This was unexpected, since before consideration by the full House of the bill, the House budget was thought to be even smaller than the Senate’s. Fortunately, Republican leaders agreed to fund the 2000 Census contained in the appropriations bill as an “emergency,” meaning that it is outside the committee’s budget allocation. This left slightly more funds for other agencies in the bill.

Even at the slightly higher fund-ing level in the House, the Judiciary still expects a shortfall, but with less negative impact on the courts. In the Salaries and Expenses category the shortfall is not as severe as in the Senate bill, and furloughs of Judiciary employees would not be necessary. A freeze on filling most vacant posi-tions, however, would still be likely. Funds for panel attorneys would be adequate for the coming fiscal year, but court security requirements would need to be postponed.

The Judiciary fared well in com-parison with most Executive Branch agencies, whose appropriations were, with the exception of a few law enforcement agencies and embassy security, frozen at or reduced below FY 99 levels. Judge John G. Heyburn II (D. Ky), chair of the Judicial Conference Budget Committee, Administrative Office Director Leonidas Ralph Mecham, and AO staff will be working in the coming weeks to obtain higher funding levels for the Judiciary.