Vol. 36, Number 2—February 2004

Sentencing Commission Chair Resigns

Judge Diana E. Murphy (8th Cir.) has resigned as chair and member of the U.S. Sentencing Commission, effective January 31, 2004. President Clinton nominated her to the Commission in 1999, to succeed Judge Richard P. Conaboy (M.D. Pa.) as chair. Murphy cited workload pressures in her resignation letter to President George W. Bush.

"For over four years, I have been burning the candle at both ends," Murphy wrote, "in order to carry out these responsibilities while also maintaining a caseload as an active judge on the United States Court of Appeals for the Eighth Circuit. While my colleagues on the court have been wonderfully supportive of my Commission service, our court has recently experienced a turnover in the majority of its judgeships. At this point I feel the need to do more to help keep the court's work current, and I cannot accomplish this without leaving the Commission."

During her tenure, Murphy oversaw a comprehensive report to Congress advocating a reassessment of federal cocaine penalties, a survey of Article III judges regarding the operation of the sentencing guidelines, and a large-scale study of departures from the federal sentencing guidelines. She also oversaw the formation and completion of work of two advisory groups, one studying issues relating to the organizational guidelines, and a second examining the impact of the federal sentencing guidelines on Native Americans in Indian Country.

"It has been a privilege to serve on the Sentencing Commission," Murphy wrote, "but it has faced many challenges since being reconstituted in 1999. Although the Commission is an independent agency within the judicial branch, it is truly a junction point where interests of the three branches of government intersect, and where a variety of conflicting views must be considered from all those interested in federal sentencing issues."

The Sentencing Commission is composed of seven voting commissioners and two non-voting ex officio members. Murphey's resignation leaves six voting members. The appointments of two other voting commissioners expired October 31, 2003. If they are not reappointed or if no new commissioners are appointed, they continue to serve until Congress adjourns at the end of the 108th Congress.

By statute, no more than four commissioners may be members of the same political party, and no voting member may serve for more than two full six-year terms.

Originally, at least three commissioners were to be federal judges. The PROTECT Act of 2003 amended 28 U.S.C. § 991(1) to limit to "no more than three" the number of judges who may be members of the Commission.