2002 Year-End Report on the Federal Judiciary (cont.)

The United States Sentencing Commision

During the past year, the United States Sentencing Commission set up two ad hoc advisory groups on significant guideline topics, with both groups slated to operate for 18 months. In February, the Commission announced the formation of the Ad Hoc Advisory Group on Organizational Guidelines whose mission is to review the general effectiveness of the federal sentencing guidelines for organizations and corporations. In May, the Commission announced the formation of the Ad Hoc Advisory Group on Native American Issues to consider methods to improve the operation of the federal sentencing guidelines in their application to Native Americans prosecuted under the Major Crimes Act.

On May 1, 2002, the Commission submitted to Congress a package of guideline amendments that provide sentencing increases and/or expanded coverage for a number of offenses. The amendments went into effect on November 1, 2002. The Commission adopted a multi-part amendment in response to the USA PATRIOT Act, providing severe penalties for a host of terrorism offenses, including offenses against mass transportation systems and interstate gas or hazardous liquid pipelines. It also increases sentences for terrorist threats that substantially disrupt governmental or business operations or result in costly cleanup measures. The Commission also expanded guideline coverage of offenses that involve bioterrorism, including a new guideline to cover the provision of material support to foreign terrorist organizations.

In response to concerns raised by the Executive Branch and by Native American tribes that the guidelines inadequately addressed offenses involving cultural heritage resources, the Commission developed a new guideline that specifically covers such crimes. Other areas of Commission action included sex trafficking, money laundering, and drug trafficking. Also in May 2002, the Commission provided Congress with a comprehensive 112-page report on cocaine sentencing issues.

On August 28, 2002, the Commission adopted its policy priorities for the amendment cycle ending May 1, 2003. The Commission primarily plans to respond on an emergency basis to the Sarbanes Oxley Act of 2002 and to the Bipartisan Campaign Finance Reform Act of 2002, to continue implementation of the USA PATRIOT Act, to respond to the Public Health and Security and Bioterrorism Preparedness and Response Act of 2002 and to the Terrorist Bombings Convention Implementation Act of 2002, and to continue its work on several studies reflecting the operation of the guidelines over the past 15 years.

One of the Commission’s statutory obligations under the Sentencing Reform Act of 1984 is to train criminal justice professionals in guideline application. In carrying out this responsibility, the Commission sponsored, with the Federal Bar Association, the Eleventh Annual National Seminar on the Federal Sentencing Guidelines, attended by more than 400 participants. Commission staff also trained thousands of individuals at many sessions across the country (including ongoing programs sponsored by the Federal Judicial Center and other agencies). Commission staff continue to work collaboratively with the Federal Judicial Center and the Administrative Office of the U.S. Courts to plan and develop educational and informational programming for the Federal Judicial Television Network. Throughout the year, the Commission’s telephone "HelpLine" provided guideline application assistance to approximately 200 callers per month.

The appointments of Commissioners Sterling Johnson, Jr., and Joe Kendall expired October 1, 2001, but both continued to serve under the governing statute until Congress adjourned sine die on November 22, 2002. Their departure pares the number of voting commissioners down to five members, making it harder for the Commission to function effectively. I encourage the President and the Senate to act swiftly to fill these two vacancies.

In Memoriam

Justice Byron R. White

We lost a good friend and a dedicated public servant during the last year. Justice Byron R. White passed away on April 15, 2002. Justice White was the 93rd Justice to serve on this Court and the first to have served as a Supreme Court law clerk. He served on the Court for more than 31 years. Justice White was a rare combination of brilliant scholar and gifted athlete. He was an able colleague and a valued friend who will be missed by all who knew him.

All of us in the Judiciary can look back upon the year ended as one of many accomplishments. Despite rising caseloads, too many judicial vacancies, and too few authorized judgeships, our courts continue to deliver the highest quality of justice and to serve as a standard of excellence throughout the world. My thanks go out to all of the federal judges and court staff around the country whose dedication and professionalism keeps our courts running so well.

I extend to all my wish for a happy New Year.