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Chief Justice Asks Congress for Full-Year Appropriation

On October 3, 2002, Chief Justice William H. Rehnquist wrote to the President, Senators Thomas Daschle and Trent Lott, and Representatives J. Dennis Hastert, Richard K. Armey, and Richard A. Gephardt expressing his concerns regarding the FY 2003 funding of the federal Judiciary. In a continuing resolution, Congress has funded the government through November 22. In his letter, the Chief Justice said:

"As Presiding Officer of the Judicial Conference of the United States, I respectfully request that Congress take action prior to the upcoming elections to pass a full-year FY 2003 funding bill for the Judiciary. I have reluctantly come to the conclusion that this is necessary because the uncertain budget situation we face could have a significant, adverse impact on our judicial system. It is urgent that I call this situation to your attention in light of recent news accounts that we could be operating under a continuing resolution for up to five months or more that would limit spending to the FY 2002 enacted appropriations.

It is problematic that, at a time when the Judiciary faces significant workload and related cost increases for the most part mandated by the Congress, the courts would be forced to reduce staffing levels as a result of the aforementioned long-term continuing resolution. The Judiciary requires additional funds now above FY 2002 enacted appropriations simply to maintain pace with existing workload. This growing workload is caused by the war on terrorism, continued increases in criminal caseload, skyrocketing bankruptcy filings, and the steady growth in the number of released felons requiring supervision by our probation offices.

I am especially concerned about the impact the long-term continuing resolution would have on court security. Because federal courts are such an inviting target for terrorists, Congress funded a number of new security initiatives in 2002 to protect the judges, staff, jurors and public entering our courthouses. The need to fund these initiatives for a full year in FY 2003 could not be met under the terms of such a long-term continuing resolution.

I am seeking to extricate the Judiciary’s budget for FY 2003 from the middle of the policy differences between the other two branches, similar to what was done in 1996. The enclosed language would provide a full-year appropriation at a funding level sufficient to allow the courts to continue operations at FY 2002 levels of service. I recognize the current fiscal limitations under which you are working and wish to make it clear that my request is $242 million less than the amount requested for the courts by the President last January. My goal is merely to ensure that the courts continue to operate in a manner that will not diminish the quality of justice they provide the nation, which is what will happen under such a long-term continuing resolution.

I appreciate your consideration of this request and wish you well as you conclude this session of the 107^th Congress."

The Judiciary is asking Congress to fund court services at $285 million over the FY 2002 enacted court services levels. While the Judiciary awaits congressional action, federal judges and staff of the Administrative Office continue to inform Members of Congress of the negative impact a long-term continuing resolution will have on the federal Judiciary. Among the consequences of a long-term CR would be: