Judicial Conference Meets

The Judicial Conference last month approved a lengthy series of recommendations from its Proposed Long Range Plan for the Federal Courts relating to federal court jurisdiction, adjudicative structure, governance, the allocation of resources, and other aspects of federal court operations and administration.

The Conference formally received the long range plan at its March 1995 meeting. It gave members until mid-April to review the plan and identify items for further study by Conference committees. As a result, nearly two-thirds of the plan was approved with little or no change. The remaining recommendations were submitted to the Conference at its September 1995 meeting. A final version of the approved plan will be published later this year. The plan represents the culmination of a four-year-long process and is the first comprehensive long range plan for the federal court system. A summary of the Conference's actions regarding the plan appears in "Conference Acts on Long Range Plan."

In other action, the Conference:

Approved the report on death penalty representation adopted by its Defender Services Committee. The committee found that Post Conviction Defender Organizations (PCDOs) are a cost-effective, efficient means of providing representation in death penalty cases. The committee reached its conclusion based on interviews and data it obtained from federal and state judges, state attorneys general, resource center directors and staff, traditional federal defenders, state bar representatives, and private attorneys. Nevertheless, in FY 96, Congress is expected to eliminate the funding for the existing 20 PCDOs, but may allow for a 6-month phase-out.
Amended its September 1993 proposal for the creation of 19 new bankruptcy judgeships to instead transmit a request to Congress to create 11 new bankruptcy judgeships as follows: one judgeship each in the Eastern District of New York, the Northern District of New York, the District of New Jersey, the Eastern District of Pennsylvania, the Eastern District of Michigan, the Southern District of Florida, and the District of Maryland; and four bankruptcy judgeships in the Central District of California. This amendment was adopted because of a reduction in bankruptcy filings in certain districts.
Unanimously voted to defer any review of the issue of whether cameras should be permitted in the courts of appeals until the next regularly scheduled session of the Conference in March 1996.
Adopted a policy that all federal courts provide reasonable accommodations to persons with communications disabilities. The Conference also voted to require courts to provide, at Judiciary expense, sign language interpreters or other appropriate or auxiliary aids to deaf and hearing-impaired participants in federal court proceedings in accordance with guidelines prepared by the Administrative Office. This policy does not apply to spectators or to jurors whose qualifications for service are determined under other provisions of law.
Disapproved a proposed amendment to Rule 16 of the Federal Rules of Criminal Procedure. The proposed rule change would have required the government, seven days before trial, to disclose to the defense the names of government witnesses unless it believes in good faith that pretrial disclosure of this information might threaten the safety of a person or risk the obstruction of justice.
Approved the proposed new Consolidated Code of Conduct for Judicial Employees and repealed the existing Codes of Conduct for Clerks, Probation and Pretrial Services Officers, Circuit Executives, Staff Attorneys, and Law Clerks, effective January 1, 1996.
Recommended that the name of Judge A. David Mazzone (D. Mass.) be presented to the President for reappointment to the U.S. Sentencing Commission, subject to the advice and consent of the Senate. The Conference also agreed to forward to the President the names of Judges Diana E. Murphy (8th Cir.), Donald E. O'Brien (N.D. Iowa), and William B. Enright (S.D. Cal.) for the appointment of one of them to the commission succeeding Judge Julie Carnes (N.D. Ga.), who does not seek reappointment. Two vacancies on the commission will occur on October 31, 1995.
Approved a resolution in memory of the late Chief Justice Warren E. Burger. In part, the resolution states, "His [Burger's] reputation as a jurist, a scholar, and an esteemed colleague will be forever a part of the history of this Conference and a grateful nation."
Approved a resolution in recognition of the tenth anniversary of L. Ralph Mecham, Director of the Administrative Office. It states, in part, "Director Mecham's distinguished leadership has served to reshape and strengthen the Administrative Office of the U.S. Courts to meet current and anticipated challenges."