JUSTICE IN THE NINETY-FIFTH CONGRESS - AN OVERVIEW

• NCJ Number: 53618
• Journal: AMERICA BAR ASSOCIATION JOURNAL Volume: 64, Dated: (DECEMBER 1978) Pages: 1854-1859
• Author(s): P M WALD
• Date Published: 1978
• Length: 6 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE ACCOMPLISHMENTS AND FAILURES OF THE 95TH U.S. CONGRESS IN AREAS RELATED TO JUSTICE AND THE ADMINISTRATION OF JUSTICE IN THE COURTS ARE SUMMARIZED.

Abstract

TO PROPERLY EVALUATE THE RECORD OF THE 95TH CONGRESS, THE CHRONIC STATE OF OVERLOAD THAT CHARACTERIZES THE CONGRESS MUST BE CONSIDERED. DURING EACH 18 MONTH SESSION HUNDREDS OF BILLS COMPETE FOR INTRODUCTION TO HEARINGS OF SUBCOMMITTEES AND TO FULL SENATE HEARING AND DEBATE. THE THEMES OF OVERLOADED COURT DOCKETS AND INCOMPLETE ACCESS TO THE JUDICIAL SYSTEM WERE REPRESENTED BEFORE THE CONGRESS IN A NUMBER OF PROPOSALS BOTH TO LIMIT AND TO EXPAND FEDERAL JURISDICTION AND TO PROVIDE GREATER PERSONNEL AND RESOURCES TO FEDERAL COURTS. AN OMNIBUS JUDGESHIP BILL WAS ENACTED PROVIDING FOR 152 NEW JUDGESHIPS; THE NEW LAW REQUIRES THE PRESIDENT TO ESTABLISH GUIDELINES FOR THE MERIT SELECTION OF THE NEW JUDGES. A COMPREHENSIVE REFORM OF THE FEDERAL BANKRUPTCY LAW WAS ENACTED PROVIDING FOR WIDER POWERS WITHIN THE BANKRUPTCY COURTS, NEW BANKRUPTCY PROCEEDINGS, AND THE UPGRADING OF THE COURTS' RESOURCES. IT IS FELT THAT THE SUBSTANTIVE CHANGES TO THE BANKRUPTCY LAW MAY HAVE BEEN UNDERSTOOD BY ONLY A SMALL FRACTION OF THE LEGISLATORS. THREE ADDITIONAL BILLS WOULD HAVE EXPANDED THE JURISDICTION OF THE UNITED STATES MAGISTRATES AND CURTAILED DIVERSITY OF CITIZENSHIP JURISDICTION OF FEDERAL COURTS, BUT THESE BILLS WERE DEFEATED. BILLS WERE APPROVED BY THE CONGRESS FOR THE ENHANCING OF PAYMENT FOR JURORS AND WITNESSES IN THE FEDERAL COURTS AND FOR ADDITIONAL SITES FOR HOLDING COURT IN FEDERAL JUDICIAL DISTRICTS. BILLS DESIGNED TO INCREASE ACCESS TO FEDERAL FORUMS DID NOT COME CLOSE TO OBTAINING PASSAGE. FURTHER DISCUSSION INCLUDES THE BILL REQUIRING WARRANTS FOR ELECTRONIC SURVEILLANCE WHICH PASSED THE CONGRESS, THE BILL LOBBYING REFORM BILL WHICH DID NOT PASS, THE FAILURE OF THE FEDERAL CRIMINAL CODE REFORM ACT TO PASS THE HOUSE AFTER BEING APPROVED BY THE SENATE, AND GENERAL CONCERNS ABOUT THE CONGRESS. (TWK).