NCJ Number
57481
Date Published
1979
Length
27 pages
Annotation
THE STATEMENT OF DANIEL J. MEADOR, ASSISTANT ATTORNEY GENERAL, OFFICE FOR IMPROVEMENT IN THE ADMINISTRATION OF JUSTICE, TO THE SENATE JUDICIARY COMMITTEE ON THE FEDERAL COURTS IMPROVEMENT ACT IS REPORTED.
Abstract
PROBLEMS HAVE BEEN ACCUMULATING IN THE FEDERAL JUDICIARY SINCE THE MID-1960'S. THEY DERIVE PRINCIPALLY FROM THE RAPID RISE IN THE VOLUME AND COMPLEXITY OF LITIGATION. THE ADDITION OF THE NEW JUDGESHIPS UNDER THE 1978 ACT WILL AID THE COURTS IN REDUCING DELAY FOR INDIVIDUAL LITIGANTS; HOWEVER, THESE NEW JUDGESHIPS WILL DO NOTHING TO RESOLVE THE PROBLEMS WHICH ARE SYSTEMIC AND ADMINISTRATIVE. THE FEDERAL COURTS IMPROVEMENT ACT OF 1979 PROVIDES FOR THE FOLLOWING TO DEAL WITH ADMINISTRATIVE PROBLEMS: (1) APPELLATE COURT CONSOLIDATION BY MERGING TWO UNIQUE FEDERAL COURTS WITH THE CAPACITY FOR EXPANDED JURISDICTION INTO A NEW, INTERMEDIATE APPELLATE COURT ON THE SAME TIER AS THE EXISTING REGIONAL COURTS OF APPEALS; (2) COMPOSITION OF APPELLATE PANELS THAT WOULD FOSTER STABILITY IN THE LAW OF THE CIRCUIT, AND AT THE SAME TIME, ALLOW FOR THE PRODUCTIVE USE OF THE VALUABLE SERVICES OF FEDERAL JUDGES OUTSIDE THE COURT OF APPEALS' OWN ACTIVE CADRE; AND (3) MORE EFFECTIVE MEANS OF RULEMAKING BY REQUIRING EACH COURT OF APPEALS TO CREATE AN ADVISORY COMMITTEE COMPOSED OF PERSONS OUTSIDE THE COURT TO MAKE RECOMMENDATIONS ON THE RULES OF PRACTICE AND OPERATING PROCEDURE WITHIN THE COURT. SEVERAL MEASURES CONCERN THE TERMS OF CHIEF JUDGES, AND THE COMPOSITION OF JUDICIAL COUNCILS. FURTHER, THE BILL AUTHORIZES SIMPLIFIED TRANSFER OF CASES TO APPROPRIATE PENSIONS FOR FEDERAL JUDGES WHO RESIGN TO ACCEPT APPOINTED POSITIONS IN THE EXECUTIVE BRANCH, AND MORE EQUITABLE INTEREST ON CLAIMS AND JUDGMENTS IN THE FEDERAL COURTS. THE DEPARTMENT OF JUSTICE URGES PROMPT ACTION ON THE FEDERAL COURTS IMPROVEMENT ACT IN ORDER TO ALLOW APPELLATE COURTS TO DEAL MORE UNIFORMLY WITH CASES OF UNUSUAL NATIONAL CONCERN. (RCB)