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Mr. ROONEY. Now, tell us about them.

Mr. FOLEY. The section secretaries are charged with the task each week of getting statistics from the attorneys which they keep on matters they handle in these various categories listed here.

For example, I have found in going over the list that it was compiled for the second half of calendar year 1960 and that is from my own knowledge. It listed no days in court for the Administrative Regulations Section, and I could recall at least three attorneys who were in court in the second half of the calendar year. I can only conclude from that section that the detailed

Mr. ROONEY. Are the figures at page 1446 correct?
Mr. FOLEY. To the best of my knowledge.

Mr. ROONEY. How many attorneys did you have in the Administrative Regulations Section?

Mr. FOLEY. Eighteen attorneys.

Mr. ROONEY. The 18 attorneys spent 2 days in court in the 6 months' period?

Mr. FOLEY. Yes, sir.

TRIAL STAFF

Mr. Rooney. How many did you have on the trial staff in 1960 ?
Mr. FOLEY. Five attorneys.
Mr. Rooney. How many clerks?
Mr. Foley. There is just one clerk in the trial staff.
Mr. ROONEY. They handled 10 cases in the whole of the year

1960 ? Mr. FOLEY. Yes, sir.

Mr. Rooney. In 1959, how many did you have on the trial staff in the category of clerks and attorneys?

Mr. FOLEY. I think the number was the same in 1959.

Mr. ROONEY. They only handled six cases in that whole year; is that right? Mr. FOLEY. That is right, sir.

Mr. Rooney. Do not agree with me because you are wrong. I am asking you not about cases handled but terminated.

Mr. FOLEY. I am sorry.
For example two attorneys were on one case the entire year.

Mr. Rooney. I am inquiring as to the number of cases terminated as shown on page 1442 and this staff of six people terminated the grand total of six cases in that year; is that right?

Mr. FOLEY. I do not have the same numbering on my pages.

Mr. ROONEY. Do you have page 14–42! You will find the same thing on page 14-45.

Mr. FOLEY. When we say cases terminated, those would be cases handled by a representative of the trial staff.

Mr. Rooney. They are your cases terminated and you had a grand total of six of them terminated in the whole fiscal year, with six people. The same applies to 1958, is that right?

Mr. FOLEY. That is what it shows; yes, sir.

ADMINISTRATIVE REGULATIONS SECTION

Mr. ROONEY. You say you have 18 attorneys in the Administrative Regulations Section?

Mr. FOLEY. Yes, sir.

Mr. ROONEY. They spent 1 day, or part of 1 day, before a grand jury in the entire period from January 4, 1960 through June 1960!

Mr. Foley. That includes any court appearance. For example, two of the attorneys in that section are experts

Mr. ROONEY. I did not ask you that. I asked you whether or not it is the fact that this staff of 18 lawyers spent 1 day before a grand jury?

Mr. FOLEY. That is correct. Mr. Rooney. In the period from January 4, 1960 through June 1960 ?

Mr. FOLEY. That is correct.

FRAUD SECTION

Mr. Rooney. How many lawyers did you have in the Fraud Section?

Mr. FOLEY. The Fraud Section has 11 lawyers.

Mr. ROONEY. They did not even spend part of a day before a grand jury in that period, did they?

Mr. FOLEY. That is right.

GENERAL CRIMES Mr. ROONEY. With regard to General Crimes in that period, they spent parts of 5 days as a total from January to June 1960 ?

Mr. FOLEY. Yes, sir.

Mr. Rooney. These 18 lawyers in the Administrative Regulations Section spent 2 days in court in that period, did they not?

Mr. FOLEY. Yes, sir.

Mr. Rooney. The Fraud Section spent 5 days in court during that period?

Mr. FOLEY. Yes, sir.
Mr. Rooney. How many lawyers do you have in General Crimes ?
Mr. FOLEY. Thirteen.

Mr. Rooney. They spent 11 days in that 6-month period in court; is that right?

Mr. FOLEY. Yes, sir.

CRIMINAL DIVISION PERSONNEL STRENGTH

Mr. ROONEY. All told, at the moment how many people do you have in the Criminal Division, both lawyers and clerks?

Mr. FOLEY. As of today, 103 lawyers and 72 clerks, nonprofessional.
Mr. ROONEY. That is all.
We thank you, Mr. Miller and gentlemen.

DAYS BEFORE A GRAND JURY

Before you leave, would you furnish us a chart showing within the past calendar year 1960, with regard to all of these people—103 attorneys and 70-plus clerks--how many days they spent in grand juries! I understand that there will be parts of days in that calculation, but call it a day. How many days did they spend on trial?

Mr. FOLEY. Yes, sir.

Of course, the people are primarily service attorneys for the U.S. attorneys and we very rarely have opportunity to send them into court because we cannot spare them. Mr. ROONEY. We understand that. (The information requested follows:)

Criminal Division-Days before grand jury in calendar year 1960 Administrative regulations

1 | Special projects. Appeals and research.

0 Trial staff.-Fraud --

0 General crimes.--

62

Total days, Criminal Divi. Organized crime--

197

sion...

133 86

479

CIVIL DIVISION

WEDNESDAY, MARCH 1, 1961.

WITNESSES

W. H. ORRICK, JR., ASSISTANT ATTORNEY GENERAL
MRS. A. M. ENGLISH, ADMINISTRATIVE ASSISTANT

Mr. ROONEY. The next item is for the Civil Division and the details with regard thereto are to be found under tab 15 of the justifications.

We shall at this point insert in the record pages 15–1 through 15–17 of the said justifications. (The pages follow:)

CIVIL DIVISION Appropriation, 1961.

$3, 495, 700 Estimate, 1962

3, 769, 000 Increase

273, 300 The Assistant Attorney General in charge of the Civil Division directs and supervises the general litigation of the United States. This includes all suits and claims by and against the Government through its departments, agencies, instrumentalities, officers and employees excepting, principally, tax and antitrust suits and legal proceedings concerning the acquisition, ownership, and use of real property by the United States. Some of the broader categories of cases

are:

Admiralty and shipping cases--all legal proceedings involving ships, shipping, navigable waters and workmen's compensation ; Court of Claims cases-defense of all suits in the U.S. Court of Claims except those defended by the Tax and Lands Division; fraud cases-all claims for damages and forfeitures recoverable upon proof of fraud against the Government except tax fraud; patent cases patent, trademark and copyright litigation before U.S. courts and the Patent Office; tort cases--defense of suits under the Federal Tort Claims Act; veterans' affairs and insurance cases-defense and prosecution of claims involving service men, veterans and their beneficiaries and dependents; customs cases—all litigation incident to reappraisement and classification of imported goods; foreign litigation--suits and claims by and against the United States brought in the courts of foreign countries; general civil cases-general litigation, including post-judgment procedures, to recover moneys due the Government, damages for breach of contract, tort, etc.; suits to enjoin Federal statutes and to prevent obstruction to Federal administration ; suits against the United States, its agencies and officers for review of administrative orders to test the legality of official actions and the constitutionality of acts of Congress; appellate casesunder the direction of the Solicitor General, appellate proceedings in the U.S. circuit courts and the Supreme Court arising out of Civil Division cases.

AMOUNT REQUESTED

1,500

The Civil Division estimates that an allotment of $3,769,000 will be required for the fiscal year 1962. This exceeds the 1961 allotment by $273,300.

The items of increase or decrease are :
Cost of statutory provisions :
Within-grade promotions (Ramspeck Act).

$35, 100
Savings due to 1 less compensable day in 1962_

(-)11, 600 Retirement fund contributions...

$25,000 Additional positions (18):

Salaries: 12 legal, GS-12=$107,580; 6 clerical,
GS-5=$26,082 ($133,662).

133, 600
Retirement fund contributions.--

8, 700 Health benefits contributions_

900 Life insurance contributions_

400 Travel

3, 000 Communication services

2,000 Rent (formerly budgeted by GSA)

19, 000 Printing and reproduction.-

4, 000 Other services..

5, 000 Supplies and materials.

2,000 Equipment--

4,500

183, 100 Increase in fees of foreign counsel --

45, 000 Provision for higher costs for miscellaneous services and facilities : Travel..

$2, 400 Communication services.

1, 000 Printing and reproduction..

3, 000 Other services..

10, 000 Supplies and materials.

1, 800 Equipment -

2,000

20, 200 Net increase_

273, 300 Apart from its effect on civil litigation in which no money is involved (e.g., the large number of cases each year testing the constitutional or statutory validity of legislative programs and administrative acts) an inadequate number of attorneys in the Civil Division materially affects the interests of the l’nited States with respect to (1) the billion dollars claimed in pending litigation and (2) the far greater amount of money involved in potential claims which are governed by the outcome of many of these cases-particularly the hundreds, and sometimes thousands, of similar or identical, unasserted claims which are established for administrative payment when suits against the United States of certain types are lost by the Government.

But referring only to the money directly involved in pending litigation the losses to the Government which result from serious understaffing are inevitably substantial because of the sheer volume of cases which must go forward each year with whatever amount of attorney time can be allotted. A conservative estimate of the total number of cases the Division will be required to handle in fiscal 1961 with the general allocations of these cases among the number of attorneys allowed in 1961 will serve to indicate the proportions of the risk the Division is required to take during the year with litigation involving approximately $1 billion. During fiscal 1961 :

The Civil Division concluded 9,085 cases in fiscal 1960, reducing the number of pending cases from 14,101 to 13,312. In 4,606 cases claiming $147,173,000 the Government recovered $41,097,000. In 4,479 suits against the United States, claiming $122,800,000, recoveries were held to $17,600,000.

Compared with preceding years, these general statistics show (1) a larger number of cases terminated during 1960 and a greater net gain on the backlog despite a sharp increase in the number of new cases: (2) much less favorable litigation results—to the extent this can be measured by total recoveries as a percentage of the amount claimed. The record number of cases closed reflects the Division's general drive in 1958–59 to eliminate older, inactive cases from the backlog and to expedite disposition of all routine cases and smaller claims. The less favorable results obtained for the Government in litigation terminated in 1960 can be attributed only in part to the drastic reduction in the Civil Division's staff in 1960. Several factors were involved. The principal effects of the staff reduction should be evident in the statistics for 1961 since the principal work is done on most larger cases in the year preceding final disposition.

GENERAL STATEMENT

The Civil Division does not conduct a program which can be reduced or expanded as a matter of policy. The Division's only function is to represent the Government in all litigation by and against the United States, excepting certain major types especially assigned such as tax and antitrust cases. The effectiveness of this representation depends entirely upon the volume of cases received for litigation and the number of attorneys the Civil Division is enabled to employ. The litigation of suits against the United States cannot be deferred and the litigation of suits on behalf of the United States can only be deferred at great financial loss. In fiscal 1958 the Division was able to employ 185 attorneys and 7,653 new cases were received ; in 1959 the Division employed 187 attorneys and received 7,953 cases; in 1960 the Division was reduced to 165 attorneys and received 8,330 cases. In fiscal 1961, it is estimated that 173 attorneys will be employed and over 9,000 new cases will be received. Attorneys that will prepare for trial, try or settle approximately 2,000 cases involving approximately $300,000,000.

78 Attorneys that will supervise the handling and termination of approxi

mately 7,000 cases involving approximately $250,000,000 and will conduct
the trial of some of the most important ones.

68

Attorneys that are thus responsible for approximately 9,000 cases to
be concluded in 1961.

146
These 146 attorneys will also be responsible, on the above basis,
for (1) all necessary work on approximately 4,000 pending cases
which will be continued in litigation but not concluded and (2)
the necessary work on all of approximately 9,000 new cases which

will be received during the year. Other attorneys that will be exclusively occupied with all appellate work

arising out of Civil Division litigation. This responsibility will include the preparation of more than 400 case analyses and approximately 100 briefs for the Supreme Court, the writing of briefs and presentation of oral arguments in approximately 150 other appellate cases, and close supervision of the preparation of more than 200 additional cases heard by appellate courts during the year-

17 Remaining attorneys that will be exclusively occupied with all of the

customs litigation for the United States. This responsibility will involve a huge number of cases which, because of their nature, are not carried in the Division's statistics on cases and amounts of money in litigation. Trial calendars will be held at various ports of entry. In addition, over 100 trials will be held by the court at New York and more than 40 arguments will be made by these attorneys before the Court of Customs and Patent Appeals in Washington.--

9

Attorneys in the Civil Division's sections in fiscal 1961.--

173 The 12 additional attorneys requested for 1962, which will make a total staff of only 185 attorneys, will be assigned to the areas of litigation where the situation is especially acute and the potential loss of money especially large.

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