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SECO

STAN

SESSION

ON

UNIV

S. 3055, S/3060 S, 3061, S. 3062
THE JUICIAL REFORM ACT

AND OTHER MEASURES TO IMPROVE JUDICIAL

ADMINISTRATION IN THE TS OF THE

STATES

APRIL 23, 24, MAY 1, 15, JUNE 6, JULY 25, 1968

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1968

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

JOHN L. MCCLELLAN, Arkansas
SAM J. ERVIN, JR., North Carolina
THOMAS J. DODD, Connecticut
PHILIP A. HART, Michigan
EDWARD V. LONG, Missouri

EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana

QUENTIN N..BURDICK, North Dakota
JOSEPH D. TYDINGS, Maryland

GEORGE A. SMATHERS, Florida

EVERETT MCKINLEY DIRKSEN, Illinois
ROMAN L. HRUSKA, Nebraska
HIRAM L. FONG, Hawaii
HUGH SCOTT, Pennsylvania

STROM THURMOND, South Carolina

SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY
JOSEPH D. TYDINGS, Maryland, Chairman

JOHN L. MCCLELLAN, Arkansas
PHILIP A. HART, Michigan
SAM J. ERVIN, JR., North Carolina
GEORGE A. SMATHERS, Florida

ROMAN L. HRUSKA, Nebraska
HUGH SCOTT, Pennsylvania

M. ALBERT FIGINSKI, Chief Counsel
THOMAS G. GHERARDI, Deputy Counsel
RICHARD NELSON, Minority Counsel

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CONTENTS

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Text of "Judicial Reform" bills:

S. 3055, 90th Congress, second session_..
S. 3060, 90th Congress, second session..
S. 3061, 90th Congress, second session_.
S. 3062, 90th Congress, second session_..
Text of other bills:

S. Res. 266, 90th Congress, second session__.
S. 979, 88th Congress, first session..

S. 1933, 87th Congress, first session_.
H.R. 2841, 88th Congress, first session.
H.R. 6690, 87th Congress, first session_

S. Rept. 2114, 87th Congress, second session.

H.R. Rept. 722, 87th Congress, first session_-_.

Introductory statement of Senator Joseph D. Tydings, February 28, 1968,

re Judicial Reform Act___.

Outline, Judicial Reform Act..

Analyses:

Administrative Office paper, “Judicial Survivors Annuity System".
Staff memo, "Retirement of Judges".

Staff memo, "Judges' Survivors' Benefits"
Staff memo, "Administrative Provisions".

94

229

1, 28

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Winters, Glenn R., executive director, American Judicature Society---.

106

EXHIBITS

Document, Accommodating the Workload of the United States Court of
Appeals.

Staff Paper: Administrative Office of U.S. Courts, "Merger of Judicial
Survivors Annuity System with Civil Service Retirement".
Letters:

Letter to Hon. Joseph D. Tydings, chairman, Subcommittee on Im-
provements in Judicial Machinery, from Hon. John Biggs, Jr., dated
May 3, 1968...

Letter to Warren Olney, Director, Administrative Office, U.S. Courts,
from Hon. Olin Johnston, chairman, Subcommittee on Improve-
ments in Judicial Machinery, dated January 29, 1962---
Letter to Hon. Olin Johnston, chairman, Subcommittee on Improve-
ments in Judicial Machinery, from Warren Olney, Director,
Administrative Office, U.S. Courts, dated February 5, 1962---
Letter to Thomas G. Gherardi, deputy counsel, Subcommittee on
Improvements in Judicial Machinery, from Maurice S. Brown,
Chief Actuary, Bureau of Retirement and Insurance, dated Novem-
ber 14, 1967_

Materials submitted with statement of Glenn R. Winters, executive
director, American Judicature Society:

A summary chart, courts on the judiciary-
Constitutional and statutory provisions for courts on the judiciary....
A summary chart, judicial qualifications commissions___
Constitutional and statutory provisions for judicial qualifications
commissions__ .

Court rules for judicial qualifications commissions_

Proposed Constitutional and statutory provisions for judicial qualifications commissions_.

Summary chart of judicial retirement plans from 1968 survey on judicial compensation by the American Judicature Society-.. Summary discussion of judicial retirement plans--

Page

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229

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63

63

239

118

124

136

142

154

181

191

199

Speech by Chief Justice Earl Warren, submitted for record by Mr. Ernest
Friesen...

292

Uhlenhopp Discussion of Selection of Chief Justices..
Why a Court Administrator?

209

211

The Administration of the Courts, a speech by Chief Justice Earl Warren__
Statutes:

28 U.S.C. section 332__ 28 U.S.C. section 372a.. 28 U.S.C. section 273b_

215

73, 76, 251

251

251

THE JUDICIAL REFORM ACT

TUESDAY, APRIL 23, 1968

U.S. SENATE,

SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL

MACHINERY, OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to call, at 10:10 a.m., in room 6226, New Senate Office Building, Senator Joseph D. Tydings (chairman of the subcommittee) presiding.

Present: Senator Tydings.

Also present: M. Albert Figinski, chief counsel; Thomas G. Gherardi, deputy counsel; Richard Nelson, minority counsel; and George Greene, professional staff member.

Senator TYDINGS. We will convene the Subcommittee on Improvements in Judicial Machinery of the Committee on the Judiciary, of the U.S. Senate.

Today we begin hearings on S. 3055, S. 3060, S. 3061, and S. 3062. S. 3055 is entitled "Judicial Reform Act." The bills are alternative or companion proposals. These bills and a statement I made on the floor of the Senate on introduction of S. 3055 as well as an outline of S. 3055 and a comparison of the proposals with existing law, will be made a part of the record at this point.

(Material referred to follows:)

[S. 3055, 90th Cong., second sess.]

A BILL To provide for improvements in the administration of the courts of the United States, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Judicial Reform Act".

TITLE I-COMMISSION ON JUDICIAL DISABILITIES AND TENURE

SEC. 101. (a) Chapter 17 of title 28, United States Code, is amended by adding at the end thereof the following new sections:

"S 377. Commission on Judicial Disabilities and Tenure

"(a) There is established within the judicial branch of the Government a Commission on Judicial Disabilities and Tenure, whose purpose it shall be to promote the honorable and efficient administration of justice in the courts of the United States through the performance of the duties imposed upon it by law. "(b) The Commission shall be composed of five members. Each member shall be a judge of a court of the United States who is in regular active service. The Commission shall, at all times, include at least two judges of the district courts and two judges of the circuit courts. All members shall be assigned to the Commission by the Chief Justice, who shall also designate one of the members as the Chairman of the Commission. No judge who is a member of the Judicial Conference of the United States shall be assigned to the Commission.

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