SECO STAN SESSION ON UNIV S. 3055, S/3060 S, 3061, S. 3062 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 EDWARD M. KENNEDY, Massachusetts QUENTIN N..BURDICK, North Dakota GEORGE A. SMATHERS, Florida EVERETT MCKINLEY DIRKSEN, Illinois STROM THURMOND, South Carolina SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY JOHN L. MCCLELLAN, Arkansas ROMAN L. HRUSKA, Nebraska M. ALBERT FIGINSKI, Chief Counsel (II) CONTENTS Page 1 Text of "Judicial Reform" bills: S. 3055, 90th Congress, second session_.. S. Res. 266, 90th Congress, second session__. S. 1933, 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___. Analyses: Administrative Office paper, “Judicial Survivors Annuity System". Staff memo, "Judges' Survivors' Benefits" Anderson, Darwin H., chief, Division of Business Administration, Admin- Biggs, John, Jr., senior judge, U.S. Court of Appeals, Third Circuit.... Borkin, Joseph, Esq., of the District of Columbia. Chambers, Richard H., chief judge, U.S. Court of Appeals, Ninth Circuit._ Freisen, Ernest C., Jr., director, Administrative Office, U.S. Courts... Gallas, Edward C., personnel director, Port Authority of New York.. Lumbard, J. Edward, chief judge, U.S. Court of Appeals, Second Circuit. McGowan, Carl, judge, U.S. Court of Appeals, District of Columbia Court. Maris, Albert Branson, senior judge, U.S. Court of Appeals, Third Circuit Ruddock, Andrew E., Director, Bureau of Retirement and Insurance, U.S. Tydings, Joseph D., U.S. Senator from Maryland opening statements of— 94 229 1, 28 Winters, Glenn R., executive director, American Judicature Society---. 106 EXHIBITS Document, Accommodating the Workload of the United States Court of Staff Paper: Administrative Office of U.S. Courts, "Merger of Judicial Letter to Hon. Joseph D. Tydings, chairman, Subcommittee on Im- Letter to Warren Olney, Director, Administrative Office, U.S. Courts, Materials submitted with statement of Glenn R. Winters, executive A summary chart, courts on the judiciary- 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 279 229 60 63 63 239 118 124 136 142 154 181 191 199 Speech by Chief Justice Earl Warren, submitted for record by Mr. Ernest 292 Uhlenhopp Discussion of Selection of Chief Justices.. 209 211 The Administration of the Courts, a speech by Chief Justice Earl Warren__ 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. (1) |