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Justice United States. Congress. House. Committee on Appro.

Departments of Commerce, Justice, and State, the judiciary, and related agencies appropriations for 1995 : hearings before a subcommittee of the Committee on Appropriations, House of Representatives, One Hundred Third Congress, second session (Volume PT. 4)

. (page 1 of 41)
DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROP RIATIONS FOR 1995

Y 4. AP 6/1: C 73/2/995/
PT.4

Departments of Connerce, Justice, a... T^pn

BEFORE A

SUBCOMMITTEE OF THE

COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRD CONGRESS

SECOND SESSION

SUBCOMMITTEE ON THE DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES

NEAL SMITH, Iowa, Chairman

BOB CARR, Michigan HAROLD ROGERS, Kentucky

ALAN B. MOLLOHAN, West Virginia JIM KOLBE, Arizona

JAMES P. MORAN, Virginia CHARLES H. TAYLOR, North Carolina

DAVID E. SKAGGS, Colorado

DAVID E. PRICE, North Carolina

John G. Osthaus, George H. Schafer, and Sally A. Chadbourne, Subcommittee Staff

PART 4
THE JUDICIARY

Page

United States Supreme Court:

Salaries and Expenses 1

Care of Building and Grounds 39

United States Sentencing Commission 67

United States Court of Appeals for the Federal Circuit 173

United States Court of International Trade 213

Courts of Appeals, District Courts, and Other Judicial

Services 237

Administrative Office of the United States Courts 237

Federal Judicial Center 237

Printed for the use of the Committee on Appropriations



â– â– w



DEPARTMENTS OF COMMERCE, JUSTICE, AND

STATE, THE JUDICIARY, AND RELATED

AGENCIES APPROPRIATIONS FOR 1995

HEARINGS

BEFORE A

SUBCOMMITTEE OF THE

COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRD CONGRESS

SECOND SESSION



SUBCOMMITTEE ON THE DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES

NEAL SMITH, Iowa, Chairman

BOB CARR, Michigan HAROLD ROGERS, Kentucky

ALAN B. MOLLOHAN, West Virginia JIM KOLBE, Arizona

JAMES P. MORAN, Virginia CHARLES H. TAYLOR, North Carolina

DAVID E. SKAGGS, Colorado

DAVID E. PRICE, North Carolina

John G. Osthaus, George H. Schafer, and Sally A. Chadbourne, Subcommittee Staff



PART 4
THE JUDICIARY

Page

United States Supreme Court:

Salaries and Expenses 1

Care of Building and Grounds 39

United States Sentencing Commission 67

United States Court of Appeals for the Federal Circuit 173

United States Court of International Trade 213

Courts of Appeals, District Courts, and Other Judicial

Services 237

Administrative Office of the United States Courts 237

Federal Judicial Center 237



Printed for the use of the Committee on Appropriations



U.S. GOVERNMENT PRINTING OFFICE
78-662 O WASHINGTON : 1994

For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office. Washington, DC 20402
ISBN 0-16-044260-5



COMMITTEE ON APPROPRIATIONS
WILLIAM H. NATCHER, Kentucky, Chairman



JAMIE L. WHITTEN, Mississippi,

Vice Chairman
NEAL SMITH, Iowa
SIDNEY R. YATES, Illinois
DAVID R. OBEY, Wisconsin
LOUIS STOKES, Ohio
TOM BEVILL, Alabama
JOHN P. MURTHA Pennsylvania
CHARLES WILSON, Texas
NORMAN D. DICKS, Washington
MARTIN OLAV SABO, Minnesota
JULIAN C. DDCON, California
VIC FAZIO, California
W.G. (BILL) HEFNER, North Carolina
STENY H. HOYER, Maryland
BOB CARR, Michigan
RICHARD J. DURBIN, Illinois
RONALD D. COLEMAN, Texas
ALAN B. MOLLOHAN, West Virginia
JIM CHAPMAN, Texas
MARCY KAPTUR, Ohio
DAVID E. SKAGGS, Colorado
DAVID E. PRICE, North Carolina
NANCY PELOSI, California
PETER J. VISCLOSKY, Indiana
THOMAS M. FOGLIETTA Pennsylvania
ESTEBAN EDWARD TORRES, California
GEORGE (BUDDY) DARDEN, Georgia
NITA M. LOWEY, New York
RAY THORNTON, Arkansas
JOSE E. SERRANO, New York
ROSA L. DeLAURO, Connecticut
JAMES P. MORAN, Virginia
DOUGLAS "PETE" PETERSON, Florida
JOHN W. OLVER, Massachusetts
ED PASTOR, Arizona
CARRIE P. MEEK, Florida



JOSEPH M. McDADE, Pennsylvania

JOHN T. MYERS, Indiana

C.W. BILL YOUNG, Florida

RALPH REGUIA, Ohio

BOB LrVINGSTON, Louisiana

JERRY LEWIS, California

JOHN EDWARD PORTER, Illinois

HAROLD ROGERS, Kentucky

JOE SKEEN, New Mexico

FRANK R. WOLF, Virginia

TOM DELAY, Texas

JIM KOLBE, Arizona

DEAN A GALLO, New Jersey

BARBARA F. VUCANOVICH, Nevada

JIM LIGHTFOOT, Iowa

RON PACKARD, California

SONNY CALLAHAN, Alabama

HELEN DELICH BENTLEY, Maryland

JAMES T. WALSH, New York

CHARLES H. TAYLOR, North Carolina

DAVID L. HOBSON, Ohio

ERNEST J. ISTOOK, Jr., Oklahoma

HENRY BONILLA, Texas



Frederick G. Mohrman, Clerk and Staff Director



(H)



DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS FOR 1995



Wednesday, March 9, 1994.

SUPREME COURT OF THE UNITED STATES

WITNESSES

ASSOCIATE JUSTICE ANTHONY M. KENNEDY

ASSOCIATE JUSTICE DAVID H. SOUTER

ROBB JONES, ADMINISTRATIVE ASSISTANT TO THE CHD3F JUSTICE

ALFRED WONG, MARSHAL

TONY DONNELLY, DHtECTOR OF BUDGET AND PERSONNEL

FRANK LORSON, CfflEF DEPUTY CLERK

Introduction

Mr. Smith. I am sure others will be here soon, but we will not
wait, because I know the Justices' time is valuable.

This afternoon we have the 1995 budget for the Supreme Court
of the United States. The request for Salaries and Expenses is
$24,323,000, an increase of $1,323,000 above the amount provided
for the current fiscal year. We will insert the justification material
submitted in support of this request into the record at this point.

[The justifications follow:]



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18

Mr. Smith. We are pleased to have with us Justices Kennedy and
Souter.

Justice Souter, since this is your first time to appear before the
subcommittee, we will insert your biographical material into the
record at this point. You may proceed in any way you please.

[The biographical sketch of Justice Souter follows:]



19

DAVID HACKETT SOUTER
Biographical Data

Bom September 17, 1939 in Melrose, Massachusetts, son of Joseph Alexander and Helen
Adams Hackett Souter.

Education

Harvard College, A.B. 1961, Phi Beta Kappa, selected Rhodes Scholar; Magdalen College,
Oxford. 1963, A.B. in Jurisprudence 1989, M.A. 1989; Harvard Law School, LL.B. 1966.

Judicial Offices

Associate Justice, New Hampshire Superior Court, 1978-1983; Associate Justice, New
Hampshire Supreme Court, 1983-1990; Judge, U.S. Court of Appeals for the First Circuit, 1990;
Associate Justice. Supreme Court of the United States, 1990.

Legal Positions

Associate, Orr and Reno, Concord, NH, 1966-1968; Assistant Attorney General of New
Hampshire. 1968-1971; Deputy Attorney General of New Hampshire, 1971-1976; Attorney
General of New Hampshire. 1976-1978.

Other Assignments

Maine-New Hampshire Interstate Boundary Commission, 1971-1975; New Hampshire
Police Standards and Training Council. 1976-1978; New Hampshire Governor's Commission on
Crime and Delinquency. 1976-1978. 1979-1983; New Hampshire Judicial Council, 1976-1978.

Civic Activities

Trustee. Concord Hospital, Concord. New Hampshire, 1972-1985, President 1978-1984;
Trustee. New Hampshire Historical Society, 1976-1985; Vice President, 1970-1985, Overseer,
Dartmouth Medical School. 1981-1987.

Affiliations With Professional Organizations and Academic Institutions

Merrimack County Bar Association; New Hampshire Bar Association; American Bar
Association; Honorary Fellow, American Bar Foundation; National Association of Attorneys
General; Honorary Fellow. American College of Trial Lawyers; Honorary Master of the Bench,
Gray's Inn. London; Honorary Fellow, Magdalen College, Oxford; Associate, Lowell House,
Harvard College;



20

Statement of Justice Kennedy

Justice Kennedy. Thank you very much, Mr. Chairman.

Justice Souter and I are delighted to be here and bring you
greetings from the Chief Justice and from our colleagues. With us
today in the committee room are various members of our staff: the
Chief Deputy Clerk, Frank Lorson; Marshal Alfred Wong; Director
of Budget and Personnel, Tony Donnelly; and the Administrative
Assistant to the Chief Justice, Robb Jones.

As you know, Mr. Chairman, our budget is divided into two
parts; part is for building and grounds. The request is for
$3,080,000, and that part of the budget is presented separately by
the Architect of the Capitol, Mr. George White.

The balance of our budget for the expenses and operations of the
Court is $24,323,000. This represents an increase of $1,323,000
over last year's authority. All of that increase is for adjustments in
the existing base.

The major part of the $1,323,000 increase is to increase salary
and pay benefits for our employees. The amount of $177,000 is for
projected inflationary costs. These are fixed costs for purchases of
equipment, the library, et cetera.

In the submission that we have given you, on page 1.10, we have
a graph showing the work of the Court. This shows a steadily in-
creasing number of filings. You will see at the bottom the civil
docket, the paid docket is relatively constant. But the unpaid dock-
et continues a regular and significant and steady increase.

Since I have been on the Court, Mr. Chairman, the workload of
the Court in terms of filings has increased 40 percent. In the last
seven years, we have asked for only two additional personnel posi-
tions. We have been able to meet this steady increase by very as-
tute and deft management on the part of our court officers. We
have designated and reassigned positions. As vacancies become
available, we hire people with new talents. With computerization,
of course, we need people who have those skills.

Computerization is not necessarily a cost saving, we are finding,
because of the personnel costs involved in operating those systems.
But by redesignating, reassigning and shifting positions, we have
been able to meet this increasing workload without request for new
positions. We think we have now run out of that flexibility.

We think it is inevitable that next year we will come before you
and ask for increased positions. Our staff has internally generated
requests for four new positions this year which we did not think
we needed. We think that we can live within the existing base. But
we think that this year will be the end of that.

There are some hidden costs here. You will see that we are ap-
proaching 8,000 filings. On this unpaid docket, for every two cases
that we accept for filing, the Clerk's Office has had to reject three
for defects of form. This is very, very costly from the standpoint of
our personnel.

The same if you look on page 1.9, you will see the applications
for stay in capital cases, and on the bottom right you will see that
we had 80 capital stays last year. That is, I guess, a little over one
every three working days. This does not show the number of cap-
ital cases where our staff had to keep track of the case before it



21

came to us, and the case would go off the calendar for any number
of reasons and would not result in a final stay, but it meant that
our staff nevertheless had to track it. So again, that is a hidden
cost.

There are some 2,800 persons on death row and this is a very
significant part of our staffing in the Clerk's Office. So this gives
you just an overall summary, Mr. Chairman, and as I have indi-
cated, we are quite confident that in the existing budgetary base,
subject to the adjustments on that base that we have requested,
that we can perform our functions and remain an efficient and re-
sponsive facility and an efficient and responsive institution within
the Court system.

Unless my colleague, Justice Souter, has anything to add, we are
pleased to answer your questions.

[The prepared statement of Justice Kennedy follows:]



22



Justice Anthony M. Kennedy

Supreme Court of the United States

March 9, 1994



To the House Appropriations Subcommittee:

Mr. Chairman and Members of the Committee, Justice Souter and
I appreciate this opportunity to appear before your Committee to
address the budget requirements of the Supreme Court for the fiscal
year 1995.

We have with us today Robb Jones, Administrative Assistant to
the Chief Justice; Alfred Wong, Marshal of the Court; and Tony
Donnelly, Director of Budget and Personnel.

The budget request is divided into two parts. The first part
is Salaries and Expenses of the Court, and the second, Care of the
Building and Grounds. The total fiscal year 1995 budget for Care
of the Building and Grounds is $3,080,000. Mr. George White,
Architect of the Capitol, will present a statement to the
Subcommittee regarding his segment of the total budget.

Our total fiscal year 1995 budget estimate for Salaries and
Expenses is $24,323,000. This is an increase of $1,323,000 over
the budget authority for 1994. The entirety of this increase



23



consists of base adjustments. The major part of those adjustments,
$1,146,000 represents authorized increases in salary and benefit
costs. The remaining base adjustments of $177,000 are for
inflationary increases in various fixed costs, allowing us to keep
up with the rising costs of normal activity.

We do not propose funding for any new programs this year. We
find that, with adjustments for inflation, the budget base the
Committee has approved for the Court is adeguate to cover our
anticipated needs for fiscal year 1995. Nonetheless, we believe it
is important that the Committee understand the efforts the Court
has undertaken to restructure its operations in order to continue
to live within its budget and why, given the continued increase in
the numbers of filings with the Court, we may need to seek program
increases at some point in the future.

We call the Committee's attention to the Court's increasing
workload. Unlike many agencies that appear before this committee,
the courts have little or no ability to regulate the amount of work
they must do. Instead, they must accept all the cases that are
filed and handle them the best they can.

The charts and graphs we have included in our submission from
page 1.7 through 1.13, illustrate the continuing growth in the In
Forma Pauperis (IFP) filings and the breakdown of the Court's
workload between civil, criminal and habeas corpus cases docketed



24



and argued. The number of cases carried over to the next term
remains constant, indicating that the Court continues to keep up
with the increasing caseload. The statistics do not reflect,
however, the hidden workload of the Court, such as returning for
essential corrections approximately three IFP petitions for every
two that are docketed, returning about 100 stay applications each
year that fail to comply with the Rules of the Court, and tracking
capital cases that do not involve an application to the Supreme
Court or do not result in an order of the Supreme Court.

The increasing burden of capital cases illustrates what the
Court must deal with. There are approximately 2,800 prisoners
under death sentence in the United States. Virtually all of those
prisoners will seek review of their cases in the Supreme Court,
many of them through last-minute stay applications on the eve of
their scheduled execution dates. As you can see from the table
contained at page 1.9 of our budget submission, the number of these
stay applications has increased steadily over the past few years.
We have had to adjust our working procedures and add staff in the
Clerk's Office to accommodate these increases. We expect this
trend, represented by the figures in the table, to continue.

Over the past three years or so we have taken advantage of
automation and other efficiencies to redesignate functions and
positions. This enabled us to hire, as vacancies became available,
more skilled personnel, in higher grades, all within existing



25



appropriation authority. As a result, we have not found it
necessary to request any additions to staff. But it is important
to add that we now have exhausted these means of confronting an
ever increasing caseload. We think it inevitable that for fiscal
year 1996 we will consider it necessary to request at least one new
employee position. Most likely this will be in the Clerk's office,
where the burden of analysis and docketing in additional cases has
the most direct impact.

This concludes a brief summary of our request. We will be
happy to respond to any questions that the members of the Committee
may have.



26



CASELOAD



Mr. Smith. Do you have anything to add?

Justice Souter. I think I am here to be seen and not heard, so
I will answer any questions you have.

Thank you.

Mr. Smith. Well, I appreciate your statement. We had a meeting
this morning trying to analyze the budget resolution which is com-
ing on the Floor this afternoon or tomorrow. As you know, we had
a macro number, and then they illustrate how the macro number
can be reached.

Unfortunately, the illustration, when you have tight budgets, be-
comes more than just an illustration; it becomes sort of a cap, and
the illustration showed a reduction in the courts of $285 million.
I said to them, "Look, we have a crime bill pending." We are not

Using the text of ebook Departments of Commerce, Justice, and State, the judiciary, and related agencies appropriations for 1995 : hearings before a subcommittee of the Committee on Appropriations, House of Representatives, One Hundred Third Congress, second session (Volume PT. 4) by Justice United States. Congress. House. Committee on Appro active link like:
read the ebook Departments of Commerce, Justice, and State, the judiciary, and related agencies appropriations for 1995 : hearings before a subcommittee of the Committee on Appropriations, House of Representatives, One Hundred Third Congress, second session (Volume PT. 4) is obligatory