Research

Education

&Training

FederalJudicialHistory

Federal Judicial Center

Annual Report 1999

assisting foreign

judicial systems

“to further the development&adoption

 of improved judicial administration”
Contents

A Message from the Director, 1

About the Federal Judicial Center, 3

1999 at a Glance, 5

Education and Training, 6

Education for Judges and Legal Staff, 8

Education & Training Programs for Court Staff, 9

` Programs for Foreign Judicial Officials, 11

Research, 12

Bankruptcy, 12

Civil Litigation, 12

Criminal Litigation and Offender Supervision, 13

Appellate Processes, 13

Judicial Resources, 13

Federal Judicial History, 14

Media Productions and Publications, 15

Educational Media Programs, 15

Publications, 15

Information Services, 17

Federal Judicial Center Foundation, 18

Center Advisory Committees, 19

Center Board, 1999, 20
Crime and commerce are rapidly becoming more international in scope.

Assuming that trend continues, there will be a concomitant increase in

the globalization of law, a concept which has until recently been more of

a theoretical construct. This phenomenon is now beginning to affect

what actually takes place in our courtrooms. Intellectual property rights,

jurisdiction and venue related to Internet use, extradition, detention of

foreign nationals, international terrorism, immigration, and contract disputes arising from foreign investments and joint ventures are among the

obvious areas where international issues may arise. Because the world is

not only getting smaller, but also moving faster, at least metaphorically,

we can expect the effects of globalization of law to increase dramatically

in the coming years, and we should be prepared for them.

Responding to the effects of globalization is directly relevant to the

Federal Judicial Center’s statutory responsibilities. In 1992, Congress

amended the Center’s mandate (28 U.S.C. §620(b)) and authorized it

“to cooperate with and assist agencies of the Federal Government and

other appropriate organizations in providing information and advice to

further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration

in foreign countries that may contribute to performing the other functions set forth in this section.”

That amendment recognized and explicitly approved of the Center’s

efforts in the international field. Since that time, the Center has explained the U.S. legal and judicial system or the process of education and

research for the federal judiciary and its support staff in short briefings

to almost 3,000 foreign visitors and in longer seminars for more than

350 visitors. Many of these activities assist international visitors who are

anxious to stabilize the rule of law and promote judicial independence in

their own countries. Foreign judges with those goals are intrigued by the

concept of an agency like the FJC that is not just a “judicial school,” but

a true center for learning, teaching, and research on a wide range of issues relevant to the judicial branch.

Our shrinking world demands that we continue to assist colleagues

from other countries, and not simply as an altruistic exercise. Such assistance helps promote international security and legal recourse, especially

for those who travel outside our borders, physically or technologically,

whether for personal, commercial, or governmental reasons.

a Message

from the

Director

1999 Annual Report of the Federal Judicial Center 1
2 1999 Annual Report of the Federal Judicial Center

More recently, globalization has created another challenge. In past years,

the Center has not found it necessary to devote many resources in either research or judicial education to areas in which our laws intersect with the

laws of others. The growing instances of such intersections have changed

that. At a minimum, federal judges should be familiar with the major treaties and conventions that may be at issue in cases that come before them.

We have long acknowledged the need for comity in respect to state–federal

conflicts; we should now expand our horizons.

This larger perspective might encompass not only substantive judicial

education but analysis of practices and procedures as well. Many of our

counterparts in other countries are struggling with the same issues that we

now confront—increasing dockets and decreasing resources, conflicts over

jurisdictional borders, and more frequent disputes arising from both international commerce and international crime. We should learn what we can

about how others are dealing with these common problems.

Federal courts are confronting not only the increasing effects of globalization, but the continuing challenges of science as well. The Center is designing two exciting new Federal Judicial Television Network programs that

will help explain the sciences of recombinant DNA and other genetic engineering, epidemiology, and toxicology and also demonstrate how such scientific information is best used in courtroom proceedings, such as Daubert

and Markman hearings. We also look forward to developing Web-based programs that will expand our use of distance learning into various areas, providing both judges and staff with the high-quality programs that are the

hallmark of the Center and the additional benefit of maximum flexibility.

And so we enter a new year (a new century according to some). As the

Chief Justice said in his year-end review of 1999, “FJC research and education helps the judicial branch deal with vexing policy questions created by

modern litigation.” We will continue to do so. It will be a time of challenge

for the Center and a time of personal excitement for me as I begin my first

full year as director. I look forward to what lies ahead.

F E R N M . S M I T H
1999 Annual Report of the Federal Judicial Center 3

Statutory Mission

In 1967, Congress created the Federal Judicial Center “to further the development and adoption of improved judicial administration” in the courts of

the United States. The Center’s statutory duties are codified at 28 U.S.C.

§§ 620–629. They include providing orientation and continuing education

for the judges and staff of the federal judicial system, performing research

on court operations and procedures (particularly in support of Judicial Conference committees), and conducting programs to promote judicial federalism, assist foreign judicial systems, and study the federal courts’ history.

This annual report, mandated by statute, describes the Center’s activities in

furtherance of its statutory duties in calendar year 1999.

Governance

The Chief Justice of the United States chairs the Center’s Board, which also

includes two circuit judges, three district judges, one bankruptcy judge, and

one magistrate judge elected by the Judicial Conference, as well as the director of the Administrative Office of the U.S. Courts (ex officio). The Board

oversees the FJC’s activities, and its members serve on standing committees

on education and research and on Center advisory committees on judicial

education programs.

In March 1999, the Judicial Conference elected Judge Robert M. Parker

of the U.S. Court of Appeals for the Fifth Circuit and Judge William H.

Yohn, Jr., of the U.S. District Court for the Eastern District of Pennsylvania

to membership on the Center’s Board. They replace Judge Bruce M. Selya of

the U.S. Court of Appeals for the First Circuit and Chief Judge Richard P.

Matsch of the U.S. District Court for the District of Colorado, whose terms

expired.

The Board appoints the FJC’s director and deputy director; the director

appoints the Center’s staff. In April 1999, the Board selected Judge Fern M.

Smith of the U.S. District Court for the Northern District of California to be

the Center’s eighth director. All but one of its previous directors have also

been federal judges.

Organization

The Center’s organizational structure reflects its primary statutory mandates

and direction provided in the Board’s 1997 strategic plan. The Judicial Education and Court Education Divisions are responsible for planning and producing all education and training programs, including satellite broadcasts,

video programs, and educational publications. The Research Division examines and evaluates current and alternative federal court practices and policies. This research not only assists committees of the Judicial Conference in

developing policy recommendations but often contributes as well to Center

About the

Federal

Judicial

Center
4 1999 Annual Report of the Federal Judicial Center

educational programs and products. The three divisions work closely with

two units of the director’s office—Systems Innovation & Development and

Communications Policy & Design—in using print, broadcast, and on-line

media to deliver timely education and training and to disseminate the results of Center research to judges and court staff. The Federal Judicial History Office, a part of the Research Division, develops innovative ways to

help courts and scholars study and preserve federal judicial history, including a new Web site that will be available in early 2000. The Interjudicial Affairs Office, part of the Judicial Education Division, provides information to

judicial and legal officials from foreign countries and assesses how developments in international law and law-related activities should be included in

the Center’s educational programs for federal judges.

Coordination Within the Judicial Branch

Numerous programs and projects described in this annual report involve coordination, cooperation, and consultation with the Judicial Conference and

its committees, with the Administrative Office, and with the U.S. Sentencing

Commission. At the request of the Center’s Board and the Judicial Conference, and pursuant to the Center’s strategic plan, the FJC and the Administrative Office have created an interagency coordinating committee. Its role is

to assess education and training needs of the judicial branch, coordinate the

agencies’ respective educational activities, collaborate in the planning and

formulation of specific programs, and respond to Judicial Conference committee requests in regard to education.

One high-profile collaborative effort has been the Federal Judicial Television Network (FJTN), a network of more than 250 satellite downlinks in

federal courthouses across the country. FJC staff manage the network, which

first began operating in April 1998. The Center’s management responsibilities include coordinating broadcast schedules, obtaining satellite time, running broadcast equipment, and operating the teletraining studio in the

Thurgood Marshall Federal Judiciary Building for all programs produced by

the Center, the Administrative Office, and the Sentencing Commission. Administrative Office staff are responsible for coordinating the installation of

downlinks in the courts and for managing the judiciary’s contract for satellite and other telecommunications services. In 1999, the FJTN broadcast

more than 1,400 hours of educational and informational programming (including rebroadcasts) from all three agencies. This figure includes 96 live

broadcasts from the Marshall Building’s studios, operated by the Center’s

television production professionals.

The Center also relies on advisory committees of judges, court staff, and

others in planning and producing education programs and publications.

These committees are listed on page 19.
1999 Annual Report of the Federal Judicial Center 5

Staffing & Appropriation

The Center’s fiscal 1999 appropriation was $17,716,000 and it employed

141 people at the end of 1999. Its fiscal 2000 appropriation is $17,932,000.

1999 at a glance

In 1999 the Center

• provided 906 educational programs for more than 37,000 federal

judge and court staff participants

• completed 23 major research and evaluation projects, continued work

on 31 others, and responded to many other requests for short-term research assistance

• produced or updated 53 educational media programs for live or videotaped satellite broadcast or distribution on videocassette

• broadcast more than 1,400 hours of educational and informational

programs from the Center and from the Administrative Office on the

Federal Judicial Television Network (FJTN)

• completed 8 curriculum packages and training guides

• distributed almost 250,000 Center publications, including periodicals

and catalogs of books, programs, and other services, as well as almost

1,400 audio, video, and multimedia programs

• answered some 2,000 information requests from judges, court staff,

and others

• hosted seminars or briefings for almost 430 foreign judges and

officials from some 70 countries
6 1999 Annual Report of the Federal Judicial Center

The Center’s 1999 education and training programs reached more than

37,000 participants, as shown in the summaries on page 7.

Included in those summaries are 72 FJC broadcasts on the FJTN, accounting for more than 500 hours of educational programming (including rebroadcasts). Of these, 44 were live, interactive broadcasts in which judges

and court staff at courthouses around the country could speak directly with

program faculty in the broadcast studio. Other FJC broadcasts on the FJTN

consisted of videotaped programs that the Center produced either in its television studios or at conferences and workshops; management seminars and

teleconferences that the Center aired through an arrangement it made with

PBS–The Business Channel; and a program produced by the National Institute of Corrections on assessing sex offenders for purposes of sentencing,

supervision, and treatment.

In 1999, at least 88% of the participants in Center programs and in local

training events based on Center materials and services used distance education methodologies. In addition to the Federal Judicial Television Network,

such distance education programs consisted of an audioconference using

telephone equipment, seven on-line conferences using computers with modems, and packaged training programs designed and produced by Center

staff and delivered in the courts by court employees. Participants in distance

education—almost 33,000—received training in their own courts and had

minimal or no travel costs.

The actual number of participants in the Center’s distance education

programs is probably higher, because registration is not required for most

FJTN broadcasts and exact attendance figures for these programs are not reported. In 1999 Center researchers developed a method to sample FJTN

viewership on a fully random basis and thereby estimate at a high level of

accuracy how many judges and court employees watch broadcasts and videotapes of programs broadcast over the network. The FJC is working with

court personnel on site to gather viewership data and will begin reporting

results in 2000.

Education

and

Training
1999 Annual Report of the Federal Judicial Center 7

Seminars & Workshops for Judges, Jan. 1–Dec. 31, 1999

Number of Number of

Programs Participants

Orientations for newly appointed district judges 4 86

Orientations for newly appointed bankruptcy judges 3 35

Orientations for newly appointed magistrate judges 3 56

Conference for chief district judges 1 94

National workshops for circuit judges 2 46

National workshops for district judges 3 461

National workshops for bankruptcy judges 2 374

National workshops for magistrate judges 2 322

Special-focus workshops 12 305

In-court seminars 14 241

TOTAL 46 2,020

The Center also held four programs for 710 federal defenders and staff, and

one program for 35 appellate conference attorneys.

Court Staff Education & Training Programs, Jan. 1–Dec. 31, 1999

Number of Number of

Programs Participants

Seminars and workshops (national and regional)

Clerks of court and clerk’s office personnel 8 1,016

Probation and pretrial services officers and personnel 7 382

Personnel in several categories 15 441

TOTAL 30 1,839

In-court programs (programs using Center curriculum packages,

training guides, and computer-assisted instructional programs)

Clerks of court and clerk’s office personnel 385 7,511

Probation and pretrial services officers and personnel 311 4,979

Personnel in several categories 69 3,062

TOTAL 765 15,552

FJTN broadcasts

Clerks of court and clerk’s office personnel 4 5,610

Probation and pretrial services officers and personnel 8 6,901

Personnel in several categories 38 3,960

TOTAL 50 16,471

Technology-based programs (audioconferences, videoconferences,

on-line conferences)

Clerks of court and clerk’s office personnel 6 425

Personnel in several categories 4 377

TOTAL 10 802

GRAND TOTAL 855 34,664

Note: Figures reported for FJTN broadcasts include only registered viewers or viewers whose numbers can be counted

through sign-up sheets or evaluation forms. Many more court employees have watched FJTN broadcasts and videotapes of programs, but their numbers are not reported because registration was not required for many FJTN programs.
8 1999 Annual Report of the Federal Judicial Center

Education Programs for Judges and Legal Staff

Orienting new judges to their roles and responsibilities has long been one of

the Center’s core functions, and this year 177 new judges participated in FJC

judicial orientation programs. The Center also offers continuing judicial

education programs to all judges. In 1999 such programs provided guidance

on judicial ethics, examined current and emerging legal issues such as intellectual property and the challenges posed by new technology, described developments in human genetics and their implications for the federal courts,

and reviewed other developments in federal law.

The Center also conducted a national sentencing policy institute for the

Judicial Conference’s Criminal Law Committee, in cooperation with staff of

the Federal Bureau of Prisons, the Administrative Office, and the Sentencing

Commission, and is planning another such institute for the summer of

2000. The Center offered two new seminars for court of appeals judges: a

federal appellate jurisdiction program at Stanford University and a craft of

judging program at the University of Notre Dame. It also conducted two

mediation workshops for federal magistrate judges.

Attendance at seminars and workshops for judges and legal staff is reported in the table on page 7. In addition, several hundred judges, law

clerks, staff attorneys, and defenders watched educational broadcasts on the

FJTN. These included programs on the Alternative Dispute Resolution Act of

1998, developments in antitrust law, and bankruptcy organization and jurisdiction, and a Prison Litigation Reform Act update. The Center also broadcast its third annual review of the Supreme Court’s term in July, shortly after

the term ended, and its second national orientation program for judicial law

clerks in September, shortly after new clerks began their clerkships, which

included segments on ethics and writing.

The Center produces numerous manuals, monographs, and other educational publications for judges. In 1999, it published Conducting Job Interviews: A Guide for Federal Judges to help judgse interview applicants for two

key positions: court unit executive and law clerk. It also updated its Benchbook for U.S. District Court Judges and will distribute the revised version in

early 2000.

The Center encourages state–federal judicial cooperation through joint

educational programs on matters of common interest. One such seminar in

1999 examined basic issues of science that arise in litigation in federal and

state courts.
1999 Annual Report of the Federal Judicial Center 9

Education &Training Programs for Court Staff

The Center provides executive team development training to judges and senior court managers, and practical education and training on critical job responsibilities to court managers and staff. Much of this training is delivered

through distance education programs.

The FJTN featured programs to help probation and pretrial services

officers supervise offenders and defendants. One new series helps officers

deal with offenders with substance abuse problems; another examines

guideline sentencing issues. A five-part pilot program, Survival Spanish, uses

an easy-to-learn phonetic encoding system to help officers with no prior

knowledge of Spanish in interviews, phone conversations, and field visits

with Spanish-speaking offenders. A new edition of the Center’s video magazine Perspectives on Probation and Pretrial Services informed officers about

legislation and other matters of system-wide significance and spotlighted innovative practices in some offices that could be used in other districts. A

companion video magazine for court personnel, Court to Court, received a

“finalist” award in the national Telly Awards competition for non-network

TV programming.

Educational programs for managers and supervisors included thirteen

network broadcasts, several of which were interactive teleconferences from

PBS–The Business Channel. A Center workshop for ADR administrators,

judges, and court staff who direct or manage alternative dispute resolution

in their courts was funded by the Hewlett Foundation. Several other workshops for managers and supervisors were collaborative efforts with the Administrative Office. These included programs on case-flow management for

AO systems analysts who will be developing software for court use; technology management for teams of clerks of court and their systems managers;

managing capital construction projects; and a program for bankruptcy administrators.

Another interagency collaboration resulted in the third program in the

FJTN series on substance abuse mentioned above. Advances in Drug Abuse

and Addiction Research featured Dr. Alan Leshner, director of the National

Institute on Drug Abuse, a component of the National Institutes of Health.

At the request of the U.S. District Court for the Northern District of

Ohio, the Center developed a Web-based tutorial to help attorneys learn

how to file pleadings and other case-related materials through electronic

means and to help court staff handle electronic case filings. The Northern

District of Ohio is one of the prototype courts in the federal judiciary’s

project to introduce electronic case filing. The FJC’s tutorial may serve as a

template for other districts.
10 1999 Annual Report of the Federal Judicial Center

Among the new training products and guides released by the Center is a

video-based packaged program to help clerk’s office personnel understand

what kind of assistance they can give to lawyers and the public without providing legal advice. Packaged programs, some of which are adapted from

materials produced by vendors and other training organizations, include lesson plans and materials and are delivered in the courts by court employees

who have training experience. Other such packaged programs and guides

the Center produced in 1999 include the following:

• Developing Court Employee Competencies

• Exit Interviews (revised and reformatted to be a computer-based guide)

• Foundations of Management (six-month correspondence course with

two versions: one for probation and pretrial staff, one for all court

staff)

• Handbook for Working with Mentally Disordered Defendants and Offenders (updated)

• Supervisor’s Survival Kit (audio program with workbook and computer

disk)

• Think Before You Send: Responsible E-mailing.

FJC on-line conferences addressed communication and project management skills, case-flow management techniques, and the effect of technology

on roles and responsibilities. A three-part audioconference enabled operations managers in district and appellate courts to share effective practices in

case management.

Most court units have designated staff members to serve as court training specialists, in addition to their regular job duties. These specialists coordinate the delivery of local training programs that meet the specific needs of

the court units. In 1999, the Center provided orientation for newly appointed court training specialists consisting of self-study assignments and

videoconferences. Experienced training specialists participated in FJTN

training programs, such as a broadcast on designing surveys to assess training needs.
1999 Annual Report of the Federal Judicial Center 11

Programs for Foreign Judicial Officials

The Center helps foreign judges and legal officials learn about the American

court and legal systems in various ways, usually in coordination with other

judicial branch, public, and private agencies. The Center conducted 5 seminars for 54 foreign judges in 1999, including judges from Russia, Mexico,

and Scotland, and arranged a series of seminars to prepare Venezuelan public defenders for the implementation of that country’s new criminal procedural code. The Center also conducted 78 briefings for more than 375 foreign judges and officials from some 70 countries.

Judges or legal scholars from Norway, Argentina, Korea, and Russia were

in residence at the Center to study aspects of judicial procedures and administration under the Center’s Foreign Judicial Fellows Program. Center

staff also provided technical or other assistance in five foreign countries at

the request of governmental or private organizations. The costs of all types

of Center support for foreign judicial officials are met not by the Center’s

appropriated funds, but by grants to the Federal Judicial Center Foundation

(see p. 18) or directly by cosponsoring organizations.
12 1999 Annual Report of the Federal Judicial Center

The Center provides Judicial Conference committees with analyses of innovations, procedures, or problems in judicial administration that have system-wide implications. The Center initiates some research apart from committee requests, but in anticipation of emerging policy questions in need of

analysis.

In 1999 the Center completed 23 research and evaluation projects, continued work on 31 others, completed 19 reports, and responded to more

than 150 informal requests for research assistance from courts, Judicial Conference committees, federal and state government agencies, and others. The

Center makes its research available within and outside the federal judiciary

and, when appropriate, transmits reports of its research to the Judiciary

Committees of both the House and the Senate.

In 1999, the Center had active research projects in the following areas.

Bankruptcy

The Center conducted an analysis of possible changes to the bankruptcy appellate process to help the Judicial Conference assess its response to proposed legislative changes. It also completed a survey of bankruptcy judges

on attorney ethics issues that arise in bankruptcy cases.

Civil Litigation

Civil litigation projects included an examination of document-production

burdens in employment and civil rights cases; an evaluation of a court-appointed experts demonstration project of the American Association for the

Advancement of Science (AAAS); an assessment of the functions and roles of

special masters appointed under Federal Rule of Civil Procedure 53; an

analysis of district and appellate court practices that require disclosure of

financial interests of parties in federal cases; and a study of problems created

by the discovery of electronic documents and evidence in the federal courts.

The Center also provided the Judicial Conference’s Civil Rules Advisory

Committee and Working Group on Mass Torts with three extensive analyses

of aspects of the mass torts phenomenon. These analyses formed a large part

of the backup materials included in the group’s report to the Chief Justice.

For a separate Conference committee the Center analyzed the use of a national panel of court-appointed experts to examine science issues in the national breast implant litigation. The Center also initiated a study of the

unique evidentiary issues that arise with various types of electronic evidence

in the courtroom, a subject with both criminal and civil procedural implications.

Research
1999 Annual Report of the Federal Judicial Center 13

Criminal Litigation and Offender Supervision

The Center conducted an evaluation of case-management-related tools to assist federal pretrial and probation officers in managing individuals on pretrial release supervision, as well as a study of five states’ court procedures

for court-ordered mental examinations of defendants in capital cases. The

Center assisted the Federal Corrections and Supervision Division of the Administrative Office with its evaluation of the home confinement program,

and it evaluated the Judicial Conference’s Criminal Justice Act supervising

attorney pilot project, in cooperation with the Administrative Office.

Appellate Processes

The Center conducted an analysis of case-management practices in the thirteen federal courts of appeals and an assessment of the caseload burdens in

the U.S. Court of Appeals for the D.C. Circuit. The Center also completed

its work for the Commission on Structural Alternatives for the Federal

Courts of Appeals by preparing portions of the commission’s working papers for publication, including reports and analysis of three surveys that the

Center designed and administered and various other Center documents that

analyzed aspects of appellate workload and procedures for the commission.

Judicial Resources

For the Judicial Conference’s Judicial Officers Working Group, the Center

examined how district courts request and use visiting judges.
14 1999 Annual Report of the Federal Judicial Center

The Center carries out its statutory mandate to conduct, coordinate, and encourage programs related to the history of the federal judicial branch by

making available the results of its own historical research, by preparing

guides to judicial historical resources, and by advising judges and the courts

on historical projects. In 1999, the Center completed a multiyear project to

produce an extensive historical reference guide for presentation on its Web

page. The Federal Judicial History site (on the World Wide Web at

air.fjc.gov/history and on the judiciary’s intranet on the DCN at air.fjc.dcn/

history) includes a biographical database with the first complete list of lifetenured judges who have served on the federal courts since 1789. It will allow scholars and others to answer many questions about the men and

women who have served on the federal bench and about the changes in the

makeup of the federal judiciary over its more than 200-year history and in

more recent times. The site also provides legislative histories of the federal

courts and the federal judicial circuits, and presents historical notes and the

texts of landmark legislation in the history of the organization and administration of the federal judiciary. The site offers reference guides to sources of

federal judicial history, to encourage further research on the history of individual courts and on the careers of judges.

The Center is preparing a guide to the organization and operation of federal court history programs. It is working with existing court history programs to compile a review of the scope of existing programs and to help

courts organize historical societies, conduct oral histories, sponsor exhibits

and publications, and preserve the full range of records documenting the

history of the federal courts.

 In 1999, judges and their staffs continued to consult with the Center regarding the disposition of historically important records among judges’

chambers papers. Center staff work with the National Archives and Records

Administration to develop a record retention schedule that will ensure an

accurate documentation of the business of the federal courts.

Federal

Judicial

History
1999 Annual Report of the Federal Judicial Center 15

Educational Media Programs

For many years Center media programs—audiotapes and videotapes and,

more recently, satellite broadcasts and interactive CD-ROMs—have provided

education without travel. Some media programs complement training packages for in-court education. Others, accompanied by written materials,

stand alone as self-instructional educational programs.

The Center’s media catalog contains almost 1,100 audio and video programs, including audiotapes of workshops and seminars, Center-produced

video programs, and some 530 commercially produced video programs. The

Media Library loaned almost 2,000 copies of media programs to federal

judges and judicial branch personnel on request and sent almost 1,400 copies of its media and multimedia programs directly to the courts for them to

keep and use in local education and training programs. Many Center-produced media programs are made available to the public through the National Technical Information Service of the Department of Commerce.

In 1999 the Center produced the following programs on videotape, all of

which were broadcast on the FJTN.

• The Architecture of Antitrust

• Court to Court (January, June, and October 1999)

• Organization & Jurisdiction of the U.S. Bankruptcy Courts

• Orientation Seminar for Federal Judicial Law Clerks

• Perspectives on Probation & Pretrial Services (April 1999)

• Prison Litigation Reform Act Update

• Supreme Court 1998–99: The Term in Review

Publications

Center publications include manuals for judges on aspects of litigation management, monographs and outlines on areas of substantive law, and newsletters and other periodicals for specific audiences on recent case law and casemanagement trends. They also include reports of the Center’s empirical research and handbooks or other reference guides on federal court administration and history. The Center distributed almost 250,000 copies of its publications in 1999. Some 234,000 of these were catalogs of the Center’s publications, media programs, and course offerings, including its semimonthly

guide to FJTN broadcasts, FJTN Bulletin.

Some of these items are available on the Center’s server on the J-Net

(http://jnet.fjc.dcn) and on its World Wide Web page (http://www.fjc.gov).

Many of the Center’s publications are now listed, including a monograph on

section 1983 litigation; the Reference Manual on Scientific Evidence; the

Manual for Complex Litigation, Third; Guideline Sentencing: An Outline of Appellate Case Law on Selected Issues; and past and current issues of Guideline

Sentencing Update and Habeas & Prison Litigation Case Law Update. New

Media

Productions

and

Publications
16 1999 Annual Report of the Federal Judicial Center

titles are being added as they are published. Visitors to the Center’s Web site

can read descriptions of Center publications and obtain copies for download

as Adobe Acrobat files for printing or reading.

For persons who rely on more traditional forms of computer-assisted research, more than fifty Center publications are available on the WESTLAW

service, and more are being added. Several publications are reprinted by

commercial publishers for sale to the public, including the Manual for Complex Litigation, Third, the Reference Manual on Scientific Evidence, the Manual

for Litigation Management and Cost and Delay Reduction, and the Chambers

Handbook for Judges’ Law Clerks and Secretaries. The Government Printing

Office also carries several Center titles in its public sales program.

Periodicals produced by the Center are

• Bench Comment—advisories on appellate trends in civil and criminal

procedure

• Chambers to Chambers—descriptions of case and chambers management techniques, including a 1995–1996 series on managing federal

death penalty litigation

• The Court Historian—a newsletter with information about court history programs

• FJTN Bulletin—descriptions of programs being broadcast by the Center, the Sentencing Commission, and the Administrative Office, broadcast schedules, and other news about the Federal Judicial Television

Network

• Guideline Sentencing Update—summaries of recent decisions interpreting the Sentencing Reform Act and Sentencing Guidelines; a companion publication, Guideline Sentencing: An Outline of Appellate Case Law

on Selected Issues, is a periodic cumulative outline that synthesizes the

cases reported in Guideline Sentencing Update

• Habeas & Prison Litigation Case Law Update—a 1996–1998 newsletter

that analyzed selected federal court decisions regarding the 1996 federal legislation on habeas petitions and prison litigation, to help

judges and court staff implement the legislation during the first few

years following its enactment

• Special Needs Offenders—a bulletin with information supplementing

the Center’s series of telecasts and training materials for probation and

pretrial services officers.
1999 Annual Report of the Federal Judicial Center 17

Information Services

The Center maintains a specialized collection of books, journals, and published and unpublished documents on the work of the federal courts. Drawing from these, it serves as a national clearinghouse for information on federal judicial administration. Last year, the Center answered nearly 2,000

written or telephone requests for information from judges and court staff, libraries, government agencies, academic institutions, research organizations,

bar groups, and the media.
18 1999 Annual Report of the Federal Judicial Center

The Federal Judicial Center Foundation is a private, nonprofit corporation

established by Congress to receive gifts to support the work of the Center.

By statute, the Foundation has sole authority to decide whether to accept

gifts to support the work of the Center, and thereby to determine the suitability of would-be donors. The Foundation may not accept gifts earmarked

for projects that have not previously been approved by the Center’s Board,

and the Center has sole control over the design and conduct of research or

education programs supported by donations.

The Foundation is governed by a seven-person board appointed by the

Chief Justice, the President Pro Tempore of the Senate, and the Speaker of

the House of Representatives. The members of the foundation’s board during 1999 (there was one vacancy) were:

• Dianne M. Nast, Esq., Lancaster, Pennsylvania, chair

• Laurie L. Michel, Esq., Washington, D.C.

• Richard M. Rosenbaum, Esq., Rochester, New York

• Benjamin L. Zelenko, Esq., Washington, D.C.

• Charles B. Renfrew, Esq., San Francisco, California

• Marna S. Tucker, Esq., Washington, D.C.

Grants to the foundation provide important financial assistance for Center programs in specialized areas. Foundation gifts were used for the following purposes in 1999:

• A grant from the American Institute of Certified Public Accountants

supported seminars to help judges analyze financial statements.

• A grant from the U.S. Department of State supported a seminar for

judges from the Russian Federation on the role of the judiciary in the

protection of intellectual property.

• A grant from the Hewlett Foundation supported a seminar for federal

court ADR administrators.

• Undesignated funds were used to support one program for senior

court managers and several of the Center’s special focus judicial education programs.

Under a 1994 agreement between the Center’s board, the foundation’s

board, and the Judicial Conference, the Center presents education programs

for foreign judges and other legal officials to assist them in improving the

administration of justice in their countries, and the foundation receives gifts

designated for the Judicial Conference’s use for this purpose. The Center

and foundation boards and the Conference expanded the agreement in 1998

to include education programs for state and federal judges and other programs designed to improve the administration of justice. Foundation funds

donated by the U.S. Agency for International Development and accepted

pursuant to these agreements were used in 1999, at the request of the

Agency for International Development, to support judges and court administrators traveling to Nigeria and providing technical assistance there.

Federal

Judicial

Center

Foundation
Center

Advisory

Committees

Center advisory committees provide guidance on education programs and publications. Center Board members serve on each of the judicial education advisory

committees as well as on the Benchbook committee and on the board of editors for

the Manual for Complex Litigation. These groups, which typically meet by telephone conference or during other Center programs, had the following membership during 1999.

Committee on Appellate Judge Education

Judge Kenneth F. Ripple (7th Cir.), Chair

Judge Guido Calabresi (2d Cir.)

Judge Stanley Marcus (11th Cir.), Center Board

Representative

Judge Robert M. Parker (5th Cir.), Center Board

Representative

Judge Pamela Ann Rymer (9th Cir.)

Committee on Bankruptcy Judge Education

Bankruptcy Judge Elizabeth L. Perris (D. Or.), Chair

Chief Bankruptcy Judge James B. Haines, Jr. (D. Me.)

Chief Bankruptcy Judge David S. Kennedy (W.D.

Tenn.)

Bankruptcy Judge Mary Davies Scott (E. & W.D.

Ark.)

Bankruptcy Judge A. Thomas Small (E.D.N.C.),

Center Board Representative

Professor S. Elizabeth Gibson (University of North

Carolina Law School)

Francis F. Szczebak (Administrative Office of the U.S.

Courts), ex officio

Committee on the Benchbook for U.S. District

Court Judges

Judge A. David Mazzone (D. Mass.), Chair

Judge William O. Bertelsman (E.D. Ky.)

Judge Edward C. Prado (W.D. Tex.)

Judge Louis L. Stanton (S.D.N.Y.)

Judge William H. Yohn (E.D. Pa.), Center Board

Representative

Committee on District Judge Education

Judge David W. McKeague (W.D. Mich.), Chair

Judge Garrett E. Brown, Jr. (D.N.J.)

Judge James C. Cacheris (E.D. Va.)

Chief Judge Jean C. Hamilton (E.D. Mo.), Center

Board Representative

Judge William T. Hart (N.D. Ill.)

Judge Thomas F. Hogan (D.D.C.), Center Board

Representative

Chief Judge Paul A. Magnuson (D. Minn.)

Committee on Magistrate Judge Education

Magistrate Judge John L. Carroll (M.D. Ala.), Chair

Chief Magistrate Judge Celeste F. Bremer (S.D. Iowa)

Magistrate Judge Virginia M. Morgan (E.D. Mich.),

Center Board Representative

Magistrate Judge John F. Moulds (E.D. Cal.)

Magistrate Judge Peggy E. Patterson (E.D. Ky.)

Magistrate Judge Joel B. Rosen (D.N.J.)

Thomas C. Hnatowski (Administrative Office of the

U.S. Courts), ex officio

Board of Editors for the Manual for Complex

Litigation

Judge Stanley Marcus (11th Cir.), Chair

Judge John G. Koeltl (S.D.N.Y.)

Chief Judge J. Frederick Motz (D. Md.)

Judge Lee H. Rosenthal (S.D. Tex.)

Judge Barefoot Sanders (N.D. Tex.)

Sheila Birnbaum, Esq. (New York, N.Y.)

Frank A. Ray, Esq. (Columbus, Ohio)

Defender Services Advisory Group Panel on

Defender Education

Judy Clarke (Community Defender, E.D. Wash. &

D. Idaho), Chair

Henry J. Bemporad (Asst. Federal Public Defender,

W.D. Tex.)

David Beneman (Panel Attorney, D. Me.)

Thomas W. Hillier II (Federal Public Defender, W.D.

Wash.)

Henry A. Martin (Federal Public Defender, M.D.

Tenn.)

Jon M. Sands (Asst. Federal Public Defender, D.

Ariz.)

Advisory Committee on Appellate Court

Education

P. Douglas Sisk (Clerk of Court, 3d Cir.), Chair

Molly C. Dwyer (Senior Staff Attorney/Chief Deputy

Clerk, 9th Cir.)

Gregory A. Nussel (Circuit Executive, 5th Cir.)

Elisabeth Shumaker (Chief Deputy Clerk, 10th Cir.)

Janet Wishinsky (Circuit Librarian, 7th Cir.)

Mark Zanchelli (Chief Deputy Clerk, 4th Cir.)

Advisory Committee on District Court Education

Norman H. Meyer, Jr. (Clerk of Court, E.D. Va.),

Chair

Michael W. Dobbins (Clerk of Court, N.D. Ill.)

Michael D. Hall (Clerk of Court, D. Alaska)

Deborah S. Hunt (Clerk of Court, S.D. Ala.)

Sheryl Loesch (Chief Deputy Clerk, D. Kan.)

Geri M. Smith (Clerk of Court, N.D. Ohio)

Ronald C. Weston (Clerk of Court, W.D. Mich.)

Advisory Committee on Bankruptcy Court

Education

Jed G. Weintraub (Clerk of Court, Bankr. W.D.

Tenn.), Chair

Lawrence T. Bick (Clerk of Court, Bankr. W.D. Tex.)

Richard C. Donovan (Clerk of Court, Bankr. D. Md.)

Kenneth Gardner (Chief Deputy Clerk, Bankr. S.D.

Cal.)

George D. Prentice II (Clerk of Court, Bankr. N.D.

Iowa)

Susan M. Thurston (Clerk of Court, Bankr. D.R.I.)

Linda Wright Simpson (Bankruptcy Administrator,

4th Cir., Bankr. W.D.N.C.)

Advisory Committee on Probation and Pretrial

Services Education

Joseph A. Giacobbe (Chief U.S. Probation Officer,

W.D.N.Y.), Chair

Shelia A. Jacoby (Chief U.S. Pretrial Services Officer,

S.D. Ala.)

Ellen J. Krause (Chief U.S. Probation Officer, D. Del.)

Robert M. Latta (Chief U.S. Probation Officer, C.D.

Cal.)

Robert S. Mitchell (Chief U.S. Probation Officer,

N.D. Okla.)

Elaine Terenzi (Chief U.S. Probation Officer, M.D.

Fla.)

Hence Williams, Jr. (Chief U.S. Pretrial Services

Officer, D. Or.)

19
20 1999 Annual Report of the Federal Judicial Center

Center

Board,

1999

The Chief Justice of the United States, Chair

Judge Stanley Marcus,

U.S. Court of Appeals for the Eleventh Circuit

Judge Robert M. Parker,

U.S. Court of Appeals for the Fifth Circuit

Chief Judge Jean C. Hamilton,

U.S. District Court for the Eastern District of Missouri

Judge Thomas F. Hogan,

U.S. District Court for the District of Columbia

Judge William H. Yohn, Jr.,

U.S. District Court for the Eastern District of Pennsylvania

Chief Judge A. Thomas Small,

U.S. Bankruptcy Court for the Eastern District of North Carolina

Magistrate Judge Virginia M. Morgan,

U.S. District Court for the Eastern District of Michigan

Leonidas Ralph Mecham,

Director of the Administrative Office of the U.S. Courts