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Storage A / / / s

ARTMENTS OF STATE, JUSTICE, AND COMMERCE,'^

THE JUDICIARY, AND RELATED AGENCIES

. J _ _ _ _ _ _ _ APPROPRIATIONS FOR 1967

J " 8 9 / ^ 7

H E A R I N G S

BEFORE A

SUBC OMM ITTEE OF THE 

COMMITTEE ON APPRO PRIATION S 

HOUSE OE RE PR ES EN TA TIVE S

EIG HT Y-N INT H CONGRESS

SECOND SESSION

SUBCOMMITTEE ON DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, 

THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS 

JOHN J. ROONEY, New York, Chairman

ROBERT L. F. SIKES, Florida 

JOHN M. SLACK, J r., West Virginia 

NEAL SMITH, Iowa

JOHN J. FLYNT, Georgia 

CHARLES S. JOELSON, New Jersey

FRANK T. BOW, Ohio

GLENARD P. LIPSCOMB, California

ELFORD A. CEDERBERG, Michigan

J ay B. H owe, St ag Ass ista nt to the Sub com mittee

THE JUDICIARY

Printe d fo r the use of the Committee on Appropriations

* • • U'v-.,

DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE

THE JUDICIARY, AND RELATED AGENCIES

APPROPRIATIONS FOR 19 67

H E A R I N G S

BEFO RE A

SUB COM MITTEE OF THE 

COMMITTEE ON APPRO PRI ATION S 

HOU SE OF RE PR ES EN TA TIVE S

EIG HT Y-N INT H CONGRESS

SECOND SESSION

SU BC OM MITTE E ON DEP ART M EN TS OF ST AT E, JU ST IC E, AN D COM MERCE, 

TH E JU DI CI AR Y, AND RE LA TE D AG EN CI ES APP ROPR IA TIO NS

JOHN J. ROONEY, New York, Chairman

RO BE RT L. F. SI K ES , Flo ri da 

JO H N M. SLA CK , J r., W es t V irgi ni a 

N EA L SM ITH, Iowa

JO HN J. FL YN T, Ge orgia 

■CHARLES S. JO EL SO N, Ne w Je rs ey

FR AN K T. BOW, Oh io

GL EN AR D P. LI PS CO MB, C al if or ni a

EL FO RD A. CE DE RB ER G, Michig an

J ay B. H ow e, S ta ff A s s is ta n t to th e S u b c o m m it te e

THE JUD ICIA RY

Printed for the use of the Committee on Appropriations

>68-160

U.S. GO VE RN MEN T PR IN TI NG O FFIC E 

WAS HI NG TO N : 19C6
COM M IT TEE ON A PP R O P R IA T IO N S

MAH ON , Te xa s, Chairman

F R A N K T. BO W, Ohio 

C H A R LE S R. JO NA S, Nor th Ca ro lin a 

M ELV IN R. LA IR D, Wisc on sin 

ELFO It D A. CE D EItBERG , M ichiga n 

GLEN A R D P. LIP SC O M B, Cal ifor nia 

JO HN J. RH OD ES , Ar izon a 

W IL LIA M E. M IN SH ALL , Ohio 

R O BER T H. M IC H EL, Illin oi s 

SIL V IO O. CO NTE , M as sa ch us etts 

OD IN LA NGEN , Minn esota 

B E N R E IF E L, So uth Dak ota 

GLENN R. DA VIS , Wisc on sin 

HOW AR D W. RO BI SO N, New Yor k 

G AR N ER E. SH RIV ER , Kan sa s 

JO SE PH M. M cD AD E, Pen nsy lv an ia 

M AR K AN DREW S, Nor th Dak ota

GEO RG E H.

M IC H A E L J. KIR W AN , Ohi o 

JA M IE L. W H IT TE N , M iss iss ippi 

GEO RG E W. AN DREW S, Alab am a 

JO HN J. RO ONE Y, New Yo rk 

JO HN E. FO G A R T Y, Rho de Island 

R O BER T L. F. SIK E S, Fl or id a 

OTT O E. PA SS M AN , Lo ui sian a 

JO E L. E V IN S, Tenn essee 

EDW AR D P. BO LA ND, M as sa ch us etts 

W IL LIA M II. N ATC II ER, Ke nt uc ky 

D A N IE L J. FL OOD, Pen ns yl va ni a 

W IN F IE LD K . DE NT ON , Indian a 

TO M STEED , Oklah om a 

GEORGE E. SH IP LE Y , Illin oi s 

JO HN M. SLA CK , JR., West Vir gi nia 

JO HN J. FLY N T , J r., Ge orgia 

N E A L SM IT H, Io wa

R O BERT N. GI AI MO, Co nn ec tic ut 

JU LIA B U T LE R HAN SE N, W as hing to n 

CH A R LE S S. JO EL SO N, New Je rsey 

JO SEPH P. AD DABBO, New Yo rk 

JO HN J. M CF AL L, Cal ifor nia 

W. It. H ULL , J r., Misso uri

D. R. (B IL L Y ) M ATT H EW S, Flo ri da 

J E F F E R Y CO H ELA N, Cal ifor nia 

TH OM AS G. MOR RI S, New Mexico 

EDW AR D J. PA T TE N , New Je rs ey 

CLAR EN CE D. LO NG , M ar ylan d 

JO HN O. MAR SH , J r., Vir gi nia 

RO BERT B. DU NC AN , Oregon 

SID N EY R. Y A T E S, Illin oi s 

B IL L IE S. FA ItNU M, Mich igan 

BO B CA SE Y, T e x a s 1

K en n et h Sp r a n k l e, Clerk and Staf f Director

1

 E le ct ed to th e com mitte e March 8,1966.
DEPARTMENTS OF STATE, JUS TIC E, AND COMMERCE,

THE JUD ICIARY, AND RELATED AGENCIES AP PR OPRIAT ION S, 1967

Monday, F ebruary 7,1966.

Mr. Rooney. Gentlem en, the committee will please come to ord er.

I should like to first point out th at the tot al of thi s bill makin g 

ap prop ria tio ns for the fiscal year 1967 fo r the De partm ents of St ate, 

Justice, and Commerce, the Fe deral Ju dici ar y, and relate d agencies 

con stitute s a tot al request, inc lud ing the hig hw ay trus t fun d, in the 

am ount $6,561,892,500.

T H E JU D IC IA R Y

Th e first of these agencies or pa rts of Gover nment to which we 

sha ll dir ect our attenti on is the Federal judic iar y. Th e total request 

for the Federal judicia ry fo r the fiscal ye ar 1967 is in the am ount 

$91,576,500. Th is wou ld c onstitute an increase in the am ount $10,882,- 

600 over the ap prop ria tio ns to date fo r fiscal ye ar 1966. Th is would 

be an increase of more than 13 perc ent and of course the m embers of 

the committee should bear in mind th at wh ate ver requ ests are sub ­

mitte d by the judiciary—a nd I am no t specifically now thinking of 

the Sup rem e Co urt bu t the overall judiciary—is appro ved witho ut 

insp ection by the B ure au o f the Budg et.

In connection with thi s requ ested increase of $10,882,600, I should 

also like to indicate th at th e sup plemental requests fo r pay raises have 

not been taken into a ccou nt, and th at when the 1966 figu re is adju ste d 

to include funds requ ested or to be requested for Pa y Ac t increases, 

the increase r eque sted is still $9,741,100, which is a n increase of a lmo st 

12 percen t over the adjus ted ap prop ria tio n fo r the Fe de ral judic iar y 

las t y ear.

S ummary of A ppropriation Requests

\Ye shall insert a t th is p oint in the record pag es I, I I and I I I of the 

justification book.

(T he pages follow:)

Comparative sum mary of appropriations and appropr iatio n estimates

Co urt o r service

1966

ad juste d 1

1967

estim ate

Increase, 

1967 ov er 

1966

Ann ua l a p p ro b ati o n s (general acc ount) :

Sup re ^p C ourt ___ _______________________________

C oir t of Ou st aus and Pat en t A ppea ls ............... . ................

Cu sto ms Co i r t ________ _____ ______________________

$2,584,500 

456,300 

1, ISO, 100 

1,314,500

65,426,000

$2,626,600 

475,200 

1,221,700 

1,343,400

74,646,600

$42,100

18.900 

41,600

28.900

9,220,600

C o u rt of claim s . . __ ____

Co irto ol appeals , distric t court s, an d othe r judicia l 

sa vices. _________ _____________ ______ ___ ____ _

To tal annual approp ria tio ns (general acc ou nt)........ .

A ppro pri ations (sp eci al ac co un t) 70,961,400

10,874,000

80,313,500 

11,263,000

9,352,1 >0 

389,0)0

Orand t ota l____ _________________________________ 81,835,400 91,576,500 9,741,1 )0

1

 Inc lud es proposed supplem en tal for p ay Increases.

(1)
Summary of positions

1965

ac tual

1966

est im ate

1967

estim ate

To tal n um be r of pe rm an en t position s.................... ....................... 5,647

377

5,868

5,869

296

6,028

6,199

301

6,120

Fu ll- tim e e qu ivalen t of othe r position s_________________ . . .

Average nu mbe r of all em plo yees____ _____________________

Comparative sum mary of obligations by object

[In tho us an ds of dollars]

1965

actual

1966

estim ate

1967

est im ate

Person al serv ices a nd be nefits:

11 Perso nnel compens atio n:

Pe rm an en t po si tion s. . . ____________________ . $53,805 

1,818 

6,419 

146

$57,667 

1,348 

8,998 

150

$60,730 

1,356 

12,649 

151

Position s oth er tha n pe rm an en t_____ . . . . .

Special personal service p ay m en ts_____ _____ _

Other pers onnel co mp ensat ion ___ . . .

To tal per son nel co mp ensation . . . ___ . . . 62,188

3,675 

31

68,164

3,932

35

74,887

4,163

35

12 Perso nnel benefit s___ " _______ . . . . ___ _ ..

13 Benefits for former p ers onnel __________________________

To ta l personne l services an d benefits_______________ 65,894 72,131 79,085

Con tra ctua l s ervices an d sup plie s:

21 Tr av el an d tra ns po rta tio n of persons___________ ______ 3,726 

26

1,715

677

381

466

4,052

41

1,994

730

927

471

4,345

43

2,289

749

1,452

527

22 Tr an sp or tatio n of thin gs __________ _______ . .

23 Ren t, comm unications, an d u tili tie s .. ._______________

24 Print in g an d reprod uc tio n________ . ___________ _

25 Othe r serv ice s________________________________ .

26 Supplies an d materials____________ ______ .

To ta l co ntractua l services an d su ppl ie s..___________ . 6,992

1,428

8,215

1,360

130

9,405

1,686

1,400

Ac quisitio n of ca pital assets:

31 E quip m en t. . .. ________ _____ . . . .

U ndi st ribu te d:

92 Reserve for con tingenci es_______ _____ _ ________ .

To tal obligations_________ ______ ___ 74,316 81,835 91,574

ADDITIONAL PERSONNEL REQUESTED

Mr. Rooney. Page II indicates a request of 6,199 perm anent position s, wh ich would be an increase of 330 positions.

Mr. Anderson , would you please expla in the figures on page II 

whe re you indicate you are a sking f or 330 addit ion al permanent positions and 5 ful l-ti me equ ivalent of oth er positions and then come up 

with an increase of only 92 in average numb er of all employees?

Mr. Anderson. Yes, sir. Th e figure of 6,120 as the average num ber 

of all employees is a n erroneous figure , I am sorry to say. Tha t figure 

sho uld be 6,355 or an increase in average numb er of all employees 

of 327.

. M r. Rooney. I s this a case of req uesting the positions fo r only par t 

tim e the first year and then com ing in the next ye ar and say ing t ha t 

the Congress gave us the positions las t year bu t no t enough money 

and now we need enou gh money to keep them on the roll fo r the full 

year ? Tha t is about it, is it not ?

Mr. Anderson. In the are a of prob atio n; yes, sir.
3

SUP REM E COURT OF TH E UN ITE D STA TES 

W IT N ESSE S

HON . TOM C. CL ARK , ASS OCIA TE JU ST IC E 

JO H N F. D AV IS , CLERK 

T. P E R R Y L IP P IT T , M A RSH A L

D IN A R. ZU CC ON I, A SSIS TAN T TO T H E M A RSHA L 

J. GEO RG E ST EW A R T, A R C H IT EC T OF T H E CAPI TO L 

CH A RLES A. HEN LO CK, A D M IN IS T R A T IV E O FFIC ER , O FFIC E OF 

T H E A R C H IT EC T OF T H E CAPI TO L

Mr. Rooney. The first of the courts to which we shall direct our 

attention is the Supreme Court of the United States, and we are 

pleased once again to have with us the Associate Justice of tha t Court, 

the Honorable Tom Clark of Texas. It is a pleasure to have you here 

at the table with us, Mr. Justice Clark.

Justice Clark. Thank you, Mr. Chairman.

Mr. Rooney. We shall at this point insert page 1 of the justifications 

with regard to the Supreme Court.

(The page follows:)

Sum mary statement relating appropr iation estimate to current appropriation

Supre me C ou rt of the United States:

1966 app ropriatio n in an nu al act_____________________________________________________ $2,543, 500

1966 p ropose d supp lem en tal for civilian p ay increa ses __________________________________ 41,000

Base for 1967...................................................... ........................................................................ ........... 2,584,500

N et difference, 1967 over 1966:

Re qu irem en ts Difference, 

increase (+) 

or

1966 decrease (—)

ad juste d

1967

estim ate

1. Salaries, Supre me C o u rt .. . . . _____ _____ $1,966,000 

138,000 

120,000 

314,000 

8,500 

38,000

$2, 003, 000 

138,000 

120,000 

318,700 

8,900 

38,000

+$37,00 0

2. Print in g an d bind ing Supre me Co urt re po rts___

3. Misc ellan eous expenses, Supreme C o u rt .. _____

4. Care of th e b uil ding an d grou nds, Supreme C ou rt.

5. Au tom obile for the C hie f Justic e, Suprem e C ou rt.

6. Books for th e Supre me C ourt __ _______________

+4, 700 

+40 0

T ota l____________________________________ 2,584, 500 2,626,600 +42 ,10 0 +42 ,10 0

To ta l est im ate for 1967. 2,626,600

INC REASE REQUESTED

Mr. Rooney. This page indicates tha t the total request is in the 

amount $2,626,600, which would be an increase of $42,100 over the 

adjusted appropriation for the current fiscal year.

You have a statement with regard to this, do you, Mr. Justice Clark? 

General Statement

Justice Clark. Mr. Chairman and gentlemen of the committee, it is 

indeed a great pleasure to be with you. As a m atter of fact, I rose 

out of a sickbed to come because I have not missed a meeting for many 

years and I did not want to break tha t record. Last Sunday I had 

an attack of vertigo and the doctors kept me in. It makes you un-
4

steady on yo ur feet. Sometimes you go into orb it. Otherwis e you 

are all righ t.

I wa nt to say th at M r. Ju sti ce Black is very, very sorry he is not 

here today. He wen t out of tow n last Tuesday and asked me to express his regret to the c omm ittee f or n ot being here and to extend his 

best wishes to each of you. He joins my conclusions with reg ard to 

the bud get fo r the S upr eme Co urt.

As the chairma n has ind icated in pu ttin g in the record pag e 1, our 

budget is almost identical in am oun t to th at of la st year. The increase 

of $42,100 is in three items, one of w hich I will mentio n a nd th e others 

I think my good fri en d the Ar chite ct of the C api tol will tak e c are of.

The one item is fo r one addit ion al ste nographer in the pool of 

stenogra phers at the Court. Ea ch Ju sti ce has one ste nogra pher, as 

you know, an d a t present we ha ve a pool of, I think, five stenogr aph ers. 

Ou r wor k since fiscal ye ar 1961—th at is the las t tim e we had any 

increase in ste nographic help—h as increased abo ut 30 percent. In ­

deed, Mr. Ch air ma n, since I came on the Co urt 16 years ago the 

numb er of cases has in creased thre efo ld.

The in crease since 1961 has been abo ut 600 cases. Tha t causes a dd itional ste nogra phic work, so ra th er t ha n havin g more than one secreta ry fo r each J us tic e we decided we would create a small pool, which 

we sta rte d about th at time, I believe. The requ ested increase is for 

$6,896 fo r one ste nogra pher, grad e 7.

The only oth er increases are fo r sta tutory raises and ing rad e 

promotions .

I think it is necessary fo r th e C ourt to have this addit ion al secretary. 

My sec retary very often works on Sa turday s and Sundays—well, 

every Sa turday —and I know the other Justices’ work has incre ased 

likewise, req uirin g th at th ei r secreta ries work overtime. So I trus t 

the committee will agre e to give us th is addition al sec ret ari al help.

I believe th at is all, Mr. Chairma n.

Mr. R ooney. Very well.

S al ar ies , Supr em e Cour t

Object classification

[In th ousa nds of dollars]

1965 actual 1966 estimate 1967 estimate

Personnel compensation:

11.1 Perm anen t positions____________________________ 1,686

72

1,762

88

1,797 

11.3 Positions oth er tha n p ermanent__________________ 89

Total personnel compensation__________ _______ 1,758 

109

1,850

116

1,886

12.0 Personnel benefits____ __________________________ 117

99.0 Total obligations___ _______________ ________ 1,867 1,966 2,003

Personnel sum mar y

1965 actual 1966 estimate 1967 estim ate

Total num ber of perma nent positions........................................ 189

16

193

189

20

204

190

20

205

Full-time equ ivalent of other positions... ........... ............... ...

Average n umb er of all employees___ _ _______________ .
5

Program and financing

[In th ousa nds of dollars]

1065

actual

1066 1067

estim ate estim ate

10

25

40

44

71

72 

74

00

01

Program by activities:

Salaries, Supreme Court (obligations)_________

Financing:

Unobligated balance lapsing_________________

New obligational autho rity_____________

New obligational authority:

App ropriation____________________________

Proposed supp lemental for civilian pay increases.

Relation of obligations to expenditures:

Tota l obligations (affecting expenditures)______

Obligated balance, sta rt of year______________

Obligated balance, en d of year..... ........................

1,867

27

1,804

1,804

1,867

60

-7 5

1,066

1,066

1,025

41

1,066

75

-8 4

2,003

2,003

2,003

2,003

84

-0 0

Expenditures excluding p ay increase s upple mental.. 

Expenditures from civilian pay increase supplemental.................................... ..................................

1,852 1,018

30

1,005

2

The first of six items that make up the appropriation for the Supreme 

Court of the United States is entitled “Salaries, Supreme Court.” 

The request is in the amount $2,003,000, which would be an increase of 

$37,000 over the adjusted appropriation for the current fiscal year.

We shall insert at this point pages 2 through 8 of the justification 

book.

(The pages follow:)

Statement j-elating appropr iation estimate to current appropr iation

Salaries, Supreme Court:

1066 appropriation in annual a ct _______ _______ ______________ __________________ $1,025,000

1066 proposed supp lemental for civilian pay increases_______________________________ 41,000

Base for 1067................................ ................... ......... ......... ..................................................... 1,066,000

Ne t difference, 1067 over 1066:

Requirements Difference, 

increase 

(+) or de1066 crease (—)

adjusted

1067

estimate

$1,066,000 $2,003,000 +$37,000

Tota l estimate for 1067______________________________________________________ 2,003,000

Statement showing analysis by object

Object 1066 estimate 1967 estimate

Increase (+) 

or

decrease (—)

11 Personnel compensation_____ ________ ______________ $1,850,400 

115,600

$1,886,000 

117,000

+$35,600

12 Personnel benefits______________________ _____ ____ +1,400

To tal........................ . ........................................................ 1,066,000 2,003,000 +37,000
6

Summary of increased requirements for 1967

Na ture of expense (or savings):

1. Pay increase, Public Law 89-301 (compensation $15,200 and Amount

benefits $800)________________________________________ $16,000'

2. Within-grade salary advancements (compensation $13,504 and

benefits $600)________________________________________ 14, 104

3. New position, assistant secretary__________________________ 6, 896

Increase, 1967 over 1966_______________ _______________ 37, 000

JU S TIF IC A TIO N

Language changes

None.

Objectives

The appropriation here requested is to provide the necessary monies to pay 

the salarie s o f th e Members of the Supreme Court of the United States, the Officers of the Court, the ir respective staffs, and the Court’s custodial employees. 

General justification

The following stateme nt reflects the case work of the Court for the past 

thr ee t er m s:

Statement showing the number of cases filed, disposed of, and remaining on dockets at

conclusion of October terms, 1962, 1963, and 1964 {October term 1964 ended June 7,

1965, corresponds to fiscal year 1965)

Origi na l A ppe llat e M isce lla ne ou s T o ta l

1962 1963 1964 1962 1963 1964 1962 1963 1964 1962 1963 1964

N u m b er of cases o n 

d o ck e ts .- - . ............ .......

N u m b er di sp os ed o f d u rin g te rm s____ ____ ____

N u m b er re m ai nin g o n 

dock ets ____ _________

15

7

9

2

11

2

1,182

972

1,238

1,036

1,247

1,027

1,627

1,371

1,532

1,374

1,404

1,151

2,824

2,350

2,779

2,412

2,66 2

2,18 0

8 7 9 210 202 220 256 158 253 474 367 482

T erm s

1962 1963 1964

D is tr ib u ti o n o f cases d is po se d of d u ri n g te rm s:

O rigi na l ca ses........ .................. ......... .... ............................................. 7 2 2

A ppel la te cases on m e ri ts _____________ ______ . . . . . . 282 303 236

791

1,151

9

86

134

P eti ti o n s for ce rt io ra ri ........... . . _____ _____ . . . . . 690 733

M isce lla ne ou s do ck et ap p li cati o n s.- ________ . . . . . . . . . . . . . . . . . . . 1,371

8

1,374

7

D is tr ib u ti o n o f ca ses r em ai ni ng on d oc ke ts :

O rigi na l ca ses_________ . . . _________ . . . . . .

A ppel la te ca ses o n m eri ts ......................... ...................... ....... 108 81

P eti ti o n s for ce rtio ra ri , _ _______________ _______ ______________ 102 121

M isce lla ne ou s do ck et a ppli cati ons_____ . . . _____ _____________ 256 158 253

An appropriation of $2,003,000 is requested for sala ries of the Supreme Court 

staff for 1967. This represen ts a net increase of $37,000 over the 1966 estimate 

for this item.
Detailed j ustification

A ctu al, 1965 E sti m ate , 1966 E sti m ate , 1967

N u m b er of 

po si tion s

A ver ag e

n u m b e r

em plo yed

C os t

N u m b er o f 

po si tion s

A ve ra ge

n u m b er

em pl oye d

C os t

N u m b er of 

po si tions

A ve ra ge

nu m b er

em plo yed

C ost

F u ll -t im e em p lo y m e n t_________ _________ _____ 189

20

177

16

$1,686 ,254

63,979

7,5845,144

11,173 

90,555 

2,231

189

20

184

20

$1,762 ,156

82,244

6,000

5,90 0

11,500

98,2 00

190

20

185

20

$1,7 97,081

82,9 19

6,00 05,90 0

11,500

99,600

P a rt- ti m e e m p lo y m en t.............. ....................... - . . T e m p o ra ry em p lo y m en tE m p lo y er’s c o n tr ib u ti o n s:

Li fe in su ra nce ______ __ ___ _______ -

H ea lt h be ne fits ______ ____________________

R eti re m en t fu nd

E m p lo y ees’ com pen sa tion fu nd

T o ta l________ _____________ ____ ________ 209 193 1,866,92 0 27,080 209 204 1,966,000 210 205 2,0 03,00 0 S a v i nga_

T o ta l ap p ro p ri ati o n or e st im ate 1,894,00 0 1,96 6,00 0 2,0 03,00 0
8

Pay increase—Public Law 89-301

The tota l cost of the pay increase provided by Public Law 89-301 is $57,000. 

A supplemental request in the amount of $41,000 was submitted for fiscal year 

1966 since the increase was not effective until October 10, 1905. An amount of 

$16,000 is requested for fiscal year 1907 over fiscal year 1906, since the pay increase would apply for a full fiscal year. The estimate includes $15,200 to cover 

increases in compensation and $800 fo r rela ted benefits—agency contributions to 

the Civil Service R etireme nt and Life Insurance funds.

Analysis of pay increase costs

Comp ensatio n

Benefits To tal

Tot al cost, Pu bl ic L aw 89-301_________ . . . $54,000 $3, 000 $57,000 Re qu es ted for fiscal y ear 1966 (increase e ffective O ct. 10,1 965). 38^800 2,200 4L 000

Add iti on al re qu ire d for fiscal y ear 1967................................ 15,200 800 16,000

Within-grade salary advancements

The sum of $14,104 is required to gra nt reg ular within-grade salary increases 

which wall become due in 1967. The estimate includes $13,504 to cover increases 

in compensation and $600 for rela ted benefits—agency contributions to the Civil 

Service Retirement Fund.

New position—assistant secretary

An amount of $6,896 is requested for one new position, Assistant Secretary, 

Grade 7. This position is added to provide additional secreta rial assistance for 

the members of the Court. The burden on the Justices’ secretaries has increased 

with the workload of the Court from year to year. The las t increase was to 

add two additional secretaries in 1961. The number of cases on the Court’s 

dockets has increased from 2062 to 2662 since that time.

INCREA SES REQUESTED

Air. Rooney. Page 4, you will find, sets forth the requested increases, the new position of assistant secretary described by Mr. Justice Clark being included at $6,896.

Justice Clark. I failed to state, Mr. Chairman, if there are any 

questions I will be happy to answer them if I can.

PA RT -TIM E EM PLOY ME NT

Mr. Rooney. Wha t is this item “ Part-time employment” set forth 

on page 7 of the justification, with 20 in average employment?

Justice Clark. That would be the charwomen who clean up the 

building.

clerk’s office

Mr. Rooney. Wha t was the total cost of the Clerk’s office in fiscal 

1965, the last fiscal year?

Justice Clark. Do you have that, Miss Zucconi ?

Miss Zucconi. I do not have that information with me.

Mr. Davis. We do not have it broken down by the clerk’s office.

Mr. Rooney. Please furnish that information at this point in the 

record.

(The information requested follows:)
9

Cl erk s’ Office—Fis cal ye ar 1965 (10 mo nth s)

Sa larie s ______________________________________________________ $182,443

Mis cellaneous expenses ________________________________________ 32,893

To tal obligation s 215,336

To tal rec eip ts __________________________________________________

Income fo r 5 preceding y ears :

1960 ________________________________________________________

1961 ________________________________________________________

1962 ________________________________________________________

1963 ________________________________________________________

1964 ________________________________________________________

172, 798

192, 054 

237,451 

160, 073 

198, 548 

206, 480

FEES COLLECTED

Mr. Rooney. How much was taken in in fees in fiscal year 1965? 

Do you have tha t data ?

Miss Zucconi. Yes. In 1965 it was $172,798.

Mr. Rooney. Wha t was the average of the 4 previous years?

Miss Zucconi. Fiscal 1965 was the first year we transferred the 

money to the Treasury.

Mr. Davis. That is only 10 months.

Miss Zucconi. Yes.

Justice Clark. The act transferring the clerk to the general fund 

budget took effect a fter the beginning of the year, so we only had it 

for 10 months the first year.

Printing and Binding Supreme Court Reports

Program and financing

[In th ousands of dollars]

Program by activities:

10 Prin ting and binding Supreme Court reports (obligations)

(object class 24)_________________________________

Financing:

25 Unobligated balance lapsing........................ . ........... ..........

40 New obligational auth ority (appropriation). . . ..............

Rela tion of obligations t o expenitures:

71 Total obligations (affecting expenditures)______ ____ ...

72 Obligated balance, sta rt of year _____________________

74 Obligated balance, end of year ______________________

77 Adjustm ents in expired accounts............... ........................

90 Exp enditures....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1965 actual 1966 estimate 1967 estimate

133

5

138 138

138 138 138

133

75

-6 5

-1 2

138

65

-7 0

138

70

-7 0

131 133 138

Mr. Rooney. The second of the six items is entitled “Printing and 

Binding Supreme Court Reports.'’ In connection therewith we shall at 

this point insert pages 9 through 11 of the justification book.

(The pages follow:)
Statement relating appropriation estimate to current appropriation

$138,000 

138,000

Pr in tin g an d b inding S upr eme Cou rt rep orts:

1966 ap pro priatio n i n an nu al act ____ ____________________ ____ _____ _________________

Base for 1967____________________________________________________________________

N et difference, 1967 ov er 1966:

Re qu ire me nts

Difference 

(+ ) or ( - )

1966 appropriated

1967

est im ate

Pr in tin g an d bin ding S upr eme Cou rt re po rts______ $138,000 $138,000

To tal e stima te for 1967__________________________________________________________ 138,000

Statement showing analysis by object

Object

1966

est im ate

1967

estim ate

Increase (+ ) 

or

decrease (—)

24 Pr intin g an d rep rodu ction_____ ______________________ $138,000 $138,000

Tota l............... ....................................... 138,000 138,000

JU S T IF IC A T IO N Language changes

None.

Detailed justification

An appropriation of $138,000 is requested for prin ting Supreme Court Reports 

in fiscal year 1067. This amount is the same a s the estimate for fiscal year 1066. 

This work is requ ired by sta tut e and is performed by the Government Printin g 

Office at rates fixed by th at agency. The actual cost for 1063 and 1064 and the 

estimated obligations for 1065 are as follow s:

1963 1964 1965

Fo r slip opin ions ___ . .. $63,020 

68,842

$66,623 

57,127

$68,906 

64,094 For preli mi nary p rint s an d bo un d volu m es. .. ________ ____

Tota l_______ ______ ___________ ____________ 131,862 123,750 133,000

The cost of prin ting and binding Supreme Court Reports depends upon the 

volume of material to be printe d and bound and the r ate s being charged by the 

Government Printing Office at the time the work is done.

1966 OBLIGATIONS

Mr. Rooney. Yo ur request fo r “P rinti ng and bind ing Sup rem e 

Co urt repo rts” is in the am ount $138,000, the same am ount as the 

prese nt fiscal year. I jus t have this one qu estio n: W ha t are yo ur best 

estimates of obligatio ns fo r fiscal 1966 fo r pr in ting an d bind ing Su ­

preme Co urt repo rts ?

Miss Zucconi. Th roug h J an uar y 31 we obligated $49,405.

Mr. R ooney. An d yo ur estimate f or June 30 1

Miss Zucconi. We have reque sted $138,000.

Mr. Rooney. I know th at. We gav e you $138,000. We wa nt to 

know how much you will have left over when you get t o Ju ne 30 accordi ng to you r skillfu l e stim ate?

Miss Zucconi. I th ink that would dep end on w het her or not we have 

four volumes or three volumes.
11

Justi ce Clark. You see, Mr. Chairma n, the pr in ting depends lar gely 

on the numb er of cases reporte d and the size of the opin ions . Wh en 

I f irst came to the C ou rt we on ly had two volumes. A few years lat er 

it was up t o four volumes, a nd now I think we aver age th ree volum es. 

We c ann ot estimate it w ith accuracy. I rem ember two or th ree cases, 

like the Comm unist Control Board case, ran over 100 pag es, which 

wou ld be abo ut one-f ourth o f a volume. Tha t was several y ears ago. 

I do not think ou r cases the res t of th is t erm w ill have an ything like 

th at to cope with.

Miscellaneous E xpenses

Object classification

[In thousa nds of dollars]

1965

actual

1966

estimate

1967

estimate

21.0 Travel and tran sportation of persons__ ____ . . . ____ 1 3 3

22.0 Tran sportation of thi ng s.. .. . _____ _____ _ ____ 1 2 2

23.0 Rent, communications, and util itie s_______ ____. .. . 23 22 22 24.0 Prin ting and repro duction___________ ____________ 34 31 31

25.1 Other services______________ ________ ________ 13 14 14 26.0 Supplies and materials___ ______________ _____ ___ 32 24 24

31.0 Eq uip me nt_____________________________________ 11 24 24

99.0 Tota l obligations________________ __________ 115 120 120

Program and financing

[In thousa nds of dollars]

1965

actual

1966

estim ate

1967

estim ate

Program by activities:

10 Miscellaneous expenses, Supreme Court (obligations)........

Financing:

25 Unobligated balance lapsing_________ __________ ____

115

5

120 120

40 New obligational autho rity (appropriation)________

Relation of obligations to expenditures:

71 Total obligations (affecting expenditures)_____________

72 Obligated balance, start of year_____________ _______

74 Obligated balance, end of ve ar___________________ ...

77 Adju stments in expired accounts______ _____________

120 120 120

115

30

-3 9

-1

120

39

-4 0

120

40

-4 0

90 Exp enditures_________________________________ 105 119 120

Mr. Rooney. Th e th ird item is entitl ed “Miscellaneous Expenses, 

Supreme. Court,” an d be gins at page 12 of t he justifi cation book, which 

page we shall insert at t his po int in the record t og ethe r w ith pag es 15 

an d 14.

(The pages follow:)

Statement relating appropriation estimate to current appropriation

Miscellaneous expenses. Supreme Court:

1966 appropriation in annual a ct........ —______ ___________________________________ $120,000

Base for 1967.................... ........................................................... . ............................................... 120,000

Net difference, 1967 over 1966:

Requirements Difference, 

increase 

(+ ) or de1966, crease (—)

appropriated

1967

estimate

$120,000 $120,000

Total estimate’for 1967____________________________________________ . ________ 120,000
12

Statement showing analysis by object

Object 1966

est im ate

1967

estim ate

Increase (+ ) 

or decrease 

( - )

21 Tr avel an d tra ns po rta tio n of pers ons_________ _____ $2,600

2,000

22,400 

31,000 

14,200 

24,000 

23,800

$2,600

2,000

22,400 

31,000 

14,200 

24,000 

23,800

22 Tr an sp or tatio n of th in gs _____ _________

23 Ren t, comm unica tio ns, an d ut ili tie s.......... .........

24 Pr in tin g an d re pr od uc tion .-............................. . . .

25 Othe r serv ices .. ______ ________

26 Sup plies an d m at er ia ls.___________ ______

31 Equip m en t________ _________________________

T o ta l... ............................................... .................................... 120,000 120,000

JU ST IFICAT IO N

Language changes

None.

Objectives

This appropriation provides for the miscellaneous expenses of the Supreme 

Court which include the purchase of office, janitoring, and other housekeeping 

supplies, materials and equipment; travel (including automobile tran spo rtation 

for the Court and its officers); communication services; and penalty mail. 

Pri nti ng and binding, except for the U.S. Reports, also is paid for from this 

appropriation. In addition this appropriation pays for the expenses of p rinting 

briefs and trav el expenses of atto rneys in in form a pauperis cases.

'General justification

An a ppropriation of $120,000 is requested for 1067 to supply the Court’s needs 

for supplies and equipment, and for other miscellaneous expenses. This amount 

is the same as the amount appropriated for fiscal year 1966.

Mr. R ooney. These page s ind ica te the request is in the amoun t 

$120,000, the same amount as the cu rre nt fiscal year.

Automobile for th e Chi ef J ustice

Object classification

[In thou sand s of dollars]

1965 ac tual 1966 es tim ate 1967 es tim ate

11.1 Perso nnel com pensa tion: Pe rm en en t po sit ions ------------- 6 6 6

1

21.0 Tr av el and t ra nsp ir ta tion of pe rso ns--------------- ---------- 1 1 1

26.0 Sup plies an d ma teria ls______________________________ 1 1 1

99.0 Tot al obli gati ons...----------- - ----------------------------- 8 8 9

Personnel summary

1965 ac tua l 1966 estim ate 1967 estim ate

To ta l n um be r of perman en t pos itio ns______________________ 1 1 1

Average nu m be r of all em ployees--------------------------------------- 1 1 1
Program and financing

[In thousands of dollars]

1965

actu al

1966

estimate

1967

estimate

Program b y activities: 8 8 9 10 Automobile for the Chief Justice (obligations)....................

Financing: 8 8 9 40 New obligational auth ority (appropriatio n)........................

Relation of obligations to expenditures: 8 8 9 71 Total obligations (affecting expenditures).......................... -

72 Obligated balance, s tart of year............................................ 1 1 1

74 Obligated balance, end of yea r.................. -..................... — —1 — 1 —1

90 Expenditures................ — ..................- ..................... — 8 8 9

Mr. R ooney. I f the re are no questions, we shall proceed to th e fou rth 

item with which you are dire ctl y concerned, en titled “Au tom obile for 

the C hie f Justic e, Supre me Court.” In t his connection we shall insert 

pages 24 throug h 28 of the justification book.

(The pages follow :)

Statement relating appropriation estimate to current appropriation

Automobile for the Chief Justice, Supreme Court: 1966 appropriation in annual ac t................................................................................................. $8,500 Base for 19 67--........................................................................................- ................................... 8,500

Ne t difference, 1967 over 1966:

Activities

Requirem ents

Difference 

increase 

(+ ) or decrease (—)

1966,

adjusted

1967

estim ate

Automobile for the Chief Justice, Supreme Cou rt... $8,500 $8,900 +$400

Total estim ate of appropriation, 1967....... . ........................................—................................. 8,900

Statement showing analysis by object

Object

11 Personnel compensation.....................

12 Personnel benefits......... ---------------

21 Travel and tran spor tation of persons

25 Other services___________________

26 Supplies and materia ls------------------

To tal ________________ ______ —

1966

estim ate

1967

estim ate

Increase (+) 

or

decrease (—)

$5,784

477

1,000

300

939

$6,159 

505 

1,000 

300 

936

+$375

+28

- 3

8,500 8,900 +400

Summary of increased requirements for 1967

Nature of expense (or savings): Amount

1. Pav increase, Public Law 89-301 (compensation $210 and benefits

$16)__________________________________ ____ _____ _____ $226 2. Within-grade salary advancements (compensation $165 a nd benefits $12)_______________________________________________ 177

3. To adjust the total appropriation to the nearest hundred------------ —3

Increase, 1967 over 1966--------------------------------------------------- 400
14

JU STIF IC AT IO N Language changes

None.

Objectives

To provide for an automobile fo r the Chief J ustice of the United States. 

Detailed justification

This appropriation covers the cost of providing an automobile for the Chief 

Justice of the United States. Services included are the chauffeur’s sala ry, 

employer’s contributions for life insurance, hea lth benefits and the retir eme nt 

fund, gasoline an d oil, re pairs and rental.

An appropriation of $8,900 is requested fo r th is item for 1967. This represe nts 

an increase of $400 over the 1966 estim ate fo r this item.

Pay increase—Public L aw 89-301

The sum of $226 is requested to cover the increase in sala ries provided for by 

Public Law 89-301. This amount includes $210 for compensation and $16 for 

related benefits—agency contributions to the Civil Service Retirement fund. 

Within-grade salary advancement

The sum of $177 is required to gra nt a regular within-grade salary increase 

which will become due in 1967. The e stim ate includes $165 to cover the increase 

in compensation and $12 for related benefits—agency contributions to the Civil 

Service Retirement and Life Insurance funds.

Adjustment

The allotment for “Supplies and materials” is decreased by $3 in orde r to 

adjus t the total appropriation to the neare st hundred.

Mr. Rooney. Th is request is in the amoun t $8,900, which would be 

an increase of $400 over the a mou nt fo r the cu rre nt fiscal yea r. Is i t 

the fact th at this requested increase of $400 is all fo r pay ac t increases, 

an d w ith in- gra de adv ance ments ?

Mr. Davis. Yes.

Books for the Supreme Court

Program and financing

[In th ousands of dollars]

Program by activities:

10 Purchase of books and periodicals (obligations) (object

class 31.0)______________________________________

Financing:

40 New obligational a uth ority (appropria tion)_____ ____ Relation of obligations to expenditures:

71 Total obligations (affecting expenditures)........................... 72 Obligated balance, sta rt of year_____ ____ ___________

74 Obligated balance, end of year....... -____ ______ _____ _

90 Expenditure s_________________________________

1965 actual 1966 estim ate 1967 estimate

35 38 38

35 38 38

35 38 38

4 3 3

- 3 - 3 - 3

37 38 38

Mr. Rooney. The fifth item with which you are di rec tly concerned, 

Mr. Justi ce Clark , is entitled “Books for the Supreme Co urt,” and is 

to be fou nd begin nin g at page 29 of t he ju stification book, which pa ge 

we sha ll inse rt at this point in the reco rd tog eth er with pag es 30 

and 31.

(The pages follow :)
15

Statement relating appropriatio n estimate to current appropriation

Books for the Supreme Court:

1966 appropriation in an nual a ct ________________________________________________ $38,000

Base for 1967,............. .............. . ........................ . .......................— ......................................... 38,000

Ne t difference, 1967 over 1966:

Requirem ents

Difference, 

increase (+) 

or decrease (—)1966

appropriated

1967

estimate

$38,000 $38,000

Total estimate for 1967______________________________________________________ 38,000

Statement showing analysis by object

Object

1966

estim ate

1967

estim ate

Increase ( +) 

or

decrease ( —)

31 Equipment (total) . . ____________________________ $38,000 $38,000

JUST IFICAT IO N

Language changes

None.

Objectives

This appropriation provides f or the purchase of books and periodicals fo r the 

Supreme Court.

Detailed justification

An appropriation of $3S,000 is requested for fiscal yea r 1967 for books and 

periodicals for the Supreme Court, to be purchased by the Lib rarian of the 

Supreme Court, under the direction of th e Chief Justice.

Our estimates for fiscal year 1966 are as follows:

Continua tions: Citators, codes, congressional hearin gs, court reports, 

digests, encycloi>edias, legal periodicals, looseleaf services, pocket

supplements, session laws, statute s, etc---------------------------------------$31, 500

New books and additional materials______________________________ 6, 500

Total estimate___________________________________________ 3S, 000

The above estimate represents the same amount requested and appropriated 

for fiscal year 1966.

Mr. Rooney. Th is request is in the am ount $38,000, the same a mount 

as requested fo r books for the Supre me Cou rt in the cu rre nt fiscal 

year.

Ar e there any questions, gentlemen, at th is point?

AUTOMOBIL ES FOR SUPRE ME COURT

Mr. Smith. Justice Clark , I won der i f you would expoun d a b it on 

the auto mobile situ ation. The Supre me Co urt Justices collectively 

only have one automob ile, is th at rig ht ?

Ju sti ce Clark. Th e Chief Ju sti ce lias an automobile.

Mr. Smit h. I s t hat used as a pool arr angeme nt?

Justi ce Clark. No. Then we have one car fo r the oth er Justices , 

a pool car.

68-160— CC------2
16

Mr. Rooney. We w ere going to do s omething ab out t ha t some years 

ago, Mr. Justi ce C lark and I , a nd a fellow Texan of Mr. J us tic e Clark 

pu t the kibosh on it.

Justi ce Clark. T hat is correc t.

Mr. Smit h. I have been very critic al of some of the De partm ents 

fo r prov idi ng employees with unne eded automobiles, bu t I do no t see 

how peop le with dut ies as im po rta nt as Justic es of the Supreme C ourt 

can get along with two automobiles witho ut using b adly needed time 

try in g to deal with prob lems of tra ns po rta tio n. Do you have prob ­

lems along th at line ?

Ju sti ce Clark. Well, we certainl y do. When I was Attorney 

General I ha d an auto mob ile 24 hours a day and we h ad three ch au ffeu rs in sh ift s of 8 hou rs apiece. I suppose the th in g I missed the 

most in com ing to the Co urt was the fact th at the Governmen t 

furnish ed me with an automob ile in the Justi ce De par tment .

Mr. Rooney. It redu ced you to the situa tio n of the average Member 

of the House an d Senate.

Justi ce Clark. Yes. An d Mrs. Cl ark ha d a car too th at the Govern me nt furnished. Wh en I came to the Supre me Court, I had been 

in the De partm ent 12 yea rs and I drew out my retire me nt because I 

would not need it on the C ourt and bought a car. I t cost $4,300.

Mr. Smith. Aside from the cost is the matter of spe nding needed 

tim e on tr an sp ortatio n problems.

Ju sti ce Clark. Quite ofte n the pool car we have is being used. 

Of ten I will go by ta x i; sometimes I rent a car myself. Most of the 

tim e I use my own car. Bu t in bad we ath er we have considerable 

trouble. Two of the Jus tices were not able to get to the Co urt last 

Monda y, for example.

Mr. Smith. I think we ought to do som ething abo ut th at , Mr. 

Chairma n. Some of the oth er depa rtm en ts hav e cars for three or 

four echelons down and h ere we have th e Supre me Court of th e U nited 

State s with only two autom obiles. Th eir time is valuable and any 

loss o f time or s tre ng th by Justices of the S uprem e C ou rt to cope w ith 

a problem like th is seems to me to be false economy th at we cannot 

afford.

Justi ce Clark. Ea ch of us have a messeng er which we sometimes 

use as drive rs and we would not need a dri ver. All we would need, 

as the chairma n and I canvassed it some yea rs ago, would be the car. 

W he ther or no t it wou ld be necessary to purch ase a car or lease one 

is a m atter th at would hav e to be checked.

Air. Rooney. Air. Bow was willin g to go along with th at at the 

time.

Mr. Bow. Yes. I am still will ing to go alo ng with it.

Mr. Cederberg. Off th e rec ord.

(Discuss ion off the r ecord.)

Justi ce Clark. I know of no thing th at w ould help the Co urt more 

than to have th at fa cility.

Mr. Rooney. May be the same fellow wou ld n ot pu t it in the budg et, 

tho ugh.

Ju sti ce Clark. You mean down the str eet? I think he would. 

How ever, he wou ld no t be able to do much about it. He would no t be 

able to veto it, would he ?
17

Mr. R ooney. Thank you, Mr. Justice Clark, and we hope your illness disappears entirely and with dispatch. It was nice of you to come 

out. Since you had the attack of vertigo, you should have stayed at 

home.

Justice Clark. No ; I enjoy being with you.

Thank you very much.

Care of the Building and Grounds

Object classification

[In th ousa nds of dollars]

1965

actual

1966 1967

estimate estim ate

11.1

11.5

12.0

25.1

28.0

31.0

99.0

Personnel compensation:

Perm anen t positions____________________________

Other personnel compensation-------- ---------------------

Total personnel compensation.....................................

Personnel benefits_______________________________

Other services:

General annual repairs------ --------------------------------

Annu al painting--------------------------------- --------------

Maintenance, air-conditioning system---------------------

Lighting improvements_________________________

Supplies and materials_______________ ____________

Equ ipment:

Annual_______ _______________________________

Replacement of laundry eq uipm ent-----------------------

Replacement of fire hoses, extinguishers and nozzles... 

Total obligations..............................—........................

212

50

262

17

216

51

267

18

225

51

277

18

297 314 319

Personnel summary

1965

actual

1966

estim ate

1967

estim ate

Total number of permanent positions____________ _______ 33

33

33

33

33

Average numb er of all employees............................................... 33

Program and financing

[I n t hou sa nd s of d ol la rs ]

1965

actual

1966

estimate

1967

estim ate

Program b y activities:

10 Stru ctural and mechanical care of Supreme Court building and grounds, including supply ing of mechanical

furnishines and equipm ent (obligations)------------------

Financing:

%5 Unobligated balance lapsing

297

7

314 319

40 New obligational a uth ori ty (appropriatio n)................ . 305 314 319

Relation of obligations to expenditures:

71 Tota l obligations (affectine expen ditures)--------- -----------

72 Obligated balance, sta rt of yea r______________________

74 Obligated balance, end of year ----------------- --------------

90 Expenditures ___________________________

297

84

-2 2

314

22

-1 0

319

10

-1 0

359 326 319
18

Mr. R ooney. The las t of the six items, gentlemen, for the Sup rem e 

Co urt of th e Un ite d State s is r efe rre d to on page 1 of the justificat ion 

book as item No. 4, and is a requ est in the amount $318,700 fo r “Ca re 

of the Bu ild ing and Groun ds, Supre me Co urt.” Th is is a requested 

increase of $4,700 over the ap prop ria tio n fo r th e cu rre nt fiscal year.

In connection with this item we sh all ins ert pages 15 t hrou gh 23 of 

the justifi cat ion book.

(The p ages follow :)

Statement relating appropriation estimate to current appropriation

$314,000

314,000

Care of the bu ild ing an d gro unds, Supreme Co urt:

1966 ap pr op ria tio n in an nu al act ............................ ............ ............ ...................................................

Base for 1967_____________ __________________________________________ ____ _________

N et d ifferenc e, 1967 over 1966:

Re qu ire me nts

1966 ap propriated

1967

est im ate

Difference, 

increase 

(+ ) or decreas e (—)

$314,000 $318,700 +$4,700

Tot al estim ate for 1967........................................................................................................................ 318,700

Statement showing analy sis by object

Object

l l . l

11.5

12.0

25.1

26.0

31.0

Pe rm an en t pos itio ns________________________ ____ _

Other p ersonn el co mp ensat ion ............................. ................

Perso nnel benefits:

Pa ym en t to emplo yees’ life ins ura nce fun d...... ..........

Pa ym en t to emplo yees’ h ealth ben efits fu nd ................

Con tri bu tio n to re tir em en t fu nd ___________________

Other services:

Gener al an nu al re pa irs ____________________________

Ann ua l pa in tin g_____ _________ ___________ ______

Ma intena nce, air-condition ing s yst em .. ..........................

Snow remov al___ ____ ______________ _____ ________

Sup plies an d materials........................................ ....................

Equ ip m en t:

A nn ua l________ ______ ___________________________

Re placem ent o f lau nd ry e qu ip m en t________________

Re placem ent o f fire hoses, extinguishers, an d nozzles .. 

T ota l__________________________________________

1966

est im ate

1967

estim ate

$215, 700 $225,400

51, 400 51,400

700 700

3,600 3,600

13,800 13,800

9,000 9,000

3,000 3,000

1,800 1,800

150 150

6,000 6,000

750 750

3,100

8,100

314,000 318,700

Inc rea se (+ ) 

or

decrease (—)

+ $9,700

+3,10 0 

-8 ,1 00

+4,70 0

Summary of increased requirements for 1967

Nature of expense (or savings): Amoun t 1. Deduction for a nonrecurring amount of $8,100 for replacement

of fire hoses, extinguishers, and nozzles under equipment 

allo tme nt_____________________________________ ____ _ — $8, 100

2. Cost of wage-rate changes authorized by Public Law 763, 83d

Cong., under perm anent positions allotment______________ + 9, 255

3. Cost of within-grade promotions authorized by the Classification Act of 1949, as amended__________________________ +445

4. Replacement of laun dry equipm ent_______ _______ _______ +3 ,100

Ne t increase, 1967 over 1966__ _____ __________________ +4, 70 0
19

JUSTIFICATIONS

Objectives

This appropriation, for expenditure by the Architect of the Capitol, is to provide for the str uctur al and mechanical care of the United States Supreme Court 

Building and Grounds, including main tenance and operation of mechanical 

equipment. The A rchitect performs his duties under author ity of the Act of May 

7, 1934 (48 Stat. 668).

The mechanical equipment includes such items as the air-conditioning, refrig eration and ventilating systems with more than 1,000 pieces of equ ipm ent; 

electrical tran sformer statio ns ; 300 plumbing fixtures and related pip ing; 8 

eleva tors and 5 dum bw aiters; electric fixtures and wiring.

A force of 33 employees is required for the fiscal year 1967 to cover 3 shifts 

daily and is made up of 1 Supervising Enginee r; 1 Foreman, 3 Mechanics, 4 

Attendants and 4 Assistant A ttendants in the heating, ventilating, air-conditioning and refrigeration de partm ent; 1 Elec trician Forem an and 3 Electricia ns; 1 

Steamfitter-Plum ber Foreman, 3 Steamfltter-Plumbers; 1 Elev ator Mechanic 

Forem an and 1 Mechanic; 1 Marble Mason; 1 Woodwork Finisher and Pa inter; 

1 Oiler and Gr ea ser; 1 Laborer-Gardener Foreman and 2 Grounds Maintenance 

Men; 1 Substation He lpe r; 1 Storekeeper and 2 General Laborers.

Detailed justifications

The following table is a comparison of the cost of full-tim e employment and 

other objects of expenditures for the fiscal years 1965, 1966 and 1967; also of 

savings realized in 1965:

Actual, 1965 Estimate, 1966 Estimate, 1967 Emp loyment, 

SeptemPosi­ ber 1965

tions

Manyears

Cost Positions

Manyears

Cost Positions

Manyears

Cost

Personnel compensation:

Full-time employme nt___________

Other objects of

33 33 $261,853

35,370 

7,377

33 33 $267,100

46,900

33 33 $276,800

41,900

33

Total estimate or

304,600 314,000 318,700

Personnel compensation (increased from $267,100 to $276,800), $276,800

This allotment provides for 33 positions—the same number as allowed for 

1966—two of which are compensated under the Classification Act of 1949, as 

amended, and thirty-one on a prevailing wage-rate basis under the provisions 

of Public Law 763, 83rd Congress. For 1967, an incre ase of $9,700 is requested 

for this allotm ent, of which $9,255 is to meet the cost of wage-rate changes authorized by Public Law 763 and $445 is required to meet the cost of within-grade 

promotions authorized by the Classification Act of 1949, as amended.

Payment to employees' life insurance fund (no chanye), $700

This item is the same as allowed for 1966 and is requested to cover the cost 

of Government Insurance Contributions requ ired by Public Law 590, 83rd Congress, “Federal Employees’ Group Life Insu rance Act of 1954”.

Payment to employees' health benefits fund (no chanye), $3,600

This item is the same as allowed for 1966 and is requested to cover the cost of 

Government contribution to the Employees’ Health Benefits Fund requ ired by 

Public Law 86-382, 86th Congress, approved September 28, 1959.

Contribution to retirement fun d (no chan ye), $13,800

This item is the same as allowed for 1966 and is requested to cover cost of 

Government contribution to retirem ent fund required by Public Law 854, &4th 

Congress, “Title IV, Civil Service Retirement Act Amendments of 1956”. 

General annua l repairs (no chanye), $0,000

This is the same a s allowed fo r 1966 and provides fo r the regular annu al repair 

and structur al upkeep of the building and its mechanical equipment, such as
20

repairs to elevators, roof, carpentry, electrical, plumbing, heating, ventilating 

and steam equipment, kitchen and other miscellaneous equipment, general 

structur al rep airs and improvements. It also provides minor repairs on the 

grounds, such as repairs to foun tains , dra ins and catch basins, lawn sprinkler 

system and paving.

Annual painting (no change), $3,000

This is the same as allowed for 1906 and provides for necessary painting 

througho ut the building.

Maintenance, air-conditioning system, $1,800

For I960, $1,800 was allowed and the same amount is requested for 1967 for 

the annual routine care and maintenance of the air-conditioning and refrigera ­

tion systems. The breakdown of the annual recu rrin g amount follows :

Air-conditioning estimate

Ma intena nce :

Air filters___________________________________________________ $500

Oil and grease______________________________________________ 100

Cleaning equipm ent___________________________________________ 100

P a in t______________________________________________________ 100

Refrigerants _______________________________________________ 100

Contingency for special rep airs_________________________________ 300

Miscellaneous ______________________________________________ 100

Rep airs:

Re frige ratio n_______________________________________________ 300

Automatic controls___________________________________________ 100

Miscellaneous ______________________________________________ 100

Total annual recu rring items_______________________________ 1, 800

Snow removal (no change), $150

This is the same as allowed for 1966 and provides for snow removal from 

walks a nd approaches.

Supplies and ma terials (no change), $6,000

This is the same as allowed for 1966. The item provides supplies and materials for the str uctural and mechanical care of the building: heating, plumbing, electrical, carp entry, hardware and other general miscellaneous supplies.

It also provides supplies and materials for the care of the gro unds: plant 

material, seed, soil, sod, sprays, fertilizers and other miscellaneous supplies. 

Annual equipment (no change), $750

This is the same as allowed for 1966 and provides tools, mowers, brushes, miscellaneous equipment, an d repairs to same.

Replacement of Laun dry Equipm ent (nonrecurring item), $3,100

Under thi s item it is proposed to replace the flatwork ironer that has been 

in use for the past 30 years and has now reached the point of wea r and tea r 

where it can no longer be kept in satisfactory repair and operation. When 

the building was originally constructed, it was provided with a small laundry 

room equipped with a washing machine, extractor, flatwork ironer, soaptank, 2 laundry tables and a truck-tub. The washer and extrac tor have in the 

ensuing years been replaced by a new was her and dryer, and under the 

amount requested it is now proposed to replace the flatwork ironer. This equipment is used for laundering towels, napkins, tablecloths, uniforms for maintenance laborers, uniform shirts for guards, cleaning cloths used in the domestic 

care of the building and for miscellaneous items used in the First-Aid Room.

The total, therefore, requested for the Care of the Supreme Court Building and Grounds, for the fiscal yea r 1967, under the Architect of the Capitol 

amounts to $318,700.

REPLACEMENT OF LAUNDRY EQUIPMENT

Mr. Rooney. Pa ge 17 thereo f con tain s a lis t of the increases and 

decreases. I t wou ld ap pe ar th at the $3,100 item for replacement of 

lau nd ry equipment is the m ajo r par t of t he requested increase.
21

Do you have anything to say about this, George ?

Mr. Stewart. Mr. Chairman, only two increases are requested for 

1 9 6 7 :

One is an increase of $9,255 for wage board rate changes effected 

December 5,1965, under the mandatory provisions of Public Law 763, 

83d Congress, and other changes authorized by that act, and $445 for 

within-grade increases authorized by the Classification Act of 1949, 

as amended.

Mr. Rooney. There is nothing we can do about that.

Mr. Stewart. The other nonrecurring item of increase is $3,100 for 

replacement of laundry equipment. Under this item it is proposed to 

replace the flatwork ironer that has been in use for the past 30 years 

and has now reached the point of wear and tear where it can no longer 

be kept, in satisfactory repair and operation. When the building was 

originally constructed, it was provided with a small laundry room 

equipped with a washing machine, extractor, flatwork ironer, soaptank, two laundry tables, and a truck-tub.

The washer and extractor have in the ensuing years been replaced 

by a new washer and dryer, and under the amount requested it is now 

proposed to replace the flatwork ironer. This equipment is used for 

laundering towels, napkins, tablecloths, uniforms for maintenance 

laborers, uniform shirts for guards, cleaning cloths used in the domestic care of the building, and for miscellaneous items used in the 

first-aid room.

Mr. Rooney. George, you read tha t very well. That is exactly 

what it says at page 23 of the justification book.

Are there any questions ?

Very well, we thank you, gentlemen.

Monday, F ebruary 7,1966.

COURT OF CUSTOMS AND PATENT APPEALS 

W IT N ESSE S

HON . I. JA C K M A R T IN , ASS OC IA TE JU D G E 

GEO RG E E. H U TC H IN SO N , CLERK

Salaries and Expenses

Object classification

[In th ousands of dollars]

Personnel compensation:

11.1 Perman ent positions............ . .........

11.3 Positions other t han p erm ane nt__

Total personnel comp ensat ion ...

12.0 Personnel benefits__________ _____

21.0 Travel and transportation of persons. 

23.0 Ren t, communications, and utilities. 

24.0 Prin ting and repro duction________

25.1 Other services___________________

26.0 Supplies and materials___________

31.0 Eq uip me nt_____________________

99.0 Total obligations_____________

1965 actual 1966 estimate 1967 estimate

373 396 411

10 10

373 406 421

20 21 22

1 1

3 3 5

18 18 18

1 1 1

3 2 2

3 4 4

421 456 475
9 9

Personnel summary

1965 ac tu al 1966 e st im at e 1967 e st im at e

T o ta l nu m b er of p er m an en t po si tion s________________________ 29 29 31

F ull-t im e eq u iv ale n t of o th er po si tions_______________________ 0 1 1

A ve ra ge n um ber of a ll e m pl oye es _____ ______________________ 27 29 31

Program and financing

[I n th ousa nds of d ollars]

1965 a ct ual 1966 est im at e 1967 es tim at e

Pro gra m b y a ct iv itie s:

10 Sa larie s an d e xp en ses (o bl ig at io ns ).

Fin an ci ng :

25 U no bliga te d ba la nc e la psi ng............

N ew o bl ig at io na l a u th o rit y .

N ew o bliga tion al a u th o ri ty :

40 A p p ro p ri ati o n _________________________________

44 Pro pos ed su pple m en ta l for c iv ilia n p ay i nc re as es .

R el at io n o f o bl ig at io ns t o ex pe nd itur es :

71 T o ta l ob liga tion s (affec tin g expendit ure s)........................ .......

72 O bl ig at ed ba la nc e, sta rt of y ear__________________________

74 O bl ig at ed ba la nc e, en d of y ea r___________________________

77 A d ju stm en ts in ex pi red ac co un ts________________________

90

91

E xpendit ure s, e xc lu di ng p ay inc re as e s u p p le m e n ta l. .. 

E xpendit ure s from ci vi lian p ay in crea se s u p p le m en ta l.

421

20

441

441

421

37

-4 2

- 1

414

456

456

450

6

456

42

-4 3

450

5

475

475

475

475

43

-4 3

474

1

Mr. Rooney. The next item is that for “Salaries and expenses, Court 

of Customs and Patent Appeals,” and is to be found in the justification book beginning at page 32, which page we shall insert at this 

point in the record, together with pages 33 through 41.

(The pages follow:)

Statem ent relating appropriation estimate to current appropriation

Sal ar ie s an d ex pe ns es , C o u rt of C ust om s a n d P a te n t A ppea ls :

1966 a p p ro p ri ati o n in a n n u al a c t_________ ____ ____________________________________________

1966 p ro po se d su pple m enta l du e to p ay in cr ea se s___________________________________________

Ba se for 1967___________

N et differen ce , 1967 ov er 1966'

R equir em ents D iffe re nc e, 

in cr ea se (+1 

or de ­

1966 crea se (—)

ad ju st ed

1967

est im ate

Sal ar ie s an d ex pe ns es _____________________________ $456.300 $475, 200 +$ 18 ,900

T o ta l e st im ate f or 1967_______________________________________________________________

$450. 000 

6, 300

456,300

475, 200
23

Analysis by object

11 Per so nn el com pen sa ti on____ ____ _

12 Per so nnel b en efi ts ___ _____ ________

21 T ra v el an d tr an sp o rt ati o n of pe rs on s

23 R en t, co m m un ic at io ns , an d u ti li ti es.

24 P rin ti n g an d r ep ro d u cti o n .. .................

25 O th er se rv ic es ______________________

26 Sup plies a n d m ate ri als _______ ______

31 E q u ip m e n t________________________

T o ta l obli gat io ns_________________

1966 es ti m at e 1967 es ti m at e In cr ea se or 

de crea se (—)

i $405,500 

i 21,300 

1,000 

3,00 0 

18,500 

1,000 

2,000 

4,000

$421,200

22.500

1,000

5,000

18.500

1,000

2,000

4,000

$15,700 

1,200

2,0 00

456,300 475,200 18,900

1

 A dju st ed to re fle ct p ro po se d su pple m en ta l for pay i nc reas es ($5,900 for per so nn el c om pen sa tion a n d $400 

for r el at ed be ne fits).

Summ ary of increased requirements for 1967

Nature of expense (or savings): Am ount

1. Requirements under the Federal Employees’ Salary Act of 1965 _ $2, 400

2. Additional position for the clerk’s office______________________ 5, 600

3. Assistant librarian to staff joint library in new building________ 6, 800

4. Provision for within-grade salary advancements______________ 2, 100

5. Improvement and expansion of telephone facilities incident to

occupancy of new building_______________________________ 2, 000

Increase, 1967 over 1966______________________________ 18, 900

JU ST IF IC A T IO N

Language changes

None.

Objectives

This appro priation is for the sala ries of the chief judge, four associate judges, 

and other officers and employees of the Court of Customs and Paten t Appeals as 

well as for communications, supplies, and oth er incid ental expenses of the court. 

For data as to the functions of the court, its jurisdic tion and basic statutory 

auth orities, reference is made to section “G” of th e Digest of Appropriations, T he 

Judicia ry, on file with the Bureau of the Budget and the Appropriations Committees of the Congress.

General justification

The court has experienced a very sharp increase in the volume of appeals 

during the past ten years. During this period the number of appeals in customs 

cases has remained at relatively the same level, however, appeals in patent and 

tradem ark cases have increased more than 300 percent from 63 in 1956 to 261 in 

1965. The court in 1965 disposed of 222 paten t and tradem ark cases compared 

with only 70 cases disposed of during 1956.

A summary of the business of the court and a graphic presenta tion of appeals 

from 1956 to 1965 follows:

1956 1957 1958 1959 1960 1961 1962 1963 1964 1965

C u sto m s ca ses :

P endin g, be gi nni ng of y ea r................ 21 23 20 30 35 39 30 24 30 26

D ock et ed d uri ng y ea r. ___ . . . . 31 40 42 40 45 32 29 37 32 34

D is po se d of d uri n g v ea r___________ 29 43 32 35 41 41 35 31 36 29

P en d in g , en d of y ear. ______ _ . 23 20 30 35 39 30 24 30 26 31

P a te n t an d tr ad em ark cases :

P en d in g , beg in ni ng o f v e a r. . ____ 91 84 92 92 129 134 148 207 245 275

D ock et ed duri n g v ea r. _____ _____ 63 82 83 107 127 126 174 251 245 261

D is po se d o f d u ri n g y e a r___________ 70 74 83 70 19 9 112 115 213 215 222

P en d in g , en d o f y ea r______________ 84 92 92 129 134 148 207 245 275 314
24

COURT OF CUSTOMS AND PATENT APPEALS

NUMBER OF APPEALS DOCKETED

Detailed just ifica tion

An a ppro priation of $475,200 is reque sted for 1067, an increase of $18,000 over 

the appropr iatio n for 1066 which has been adjusted to reflect a proposed suppleme ntal for “pay costs” under the Fed eral Employees Salary Act of 1065. 

The increase in budget ary requi rements is explained belo w:

Requ irem ents und er the F ede ral Employees S ala ry Act of 1965

An additional $2,400 will be required in fiscal year 1067 representing the difference between the full-y ear and par t-year cost of increa ses in salary gran ted 

effective October 11, 1065, to all of the officers and employees of the court, exce pt the judges, by or pur sua nt to the Fed eral Employees Sala ry Act of 1065, 

Public Law 80-3 01, approved October 20, 1065. The following is a break ­

down by fiscal ye ar of the tot al cost of the pay in cre ase s:

Personnel

compensati on

Personnel

benefits

Total

t

Ann ual cost of pay increases........... ..............................................

Less proposed supp lementa l for 1966_____________________ $8,150 

-5 ,9 00

$550

-4 00

$8,700

-6 ,3 00

Requ irements, 1967_________ _____ _____________ 2,250 150 2,400
25

Additional position for th e clerk's office

Provision has been made for the employment of a clerk-stenographer for the 

Clerk’s office in grade JS P- 5 at $5,181 per annum. This request was included in 

the budget e stimate for fiscal ye ar 1965 and again in 1966. However, as the record 

will show, at the hearings before the House A ppropriations Subcommittee and the 

Senate Appropriations Committee, the court, in the inte rest of economy, twice 

voluntarily has withdrawn the request asking tha t consideration of the ma tter be 

deferred pending f urthe r experience. As is evident from the accompanying statistics, there has been a very sharp 

increase in patent appeals over the past ten years. The work load of the office of 

the Clerk h as increased proportionately since the filing and disposition of all cases 

are centered in that office. The Clerk’s staff has not been augmented since 1929 

when the court assumed jurisdiction of p ate nt and tradem ark cases. Under the 

circumstances, and in the absence of any signs of relief, the court considers it 

necessary to augment the staff of the Clerk without furth er delay. The sum of $5,600 is included for the additional position, $5,200 for compensation and $400 to cover the related Government contributions to the retirement 

fund, for group life insurance and hea lth benefits.

Assista nt librarian position

Provision has been made for the employment of an assista nt librarian in grade 

JS P-7 at $6,269 per annum. The incumbent shall serve under the supervision of a 

librar ian of th e Court of Claims in connection with the operation of a join t library 

in the new building which is to he occupied during fiscal year 1967 by the Court of 

Claims and by th is court. The sum of $6,800 is included for this purpose, $6,300 for the payment of compensation and $500 for related benefits.

Provision fo r within-grade salary advancements

It is estim ated th at $2,100 will be requ ired in fiscal year 1967 to gra nt court 

employees within-grade salary advancements corresponding with those provided 

by Title VII of the Classification Act of 1949, as amended. The estimate includes $1,950 for personnel compensation and $150 for rela ted Government contributions 

to the Civil Service Retirement Fund and for Group Life Insurance.

Improvement and expansion of telephone facilities

The court during fiscal year 1967 will occupy quarters in a new building 

which is presently under construction. It is estim ated that the sum of $2,000 

will be required for the improvement and expansion of telephone facilitie s incident to such occupancy. The recurring annual cost of the improvements is estimated at $1,200. The sum of $800 is included to cover nonrecu rring charges 

for in stallation of the equipment. The latte r item will be deducted in establish ­

ing our budgetary requireme nts for 1968.

Mr. Rooney. The se pages ind ica te the reques t is in th e amount 

$475,200, which would be a n increase of $18,900 over the ad jus ted appr op ria tio n fo r the cu rre nt fiscal yea r. Th e requ ested increases consti tuted in the amo unt $18,900 are set fo rth at p age 34 o f the justific atio n book, and wou ld include t he add ition of two p erm anent positions 

to the pay roll.

You hav e a sta tem ent wi th rega rd to this, do you, Ju dg e M artin ?

GENERAL STATEMENT

Ju dg e Martin. Mr. Chairm an and members of the comm ittee, Ju dg e 

Worley recently underw ent su rge ry. He is home now b ut no t a s com ­

forta ble as he would like to be an d he asked me to rep res ent him 

here tod ay.

Mr. Rooney. He has an able represe nta tive.

Ju dg e Martin. Th an k you ve ry m uch.

I would like to mak e a short sta tem ent in addition to th e written 

justifications which ap pe ar befo re you, rega rding the request fo r increases included in t his budget.
26

In iti al ly , two of the requ ests are for increases over which we h ave 

no con trol; one is for the salary increase granted by Congress un de r 

the 1965 pay act, the oth er fo r the usu al ann ual in-gra de sal ary in ­

creases.

The requ est fo r the add itio nal position in the Clerk ’s office is the 

same request we hav e mad e fo r the pas t 2 years ; on each occasion we 

have asked you to suspen d actio n the reo n in th e int ere st of economy 

wi th the hop e th at we c ould operate efficiently without it. How ever, 

as we ind icated to the committee last year, we would come back to 

you and renew t he requ est i f our experience dic tat ed the position was 

a necessity.

Mr. Rooney. I t sounds as tho ugh you are ge tting ready to withd raw 

those two positions ag ain.

I h ave a lready looked at pa ge 36 showi ng yo ur workload.

Ju dg e Martin. We now think th at i t is im perative t ha t we r eque st 

th is position specially in view of the conti nuing rise in our caseload. 

As is ind icated in the c ha rt on page 37 of the wr itten justifications, our 

workload increased again l ast year and prese nt estimates poin t to even 

more cases being filed this yea r, pa rti cu larly in the customs area. In 

view of this s itu ation, we have tem po rarily employe d someone to help 

this office which has no t ha d any addit ion al personnel since 1929. 

Tha t is when the c ourt got its pa tent ju risdic tio n. We have also considered it necessary to raise the grad e level from the origi nally requested gra de 5 to a grade 7 in orde r to emp loy a person who could 

assume not only the sten ograp hic dut ies bu t oth er responsibilitie s 

within the office. I t is our intent to absorb the entire cost o f thi s 

position and the ref ore we are ask ing the com mittee only for the au ­

th or ity for th e po sitio n itself.

The n ext increase is p ar t of a jo int request with the Co urt o f Claims 

fo r a l ibraria n position to staff the lib rary in t he new court ’s b uil din g 

which is due to be completed du rin g the 1967 fiscal year. We are reque stin g the position o f assistan t lib ra ria n at a gra de 7 whereas the 

Co urt of Claims is reques ting the lib ra rian position at gra de 11.

Ne ith er cou rt has a libraria n on it s p res ent staff and ther efo re it was 

felt necessary fo r each court to includ e one of these positions in its 

bu dget reque st in order to pro vide a pr op er staff for this library which 

will serve both courts and members of the ba r. Bo th positions are 

in keeping with the salar y crite ria fo r lib raria ns and both have the 

app rov al of the J ud icial Conference of the U nited States.

Th e final request is also incident to the occupanc y of the new b uilding and involves teleph one service. Th e no nrecurrin g item is fo r insta lla tio n of the tele phone eouipment, in the new bu ild ing whereas 

the r ecurrin g item is f or a dditio nal ins tru me nts a nd imp roved service. 

Our c ourt will occupy two s epara te floors in the building , the fou rth 

an d eig hth , and the refore we think it im po rta nt to have addition al 

service in the form of an interc om munic ating system which will connect. all our offices. I emphasize th at because we are going to do a lot 

of telep honing.

Mr. Rooney. Whom will you be callin g up, the lib raria n?

Ju dg e Martin. We do not have any of our pers onnel except in our 

own chambe rs on the eighth floor, and a nybody we w ant —messengers, 

the clerk’s office, the mars hal—we have to use the phone.
27

Th e cost estimates are based on the equ ipm ent to be ins talled and 

have been wor ked out in con sultati on wi th the tele pho ne com pan y 

an d th e General Servic es A dm ini strati on.

In summary, ou r t ota l budget increase which we a re reques ting will 

be lim ited to a total of $13,300 ra th er th an $18,900 as origi na lly 

estima ted.

In oth er words, you a re gettin g a ba rga in.

WORKLOAD

Air. Rooney. I must pa infully mak e the obs ervatio n th at at pag e 

36 of these justifications we find th at yo ur custo ms cases disposed of 

in 1965, in the ye ar ended las t Ju ne 30, were less in numb er th an in 

the last 10 years. Is that corr ect ?

Ju dg e Mart in. As you w ill notice, fo r a while there were less filed.

Mr. R ooney. Th is would no t ha ve an ything to do w ith it, wou ld it?

Ju dg e Martin. You see, we only set customs cases when the customs att orney and jud ges up there have finished enough appeals so 

th at we can make a full day of custo ms hea rings. For instance , our 

heari ngs s ta rt to day fo r thi s mo nth a nd we ha ve fo ur customs cases— 

th at is all they ha d read y—a nd we have one pa tent case.

Mr. R ooney. I t a ppear s to me also from pag e 36 of th e justifi cation 

book th at you are f uncti oning so well at th e p res ent tim e w ith ou t these 

two addit ion al peop le th at you disposed of more pa tent and trad emark cases last y ear , the year th at ended Ju ne 30, 1965, th an in any 

year in th e previous 10. Is th at a correct state me nt?

Ju dg e Mart in. We ll, we rea lly are functio nin g quite well. Ju dg e 

Worley is doi ng a very good job as chief jud ge. Th e rate of pa tent 

cases has gone up trem endously. As a m atter of fact, we are ge tting 

a backlog l arge r th at we have ever h ad. W ha t is the backlog?

Mr. H utc hinson. I t is tak in g abo ut 15 m onths from the time a case 

is filed un til it is h eard, and an addit ion al 2 m onths t o get it decided.

Ju dg e Martin. An d w hat is the num ber in the bac klog ?

Mr. H utc hinson. We do no t have any specific n um ber in the b ack ­

log b ut pending at the end of las t y ea r there were 314 cases, an d th at 

will p rob abl y go up some although t he court will h ear 20 more appea ls 

thi s year t ha n last year and the ref ore dispose of a t leas t 20 more.

Mr. Rooney. Would you be good eno ugh to convey to my good 

friend, Ju dg e Worley, the fact t hat his dear fri en d, the Presiden t of 

the Un ite d Sta tes , also from Texas, is try in g to reduce the b udget and 

has succeeded in red ucing many of the bu dg et estimates thi s committee 

will be concerned with, p artic ularly in the De pa rtm ent of Comm erce, 

where there have been dra stic reductio ns. Th e jud iciary budg et is no t 

insp ected by the Presiden t or by the Bu rea u of the Budget. It is 

tra ns mitted here wi tho ut change dir ectly fro m the judicia ry, and we 

feel this pa rticul ar year we a re going to have to tak e a very close look 

at all the items in the judiciary bu dg et because the ove rall increase 

comes to about 13 perce nt.

We do, how ever, realize th at t his pa rtic ul ar cou rt, yo ur court, Jud ge 

M artin , has been very fa ir with regard to the m atter o f personnel and 

ap prop ria tio ns over the years and always has been, inclu din g the 

tim e of Ju dg e Worl ey’s predecessor, and we will tak e th at into conside ra tio n, bu t I assu re you we will look at i t closely.
28

Ju dg e Martin. Th an k you. I have a feeling th at Ju dg e Wo rley 

set his op eration so he could ask me to come up here.

Mr. Rooney. Ju dg e M artin , he could not do any bette r than you. 

Ju dg e Martin. Th an k you. He keeps i t in m ind th at he is a frien d 

of the Presiden t and knows wh at the Presiden t is tryi ng to do in 

economy, so he th ou gh t th at would be a good tim e to h ave an operation. 

Mr. Rooney. Th an k you, gentlemen.

Monday, F ebruary 7,1966.

CU ST OM S CO UR T

W IT N E SSE S

HO N. PA U L P. RA O, C H IE F JU DG E 

HO N. SCOV EL RIC HARDSO N, JU D G E 

H OW A RD BASL ER, CLE RK

R IC H A R D J. DeMA RC O, C H IE F D EPU TY CLE RK

Salaries and E xpenses

Object classification

[In th ousa nds of dollars]

1965

actual

1966

estimate

1967

estimate

11.1

Personnel compensation:

Perman ent positions.. . ... . . _______________ 898 1,022 1,053 11.3 Pensions other th an p erman en t... ______________ 18 8 8

12.0

Total personnel compensation_____________ ____

Personnel benefits______________ _______________

916

58

1,031

65

1,061

67 21.0 Travel and tran spor tation of persons_______ . ______ 22 25 28 22.0 Transportation of things ___ ___________ .. . . .. . . 3 5 5

23.0 Ren t, communications and u tilities_______ ... __ 11 11 11 24.0 Printin g an d reproduction_____________ ___. .. 6 9 9

25. 1 Other services. . . ___ .. _________ ... _____ ... 12 13 18 26.0 Supplies and materials__ __________ . . .. . ____ 6 6 6

31.0 Eq uip me nt___ . _______________ .. ___ ____ 18 15 16

99.0 Tota l obligations__ ______ ____________________ 1,053 1,180 1,222

Personnel summ ary

1965

actual

1966

estimate

1967

estim ate

Tota l nu mbe r of positions______________ ______ _______ 93 96 97 Full-time equ ivalent of other po si tion s. .___ _ _________ 3 1 1

Average number of all employees_______________________ 90 96 97
Program and financing

[In thous ands of dollars]

1965 actual 1966 estimate 1967 estim ate

Program by activities:

10 Salaries and expenses (obligations)----- -------------------------

Financing:

25 Unobligated balance lapsing_________________________

1,053

66

1,180 1,222

New obligational au thority ______________________ 1,119 1,180 1,222

New obligational authority:

40 Appropriation __ __ - ____ ______________ 1,119 1,159

21

1,222 44 Proposed supplemental for civilian pay increases.. ____ .

Relation of obligations to expenditures:

71 Tota l obligations (affecting expenditures)------- ----------

72 Obligated balance, s tart of year. ------- . . ... ..........

74 Obligated balance, end of yea r----------- ---------------------

77 Adjustments in expired accounts_________ . . _____

1,053

64

-5 9

-4

1,180 

59 

-6 5

1,222

65

-6 7

90 Expenditures, excluding pay increase supplemen tal. .

91 Expenditures from civilian pay increase supp lemental. 1,053 1,155

19

1,218

2

Air. Rooney. The next item, gentlemen, is that for the U.S. Customs 

Court, and is to be found beginning at page 42 of the justification 

book.

We sliall insert at this point in the record pages 42 through 49-A 

of this justification book.

(The pages follow:)

Statement relating appropriation estimate to current appropriation

Salaries and expenses, Custom s Court:

1966 appropriation in annual act ______ ___________________ _____________________ $1,159,400

1966 proposed supplemental due to pay increases......... ......................................................... . 20,700

Base for 1967.............................................................................................................................. 1,180,100

Net difference, 1967 over 1966:

Requirements Difference, 

increase 

(+ ) or de1966 crease ( —)

adjusted

1967

estim ate

Salaries and expenses..................... . ............................ $1,180,100 $1, 221,700 +$41,600

+41,600

Tota l estimate for 1967.............................................................................................................

An aly sis by obje ct

1,221,700

1966

estimate

1967

estimate

Increase or 

decrease (—)

11 Personnel compensation____ ______________________ i $1,030,550 

i 64,950

25.300 

5,000

11,100 

9,000

12, 700 

6,200

15.300

$1,061,350 

67,050 

28,300 

5,000 

11,100 

9,000 

18,100 

6,200 

15,600

$30,800 

2,100 

3,000

12 Personnel benefits. __ __________ _____________

21 Travel and transpo rtation of persons__________ _______

22 Tran sportation of thing s________ __________________

23 Rent, communications, and utilities__________________

24 Prin ting and reproduction_____________ ____________

25 Other services__ . _____________________________ 5,400 26 Supplies and materials_____________________________

31 Eq uip me nt__________________ ________ ___________ 300

Tota l obligations________________ _________ _____ 1,180,100 1,221,700 41,600

1

 Adjusted to reflect proposed supplemental for pay increases ($19,350 for personnel compensation and 

$1,350 for related benefits).
30

Summar y of increased requirements fo r 1967

Na ture of expense (or savings): Amount

1. Deduction for nonrecurring expenses authorized for 1966_______ —$300

2. Requirements under th e Federal Employees Salary Act of 1965__ 7, 900

3. One new position, law librarian, JS P-12 _____________________ 12, 000

4. Provision for within-grade salary advancem ents_______________ 13, 600

5. Customs Law Digest (other services)________________________ 5, 400

6. Travel and transportat ion of persons________________________ 3, 000

Net increase, 1967 over 1966_____________________________41, 600

JUST IFICATION

Language Changes

None.

Objectives

The estimate under this title is to provide for t he sala ries of the judges and 

supp orting personnel of the United States Customs Court, and the necessary 

operating expenses of the Court, including trav eling expenses, expressage, communication services, printing and binding, supplies, equipment, including fur niture, new books and regular continuations of reports, encyclopedias, digests, and 

pocket par ts for various sets, ami miscellaneous items of expense for the fiscal 

year 1967. For data as to the functions of th e Court, its jurisdiction and basic 

sta tutory authorities, reference is made to section “H” of the Digest of Appropriations, The Judicia ry, on file with the Bureau o f the Budget and the Appropriatio ns Committees of Congress.

Detailed Justification

An appropriation of $1,221,700 is requested for fiscal y ear 1967, a net increase 

of $41,600 over the appropriation for fiscal year 1966 which has been ad justed to 

reflect the proposed supplemental for “pay costs” under the Federal Employees 

Salary Act of 1965. The increase in requirements is explained below :

Deduction for Nonrecurring Expenses Authorized for 1966

The sum of $300. a nonrecurring sum in fiscal year 1966, representing the cost 

of equipment a nd fur nit ure for new personnel authorized for th at year, has been 

deducted from the equipment item for fiscal year 1967.

Requirements Under the Federal Employees Sala ry Act of 1965

An additional $7,900 will be required in fiscal year 1967 representing th e difference between the full-year and part-year cost of increases in salary gran ted 

effective October 11, 1965, to all of the officers and employees of the Court, except 

the judges, by or pursua nt to the Federal Employees Sala ry Act of 1965, Public 

Law 89-301, approved October 29, 1965. The following is a breakdown by fiscal 

year of the total cost of the pay inc rea ses :

Person nel

compens atio n

Perso nnel

benefits

To tal

Ann ua l cost of pay increases______________________________

Less proposed su pp lem en tal for 1966___________ - . _______

$26,750 

-19 ,350

$1,850 

-1 ,3 50

$28,600

-20,70 0

Req uiremen ts, 1967______________________________ .. 7,400 500 7,900

One Additional Law Librarian Position

Provision has been made for the employment of one new position, Law Librarian , in Grade JSP -12 at $10,619 per annum. The amount required for this 

purpose is as follow s:

Compensation (including extra compensable da y) ___________________$10,650

Related benefits______________________________________________ 750

Furnitu re (no nre cur ring)______________________________________ 000

Total___________________________________________________ 12, 000

The Library of the United States Customs Court consists of approximately 

18,000 volumes, including tex t books on 1,500 subjects. Aside from continuations
31

to reported decisions of courts, federal statu tes, general reference works and law 

reviews th ere is a constant need for the reappraisa l of the court’s book collection 

and updating it, particularly on the many techn ical ma tters upon which the 

judges must rule in writing their opinions. To meet this need and to provide 

the court with an administrator and supervisor of all librar y operations, the 

court is asking for a Law Librarian, a t a grade JSP-12.

The Customs Court should have a Law Lib rarian with an A.B. and LL.B. degree, be ad mitted to the bar, or the equivalent in education and experience, and 

have a thorough grasp of th e fu ndamentals of libra ry science as applied to a law 

library. This would include legal bibliography, book selection as well as technical services, including the maintenance of libr ary records and cataloging, 

classification and book binding, plus readers services, such as control of circu ­

lation and legal research. The Law Libra rian will have supervision over a staff 

of five employees, including an Editor of Decisions and other employees experienced in library work. Other responsibilities of the Law Lib rarian include a 

regular check of the Congressional Record for information p ertinen t to the Customs Courrt, customs procedures and tar iff m at te rs ; the preparatio n of manuscript copy for the Government Printing Office for page proof (requires knowledge 

of requirem ents of Government Printing Manual with respect to type size, spacing, 

indentions, etc., an d the requirements of the Government Style Manual). 

Provision fo r Within-Grade S alary Advancem ents

It is estim ated that $13,600 will be required in fiscal yea r 1967 to grant court 

employees within-grade sala ry advancements corresponding w ith those provided 

by Title VII of th e Classification Act of 1949, as amended. Of the to tal requested, 

$12,750 is for personnel compensation and $850 for rela ted Government contributions to the Retirement Fund and for Group Life Insurance. The estimate 

takes into account anticipa ted savings by reason of the retireme nt, resignatio n 

or death of employees and it represents the minimum am ount th at will be required 

to meet such costs.

Customs Law Digest (Other Services)

It has been reported from the Bobbs-Merrill Company, Inc., th at the cost to 

publish the 1965 Pocket Pa rt Supplements for the Customs Law Digest will be 

$15,000, an increase of $5,400. Bobbs-Merrill has stated th at since 1960, when 

the price of $9,600 was established, they have been absorbing the increased cost 

of prod uction; the 1960 price was based upon 636 total number of pages; whereas 

it is estim ated th at the 1965 supplements will contain 1467 pages which represents a 131% increase in the size of the suppleme nts; during the period since 

1960, printin g costs have increased so t ha t their composition and printing costs 

are 15% gre ate r tha n in 1960; there have been increases in cost of paper and 

ano ther 5% increase in paper cost is estim ated for 1965. The c ourt h as absorbed 

the $5,400 increase for fiscal year 1966 from lapse money.

Additional Requirements for Travel and Tran sportation of Persons

The lawyers who represe nt the importers at the ports of Los Angeles a nd San 

Francisco have petitioned the Court to schedule an additional docket, to the two 

dockets that are held each year a t these two ports, in order to enable them to more 

expeditiously dispose of the ir cases. Receipts of cases at the ports of Los 

Angeles and San Francisco number about 6,000 a year. The average number of 

cases on dockets at these two ports a year is 12,535. The Court has carefully 

considered and approved the request for thi s additional service and asks for an 

increase in the budget of $3,000 for the trav el and transp ortation of persons.

Mr. Rooney. These pages indicate that the request is in the amount 

$1,221,700, which would be an increase of $41,600 over the adjusted 

appropriation for the current fiscal year.

The list of requested increases is to be found at page 44 and would 

entail the addition of one additional position to the payroll.

Do you have a statement with regard to this, Chief Judge Rao? 

Incidentally, since we were here 1 year ago, Judge Paul Rao has succeeded Judge Oliver as chief judge of the court.

Very well, Judge.

68—16 0— 61 -3
32

Statement of J udge Rao

Ju dg e R ao. Mr. Chairma n and gen tlem en of the App ropriatio ns 

Com mittee, I have a ppear ed before you r committee many time s in the 

pa st 25 years both when I was with the Dep artm en t of Justi ce and 

since I became associated with the Customs Court. Th is is the first 

time, however, t hat I have ha d occasion to ap pe ar before you as Chief 

Ju dg e of the U.S . Customs Court, and I wa nt to tak e this op po rtu ni ty to than k you person ally , M r. Ch airma n, as well as t he members 

of yo ur committee, for the very fine coop eration you have shown over 

the course of the years. We have not, of course, received ev ery thi ng 

we have ever asked for , bu t all of you have been most un de rst an din g 

and con siderate of our needs in the lig ht o f exi sting conditio ns. Fo r 

myself and on behalf of my associates we wa nt to tell you how much 

we appre cia te you r courtesy and cooperatio n.

At this time may I strongly recommend to thi s committee th at t he 

numb er of attorneys in the Customs Div isio n of the De partm ent of 

Ju sti ce be increased. Prese ntly the Customs Division can not keep 

cu rre nt w ith the w ork of the court a nd many cases can not be decided 

because the Government has not filed its briefs. Th is con dition has 

existed for several years. W ha t I have said is no t critic al of the 

customs section of the De partm ent of Justice, because it is doi ng 

excellent work with the pre sen t staff of att orneys who mu st tra ve l 

and try cases all over our country and then stu dy the records and 

sub mit brie fs before the cou rt can decide th e issues. I have discussed 

th is with t he A ssistant A tto rne y General and I am ma kin g th is stateme nt hopin g th at yo ur comm ittee will increase the num ber of at to rneys in th at section in ord er th at we may dispose of more cases.

I am accomp anied this mo rni ng by the chairma n of ou r bud get 

comm ittee, Ju dg e Scovel Ric hardso n, who is famili ar with th e item s 

in our b udget and who will, w ith your perm ission, ca rry on with our 

justification. A ft er Ju dg e Richard son ha s completed his sta tem ent 

I would like you to see some samples of th e merchandise th at comes 

into our cou rt. I believe you will find the m to be very intere sting.

Mr. Rooney. An y questions wi th rega rd to th at statem ent?

Ju dg e Richard son, you may proceed.

Statem ent of J udge Richardson

Ju dg e Richardson. Th e tot al bu dget we are req ues ting fo r 1967 is 

$1,221,700, with an increase of $41,600.

Ou r base fo r 1966 was $1,159,400, which we an tic ipa te will be ad ­

jus ted by an addit ion al $20,700 which will be in a sup pleme ntal fo r 

the pay increases d ue to the F ed eral Sa lary Pa y Ac t of 1965.

In addit ion to the $20,700, since th at act did not go i nto effect un til 

October 21, 1965, too late fo r a full year, for 1967 there would be 

need ed an ad dit ion al $7,900.

LAW LIBRARIAN

Th e actual increases th at the court is ask ing for , aside fro m these 

th at are an tic ipa ted due to sta tu tory requ irem ents, would be a new 

pos itio n of law lib raria n, JS P-1 2, $10,650, plu s rel ate d benefits of 

$750, and fu rn itu re, no nrecurrin g item of $600.
33

The court does not hav e adequate space for a lib rary, has not had 

fo r a good man y years. Th ere is only space in it fo r two sm all tables. 

Th e books have to be carried to the c eiling and some are kept in the 

storag e room. We are an tic ipating bein g in our new bu ild ing sometim e between August and October of 1967, at which tim e we hope to 

opera te it as a real law lib rary and we would need a person who has 

a bac helor’s degree and a law degree, or the equ ivalent in education 

an d experience, who would supervise the library, ma int ain t he lib ra ry 

records and catalogin g, classification and bookbinding, plu s readers* 

services, such as con trol o f cir culation a nd direction o f lega l r esearch. 

He would have the supervisio n of a staff of about five em ployees and 

be responsible for checkin g the Con gressional Record to ascerta in 

thing s in it th at would be of int ere st to the court and the jud ges on 

tarif f ma tters, customs procedures, and fo r making a digest and dis ­

sem ina ting the info rm ation to th e judges.

He also would be responsible for the pr ep aration of ma nuscr ipt 

copy for the Gov ernment Printing Office for page proo f of wh at is 

printed in what is called the T rea sury Decisions.

Th at is quite a responsibility. We had a lad y there for 25 or 30 

years who ret ire d last December who a tte mp ted to perfo rm tha t func ­

tion bu t was rea lly not qualified, n or did she have the time to give to 

the lib rary. We really need a person to have the res ponsibility of 

the lib ra ry and th at is why we are ma kin g the requ est fo r the law 

lib raria n.

We have c onsulted wi th the head o f t he A merica n Law Li br ary As ­

sociation and lib rar ies of the Bar Associa tion of New Yo rk and the 

New Yo rk Cou nty Law yers Association, and some of th e people in the 

law schools who are libraria ns aro und New7

 Yo rk City, a nd the figure 

is in kee ping wi th the recommen dations we h ave received from those 

peop le who could be considered experts in this area.

Any questions on th at ?

Mr. Rooney. Yes. You hav e pu t yo ur fing er on a question. We 

hav e requests fo r three lib raria ns in the j ud iciary : We have a reques t 

fo r a lib raria n fo r the Co urt of Claims, $9,700; and fo r an ass istant 

lib ra rian for the Co urt of Customs and Pat en t Appea ls, $6,800; and 

you hav e a request for one at $12,000.

Ju dg e Richardson. Ge tting a person who has a bac hel or’s degree 

and a law degree------

Mr. Rooney. You do not say t hey have to h ave th at; you say “or the 

equ ivalen t in educa tion an d experience .” As a m atter of fact, I wonde r 

how many of the jud ges o f all the courts c ould q ualify un de r pag e 48 

of these justificatio ns. Wh oev er the scenario writer was who set this 

up he w as p re tty good.

Ju dg e Richardson. Th e person who worked closely with us on 

th at was the law’ lib raria n at St. Jo hn 's in Brookly n who is the head 

of the A merica n Law Li br ar y Asso ciation.

Ju dg e Rao. We took into c ons ideration also th at it is a hig hly specialized position . W ith the new responsibilities we hav e we are endea voring to interc hange our various pers onnel, and if we could use 

the services of a qualified lib ra ria n to dig est the reco rds in some of 

the pending cases it would help in disposing of more cases. That is 

som eth ing we are doing now th at we nev er did before.
34

Ju dg e Richardson. I t is an are a th at has been neglected. I f you 

ju st wante d someone to do the cataloging of the books and type out 

the car ds bu t who did no t hav e the bac kgrou nd fo r selecting books 

fo r th e lib rary and kee ping it up dated and so on, you could do with 

less, bu t we are tryi ng t o ge t a person who could cover a numb er of 

bases.

CUSTOMS LAW DIGEST

Mr. Rooney. In the nonm andatory item s set fo rth in the lis t of 

reques ted increases at page 44 we find two oth er items, one ent itle d 

“C usto ms Law Digest (othe r ser vic es) ,” $5,400; and “Travel and 

tra ns po rtatio n of pers ons,” $3,000.

Ju dg e Richardson. Yes, sir.

Mr. R ooney. Do you hav e an ythi ng fu rthe r to say about th at ?

Ju dg e Richardson. Yes. W ith res pect to the requ est fo r the Custom s Law Dig est, we have show n the dig est to the committee before, 

an d it is being ke pt up to date . Th e cost in 1960 was $9,600. The 

one t hat came ou t in 1960 ran a bout 123 pages, an d th e one fo r 1965 will 

ru n about 255 pages.

As you can see, this is fo r the one volume. The to tal num ber of pag es 

fo r the 5 volum es is going to be abo ut 1,467 pages, which repres ent s 

an increase of 131 percen t in the size o f the supplement.

In addition , we have statem ents fro m the publi shing com pany th at 

the increase in the cost of composition and pr in ting has gone up 15 

percen t, an d the increase in the cost of pa pe r anoth er 5 percent. We 

abso rbed th e $5,400 in t he 1966 budget w ith ou t coming back fo r a s up ­

pleme nt because o f vacan t positions which we a nti cip ate will be filled 

in 1967. It is due to an increase in the costs of pape r, composition, 

pr intin g, and size of the publica tion .

TRAVEL

Mr. R ooney. W ha t about the trav el ?

Ju dg e Richardson. Ab out the tra ve l, we have ha d requests from 

law yer s on the west coast fo r an ex tra docket out the re each year. We 

hav e been ho ldi ng two dockets, one in the sp rin g and one in the fal l, 

an d the numb er of cases o ut the re h as increase d considerably.

For inst ance, in the las t 5 years on the rea ppraisem ents th at have 

been received in Los Angeles, the y hav e increased 12 tim es wh at th ey 

were in 1956. In S an Fran cis co th ey have increased 10 times from 346 

to 3,134 i n Sa n Fra ncisco , an d 318 to 3,608 in Los Angeles. Tha t is 

on the valua tio n cases.

On the protest cases, the y have incr eased at Los Angeles rou ghly 

abo ut three times from 1,136 to abo ut 3,318. In San Francis co the y 

hav e increased two times fro m abo ut 1,279 to 2,559 in the last 5 years.

It is f elt t hat if we could h ave an e xtra docket or a t hir d do cket out 

there d ur ing the year, th at we would be able to bette r reduce th at number o f cases out there and also give better service to th e im porters and 

the attorneys who rep res ent them .

Mr. Rooney. You have lap se money each year, do you not?

Ju dg e Richardson. We do, Mr. Chairma n.

Mr. Rooney. W hy do you no t use th at fo r the purpose?

Ju dg e Richardson. We antic ipa te th at we are going to be pretty 

fil led-—
35

Mr. Rooney. Tha t is not a recommendation, but just a question.

Judge Richardson. I agree; yes, sir.

Mr. Rooney. What is your answer?

Judge Richardson. As I say, I think we are going to be pretty tigh t 

the way we anticipate the personnel situation next year. If we had 

it, of course, we would use it.

Mr. Rooney. You evidently had it according to the bottom of page 

49.

Judge Richardson. You are right about that.

Mr. Rooney. Are there any questions?

LAW LIBRAR IAN

Mr. Bow. I am just wondering on this library if you get the highpowered librarian, how much we are going to have in increased costs 

of books. You are going to want to build up quite a library. I do not 

see in here what you are paying now for books other than tha t customs digest.

Judge R ao. They are inserted now in certain respects in this manner: Our reports are really published and paid for by the Treasury 

Department. We wish we could pass the expense of the digest to the 

Treasury Department. In fact, we were talking about it outside before we came here, if we could get Treasury to absorb this additional 

cost, it would help. We have not explored tha t possibility as yet.

Judge Richardson. Roughly we have been spending between $7,000 

and $8,000, that is including continuations from statutes, law reviews, 

and general reference works.

Mr. Bow. Are you anticipating an extension of your library when 

you get the new building, new’ volumes, new sets?

Judge Richardson. No.

Mr. Bow. You are talking about building it up into a big library. I 

wondered.

Judge Richardson. Wha t I meant was better organization of the 

library and better selection of material, more careful selection of material, tha t would be useful to us in our specialized areas. Someone 

who would keep informed on new publications and would come up 

w’ith them.

Mr. Bow. That is all.

WORKLOAD CHA RT

Judge Richardson. Mr. Chairman, do you want to put the workload 

charts in the record ?

Mr. Rooney. Yes, we forgot to ask for this mysterious workload 

chart. Do you fellows understand it yourselves this year? We shall 

insert this w’orkload chart at this point in the record.

(The w’orkload chart follows:)
36

Workload chart

Fis ca l

yea r

C la ss ifica tion

ca ses

rece iv ed

R eap ­

pra is em e n t 

ca ses 

rece ived 

(a pp ea ls , 

re vi ew s, 

p eti ti o n s, 

an d r em an d s of 

pr ote st s)

T ota l, all 

cases 

re ce iv ed 

in c ourt

Cla ss ific atio n

cases

de ci de d

R eap ­

pra is em en t 

cases 

de cide d 

(a pp ea ls , 

re vi ew s, 

p eti ti o n s, 

an d re ­

m an d s of 

pr ot es ts )

T o ta l, all 

cases 

de ci de d 

in c ourt

C la ss ific atio n 

cases 

pen din g 

a t close 

of fiscal 

yea r

R eappra is em en t 

cases 

(a pp ea ls, 

re vi ew s, 

p eti ti o n s, 

an d r em ands of 

pro te st s) 

pen din g 

at clo se 

of fiscal 

yea r

T o ta l, al l 

ea ses 

pen din g 

a t clo se 

of fisca l 

yea r

1961______ 28,212 

22,9 26 

22,0 98 

26,4 55 

23,7 55

26,917 

18,017 

13,789 

24,9 87 

24,5 58

55,129 

40,943 

35,88 7 

51,442 

48,313

47,098 

35,479 

17,111 

27,7 84 

19,497

12,973 

14,085 

8,582 

10, 460 

9,54 0

60,071 

49,564 

25,6 93 

38,244 

29,0 37

94,785 

82,232 

87,219 

85,890 

90,1 48

90,094 

94,0 26 

99,233 

113,760 

128,778

184,879 

176,258 

186,452 

199,650 

218,926

1962______

1963______

1964______

1965...........

Ju dg e Richardson. There is a sli gh t decrease in receipts and in 

disp osition s of cases thi s ye ar und er last year.

Mr. R ooney. Tha t is re adily ap pa rent.

Ju dg e Richardson. I t is over the previo us year. P art of the dro p 

in receipts, I think , is due to the two mari tim e strike s th at we had, 

one in Ja nu ar y and one in Ju ne , and so fa r as these disp osition s are 

concerned, all of our judg es, as I am su re ou r chie f j udg e would a gree, 

as he stated at the las t jud ges’ meeting he felt we were all working 

very hard to dispose of our cases.

How ever, we ha ve been op era tin g w ith seven jud ges pretty much f or 

the last year. We ha d one vacanc y filled recen tly. There is the nom ination of an othe r one sent over to the Sen ate. So we hope we will 

have th at situ ati on improved when we come back next year.

Mr. Rooney. Ar e there any questions on the wor kload ch art ? I f 

not, we will be glad to he ar you, Ju dg e Rao.

WORK OF TH E CUSTOMS COURT

Ju dg e Rao. Mr. Ch airma n, th is bottle con tain s wh at is known 

as Canoe cologne. I t is m anufactured in F ran ce. Th e qu estion before 

the court concerns itself w ith th e cos t-of-prod uction basis upo n which 

value is to be pre dic ated. Th ere is a difference in the cost of pr oducin g th is cologne when it is sold in Fr an ce as distinguished from 

the ide ntical prod uct th at is exp orte d. Th e difference is due to an 

excise ta x th at is imposed on the alcohol th at is used in the cologne.

When the perfume is manufactured fo r the Fren ch ma rket, the 

cost of the alcohol is subject to an excise tax . Wh en the cologne is 

exp orted no excise tax is imposed on the cost of the alcohol. The 

difference in thes e costs is appro xim ate ly 500 francs , appro xim ate ly 

$100 U.S. currency. The alcohol is 100 proof.

Th e Customs Co urt has decided th is case in fav or of the Government in findin g a cost of pro duction, which included the excise tax. 

Th e im po rte r lias appeale d. Th ere is appro xim ate ly ha lf a million 

dollars invo lved in this issue.

Th e next one th at I brou gh t here is a tra ns ist or rad io and lea the r 

case.

Mr. S mit h. Per year $500,000 or total ?
37

Ju dg e Richardson. He means tlie numb er o f im ports th at hav e come 

in. Th e cases th at hav e b uilt up un de r t his t est issue am ount to that.

Ju dg e Rao. Wh en this case is fina lly decided we will dispose of 

hund red s of cases inv olv ing abo ut ha lf a millio n dollars which, depending upon the outcome, may or may no t hav e to be return ed to 

the importers.

Mr. Smit h. I t does no t ind icate the annu al difference?

Ju dg e R ichardson. No.

Ju dg e Rao. Th is item is known as a tra ns ist or rad io with a lea ther 

case, which wa9 imported from Ja pa n. Th e Government tre ated 

each art icle as composed of two separat e entities and assessed duty 

on the rad io at 121/2 perc ent a d valo rem and on the lea ther case at 20 

percen t ad valorem. Th e im po rte r is claiming th at both article s 

sho uld be considered as an en tirety and th at the com bination, the 

rad io and case, should be classified and assessed wi th duty at the r ate 

appli ed to th e rad io alone; nam ely, 1 2 ^ perce nt ad valorem.

To su pp ort the claim fo r classification as an entirety , the im porte r 

showed t hat th e articles are alw ays used toget her, t hat the case is made 

specifically fo r the rad io, and th at the rad io ope rate s when closed in 

the case.

The larg er rad io here was introduced to show an oth er type of 

tra ns ist or rad io with the case employed as a coverin g fo r the mecha nical pa rts . Th e case is a very im po rtan t one inv olv ing the pri nciple of e ntireties f or t ariff p urposes. Th e am ount involved a pp roximates $250,000.

The court is await ing br ief s in th is case.

You will notice, Mr. Ch airma n, the rad io here c an be removed from 

the case. Th e colle ctor assessed du ty sep ara tely on each, as I have 

exp lain ed.

Th e next sam ple th at I have also involves a very im po rtan t issue. 

Th is art icle with movable louvers, wh ich is less than 80 inches in len gth , 

is chiefly used over window openings to control air , ventilation , and 

privac y. Th e Ta rif f Ac t provides fo r wind ow blinds as such which 

are dutiable a t t he r ate of 40 perc ent ad valorem. Th e p rovisio n does 

not include shutters . Sh utters hav e fixed louv ers and are over 80 

inches in len gth and hav e a va rie ty of uses, which include use as 

room div iders, pas s-th rou ghs, and on cabinets. Th e im porte rs claim 

th at these articles are shutt ers . Th e customs co urt sus tained the 

Governm ent’s classification of the art icle as wind ow blinds and the 

case has been app ealed to the U.S . Co urt of Customs an d Pa te nt 

Appea ls.

Th e am ount in volved in th is case is about $100,000.

Th is art icl e is identified as a pis tol gr ip. I t was imported from 

Sw itzerland . It is specifically designe d fo r a nd exc lusively used w ith 

th is .8 millim ete r moving pic tur e cam era. It s practic al use is as a 

convenience fo r the op era tor in keepi ng a steady hold on th e cam era 

when taking p ictu res.

Th e im po rte r claim s th at th is pistol g rip should be classified as par t 

of the movie pic tur e cam era and du tia ble at 15 perce nt ad valorem. 

Th e Government reg ard s the pistol gr ip as merely an accessory and 

no t essential fo r the prop er and efficient opera tio n of the camera. 

Th ere fore, it has classified the artic le as a man ufacture of metal not
38

specially pro vid ed fo r with du ty at 19 pe rcent ad valorem. Th e case 

has been su bm itte d and involves approx im ate ly $50,000.

Th is is wh at is known as a model engine. I t is a model of a F or d 

engine imported from Ca nada and classified by the Gov ernment as a 

ma nu factu re of met al with a du ty assessment of 2 2 ^ ad valorem. 

It is imported in assembled con dition or unassembled. I t is exclusively used fo r edu cational purposes, eit he r in the science departm ents of 

schools by pu pils learnin g the mechanism of an auto mobile m otor, or 

in driving instr uctio n classes to dem onstrate the fun cti oning of the 

motor.

I t is designed to show the opera tio n of valves, pistons, and spark 

plugs, as well as the process of combustion. It s elec trical elements 

consist of a batte ry, gro und wire, and a distr ibu tor. A hand cra nk 

is em ploy ed to turn the m otor. Sinc e th e electrical ele ments are essentia l fo r the pur pose of ill us tra tin g the ope ration of this motor, the 

court held this merchandise to be an electrica l article dutiable a t 13% 

ad valorem. Ap proxim ate ly $50,000 is involved in this case. Th is 

runs by the way.

Th is is som ething th at you may have read about in the paper. I t 

could be set up aro und the whole tab le here. These are kno wn as 

model rac ing sets which are imported from Eng land and classified as 

toys wi th duty at 35 percen t ad valorem. They are o perated by electri city a nd controlled by various elec trical gadgets an d switches. The 

im po rte r claims th at th ey are chiefly used by adult s who are members 

of mini atu re car rac ing assoc iations, and whose hobby is slot automobile racing.

Accor din g to the proof offered by the plaintiff, the members of these 

associations sit aro und a tab le or rac etrack and ope rate thes e toy s or 

hobby a rticles. The assoc iatio ns cond uct regu lar racing program s f or 

their members. Th e race cars are mad e acc ording to scale and the 

tra cks and other equipm ent are designe d to be fitted to sim ulate a 

rac ing course.

The im po rte r claim s th at the articles should be dutiable as ma nufac tur es of me tal with du ty at 2 2 ^ percen t ad valorem. Th e case 

has been------

Mr. R ooney. H ow much is the du ty on toys?

Ju dg e R ao. Thirty -five perce nt on toys; 2 2 ^ p ercent, m anufactur es 

of metal.

The case h as been pa rtl y he ard in San Francisco, Chic ago, and New 

Yo rk an d is scheduled fo r fu rthe r testim ony at New Yo rk at the 

Apr il term. The amo unt involved is over $350,000.

Mr. J oelson. The difference is $350,000 ?

Ju dg e Rao. Th e du ty th at the Government would hav e to return 

to the im porters is $350,000. That i t has alr eady collected.

Ju dg e Richardson. I think the sets sell for aro und $50 each.

Ju dg e Rao. Th is item of foo twear is the subject of an Am eric an 

m an uf ac tu re rs prote st wherein the Am eric an man ufacturer alleges 

the rate of du ty assessed by the Government is too low fo r the protection of its inte rests. Th is is an inst ance w here an Ame rican ma nufacturer comes into our court fo r rel ief a nd u nder the law these cases 

receive pr eferen tia l tre atmen t and mu st be expedited. Th e Gov ernment classified the me rchand ise un de r the pro vision fo r “t urn ” or 

“tu rned ” footwear, which car ries an assessment of 5 per cent ad va-
39

lorem. Th e Am erican man ufacturer con tends th at the ter m “t urn ” 

or “tu rn ed ” foo twe ar has a definite me ani ng in the footwear i nd ustry 

in the Un ite d State s and ref ers to a pa rtic ul ar typ e of co ns tru ction; 

nam ely, foo twe ar ha vin g a single sole with a channel on the f oot side 

thro ug h which the sole and the u pp er are stitch ed to gether in side out.

The Am erican man ufacturer claim s th at the imported foo twear is 

no t t urn foo twe ar and should be d uti able at 10 p erc ent a d valorem as 

foo twear not spec ially provide d for.

The case h as wid e int ere st throug ho ut the footwear i nd ustry in the 

United State s and involves appro xim ate ly $350,000. The co urt is 

aw aitin g briefs.

Air. J oelson. May I ask a question ?

Mr. Rooney. Yes.

Mr. J oelson. H ow does the Am erican man uf ac turer know wh at 

du ty is being cha rged? Do you mak e this inform ation ava ilab le to 

the m ?

Ju dg e Rao. Th ey have an association th at watches every item th at 

comes in.

Mr. J oelson. Are yo ur records avai lab le t o t hat association ?

Ju dg e Rao. No, b ut t he re are oth er sources of inform ati on such as 

De pa rtm en t of C ommerce statistics a nd so for th.

Air. J oelson. If any Am erican man uf ac turer wants to prote ct his 

intere sts he can ju st check the records and then he can insti tute an 

action w ith yo u ?

Ju dg e Rao. T hat is rig ht , exce pt th at he must comp ly with certa in 

form alities outlin ed in th e sta tute.

Air. J oelson. Ag ains t th e fo reign im porte r?

Ju dg e R ao. In effect, t hat is so. Ac tua lly it is ag ain st the co lle cto rs 

classific ation and assessment of duty.

Air. J oelson. Th an k you.

Ju dg e R ao. Th is is the las t exhib it I have here. We ha d seve ral 

more th an these I am pre sen ting, inc ludin g some quite lar ge item s 

which we expected to br ing down by car , bu t because of the snow w’e 

were unable to use the car, so we th ou gh t we wou ld ju st take these 

small items. Las t week we used th e car and w ere h eld up by th e snow.

Th is merchand ise was imported fro m It al y and was classified by 

th e Government as silk, pa rti ally ma nu fac tured , ca rry ing a du ty rate 

of 171/2 p erc ent ad valo rem. Th e im po rte r claims it is waste. Th is 

item is not it. Here is the waste ma ter ial , which the y claim du tia ble 

only at 4 perce nt ad valorem. Th e im ported merchand ise is a by ­

prod uc t that is obtained from th e combin g, card ing , p icking , and sp inni ng opera tions in th e sp inn ing of silk and oil yarn.

Th is is an exhib it here showin g the develop ment of the cocoon in 

producing silk. Th e issue involves appro xim ate ly $150,000. Th e 

co ur t is a wa iting briefs.

There are two int ere sting cases pend ing in Ca lifornia , fo r which at 

the pr ese nt time we ar e a wa iting brie fs. Th is is wh y I str ongly recom ­

mended th at more attorneys be autho rized fo r the Customs section of 

the De pa rtm en t of Justice. When thes e cases are eve ntually decided 

we will have disposed of almost 50,000 cases un der each issue. One 

case involves Japane se plywood, and the other the effect, of reg ula tio ns 

of a qu asi-governmental body in J ap an know n by its initials as A IIT I.

Air. Rooney. Ar e th ere any fu rthe r que stions ?

I f not, we tha nk you, Ju dg e R ich ard son , J ud ge Rao , a nd gen tlem en.

Ju dg e R ao. Tha nk you, Air. C hairm an.
COURT OF CLAIMS

W IT N ESSE S

HO N. W IL SO N CO W EN , C H IE F JU DG E 

M A R IO N T. B EN N ETT, C H IE F COM M IS SI ONER 

F R A N K T. P E A R T R E E , CLERK

S ala ri es and E xpe nse s

Object classification

[In thousa nds of dollars]

1965

actual

1966

estimate

1967

estimate

Personnel compensation:

11.1 Permanent positions________ _______ .. 1,032

5

1,083

6

1,108

6 11.3 Positions other tha n perman ent______________ ..

Total personnel compensation____________ 1,037

69

9

10

125

1

4

8

1,090

71

13

10

115

2

6

6

1,114

73

13

13

115

2

6

6

12. 0 Personnel benefits____ _______ _________

21. 0 Travel and transportatio n of p er so ns. .____

23. 0 Ren t, communications, and utili tie s.. ______

24.0 Prin ting and reprod uction .. . ____ _ _____

25.1 Other services________________________

26. 0 Supplies and materials________________

31.0 Eq uip ment______________________ _____

99.0 Total obligations_____________ _________ ____ 1,263 1,314 1,343

Personnel summary

1965

actual

1966

estimate

1967

estimate

Tota l num ber of permanent positions__________________ 85

1

82

85

1

85

86

1

86

Full-time equ ivalent of other positions______ ____ ____

Average numb er of all employees_____ _______________

Program and financing

[In th ousand s of dollars]

1965 1966

actual estim ate 1967

estimate

10

Program b y activities:

Salaries and expenses (obligations)...................................... 1,263 1,314 1,433

Financing:

25 Unobligated balance lapsing_________________

New Obligational auth ori ty ..........................

New obligational authority:

40 App ropriation___ _________________________

44 Proposed supplemental for civilian pay increases.

Relation of obligations to expenditures:

71 Total obligations (affecting expenditures)______

72 Obligated balance, sta rt of year______________

74 Obligated balance, end of year_______________

77 Adjustm ents in expired accounts_____________

90

91

Expe nditures, excluding pay increase sup ple me nta l.~ 

Expenditures from civilian pay increase supple men tal.

9

1,272

1,272

1,314

1,300

14

1,343

1,343

1,263 1,314 1,343 86 103 107 -10 3

- 2

-107 -11 0

1,244 1,298

12

1,338

2
41

Mr. Rooney. The last item to which we shall direct our attention 

this morning is that for the Court of Claims and is to be found 

beginning at page 50 of the justifications book.

We shall insert at this point in the record pages 50 through 57 of 

the justifications book.

(The pages follow:)

Statement relating appropriation estimate to current appropriation

Salaries and expenses, Court of Claims:

1966 appropriation in annual act_________ __________ ____________________________ $1, 300, 000

1966 proposed supplemental due to pay increases........................................ -................... ...... 14,500

Base for 1967............. . ................ . ................... ...... ................................................................. 1,314,500

Net difference, 1967 over 1966:

Requirem ents Difference, 

increase (+) 

or de1966 crease ( —)

adjusted

1967

estimate

$1,314,500 $1,343,400 +$28,900 +28,900

Total estimate for 1967______________________________________________________ 1,343,400

Analysis by object

Increase or 

decrease ( —)

11 Personnel com pensation__________

12 Personnel benefits_______________

21 Travel and transpo rtation of persons.

23 Rent, communications, and util itie s.

24 Prin ting and reprod uction________

25 O the r services____ ______________

26 Supplies and materials...................... .

31 Eq uip me nt_________ ___________

Total obligations................... .

1966

estimate

1967

estim ate

'$1,089, 550 

' 71,350 

13,300 

10,000 

115,000

2.400

6.400 

6,500

$1,114,100 

73,100 

13,300 

12,600 

115,000

2.400

6.400 

6,500

1,314,500 1,343,400

$24,550 

1,750

2,600

28,900

1

 A djusted to reflect the proposed supplemental for pay increases ($13,550 for personnel compensation and 

$950 for related benefits).

Summ ary of increased requirements fo r 1967

Nature of expense (or savings): Amou nt

1. Requirements under the Federal Employees Salary Act of 1965 $5, 500

2. Librarian to staff joint library in new building______________ 9, 700

3. Provision for within-grade salary advancements_____________ 11, 100

4. Improvement and expansion of telephone facilities incident to

occupancy of new building_____________________________ 2, 600

5. Authority to reta in on a continuing basis the sum provided in

1965 for updating the publication of the cou rt’s decisions__ (25, 000)

Increase, 1967 over 1966_____________________________ 28, 900

JUSTIFICA TION

Language Changes

None.

Objectives

This appropriation is for the salaries of the chief judge, four associate judges, 

and other officers and employees of the Court of Claims as well as for travel, 

communications, printing, and other incid ental expenses. For data as to the 

functions of the court, its jurisdictio n and basic sta tutory authorities, reference 

is made to section “I ” of the Digest of Appropriations. The Judiciary, on tile with 

the Bureau of the Budget and the Appropriations Committee of the Congress.
42

Detailed Justificatio n

An appropriation of $1,343,400 is reque sted for 1967, $28,900 in excess of the 

obliga tiona l autho rity for 1966, which has been adjusted to reflect the proposed 

supple mental for “pay costs’’ unde r the Fed eral Employees Salary Act of 1965. 

The incre ase in bu dgetary requ irem ents is exp lained below :

Requireme nts Under the Fe der al Em ployees S alary Act of 1965

An additional $5,500 will be requ ired in fiscal year 1967 represen ting the differenc e between the full-y ear and par t-ye ar cost of increa ses in salary grant ed 

effective October 11, 1965, to all of th e officers an d employees of the cou rt, except 

the judges and commissioners, by or pu rsu ant to the Fede ral Employees Salary 

Act of 1965, Public Law 89-30 1, approved October 29, 1965. The following is a 

breakdo wn by fiscal year of th e tota l cost of the pay inc rea ses :

Per son nel

com pensa tio n

Perso nnel

ben efit s

Tot al

A nn ua l cost o f p ay inc rea ses ___ _ ______ ______ _

Less p rop ose d su pp lem en ta l for 1966............ . .........—

$18 ,700 

13, 550

$1, 300

950

$20 ,000 

14,5 00

Re qu irem en ts, 1967__________________ ______ 5,1 50 350 5,5 00

Addit ional Amount Required or the Employm ent of a Lib rar ian

The amou nt of $9,700, $9,000 for salary and $700 for benefits, is requested in

orde r to employ a lib rar ian at grad e JS P- 11 to supervise the opera tion of the 

libr ary which will be established in the new court building to be occupied during fiscal yea r 1967 by the Court of Customs and Paten t Appeals and by this 

court. The space being provided in the new buildin g makes it possible for both 

cour ts to have for the first time adeq uate libr ary facilit ies. One libr ary is to 

be provided for the join t use of both courts, and two add ition al employees will 

be required. The librar ian at grad e JSP-1 1 is to be provided by this court, and 

the ass ist ant lib rar ian at JSP-7 is to be provided by the Court of Customs and 

Pa ten t Appeals. The grade s of the two iiositions are within the frame work 

of the classifi cation sta nd ard s adopted by the Jud icia l Conference, and the 

number of lib rar ian s to be employed is in line with the number presently employed in libr arie s mai ntain ed for the use of the cour ts of appeal s and the 

distric t cou rts throu ghout the country. The Judi cial Conference at its September 1965, meeting approved the co urt’s reque st for the crea tion of these two 

positions.

Provi sion for Within-Grade Sal ary Advancements

It is e stim ated th at $11,100 will be required in fiscal y ear 1967 to g ran t officers

and employees of the court (exc ept judges, commissioners, and the clerk of the 

co urt) within-grade sala ry advan cemen ts corres ponding with those provided by 

Titl e VII of th e Classification Act of 1949, as amended. Of the tota l requested, 

$10,400 is to cover increases in compensation and $700 for the related Government cont ributions to the Retirem ent Fund and for Group Life Insurance . The 

estimat e is net of anti cipa ted savings due to turnov er in personnel.

Improv ement and Expan sion of Telephone Fac iliti es

The addi tional amou nt of $2,600, $2,000 on a continuing basis and $600 as a

nonr ecur ring item, is reque sted because of the increase in the yearly cost of 

telephon e service as well as the installation charges to be incu rred with the 

occupancy of th e new co urt bu ilding during fiscal yea r 1967.

Addi tiona l Amount Required f or P rin ting

It is requested th at the sum of $25,000, provided as a non recu rring item in

thi s cou rt’s appr opriation for the past two years, be made permanent. This 

amo unt had been reque sted dur ing the pa st two years as a non recu rring item in 

ord er to bring the publication of the cou rt’s bound volumes up to date. While 

th at progr am will be sub stan tially completed by the end of the present fiscal 

year, the cou rt’s reg ular printin g expenses have risen sub stan tially durin g this 

same period. This has been so despite the use of offset and Xerox duplicating in 

an effort to limit the cou rt’s ri sing printing costs. Duri ng the past year a substa nti al incre ase occurred in the cost of printing the cou rt’s opinions, $26,000 to 

$46,700, due prim arily to the increase in the number of opinions rendered, 188
43

as compared with 142 of the prior year. The present sta tus of the cou rt’s 

docket indicates th at the number of opinions will continue at th at level. Also 

during this same period the average cost of publishing the cou rt’s bound volumes 

of which an average of four to five per yea r are required h as increased approximately $2,000, from $7,000 to $9,000 per volume.

INC REASE REQUESTED

Mr. Rooney. Th ey ind ica te th at th e req ues t is in the am ount of 

$1,343,400, wh ich would be an increase of $28,900 over th e ad jus ted ap ­

pr op ria tio n fo r the cu rre nt fiscal yea r. Th e lis t of requested increases is set fo rth at page 52 of th e justifications. It appears th at 

this wou ld entail the a dd ition of a lib raria n, $9,700 to the pay roll and 

$2,600 for improvement and exp ansion of tele pho ne fac ilities incide nt 

to occupanc y of the new bu ild ing as well as th is au thor ity to re tain 

on a c ontin uin g b asis th e sum pro vid ed in 1965 fo r up da tin g the pu blication o f t he cou rt’s decisions. That was to be a n on recu rri ng item, 

was i t no t?

Ju dg e Cowen. I would like, Mr. Ch air ma n, if I could addre ss my ­

self to th at partic ul ar item ?

Mr. Rooney. Yes; ju st a m inute, Ju dg e, and th en you have th e ball.

Th e oth er item s at pag e 52 are ap pa rently man da tory; to wit, 

$5,500 u nder the Fe de ral Employ ees Sa lary Ac t of 1965 and $11,100 

fo r with in g rade salary advances; is th at correct ?

Ju dg e C owen. Yes, sir.

Mr. Rooney. Very well. Now if you will proceed, Ju dg e Cowen.

CASELOAD

Ju dg e Cowen. Th an k you, sir.

First , M r. Ch air ma n, may I su bm it our c opy of the statem ent o f t he 

courts’ business fo r the las t year? Since this is relate d to th at item, 

th at item t hat we ju st m entioned, Mr. Ch air ma n, I wa nt to call yo ur 

att en tio n to the fact that du rin g th is p as t year------

Air. Rooney. We sha ll ins ert this sta tem ent at this po int in the 

reco rd.

(The stat em ent fo llo ws :)

During the cou rt year, from September 30, 1904, to September 30, 1905, the 

court disposed of 527 petitions and 9 appeals representing 1,101 claimants. Except for 08 of these cases, in which no given amounts were claimed, the total 

amount claimed was $108,113,848.81.1

 Of the cases disposed of, the court 

rendered judgments for claimants in the sum of $10,437,028.48, of which $843,- 

901.39 carr ied interest A num ber of these ju dgments was based on settlements 

between the parties. Also, the court rendered judgments for the United Sta tes 

on counterclaim s in the amount of $2,520,021.12, of which $45,880.50 car ried 

interest. The clerk has reported to the Congress the business of the cou rt for 

the above period, showing the names of the claim ants, the amounts involved, the 

natur e of the cases, and the disposition thereof.

The number of petitions and appeals pending on September 30, 1905, tota led 

1,325 representing 8,457 claimants. Of this total the re were 71 class case petitions involving 0,830 claimants. While tes t cases in all probability will dispose 

of the majority of the petitions in this latte r group, practically all of the other

1

 Of the total am ount claimed by plaintiffs , $50,000,000 was claimed by Brodie Overton, 

Ct. Cl. No. 399-64, which was sum marily dism isse d Nov. 20, 1964, on co ur t’s own motion 

as no t being w ith in th e juris diction of this cou rt.
1,254 petitions will require individual trials before the commissioners and disposition by the court.

Report of the U.S. Court of Claims f or the court year ended, Sept. 30, 1965

Cases o ther tha n class cases...............................

Cla ss cases_______________________ _______

Ap pe als from th e In dia n Cl aim s Co mm ission __________________________________

T o ta l, ..........................................................

Cases o ther than class cases:

Service pa y__________________________

Congressio nal________________________

C ont ra ct ____________________________

In dia n______________________________

Misc ellan eous________________________

P ate n t_____ _________________________

Pr op er ty (tak en )_____________________

T ax________ ________ ____ _____ _____

Tra ns po rtat io n_________ _____________

Japanese relo cat ion p rog ram ......................

Civilia n pay _________________________

Cla ss cases:

Ci vilian p ay ____________ _____ _______

Service p a y .. .____ ______ ______ _______

In dia n_____ _________ _______________

Appeals from Ind ia n Claim s Co mm ission __

Pe nd ing, 

Sep t. 30,1964

Fi led Dis pos ed Pe nding , 

Sep t. 30,1965

Pe tition ers

Pl ai ntiff s

Pet itioners

Pl ai ntiffs

Pet itioners

Pl ai ntiffs

Pet itioners

Pl ai ntiff s

1,308 1,672 429 556 499 623 1,238 1,605

79 4,828 20 2,477 28 469 71 6,836

16 16 9 9 9 9 16 16

1,403 6,516 458 3, 042 536 1,101 1,325 8,457

89 89 40 40 39 39 90 90

20 38 0 0 12 30 8 8

325 330 92 93 105 107 312 316

6 6 1 1 0 0 7 7

32 34 26 26 22 24 36 36

88 91 22 24 23 26 87 89

75 305 16 97 37 76 54 326

470 575 145 180 151 211 464 544

102 103 53 61 71 71 84 93

2 2 0 0 0 0 2 2

99 99 34 34 39 39 94 94

50 823 18 2,471 18 440 50 2,854

27 2,470 2 6 10 29 19 2,447

2 1,535 0 0 0 0 2 1,535

16 16 9 9 9 9 16 16

TAX AND PROPERTY (T AK EN ) CASES

As of the close of business on September 30, 1005, there were 404 petitions 

representing 544 claim ants seeking tax refunds on the Court of Claims dockets, 

with a tota l amount claimed of $204,542,758.71 together with interest. Six per 

cent interest, as permitted by statute, on th is amount is $12,272,505.52 per annum.

As of the close of business on September 30, 1005, there were pending 54 

petitions representing 320 claimants in which the total sum of $25,505,413.052

was claimed for the takin g of prop erty without payment of just compensation. 

Intere st at four per cent as pa rt of ju st compensation on th at sum totals 

$1,022,010.54 per annum.

Petitions to the Supreme Court for writs of certiorari

Petitions for c ertiorari pending Oct. 1, 1064___________________________ 29

Petitions for certiorari filed Oct. 1, 1964, to Sept. 30, 1965________________ 34

Total______________________________________________________ 03

Record fo r court ye ar Oct. 1,1964, to Sept. 30,1965:

Petitions for certiorari denied___________________________________ 46

Petitions for certiorari g ran ted__________________________________ 1

Petitions for certiorari filed but not acted upon____________________ 16

Total______________________________________________________ 03

Records prepared for attorneys of record b ut not filed___________________ 7

2

 O f w hic h $16 ,3 92 ,5 87 .9 4 is th e to ta l a m o u n t cl ai m ed in 41 p e ti ti o n s re p re sen ti n g 27 5 

c la im a n ts p e rta in in g to th e ta k in g o f la n d s ; of w hic h $9,1 72 ,8 25 .7 1 is th e to ta l am o u n t 

cla im ed in 13 p e ti ti o n s re p re se n ti n g 51 c la im a n ts p e rta in in g to th e ta k in g of p e rs o n al 

p ro p ert y .
45

PR INTI NG COSTS

Ju dg e Cowen. Dur in g this past year, t he c ourt handed dow n more 

opinion s th an dur ing any preceding yea r f or at least 6 years back. We 

are ma kin g a real effo rt to tr y to get ou r court up to date. Th is 

bring s me, Mr. Ch airma n, to this serious budg eta ry pro ble m; we 

have un deres tim ate d in th is b udget our pr in ting costs. Th e cost of our 

pr in ting has rise n conside rably beyond our expectatio ns and th at is 

due, of course, to two or three causes. I am sure th at you all know 

th at the costs of the Government Printi ng Office have increased.

More th an th at, tho ugh, the increase in costs is d ue to the fact th at 

we a re tu rn in g out a g reat d eal more w ork. We a re tryi ng to c ut the 

costs of pr in ting of our opinion s by disposing of cases by typewrit ten 

order and by writin g b rie f pe r c uriam op inions b ut s till t he volume of 

busin ess is such, Mr. Ch airma n, th at we will no t be able this ye ar to 

print the volumes th at we have on hand .

I would like pa rti cu larly to call to yo ur att en tio n a situatio n th at 

I fou nd out the other day. We h ave a volume, rated as a lar ge one, 

on which we th ou gh t the pr in ting costs would no t run more than 

$10,000. The Gover nment Print in g Office then when t hey got it told 

us it was going to be $12,000. So, this is an unexpected cost th at we 

sim ply can’t control o r do very much ab out.

I want to emphasize, Mr. Ch airma n, th at this is no t a frill. I t is 

no t a w aste, because we are required by the s tatute to d ist rib ute copies 

of our op inio ns to the heads of each De pa rtm ent, to th e Gen eral Cou nsel of the Treasury, to the Co mp tro lle r General, and to the heads of 

each one of the Government b ureaus , as well as to those Gov ernment 

officers who settle accounts.

Mr. Ch airma n, to r epeat, we w ill no t be able to pub lish the volumes 

th at we have r ead y this yea r. We h ave thr ee now. W ith t he money 

th at we have on ha nd , it will tak e all we hav e to pub lish this one, at 

lea st acc ord ing to the pre sen t rate of expenditure. I wa nt to bring 

th at to yo ur attentio n, sir, because it is so mething th at w’e sim ply d idn’t 

anticipa te.

Do you have any other questions, Mr. Ch airma n, on any of these 

item s ? I would be glad to answer them, if I can.

Mr. R ooney. As long as you want some qu estions, I will see if I cannot t hink of a few. Who was respo nsible f or telling the Congress that 

this $25,000 is a no nrecurrin g item and th at it was just no t to be 

brou gh t up again ? He re y ou come along wi th it. Who was res ponsible f or th is?

Ju dg e Cowen. I will tak e the res ponsibility fo r some of it. Ju dg e 

Jon es, I believe, firs t mad e th at sta tem ent to you when he was Chief 

Judg e. I am certa in th at he mad e it in good faith , based upon the 

am ount of work that the cou rt was then doing.

It j us t turne d out, Mr. Ch airma n, th at we a re tu rn in g out a lot more 

work in volume th an h e a ntici pated o r th at any o f us could an tic ipa te 

at th at time. I t was a statem ent mad e, I know, in the utm ost good 

fa ith b ut there a re some th ings you don’t anticip ate .

We have ju st tu rn ed ou t a great deal more work. We are a working 

court and we are try in g to c atch up.
46

INCREASES IN JU DICIAR Y BUDGET

Mr. Rooney. You are not a Texan, are you, Mr. Cowen ?

Judge Cowen. Yes, sir ; I am.

Mr. Rooney. You are just the fellow we have been looking for. Do 

you know the President has been doing what he can to reduce all the 

budgets in the executive department ?

Judge Cowen. Yes, sir ; I have read that.

Mr. Rooney. He very drastically reduced the budgets of many of 

the departments, including the Department of Commerce.

Judge Cowen. Yes, sir.

Mr. Rooney. Tha t being what he has in mind, with the additional 

costs th at we have run into at this particular time, we find tha t the 

Judiciary budget is up 13 percent over last year and this budget is not 

inspected by the President and his Bureau of the Budget.

Judge Cowen. Yes, sir.

Mr. Rooney. They transmit to the Congress the amount that the 

Judiciary themselves request so tha t this has not been given a good 

review. In view of that, have you taken a good look at this thing so as 

to do something about bringing the operation in line with the President’s mind, governmentwise?

Judge Cowen. I have, Mr. Chairman. We have done the very best 

tha t we could with it. We have, as you know, the additional cost this 

next year which has been postponed for sometime because of the delay 

in the construction of our new building. We were supposed to move 

in tha t building this year, February 1966. It is going to be a t least 

another year. I anticipate sometime after the first of Janu ary. That, 

of course, will bring some additional costs which we will have to incur 

as a result of that.

We are living in very cramped, rented quarters as you know. We 

are borrowing a courtroom through the courtesy of Chief Judge 

Bazelon and Chief Judge McGuire to hold our court. We are glad 

to do that but we will have these increased costs and we cannot avoid 

those.

We have, I think, through the years, Mr. Chairman, and you will 

bear witness to this and members of the committee, we have not been 

a wasteful court. When we have had any money to turn back, we 

have always done it.

We don’t have any frills. We don’t have any waste tha t I know 

about. We try to be quite conservative. I do realize and I am aware 

of the President’s desire to reduce the budget generally, but when you 

come to a small organization with fixed costs-----

Mr. Rooney. We are talking about 13 percent of what, $100 million ? 

What is that saying about pennies ?

Judge Cowen. “A penny saved is a penny earned,” Mr. Chairman. 

I think tha t is what you had in mind.

Air. J oelson. You don’t get poor from small profits, Macy said.

Mr. Rooney. Are there any questions ?

If not, thank you, gentlemen.

Judge Cowen. Thank you very much, Mr. Chairman and members 

of the committee.

Air. Rooney. AVe shall return at 2 o’clock, gentlemen.
47

Monday, F ebruary 7, 1966.

CO UR TS OF A PPEA L S, D IS T R IC T CO UR TS , AN D O T H E R 

JU D IC IA L SERV IC ES

W IT N ESSE S

HO N. W IL L IA M J. CAM PB ELL, C H IE F JU D G E, U.S. D IS T R IC T CO UR T, 

N O R T H E R N D IS T R IC T OF IL L IN O IS

HO N. M A T TH E W F. M cG U IR E, C H IE F JU D G E, U.S . D IS T R IC T CO UR T, 

D IS T R IC T OF CO LU MBI A

W A R R E N OLN EY I I I , D IR ECTOR, A D M IN IS T R A T IV E O FFIC E, U.S . 

CO UR TS

W IL L IA M R. S W E E N E Y , A SS IS TA N T D IR EC TO R , A D M IN IS T R A T IV E 

O FFIC E, U.S . CO UR TS

D A R W IN H. ANDER SO N, C H IE F OF B U SIN ESS A D M IN IS T R A T IO N , 

A D M IN IS T R A T IV E O FFIC E, U.S . CO UR TS

M E R R IL L A. SM IT H , A CTIN G C H IE F , D IV IS IO N OF PR O BA TIO N , 

A D M IN IS T R A T IV E O FFIC E, U.S . CO UR TS

ROY AL E. JA CKSO N, C H IE F , D IV IS IO N OF BA N K R U PTC Y , A D M IN IS ­

T R A T IV E O FFIC E, U.S . CO UR TS

ED W A R D V. G A R A B ED IA N , BU DGE T O FFIC E R , A D M IN IS T R A T IV E 

O FFIC E, U.S . CO UR TS

COMPARISON OF APP ROP RIATIONS 19 6 6 AND EST IMA TES FOR 19 6 7

Mr. R ooney. Th e com mittee will please come to order.

Gentlem en, this af ter noon we shall co nsider the item ent itled “C ourts

of appeals, di strict courts, and other jud icial services,” which begins 

at pag e 58 of th e justifi cation book. We shall insert th at p age at this 

po int in the record .

(T he page fo llo ws:)

Summ ary statement relating appropriation estimate to current appropriatio n

Cou rts of appea ls, d istric t court s, an d oth er ju dic ial serv ices (exclusive of salarie s a nd expenses of referees):

1966 ap prop ria tio n in an nu al a ct ............. ................................................................................. .........$64,502,000

1966 proposed s up plem en tal d ue to p ay increases........................................................................... 924,000

Base for 1967........................................................................................... ............................................. 65, 426, 000

N et differ ence, 1967 ov er 1966:

Re qu irem en ts

Difference, 

increase 

(+ ) or de ­

crease (—)

1966

ad juste d

1967

est im ate

Salaries o f judg es_______________ _____ _________ $14, 500,000

35,182, 000 

3, 000,000 

6,000,000 

4,910,000

1,834,000

$14,810,000

37, 433,000 

7, 040,000 

7,400,000 

5,570, 000

2,393,600

+$310,000

+2,251, 000 

+4,0 40,000 

+1, 400 ,000

+660.000

+559,600

Salaries of su pp ortin g perso nnel___ ______ ________

Fees a nd expenses o f court: App ointed counse l.........

Fees of juro rs a nd co mm issioners______________ _.

Tr av el an d mis cellane ous expenses. ____________

Salaries an d expense s, Adm inistra tiv e Office, U.S . 

C o u rt s.. .____ _____ __________ ___ ________

Gross r eq uiremen ts____________ ___________ 65, 426, 000 74,646,600 9,220,600

To ta l es tim ate for 1967....................................................................................................................... 74,646,600

Air. Rooney. Th is page indicates th at the item is composed of six 

subitem s, the t ota l am ount of which is $74,646,600, which w ould be an

GS-160— 6G------4
48

increase of $9,220,600 over the adjus ted approp ria tio ns for the cu rrent fiscal year.

We are pleased to have w ith us th is afterno on the Ho norab le William 

J. Cam pbell, Chief Ju dg e of the U.S . Di str ict Court, No rth ern Distric t of Ill inoi s; the H onora ble M atthew F. McG uire, Chief J ud ge of 

the U.S . Distri ct C ourt, Distri ct of C olumbia; Mr. W arren Olney III, 

Di rec tor of the Ad minist rativ e Office of the U.S . Cou rts, tog eth er 

with the staff of th e Ad ministrat ive Office.

Ju dg e Cam pbell, it is a pleasure to welcome you here once again and

1 w ould inq uire if you have a general sta tem ent at this time?

General Statement

Ju dg e Campbell. Yes, Mr. C hairm an.

Mr. Rooney. You may proceed.

Ju dg e Campbell. Mr. Ch air ma n and gentlem en of the comm ittee, 

once again I have the pleasure of app ea rin g befo re yo u to sub mit es timates for ap prop ria tio ns for th e U.S . Courts of Ap peal and the dis ­

tr ic t cou rts, as well as the ad ministrativ e office. W ith me tod ay are 

the vice chairm an o f the committee on th e b udget of the Ju dicial Conference of t he U nited S tates, C hie f J ud ge Matthew F . McGuire o f the 

Dist ric t of Columbia; Mr. W arren Olney III, the Direc tor of the 

Ad ministrat ive Office of the U.S . Co urts; Mr. Willi am R. Sweeney, 

the As sis tan t D irecto r, and members of t he staff o f t hat office.

I will deeply appre cia te your usual g racious to lera nce in p ermitting 

me to mak e a br ief int rodu cto ry sta tem ent before Chief Ju dg e McGu ire and the members of the Ad ministrativ e Office discuss the v ar ious ap prop ria tio n items with yo ur com mittee to th e e xte nt you wish to 

go in to de tail.

The courts are well aware o f the trem end ous burd en on the Federal 

bud get occasioned by the pre sen t Vie tnam stru ggle. I am told th at 

th at conflict is costing us $1 6^ millio n doll ars a day. Al thou gh the entir e budget fo r th e Federa l judicia ry a t that rate wo uld n ot un derwrite 

thi s expenditure for 1 week, nev erth eles s we realize th at it is the du ty 

of the cou rts, as well as all oth er agencies of Governme nt, to economize wherever possible and to ask fo r no thing t hat is not tho rou ghly 

justified. I assure you on behalf of the judic iar y th at th e pre sen tation 

we are ma kin g to yo ur committee co nstitutes o ur best e ffor t to do just 

that.

Th e cou rts closed the fiscal y ear 1965 with pending caseloads in excess of those of the pre ced ing yea r. Altho ugh more cases were disposed of than in any year in recent h istory , more also were filed. In 

the main, the cou rts are op erating at maxim um cap acity and , a lthough 

an occasional instance to the co ntrary may be fou nd, we are proud to 

be able to ass ert that every judge is worki ng a t max imum efficiency.

The numb er of cases docke ted in 1965 in the c ourts of app eals were 

12 pe rce nt high er than in the previous year—6,766 as com pared with 

6,023. Whil e 71 more cases were dispo sed of tha n in the pr evious year, 

the pe nding cases rose to a record high of 4,775 as com pared with 

3,780 a year ago.

In the d istrict c ourts the p endin g civil caseload reached a new hig h 

of 74,395, alt hough the filing s leveled off at 67,678, ju st 1 percent 

high er than las t year. Term ina tio ns totaled 65.478 or an increase of

2 percent, bu t were 2,200 less than th e nu mb er of cases filed.
49

Habea s co rpu s and other p risoner p eti tio ns rose sh arply to a total of 

7,027 or 30 percen t more than in 1964.

Th e numb er of criminal cases tiled in the district courts in 1965 

total ed 31,569, a 5-perce nt increase over the previo us yea r. Alm ost 

1,200 of these cases were removed fro m St ate and local courts under 

the pro visions of the Civil Bigh ts Act. Ev en tho ugh the number of 

cases termi nated , 32,078, was the hig hest in 10 yea rs, the pending 

caseload increased by 1,256 to 10,834. Ban kr up tcy case filings contin ue to increase the work of the di str ict cou rts fro m a new liigh in 

1965 of 180,323, or 8,604 more cases th an in 1964. He re again the 

pending caseload increased from 157,166 to 162,372 du ring 1965.

I have given you this sketch of the busin ess of the cou rts du ring 

fiscal year 1965—the statistics a re sta ted i n gr ea ter detail in our written justifications—because the ap prop ria tio n estimates con tain 

requ ests f or 183 ad dit ion al sup po rti ng personne l to he lp the courts e xpedite the dispos ition of these c ateg ories of cases. Las t y ear t he C ongre ss increased th e j ud iciary bu dget to p rov ide fun ds fo r 11 ad dit ion al 

deputy clerks for the courts of app eals and 20 a dd ition al dep utie s for 

the distr ict courts. While these addit ion al dep uties hav e been of tr emendous help , the Ad ministrativ e Office h as received requ ests fo r no 

less than 9 deputy cler ks fo r the c ourts of appeals a nd 32 fo r the dis ­

tr ic t courts.

La st ye ar yo ur com mittee allow ed us 30 a dd ition al probati on officers 

on our request fo r 90. The 30 officers hav e all been pu t to good use. 

We are once a gain ask ing f or a dditio nal probati on officers as th e need 

is still urg ent. Al thou gh it is tr ue t hat there was some sli gh t decline 

in pers ons under sup ervisio n du rin g fiscal 1965, th e pre sen t caseload 

of each officer has again resumed its up wa rd climb.

Th e Ju dicial Conference Com mittee on the Ad ministratio n of the 

Pr ob ation System has recently com pleted a detailed stu dy o f the c ur ­

rent needs of th at system in ord er to br ing it wi thin min imum pe rsonnel requirements fo r sta nd ards of social work efficiency. Th is 

stu dy reve als th at , alt hough your com mittee at the rep eated request 

of my committee on the budget has reg ularly gr an ted us addit ion al 

officers, ma ny more are s till required. As c hairm an of the committee 

on the b udget I attended sessions of the probatio n committee, in effect 

review ing m ate ria l in gr ea t detail t ha t o therwise w ould ha ve been submitted in the same detail to yo ur comm ittee. As a res ult of my exhaustive stu dy of the matter , I feel am ply just ified in making the r equests th at are c ontain ed in the ma terial subm itte d to you today.

A t pag e 58 of the justifi cation s we show a requested increase—exclusive of funds fo r ba nk ruptcy —of $9,220,600 af te r ad jus tm ents in th e 

base a pp ropriatio ns fo r the pay cost supplemental.

By f ar the l arge st sing le item of increase is th at of fees a nd expenses 

fo r court -ap point ed counsel. You will recall th at las t ye ar we asked 

$7,040,000 for this item , occasioned by the rec ent leg islation known 

as the Crimina l Ju sti ce A ct, in which I m igh t observe pa ren theti cally 

the Congress became most generou s towa rd such counsel. On our 

request las t year th e Congress allowed us $3 millio n, which, in view 

of the delay in ge tti ng sta rte d un de r the prog ram , will prove to be 

adeq uate. At present, it seems to me, we m ight even be r etur ning some 

of this money to the T reasury at th e end of the cu rre nt fiscal year.

Ou r experience un de r this new legislation is still so sketchy th at
50

we are unable to give you a realistic reques t fo r fiscal 1967. Th ere ­

fore , we are once again reques ting, pu rel y by way of estimate, the 

same amount th at we requested las t yea r. Because of our lack of 

experien ce un de r the act, I regr et t hat I can not give you a more rea listi c estimate. I can assure you th at wh ate ver is ap prop ria ted will 

be caref ully spe nt withi n the ma ndate set b y Congress in the act; and 

almost any figure which your committee, in its usual good jud gm ent , 

feels adequate to st ar t the new fiscal year off, w ill be m ore than satisfac tory to us. W hatev er is allowed of necessity is purel y a guess. 

As the act gets in to fu ll oper ation, it is obvious that , depending on what 

you estimat e, we eit her will be back fo r sup ple me nta l ap prop ria tio ns 

or w ill be retur ning money to the Tr easury.

Th e best way, in my jud gm ent, of insurin g th at the experien ce for 

the coming fiscal year will be acc ura te and economical will be i f your 

com mittee sees fit to allow our request fo r $389,500 as the cost of establishin g in each jud icia l circuit an executive secreta ry and other staff 

necessary to prop er and efficient expenditu re of wh ate ver funds are 

allowed. Al thou gh the need fo r th is adm inistrat ion in each cir cuit a nd 

in the ad mi nis tra tiv e office is pre ssing and vital, it is pa rti cu larly u rge nt in the Dist ric t of Columbia. Th e problem s of la w enforceme nt 

and prosecution peculiar to th is la rge me tro polita n are a being adm iniste red as the y are in the F ed era l courts, th e need fo r adequate supervision of court -ap pointed counsel under the Crimina l Ju sti ce Ac t is 

especially u rgent. My esteemed vice chairm an, Chief Ju dg e M cGu ire, 

here present, will be delighte d to give you r committee any and all detai led informa tio n on th e sub ject which you may request.

Th e attach ed estim ates also reflect a substa nti al increase in the n um ­

ber of senior jud ges who, I am ha pp y to say, are all vo luntarily contrib ut in g services to the courts.

I t should also be n oted t hat the item f or salaries of ju dge s and th eir 

staffs reflects a rapi dl y acc elerating rat e of jud icial app ointment s.

Th e only oth er sign ificant item of increas e is likewise one over which 

none of us has any control , and th at is the increase in fees fo r jur ors .

Publi c La w 89-165, app rov ed Septe mb er 2, 1965, substan tia lly increases attendance fees and su bsistence allo wance fo r juro rs. We e stima te th at the increase will total in cash at least $1,400,000 in fiscal 

1967. We are, of course, req uesting a sup pleme ntal ap prop ria tio n for 

1966 to tak e care of the increase du ring th at fiscal year. Th is request 

has already been subm itte d to the Burea u of the Bud get .

Th ere is no request f or increase of fund s fo r refe rees in ban kru ptc y 

since no new positions have been created . There is, however, in the 

att ache d estimates a sli gh t increase fo r cler ical personnel in orde r to 

keep th is im po rta nt branch of the courts op erating at i ts p res ent maximum efficiency. Yo ur comm ittee will recall th at this fun ction of our 

establishment is comp letely self-financed.

In conclusion, Mr. Chairma n, may I once again express to you and 

to yo or committee my deep person al gr atitu de at the kind ness, coop era'i on , and assistance which you have always render ed to me and 

my fellow m embers of the B ud get Com mittee, as well as to the various 

rep res entative s of the a dm inistrat ive office with whom we wor k in this 

im po rta nt matter of gove rnm ent.

It is also my honor and pleasu re once again to convey to you pe rsonally , Mr. Ch airma n, and to all of the m embers of y our comm ittee,
51

the compliments and gratitude of all of the members of the Judicial 

Conference of the United States.

Mr. Rooney. Thank you, Judge Campbell.

Judge McGuire, do you wish to add to the statement submitted by 

Chief Judge Campbell ?

Judge McGuire. I would like to say at the outset I just met Judge 

Sarah Hughes of Dallas at lunch and we indicated we were coming 

before this committee and she said to thank it for its generosity in the 

past and I said we hoped that generosity would be continued in the 

immediate future.

Mr. Rooney. Judge Hughes is a Texan. I wonder if there are any 

Texans in the room at the moment in connection with this item ?

(No response.)

Mr. R ooney. It m ight be a good idea to advise tha t the President, 

who is a Texan, has been doing the best he can in keeping the budget 

in some semblance of reasonableness so as to contribute to the costs we 

have in southeast Asia, and he worked very hard on the budget of the 

executive department, so much so that there have been unprecedented 

reductions in certain estimates of the Department of Commerce, but 

we find that as a result of comity between the three branches of the 

Government the requests of the judiciary are submitted directly, the 

Bureau of the Budget acting merely as a conduit, and the budget of 

the judiciary now presented to the Congress would be an increase of 

13 percent over the current year’s budget. So I have been inquiring 

this morning if we had any Texans who wanted to help the President 

by withdrawing some of the items presented before the committee. I 

guess we could report a minimum of progress at this point.

There being no Texans in the room at the moment we will proceed 

on the statement of Judge Hughes of Texas.

Judge McGuire. I was going to say I think Judge Campbell had 

anticipated that because he alluded in his statement to the fact that 

the Vietnam war is costing $16.5 million a day and that we were aware 

of t hat fact, and that the pressing items in the application for funds 

for the judiciary for this year were, for example, the necessity of new 

probation officers and particularly 'the matter of implementation in a 

financial way of the Criminal Justice Act of 1964.

Mr. Rooney. Do you consider those the two most important items in 

the budget ?

Judge McGuire. No. I said Judge Campbell alluded to them in his 

statement and I am going along with th at emphasis.

CRIMINAL JUSTICE ACT

In connection with the implementation of the Criminal Justice Act 

of 1964, we asked last year for a little over $7 million and I think you 

gentlemen on the committee ought to allude to the fact, and I presume 

you have, tha t this bill was passed without consultation with the 

Judiciary and no money was appropriated. Judge Harvey Johnsen, 

Chief J udge of the U.S. Court of Appeals, E igh th Circuit, came and 

made a presentation of what it would cost and the figure of $7 million 

was arrived at, and we are asking for that this year also.

Mr. Rooney. You mean you are once again asking for $7 million 

whereas last year the Congress appropriated $3 million ?
52

Ju dg e McGuire. No; you mi sunders tan d me. W ha t I am say ing is 

we asked ori gin all y for $7 m illion. We are ask ing now fo r $7 million . 

We are aware of the fact you gave us $3 million last y ear and, as a 

matter of fact, from the sta nd po int of our experienc e we hav e not 

utilized t hat money yet.

Mr. Rooney. Tha t was the next questio n : How much of the $3 m illion has been expe nded as of the lat est ava ilab le date?

Mr. Sweeney. So fa r our figures are as of December 31. We have 

paid out a total in law yers’ co mpe nsation of $70,838.29 and we have 

pa id out f or services oth er th an legal counsel a t ota l of $9,703.

Mr. Rooney. Are you able to pro jec t in any way a scientific est imate as to wh at would be the total amount expended as of Ju ne 30?

Mr. Sween ey. No, sir. We hav e no scientific way of doing that. 

The figures we ha ve given you would be guesses.

Mr. Rooney. H ow about a guesstimate ?

Mr. Sweeney. W ha t makes it v ery difficult f or us is th at we do not 

have any o f the protr acted cases in yet, which would be t he h igh cost 

cases. Rig ht now in our brief experience the average attorney ’s bill 

is abou t $81 pe r case. W ha t will happen when these get into th e cou rts 

of appeals, we jus t pl ain do not know.

Mr. Rooney. We c an un de rst an d this is a pr et ty h ar d item to estimate, bu t I would suspect th at as of the end of the fiscal year there 

would be a majority of the $3 million une xpended. Would you say 

I was wild in my speculation ?

Ju dg e McGuire. No, I would n ot say you would be.

Mr. S weeney. I would no t say yo u were w ild; no, sir.

Ju dg e McGuire. The experience of the Distri ct of Colum bia is tha t 

from the time the act wen t into effect in Au gust 1965, to the mid dle 

of Ja nu ar y 1966, 553 appointme nts were mad e in the U.S. Dist ric t 

Co urt for "the D ist ric t of Columbia and 106, more o r less, in the C ourt 

of Appea ls, and 103 or 104 by the U.S. Comm issioner. Tha t would 

give you a pr et ty good pic tur e of wh at is in the offing. You might 

say, wi tho ut any scientific accu racy , th at when the th in g gets going 

you will hav e abo ut 1,400 appointme nts a month. Tha t will ru n into 

some money.

Mr. Rooney. The Dist ric t of Columbia is No. 1 in the use of these 

appointed counsel.

Ju dg e McGuire. I am sp eak ing gen era lly of th e country.

Mr. R ooney. Proceed, please.

AD MI NIST RA TION OF THE CR IM IN AL JU ST IC E ACT

Ju dg e McGuire. As a corollary, a nd fallin g int o th e gen eral p ict ure 

in reg ard to the ap prop ria tio n fo r the Crim ina l Justi ce Act, there is 

anoth er requ est for rou ghly $389,000 fo r the a ppoin tm ent of executive 

secreta ries in the cir cuits to mak e absolutely cert ain this th in g is run 

righ t from a fiscal point of view, because 1 am afra id, from experience, that, unless this is done you will hav e serio us trouble, because a 

jud ge gets a man he d^es not know an ything abou t except in a vague 

way and somebody has to look at it.

La st year we did not make a fo rmal request for th is because a special 

Ju dicial Conference Com mittee was looking into it. The committee 

has now ins tru cte d us to mak e an urgent appli catio n for the appro -
53

priatio n of thi s money because fra nk ly we cann ot afford to send good 

money after bad.

Mr. Rooney. I t seems some of us re call there was a request.

Ju dg e McGuire. May be I am incorrect in my recollection.

Mr. Rooney. Do you recall, Mr. Olney ?

Mr. Olney. We made the requ est bu t we had no experience and 

felt we d id not need this l ast y ear because i t would tak e so lo ng to ge t 

this thing in op eration .

Ju dg e McGuire. We did not stress it.

Mr. Rooney. You can say from yo ur experience in the District of 

Columbia as chief jud ge, Ju dg e McGui re, th at y ou think the re has to 

be some kin d of pol icin g in the various circuits?

Ju dg e McGuire. I know so. For exam ple, in th e valid ati on of these 

vouchers a l awyer p ut down th at he s pent 40 ho urs in a l ibrary on th e 

dism issal of an ind ictme nt. I sent it back f or f ur th er elu cid atio n a nd 

he then sta ted he had spent 5 h ours. So he was pa id on the basis of 

5 hours.

If I m ay go off the record.

(Discussion off the re cord.)

Mr. Rooney. We sh all tak e a sho rt recess to a nsw er the rollcall.

(S ho rt recess.)

Mr. Rooney. Before the recess fo r the rollcall, Ch ief Ju dg e McGuire, you were directi ng yours elf to th is requ ested ove rall ap pr opriatio n, and if you wish to proceed, we shall be glad to hear from

y° u

-

Ju dg e McGuire. W ha t I hav e said is a re capit ulati on with emp hasis 

of wh at C hief Ju dg e C amp bell has alread y said.

I migh t mak e th is ob servation: Of th e $9 million increase, the 

lar gest sing le item is in conn ectio n wi th th e Crim ina l Justi ce Ac t 

of 1964.

Salaries of J udges

Object classification

[In thou sand s of dollars]

1965

actual

1966

est im ate

1967

es tim ate

11.1

Pe rso nnel comp ensation :

Pe rm an en t pos itio ns (judges hip s) .,. ______ _________ 11,265 11,295 11,445 11.5 Ot her person nel comp ensation (senior an d resigned 

jud ge s)................ .......... ............ . .......................... ......... 2,546 2,720 2,870

To ta l personne l co mp ensat ion ___________________ 13,811 14,015 14,315 12.0 Perso nnel benef its____________ _____ ____________ ___ 441 450 460

13.0 Benefits for form er per so nnel 1___________ ________ _ 31 35 35

99.0 Tot al ob ligations___ _____________ ______________ 14,283 14,500 14,810

1

 Widows of Suprem e Cou rt Justices.

Personnel summary

To tal nu m be r of pe rm an en t positions :

Circ uit ju dg eships _______________________ ____________

Distri ct ju dgesh ips....... ................................................................

Fu ll- tim e eq uiva lent of ot he r positions : Senior an d res igned 

jud ge s____ ____________________________________________

Avera ge n um be r of all jud ge s............................................................

1966

estim ate

1967

es tim ate

78 78 78

306 306 306

84 90 95

452 459 469
54

Program and financing

[I n th o u san d s of d ollars]

1965

actu al

1966

est im at e

1967

es ti m at e

Pro gra m b y a ct iv it ie s:

10 Salar ies an d be nef its (o bl ig at io ns) ............ ......... ............. ........... 14,283

217

14,500 14,810 Fin an ci ng:

25 U nobligate d ba la nce l apsi ng___ ____ ____________________

40 N ew o bligat io nal a u th o ri ty (a p p ro p ri ati o n )____ _____ 14,500 14,500 14,810

R el at io n of ob ligat io ns t o e xp en di tu re s:

71 T o ta l ob liga tions (affec tin g ex p en d it u re s)_____ _____ ____ 14,283

898

-1 ,1 8 1

14,500

1,181

- 1 , 201

14,810

1,201

-1 ,2 2 6

72 O bl ig at ed bal an ce , s ta rt of yea r................ ................................

74 O bligate d b al an ce , en d o f y ea r_____ _____________ _______

90 E x p e n d it u re s______ ____ ________ _______ ______ ____ 14,000 14,480 14,785

Mr. Rooney. The first of the six items which make up the request of 

the courts of appeals, district courts, and other judicial services is entitled “Salaries of Judges.” It is to be found beginning at page 59 of 

the justification book, which page we shall insert at this point in the 

record together with pages 60 through 64.

(The pages follow:)

Statement relating appropriation estimate to current appropriation

Sal ar ie s of jud ge s:

1966 ap pro p ri ati o n in annual a c t________________________________________ ____ . ____ ____ $14, 500, 000

N e t differen ce , 1967 o ver 1966:

R eq uir em en ts Diff er en ce ,

in cre as e( + )

1966 a ppro ­

pri ati on

1967

es ti m at e

or decre as e (—)

$14,500,000 $14,8 10,000 +$ 31 0,00 0

T o ta l es ti m at e for 1967................................................................................................................................ 14,810,000

An aly sis by object

1966

es ti m at e

1067

es ti m at e

In cr ea se o r 

de crea se (—)

11 Per so nne l co m pen sa tion................................................................. $14, 015,000 

450,0 00

35,000

$14,315 ,000 

460,000

35,0 00

$300,000

10,000 12 Per so nne l ben efi ts _____________________ _____ __________

13 B en ef its for fo rm er pe rs on ne l (w id ow s of Supr em e C o u rt 

Ju st ic es) ............ ........................ ........... ....... ............. ........... .........

T o ta l obligat io ns______ _______ ___ _______ . _____ _ 14, 500, 000 14,810, 000 310,000

Sum ma ry of increased requirements for 1967

Nature of expense (or savings): Amoun t

1. Anticipated increase in th e number of senior judges_________ $155, 000

2. Anticipated decrease in the number of judgeship vacancies___ 155, 000

Increase, 1967 over 1966______________________________ 310, 000
55

J U S T IF IC A T IO N

Language Changes

None.

Objectives

Funds appropriated under this heading are fo r the salaries and benefits of all 

United States Circuit and District Judges, and all Justice s and Judges who have 

retired or resigned in pursuanc e of law. Annuities to surviving widows of 

Supreme Court Justice s also are payable from this appropriation . For basic 

sta tut ory authorities, reference is made to section “J ” of the Digest of Appropriations, The Jud icia ry, on file with the Bureau of the Budget and the Appropria tion s Committees of the Congress.

General Justification

At the present time there are 384 authorized judgeships, 78 for the United 

States Courts of Appeals and 306 for the United States District Courts. As of 

Jun e 30, 1965, there were 453 judges on the roll and in a pay status ; 74 active 

circuit judges, 291 active district judges, 84 senior judges and 4 resigned judges. 

There were 19 judgeship vacancies, 4 in the United States Courts of Appeals 

and 15 in the United State s Distr ict Courts.

The am ount requested for 1967 will be sufficient to pay the s alaries and rela ted 

benefits of 469 judges, 374 activ e judges and 95 retired and resigned judges. It 

will also provide for the payment of annuities to 7 widows of Supreme Court 

Justices. The estimate contemplates an average of only 10 judgeship vacancies 

compared with 16 during 1965. An increase in the number of senior and 

resigned judges also is anticipated. The following table shows the average 

number of judges on the roll during the past eight years and the estim ates for 

1966 and 1967:

F is c a l y e a r J u d g e sh ip s V a can cie s F ill e d

S e n io r a n d 

resig n e d 

ju d g es

T o ta l ju d g es

19 58 ...................... ...................................... 330 14 316 70 386

1 9 5 9 ............................................................ 330 18 312 76 388

I 9 6 0 ........................................................... 316 16 300 81 381

19 61 .............................................................. 313 14 299 81 380

19 62 ................................. ............................ 385 53 332 91 423

19 63 ............................................................. 385 21 364 90 454

1 9 6 4 .......................................................... 385 19 366 84 450

1 9 6 5 .................................... ....................... 384 16 368 84 452

1966 ( e s tim a te ) ______________ ____ 384 15 369 90 459

1967 (e s tim a te ) ...................................... 384 10 374 95 469

During 1965 th ere was an average of 84 senior and resigned judges in a pay 

status, but at the end of the yea r there were 88 on the roll compared with only 

80 a t the beginning of the year. During 1965, 17 judges retired and there were 

9 d eath s among retired judges, resulting in a net increase of 8. There is every 

reaso n to believe th at during 1966 and 1967 the number of senior judges will 

continue to increase and exceed the level which prevailed in 1962 and 1963. 

This projected incre ase is based on the large number of activ e judges who are 

potential retirees. On Jun e 30, 1965, there were 58 judges eligible for retirement. During 1966 and 1967, 17 more judges will become eligible fo r retirement. 

The following graph clearly reflects the upward tren d in retirem en ts:

Mr. R ooney. These pag es ind icate the requested amount is $14,- 

810,000, which would be an increase of $310,000 over the app ropriatio n 

fo r the cu rre nt fiscal yea r.
56

NUM BER OF JU DGES

How man y jud ges does this pro vid e for?

Ju dg e McGuire. Th is takes int o con sideration the present sit tin g 

jud ges and 18 vacancies.

Mr. Sweeney. 469 judg es, 384 activ e judg es.

Mr. Rooney. How man y retire d?

Mr. Sween ey. 95.

Mr. Rooney. An d how ma ny resigned ?

Mr. Sweeney. They are include d in the 95, and the re are 4, sir. 

Th ere are 91 retir ed and 4 resig ned.

Mr. Rooney. H ow man y lapses are pro vid ed for?

Mr. Sween ey. 10 judgeships.

Salaries of Supporting P ersonnel

Object classification

[In tho us an ds of dollars]

1965 actual 1966 es tim ate 1967 es tim ate

Di rect obligations :

Personnel com pensa tion:

11.1 Pe rm an en t p ositio ns........................... ............. ..................

11.3 Position s o the r th an p er m an en t_____ ______ ________

11.4 Spec ial personal service p ay men ts___ ____________

11.5 Other personne l com pe nsation_____________ ______ ..

To tal p ers onnel co mp en satio n..................... . ................

12.0 Perso nnel benefit s........ .................................................. .........

29,996 

612 

44 

85

32,159 

492 

46 

87

34,244 

496 

47 

88

30,736 

2,248

32,784 

2,398

34,875 

2,558

To tal d ire ct obli ga tio ns ....................................................

Re im bursa ble obligations:

11.1 Person nel com pensation: Pe rm an en t position s...... ..........

12.0 Perso nnel b en efits __________________________ _______

32,985 35,182 37,433

12

1

14

1

14

1

To tal reimb ursab le obligations.................. . .......... .......

99. 0 To tal obligations................................................................

13 15 15

32,998 35,197 37,448

Personnel summary

1965 actua l 1966 es tim ate 1967 es tim ate

To tal n um be r of per man en t p osition s______________________

Fu ll- tim e e qu ivalen t of oth er position s...................... ...................

Average nu mbe r of all e mp loy ees...................................................

3,904

114

3,863

3,989

92

3,932

4,237

92

3,932
57

Program and financing

[I n th ous an ds of d ol la rs ]

1965

ac tu al

1966 1967

es ti m at e es ti m at e

10

Pro gra m b y a ct iv itie s: 

Sa larie s an d be ne fits:

D ir ect pro gra m _______

R ei m burs ab le p ro gr am 

T o ta l obli gat io ns____

Fin an ci ng:

11 R ec ei pt s an d re im burs em en ts from : A d m in is tr ati v e 

budget acco u n ts _______ ____ ______ ________ __________

25 U nobligate d ba la nc e la psi ng...................................... ...................

32,9 85

13

32,998

-1 3

565

35,1 82 

15

35,197

- 1 5

37,433

15

37,4 48

- 1 5

N ew o bliga tion al au th o ri ty . 33,550 35,182 37,433

N ew o bliga tion al au th o ri ty :

40 A p p ro p ri ati o n _____ _________ ______ ___________

44 Pro pos ed su pple m enta l for c iv ilia n p ay inc reases.

33,5 50 34, 292 

890

37,433

R el at io n o f o bliga tions t o e xp en ditur es :

10 T o ta l obli gat io ns_____________________

70 R ec ei pts a nd o th er offsets (ite m s 11-17)

71 O bl ig at io ns a ffec tin g ex p en d it u re s_________ ____ ____

72 O blig at ed ba la nc e, s ta rt of y ear........................................ ......... ..

74 O blig at ed ba la nc e, en d o f y e a r .._______ _________________

77 A d ju stm en ts i n ex pi re d ac co u n ts ................. ................. .............

90

91

E xpenditure s, ex cl ud in g pay incr ea se s u p p le m en ta l. 

E xpendit ure s from civ ilia n p ay inc re as e s u p p le m en ta l.

32,9 98 

-1 3

32,9 85

1,001

-7 7 5

- 6

33,2 06

35,197 

-1 5

35,1 82 

775 

-8 3 3

34, 262 

862

37,448 

-1 5

37,433 

833 

-8 8 3

37,355 

28

Mr. Rooney. The next of the six items is entitled “Salaries of Supporting Personnel,” which begins at page 66 of the justification book. 

We shall insert at this point in the record pages 66 through 97.

(The pages follow:)

Statement relating appropriatio n estimate to current appropriation

Sa larie s of s upport in g pe rs on ne l, th e J udic ia ry :

1966 a ppro pri at io n in annual a c t______ _________________________________________________ $34,2 92,00 0

1966 pr op os ed su p p le m en ta l du e to p ay inc re as es ______________________ ____ ____ _______ 890,0 00

Bas e for 1967............................. . .................................................................................................................. 35,18 2,0 00

N e t differen ce , 1967 o ver 1966:

R equir em en ts Diff er en ce , 

incr ea se (4-) 

or d e1966 cr ea se (—)

adju st ed

1967

es ti m at e

C om pen sa tion an d re la te d ben efi ts .................. ............. $35 ,182,000 $37,433,00 0 + $ 2 ,2 51,000 +2, 25 1, 00 0

T o ta l es ti m at e for 1967............................................................... ..................... .......................................... 37 ,43 3,0 00

Analysis by object

19661

es ti m at e

1967

es ti m at e

In cr ea se o r 

de cr ea se (—)

11 Per so nne l co m pen sa ti on______________ _____ __________ $32,784,00 0 

2,3 98, 000

$34,875,000 

2,558, COO

$2,091 ,00 0

12 Per so nn el ben efi ts __________________ ____ _______________ 160,000

T o ta l (d irec t) obli gat io ns________ _______ ______ ______ 35,1 82, 000 37,433 ,000 2,251, 000

1

 A dju st ed to reflec t th e pr op os ed su pple m en ta l for p ay co sts ($834,000 for per so nn el com pen sa ti on an d 

$56,000 f or r el at ed be ne fits).
An aly sis of increases requested by class o f personnel

E sti m ate , 1966 A d d it io n al per so nne l

P a y costs

P o si ti o n A m o u n t P o si ti o n A m o u n t

W ithi ngr ad e pro ­

m otions

O th er in ­

crea se s

E sti m ate , 1967

P osi tion A m o u n t

Per so nnel c om pen sa tion:

C le rk s’ offic es____ _______

P ro b ati o n s y s te m .. ............

Se cr et ar ie s an d la w c le rk s.

C ri ers an d m es se ng er s____

C o u rt re p o rt ers ........... .........

O th er per so nnel ....................

T o ta l co m pen sa ti on. 

P er so nnel ben ef its________

T o ta l co m pen sa tion an d ben efi ts _________ _____ ___________

Le ss port io n of sa la ries an d ben ef its sh ow n ab ov e pai d from oth er 

ac co un ts :

C o m p e n s a tio n .. .. _____________________ _______ _____________

B en efi ts .............................. .......................................................................... .

T o ta l (d irec t) ob ligat io ns.

1,462

942

830

320

313

122

- 5 5

3,934

$12,005,00 0 

8,4 81, 000 

7,080,00 0 

1,693,000 

2,914, 000 

940,000

33,113 ,000 

2,422,60 0

35,535 ,600

-3 29 ,0 00

-2 4,6 00

35,182 ,000

41

105

3336

33

248

248

248

1 D iffe re nc e bet w een f ul l-ye ar a n d p art -y ear co st of p os iti on s au th ori ze d in 1966 fo r only 9 m o nth s. 2 C onver si on of 80 c our t- cr ie r po si tion s to co m bin at io n po si tions o f c rier -law c le rk .

$255,000

490, 500 245,600 

136, 500

205, 400

$116,000 

82, 500 

69,000 

16,500 

28,000 

9,00 0

$94,000

156,000

44,0 00

> 83,000

2 60,000

6,000

1,5031,047

863

356313

155

$12,470 ,000 

9, 293, 000 7,438,600 

1,90 6,000 

2,942,00 0 1,160,40 0

Cn

OO

1,333,000 

105, 700

1,438, 700

1,438, 700

321,000

22,200

300,000 

20, 700

143,000

11,800

4, 237 35, 210,000 

2,583,00 0

343,200

-3 ,0 0 0

-2 0 0

340,000

320, 700

-3 ,0 0 0

-2 0 0

317,500

154,800

154,800

4,237

- 5 5

4,182

37,793,0 00

-3 35 ,0 00

-2 5,0 00

37, 433, 000
59

Summ ary of increased requirements fo r 1967

Nature of expense (or savings):

1. Requirements under the Federal Employees Salary Act of Amount

1965_________________ _____ ______________________ $340, 000

2. 9 additional deputy clerks for the courts of appea ls________ 60, 400

3. 33 additional law clerks for the courts of appeals----- ------- 264, 600

4. 33 stenographers for the courts of appeals------------------------ 221, 700

5. 36 additional messengers for th e courts of appeals------------- 148, 000

6. 32 depu ty clerks for the district courts---------------------------- 214, 800

7. 60 additional probation officers-------------------------------------- 1

 361, 000

8. 45 clerk-stenographers for proba tion offices----------------------- 1

 168, 200

9. Difference between full-year and part-y ear cost of positions

authorized for the probation service for 1966----------------- 90, 800

10. Conversion of 80 court-crier positions to combination positions of crier-law clerk______________________________ 64, 000

11. Provision for within-grade salary advanceme nts---------------- 317, 500

Increase, 1967 over 1966_____________________________ 2, 251, 000

1

 9-month provision.

JU ST IF IC AT IO N

Language changes

The limitations on the aggregate salaries of secreta ries and law clerks to 

circ uit and district judges have been increased, consistent with the provisions of 

the Fed eral Employees Sala ry Act of 1965, from $18,150 and $24,200 to $18,803 

and $25,072, respectively.

Objectives

This a ppropriation is for payment of th e compensation and related benefits of 

all supporting personnel of the United States Courts of Appeals and the United 

States District Courts, with the exception of Referees in Bank ruptcy and their 

clerical assistants. It provides for the adm inistrative and legal aides required 

to assist the judges in the conduct of hearings, tri als and other judicia l functions and to man the component offices of the courts, including the Federal 

Prob ation System. For da ta as to the classes of personnel covered and basic 

sta tut ory authorities, reference is made to section “K” of the Digest of Appropriations, The Jud icia ry, on file with the Bureau of the Budget and the 

Appropriations Committees of the Congress.

General justification

The United States courts of appeals and the U nited States dis tric t courts during the fiscal yea r 1965 were again unable to cope w ith the large volume of new 

jud icial business. As a result cases pending in the courts at th e end of the yea r 

mounted to an all-tim e high.

Courts of appeals

In the United States courts of appeals, 6,766 cases were docketed in 1965, an 

incre ase of 12 percent as compared with the 6,023 cases docketed during 1964. 

There were 5,771 cases disposed of during the year, 71 more tha n in 1964, but 

almost 1,000 less than the number of appeals docketed. Appeals pending on 

Jun e 30, 1965, thu s climbed to a record 4,775. In fou r years the volume of appeals docketed in the courts of appeals h as risen more than 50 percent; pending 

cases have doubled.

The Court of Appeals for the Fifth Circ uit continues to be the most heavily 

burdened. For the second consecutive yea r new appeals exceeded 1,000, as 1,065 

cases were docketed compared with 1,033 in 1964. Although judicia l assistance 

has been provided through the assignment of judges from with in and withou t the 

circu it, the court continues to fall behind on its calendars. The pending case 

load increased 200 cases during the yea r to a record 933. There were larg e increases in new appeals docketed in other circ uits du ring 1965 ; 35 percent in the 

Ninth Circu it, 31 perc ent in the Fourth Circuit, 23 percent in the Sixth Circ uit 

and 20 percent in the Second Circuit.

Dis tric t courts

In the United States district courts civil cases filed leveled off a t 67,678. This 

is an increase of only one perc ent over the 66,930 civil eases filed in 1964. The re
60

were 65,478 civil cases terminated, two percent more tha n the previous year, but 

2,200 cases less than the number filed. As a result civil cases pending in the 

district courts on J une 30, 1965, reached a record high of 74,395, an increase of 

three percent.

Habeas corpus petitions and other applications filed by persons in custody 

pursu ant to a criminal conviction eith er in a state or federal court increased 

sharply. Persons in state custody filed 4,664 petitions for writs of habeas corpus 

during 1965, as compared w ith 3,531 in 1964 and 1,903 in 1963. Prisoner petition s 

of all types now comprise 12 percent of the civil case load of the dis tric t courts. 

During 1965 there was a slight decrease over-all in the number of diversity of 

citizenship cases, althou gh diversity automobile personal injury cases increased 

slightly. Local jurisd iction cases declined 14 percent.

Criminal cases filed in the district courts in 1965 climbed to 31,569, an increase 

of five percent over the 29,944 cases filed in 1964. The increase, however, resu lts 

from the removal of 1,192 crimin al cases from sta te or local courts to the United 

States distric t courts mostly under the provisions of th e Civil Rights Act. These 

cases arose out of the arrest of civil rights dem onstrators within the jurisd ictional boundaries of the United States District Courts for the Northern and 

Southern Dis tricts of Mississippi, the Eastern District of Pennsylvania, the 

Eas tern Distric t of North Carolina and a few other jurisdictions. During the 

yea r 30,313 criminal cases (excluding cases transf err ed under Rule 20, Federal 

Rules of Criminal Procedure) were closed. This is 1,256 cases less tha n the total 

filed. As a resu lt criminal cases pending on Jun e 30, 1965, increased to 10,834 

as compared with 9,578 pending a year earlier.

Detailed justifications

An appropriation of $37,433,000 is requested for fiscal year 1967 which represents an increase of $2,251,000 over the amount available for 1966 augmented 

to the extent of the proposed supplemental for “pay costs” under the Federal 

Employees Salary Act of 1965.

The estimate for 1966 contemplates the appointm ent of 248 additional employees 

to aid the judges in the conduct of th eir official duties and to man the component 

offices of the courts. The judges of the United States courts of appeals have expressed the need fo r additional law clerks, stenographers and messengers. There 

is a demand for additional employees for the clerks’ offices in the United States 

courts of appeals. The estimate provides for the appointment of additional 

officers and clerk-stenographers for the probation system. Provision also has 

been made for augmenting the staffs of the Clerks of the United States distric t 

courts. The need for the additional positions and other items of increase are 

explained below:

Requirements under the Federal Employees Salary Act of 1965

Public Law 89-301, approved October 29, 1965, increased the rates of basic 

compensation of officers and employees in or under the Jud icia l Branch of the 

Government who are serving in “grad ed” positions by amounts reflecting the 

respective applicable increases granted employees subject to the Classification 

Act of 1949, as amended. Similar increases in salary were granted to employees 

serving in “ungrade d” positions whose rat es of compensation are fixed pur suant 

to Section 604(a) (5) of Title 28, United States Code.

The s alary increases granted by or pursuan t to the Act were effective as of the 

first day of the first pay period beginning on or after October 1, 1965, which for 

the Judiciary was October 11, 1965. The annual cost of the increases granted to 

the employees who are compensated out of thi s appropriation, including the 

related benefits, is estim ated at $1,230,000. The cost estimate was developed 

by actual application of the new rates of compensation to each of the positions 

covered by the Act, t akin g into account adju stments in the cost of living allowances and savings by reason of vacancies. The allotments for temporary employment also have been adjuste d to reflect the higher rat es of compensation. 

The rela ted benefits, ineluding Government reti rem ent contributions, matching 

F.I.C.A. taxes, and life insurance premiums, were calculated on the basis of 

approximately 6.8 percent of the increases in compensation.
61

The following is a breakdown of the total pay costs, the supplemental requirements for fiscal year 1966 and th e sum included herein :

A n n u a l co st of p a y in c re a se s............... .

L ess p ro p o se d s u p p le m e n ta l fo r 1966. 

B a la n c e re q u ir e d in 196 7______

P e rso n n e l

c o m p e n s a ti o n

P e rso n n e l

b e n e fi ts

$1 ,1 52 ,0 00 

-8 3 4 ,0 0 0

$7 8,00 0

- 5 6 ,0 0 0

31 8,00 0 22 ,0 00

T o ta l

$1,2 30 ,0 00 

-8 9 0 ,0 0 0

34 0, 00 0

Additional deputy clerks for the courts of appeals

As was mentioned earlier, under the “General Justifications,” the Courts of

Appeals have experienced a very sha rp increase in filings. In 1965 there were 

6,766 appeals docketed compared with only 6,023 in 1964, an increase of 12 percent. 

During the past ten years the volume of appeals has increased. 89 percent. In 

ju st four years, since 1961, there has been a 60 percent increase in the number 

of appeals. Each of the courts has shared in the over-all increase in judicial 

business. The Fou rth Circuit has experienced the larg est percentage increase 

in filings, 610 in 1965 compared with only 211 in 1956. Filings in the Fifth, 

Sixth and Ninth Circ uits have more than doubled in 10 years. The largest 

numerical increase occurred in the Fif th Circ uit with the court receiving 1,065 

cases in 1965, 554 more tha n it received in 1956. The Second, T hird and Tenth 

Circuits each experienced an increase of more than 80 percent. The following 

table shows the volume of appeals docketed in each of the courts during the past 

ten years and th e percentage increase, 1965 over 1956:

C irc u it

D is tr ic t o f C o lu m b ia c ir ­

c u it ____________________

1 st c ir c u it ...............................

2d c ir c u it............ ....................

3d c i r c u i t . . . ..........................

4 th c ir c u it_______________

5 th c i r c u i t . . . ..................

6 th c ir c u it_______________

7 th c i r c u i t . . .........................

8 th c ir c u it_______________

9 th c ir c u it _______________

10th c ir c u it............................

T o ta l______________

N u m b e r o f case s fi le d b y fi sc al y e a r

In c re a s e , 

1965 o v e r 

1956

1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 N u m ­

b e r

P e rc e n t

537 498 476 540 505 527 653 791 735 685 148 28

127 114 111 142 154 146 165 143 204 210 83 65

462 533 506 520 582 674 582 695 717 860 398 86

272 272 330 293 296 334 437 410 457 497 225 S3

211 218 226 223 224 250 300 357 467 610 399 190

511 595 530 555 577 630 715 874 1,03 3 1,065 554 108

311 368 318 268 306 340 412 411 558 685 374 120

292 262 289 302 329 328 394 434 464 514 222 76

238 204 200 228 237 246 297 290 349 333 95 40

386 419 459 454 455 443 580 719 621 840 454 118

241 218 249 229 234 286 288 313 418 467 226 94

3,58 8 3,70 1 3, 69 4 3, 754 3,89 9 4,20 4 4, 82 3 5,43 7 6,02 3 6, 76 6 3,17 8 89

With all of the financial activities, the docketing and other paper work 

centered in the Clerks’ offices, the work load in these offices has increased in 

proportion to the increase in filings. At the present time, including the additional deputies authorized for fiscal year 1966, there are 98 full-time perm anent 

positions in the Clerks’ offices in the Court of Appeals, only 15 more than there 

were in 1961. This represen ts an increase in man-hours of only 18 perc ent in 

contrast w ith an increase of over 60 percent in the number of cases filed during 

this period. The work load in these offices continues to increase. It is imperative th at they be provided additional personnel if they are to be expected 

to efficiently and economically car ry out the responsibilities devolving upon 

them.

The sum of $60,400 is requested for the employment of nine (9) additional 

deputy clerk s to serve in the Clerk’s offices of th e United States Courts of Appeals. 

The estimate is based on the employees being classified in Grade JSP-7 at 

$6,269 per annum and includes $4,400 for rela ted benefits—Government contributions to the retirem ent fund, for group life insuranc e and health benefits. 

In addition to the amount included herein for compensation and benefits, the 

sum of $8,500 is included under the appropriation heading “Travel and Miscellaneous Expenses” to provide the new deputies with general office equipment
62

and to cover such miscellaneous expenses as communications, printing, supplies, 

etc.

Additional law clerks for the courts of appeals

The Judicia l Conference Committee on Supporting Personnel in March 1964 

recommended to the Judicia l Conference th at “each Court of Appeals be a uth orized to employ three law clerks to be assigned from time to time by the Chief 

Judge to cases or to judges as he may deem desirable.” The Committee stated 

that it was of the opinion that the Courts of Appeals are prese ntly confronted 

with substan tially increasing case loads, with many cases prese nting issues 

of scientific and economic complexity based upon lengthy and involved records 

which require intensive examination. It expressed the view that the prese nt 

personnel available to some of the partic ularly burdened Courts of Appeals is 

inadequate to efficiently and economically carry out the responsibilities devolving upon them. The recommendations of the Committee were approved by the 

Jud icia l Conference; but, of course, the appointments are subject to the availability of funds.

The authority f or the appointment of these law clerks is contained in Section 

712 of Title 28 of the United States Code. The sta tute provides th at “Circu it 

Judg es may appoint necessary law clerk s” withou t any restrictions as to the 

nunibei" of law clerks tha t may be employed. The limitations contained in the 

tex t of the appropriation on the aggregate salaries to be paid secretaries and 

law clerks appointed by “one judge” are not considered applicable inasmuch 

as the appointments are to be made by the courts and not by the individual 

judges.

The budget estima te for the fiscal year 1966 included a request for fund s for 

the employment of thirty-three (33) additional law clerks for the Courts of Appeals but the request was denied by the House of Representatives. No appeal 

was made to the Senate for restoration of the funds. However, in a let ter addressed to the Chairman of the Senate Appropriations Subcommittee it was 

stated that “current studies of requirements will be continued against the possibility th at it will be necessary to reque st more or less additional personnel for 

fiscal yea r 1967 in the ligh t of experience and developing work loads.”

The sum of $264,600 is included for this purpose, $245,600 for the sala ries of 

thirty-three law clerk s in grade JSP -9 at $7,479 per annum and $19,000 to cover 

the rela ted Government contributions to the reti rem ent fund, for group life insurance and health benefits. In addition, the sum of $32,000 is included under 

the a ppropriation heading “Travel and Miscellaneous Expenses” for the procurement of general office equipment and to cover their miscellaneous expenses— 

communications, supplies, etc.

Stenographers for the courts of appeals

The Jud icia l Conference Committee on Supporting Personnel in September 

1964 recommended to the Judicial Conference th at “each Court of Appeals be 

authorized to employ not to exceed three stenographers, to be assigned from time 

to time by the Chief Judge to Judges or to such ma tters as he may deem d esirable to expedite the work of the court.” The Committee stated that the “present 

stenographic assistance available to some of the par ticula rly burdened Courts 

of Appeals is inadequate to efficiently and economically carry out the responsibilities devolving upon such courts.” The Conference approved the Committee’s 

recommendation.

Authorization of fund s for the employment of these stenographers will be of 

great assistance in expediting the work of the judges. As it is now, the law 

clerks are uniformly hampered by having to type memorandums and research 

notes and the like for the judges for whom they work, whereas, the time ava ilable to the law clerks for the performance of the ir duties of study and research 

and writing could be g reatly increased if stenographic assistance were available 

to them over and beyond that that can be performed by the judge’s secretary 

und er present circumstances. During the past few years duplicating machines 

and copying machines have been utiliz ed to lessen the burden of typing and copying which the secr etaries must do, but even the use of these machines has not 

prevented freq uent delays in circulating and publishing opinions or memoranda. 

Any savings through the use of these machines has been more than offset by the 

stenographic and typing work required by reason of the increase in the volume 

of appeals and motions.

A request for fund s for this purpose for the fiscal yea r 1966 was denied. The 

need for the stenographers becomes increasingly app arent and, therefore, the 

request is being resubmitte d. The sum of $221,700 has been included herein to
63

permit the employment of thirty-three (33) stenographers in grad e JSP -7, 

$205,400 for payment of their compensation and $16,300 fo r rela ted benefits. In 

addition, the sum of $32,000 has been included under the heading “Travel and 

Miscellaneous Expenses” f or the procurement of general office equipment and for 

such miscellaneous expenses as communications, supplies, etc.

Add itional messengers for courts of appeals

Section 713 of Title 28 of the United States Code authorizes the Courts of 

Appeals to appoint necessary messengers, without any restriction as to the number of messengers tha t may be appointed. As a ma tter of policy, the Courts have 

been limited to one messenger for each judge.

At the present time, the re are twenty-six perm anent full-time messengers 

authorized for the Courts of Appeals. With 78 circuit judgeships, the rati o is 

one messenger for every three judges. In addition, thirteen judges in the Third, 

Fourth and Fifth Circ uit Courts of Appeals have been authorized to employ 

messengers on a purely temporary basis. These tem porary appointments were 

authorized out of savings in the appropriation. The savings, however, is not 

of a re curring natu re.

In recent years there has been a growing tendency on the pa rt of the judges of 

the Courts of Appeals to exercise their prerogative to appoint messengers. This 

obviously is due to the increasin g volume of business in the courts. The judges 

have expressed the ir desire to appoint messengers so as to relieve their law clerks 

and secreta ries of many of the duties which they are now performing and to 

give them both additional time to p erform their prim ary functions. The judges 

have a gr eat deal of bulk mailing. They receive and mail o ut hundreds of volumes 

of records and briefs a year. They receive thousand s of pages of pocket parts 

in the many texts and services that must be kept up to date in the ir libraries. 

They receive several volumes a day of texts, services, or law reports which items 

have to be classified and filed or placed on bookshelves. These duties which, to 

a large degree now are being performed by secreta ries or law clerks, could be 

performed by messengers. The messengers naturally would run the many 

err ands required in the day to day operations of the offices, including trip s to 

and from th e Clerk’s office, the D istrict Court, and Sta te o r Law School Libraries. 

They would be assigned many other duties including, but not necessarily limited 

to, the filing, sorting and classification of material, photocopying, answering the 

telephone, and serving in the capacity of a receptionist in the absence of the 

secretary .

It is requested that the sum of $148,000 be provided in 1967 for the employment of 36 additional messengers for the Courts of Appeals on a permanent 

basis. This will permit a conversion of the above-referred-to temporary appointments to a perm anent status. The estimate is based on the messengers being 

classified in Grade JSP-2 at $3,814 per annum and includes $11,500 for related 

benefits—Government contributions to the reti rem ent fund, for group life insurance and health benefits.

Add itional deputy clerks for the district courts

The Adm inistrative Office of the United States Courts has received many requests from Clerks of the Distric t Courts for additional personnel. These requests in most instan ces bear the endorsement of the Chief Judge. After careful 

consideratio n of each of the requests, taking into account the volume of civil, 

crim inal and bankruptcy cases, passport applications, etc., it has been determined that the need for 32 additional deputy clerks very definitely exists and 

that such additional personnel must be provided for the proper functioning of the 

courts. The sum of $214,800 is included for this purpose. The sum of $199,000 

will be required for the ir sala ries and $15,800 for rela ted benefits—Government 

contributions to the retirem ent fund, for group life insuranc e and health benefits. 

The estimate contemplates the employment of the deputies in grade JSP-7 

at $6,269 per annum. In addition, the sum of $28,800 has been included under 

.the appropriation heading “Travel and Miscellaneous Expenses” to provide 

the new deputies with general office equipment and to cover such miscellaneous 

expenses as communications, printing, supplies, etc.

The additional deputy clerks will increase the number of positions authorized 

for the Clerks’ offices in the District Courts from 1,338 to 1,370. It should be 

noted, however, th at the count of positions includes the equivalent of 55 fulltime positions authorized for offices also iierform ing functions which heretofore were being performed by the clerical staffs of referees in bankruptcy. The 

si>ecial fund appropriation for "Expenses of Referees” is being charg ed a proportion ate share of the total cost of operations.
64

Since 1962 the Congress has authorized the employment of only 25 additional 

employees for the Clerks’ offices in the United States Courts. This constitute s 

an increase in m an-hours of less than two percent in four years. The additional 

man power has provided some relief but not near enough to cope with the 

increased work load in these offices.

Bankruptcy cases

An increase in bankruptcy case filings has placed a considerable burden on 

the Clerks’ offices in that they are responsible for the opening and closing of 

the case dockets and certain rela ted financial activities. In 1965 bankruptcy 

case filings reached an all-time high of 180,323, an increase of 22 percent over 

the 147,780 cases filed during 1962. The following table shows the number 

of cases filed, and the numerical as well as percentage increase in filings during 

the past ten y ea rs :

F iled N um er ic al

in cr ea se

Per ce nta ge

in cr ea se

1956___________________________ ___________________________ 62. 086 2. 682 4.5

1957________________________________________ ______________ 73, 761 11, 675 18.8

1958________________________________________ _______________ 91,6 68 17, 907 24.3

1959_____________________________________________ ______ _ 100. 672 9, 001 9. 8

1960____________________ _________ . . ___ ___ . 110, 034 9.362 9.3

1961__________________ ___________________ . _____ 146,613 36, 609 33 .3

1962................................................................................................................ 147, 780 1.137 .8

1963____________ ___________ _______________________________ 155,493 7,713 5. 2

1964_____________ ______________ ____________________________ 171, 719 16. 226 10.4

1965___________________ ______ _____ ________________________ 180,323 8, 601 5. 0

The Clerks of Court are required by law to collect a fee of $8.00 in each case 

representing a remuneration for services rendered. This is based on the concept that the bankruptcy system is to be operated on a self-sustaining basis. 

These fees are deposited to the General Fund of the Treasury. The increase in 

filings has resulted in a substantial increase in revenue—$260,000 more in 1965 

tha n in 1962.

Passport applications

In 1965, 298,959 passport applications were processed by the Clerks’ offices 

compared with only 249,655 in 1962, an increase of 49.304 or 20 percent. During 

the first thre e months of fiscal year 1966, passport applicatio ns were up 15 percent 

over the previous year. If this tren d continues, the Dis trict Courts may be expected to process 343,000 applications in 1966 and 394,000 in 1967. It takes an 

average of 30 minutes to process a passport application, including counter inquiries, telephone calls and correspondence. Based on the volume of applications processed, the work load in the Clerks’ offices in 1965, compared with 1962, 

has increased to the extent of 24,650 man-hours, or the equivalent of 12 full-time 

employees. If the volume fore cast for 1967 materializes, it would require services 

equivalent to approximately 23 more employees.

Criminal cases

There were 31,569 criminal cases filed in the Distric t Courts during 1965, an 

increase of more than five percent over the 29.944 cases filed in 1964. The 

incre ase results primarily from the removal of 1,192 criminal cases from state and 

local courts to the United States Distric t Courts under the provisions of the Civil 

Righ ts Act. The following table shows the criminal cases filed, terminated and 

pending during the past ten y ea rs :

F is ca l ye ar P en d in g 

p ri o r yea r

O rigi na l pro ­

ce ed ings

R ec ei ve d b y 

transf er

T o ta l te rm in ati o n s 1P endin g end 

of y ear

1956....................................................... 8,643 28,739 1,914 32,053 7,243

1957............................................ ........... 7,24 3 28,1 20 1,958 29,8 26 7395

1958_______ ___________ ________ 7,495 28,897 1,840 30,781 7,451

1959____________________________ 7,451 28,729 1,924 30,377 7,727

1960 _________ _____ ___________ 7,727 28,137 1,691 29, 864 7,691

1961 ________________________ 7,691 28,4 60 1,808 29,881 8,07 8

1962 ___________________________ 8,0 78 29,274 1,743 30,013 9’ 082

1963 .................. ............. ....... ......... 9,0 82 2 \ 858 1,888 31 j 546 9 ,282

1964 . .................. ................ 9,2 82 29,944 1,789 31,4 37 9,5 78

19 6 5 .. .......... ......................................... 9,5 78 •31,56 9 1,76 5 3?; 078 10,834

»In clu d es tr ansf er s.

•I n clu d es 1,192 ca ses r em oved fro m S ta te o r lo ca l c ourt s.
65

Habeas corpus and other prisoner petitions

The large volume of habeas corpus petitions, motions to vacate sentence and

oth er prisoner petitions has increased the burden of the Clerk s’ offices. In 1965 

the re were 7,027 such petitions filed in the District Courts (excluding the Distri ct of Columbia, Canal Zone, Guam and the Virgin Isla nds ) 30 percent more 

tha n in 1904 and almost trip le the tota l filed in 1902. The following table shows 

the volume of such p etitions during the p ast four years :

Prisoner petitions filed in the United States Dis trict Courts {excluding the

Dis tric t of Columbia, Canal Zone, Guam and the Virgin Islands) , fiscal years

1962 through 1965

F is cal yea r P e rc e n ta g e

ch an ge ,

1965

1962 1963 1964 1965 over 1964

T o ta l, a ll p e tit io n s .......... ....................... 2,37 9 3,24 1 5,391 7,027 30 .3

P eti ti o n s b y F ed er al p riso ner s: 

D ep o rt ati o n :

H ab eas c o rp u s....................................... 55 19 29 53 82 .8 O th e r...................................... ................. 153 59 52 77 48.1 U .S . Par ol e B oar d r e v ie w s .. .................. 12 10 20 23 15.0 M otio ns to v ac at e s e n te n c e .. ................... 408 450 833 1,122 34 .7 H abea s co rp u s_________________ _____ 466 507 536 585 9.1 O th er pri so ner p eti ti o n s.............. ............. 38 50 103 159 54.4 P eti ti o n s b y S ta te p riso ne rs :

S ta te h ab ea s c o r p u s ................................... 1,11 5 1,90 3 3,531 4,664 32.1 O th er pri so ner p eti ti o n s............................ 132 243 287 344 19.9

Additional probation officers

It is requested that $301,000 be provided for the employment of 00 additional 

probation officers in Grade JSP-9 at $7,479 per annum. The sum of $335,000 is 

for the ir compensation and the remaining $20,000 for rela ted benefits—Government contributions to the retir eme nt fund, for group life insuranc e and health 

benefits. In addition, the sum of $113,000 is included under the heading “Trav el 

and Miscellaneous Expenses” for the nonrecu rring expense of providing general 

office equipment and to cover the ir expenses of travel, communications, supplies, 

etc. The estim ates are based on the officers serving for an average of only nine 

months in fiscal year 1907.

The Congress for the fiscal yea r 1960 authorized the employment of 30 add ition al probation officers increasing the tota l number of probation officer positions 

in the District Courts from 522 to 552. This increase in personnel should bring 

the average case load per officer down from 91 in 1965 to about 89 in 1966. In 

order to bring the work load down to the 1959 figure when it was 83 units per officer. 60 additional probation officer positions are needed. The goal of the Federal Probation System is 75 units per officer. The following table shows the work 

load of the probation officers during the past 10 yea rs with estim ates for fiscal 

years 1966 and 1967:
66

Wo rkl oad of F edera l probation officers

Fi sc al ye ar

N u m b er of 

pro bat io n 

off icer 

po si tion s

A ve ra ge w ork lo ad u n it

T ota l

Sup er vi si on 

cases 1

P re se nte nc e 

in vest ig ations 2

A ct ua l:

1956 ___________ _________________ 387 81 19 100

1957 ___________________________ 481 69 16 85

1958 _____ ____________________ 487 69 17 86

1959. ______ ___________________ 508 67 16 83

I960 - _____ ____ _____ _____________ 506 68 16 84

196k _____ ________________________ 506 69 16 85

1962 ____ ______________________ 522 70 16 86

1963 ____ - 522 74 17 91

1964 __________ ____________________ 522 76 17 93

1965 ___________________________ 522 75 16 91

E sti m ate :

1966 - ___ _____ ___________________ 552 74 15 89

1967______________________________________ 612 69 14 S3

* 1 u n it is gi ven for ea ch su per vi si on case.

2 4 u n it s are gi ven for ea ch pr es en te nc e in vest ig at io n m ad e pe r m o nth . 16 u n it s, ther ef or e, re pre se nt an 

av er ag e of 4 p re se nte nce in ve st ig at io ns p er m o n th d u ri n g th e ye ar .

During 1965 a total of 32,101 investigations of all types was made. Of these 

24,897 complete presentence investiga tions were made—a decrease of 1,201 from 

the previous year. On Ju ne 30,1965, there were 39,332 persons under supervision 

compared with 39,600 on the same day a yea r earlier, a decrease of 268. The 

number of probationers, persons under de ferred prosecution, and milita ry parolees 

decreased. There were increases, however, in the number of parolees and persons on man datory release. The total number of individuals under supervision 

during the year was 61,901 compared with 62,367 during the previous year. 

The following table shows the number of persons under supervision and the 

volume of complete presentence investigations conducted during the past 10 

ye ar s:

Fis ca l ye ar

Per so ns 

u n d er su per ­

vi si on (end

of ye ar )

P re se nte nce

in vest ig at io ns

F is ca l ye ar

Per so ns 

u n d er super ­

vis io n (e nd

of yea r)

Pre se nte nc e

in vest ig at io ns

1956 31,385 22,365 1961_________________ 35,0 09 24,357

1957 33' 133 23,168 1962_________________ 36, 540 24,954

195S 33,781 24, 503 1963_________________ 38,551 26,226

1959 34,248 23,992 1964_________________ 39,6 00 26, 098

1960 34,343 23,662 1 9 6 5 . ......................- 39,3 32 24, 897

Although the number of persons under supervision declined slightly during 

1965, it is not considered indicativ e of a change in the general pat tern which 

has existed over the past ten years. In view of the current upward trend in 

crim inal cases, an increase in the number of persons under supervision is anticipated for fiscal years 1966 and 1967. The number of presentence investigations 

also is exi>ected to return to the level prevailing during 1963 and 1964. Recognized authorities in the judicial and correctional fields assert th at a presentence 

investigation be made in every case regardless of the natur e of the offense. 

At the present time investigations are being made on approximately 80 percent 

of all convicted defendants.

Additional clerk-stenoyraphers fo r probation system

The sum of $168,200 ($155,500 for compensation and $12,700 for related benefits) is being requested for the employment of 45 clerk-stenographers in grade 

JS I‘-4 at $4,641 j)er annum for an average of nine months in 1967. The sum 

of $43,500 is included under the heading “Trav el and Miscellaneous Expenses” 

for general office equipment and miscellaneous expenses. These clerk-stenographers will be required to serve the additional officers requested above.
67

Differenc e between the lull-year and part-year cost of positions authorized for

the probation system

The Congress for fiscal year 1965 authorize d 30 additional probation officers 

and 23 clerk-stenographers for the probation system. In anticipa tion of a delay 

in filling the new positions, the dolla r amount requested has been calculated on 

the basis of the officers serving an average of only nine months. Inasmuch as 

the savings will not be realized during 196". an additional $90,800 will be required, representing the difference (3 months provision) between the full-year 

and part-ye ar cost of the new positions. Of the amount requested, $83,000 is 

for personnel compensation (reduction of lapse s) and the balance of $7,800 is 

to cover the Government contributions to the Civil Service Retirem ent Fund, 

for group life insurance and health benefits.

Conversion of crier positions to “crier-law clerk”

Public Paw 89-281, approved October 21, 1965, authorized the appointments 

of crier-law clerks by United States District Judges. The Act amended the first 

paragraph of Section 755 of Title 28, United States Code, to read as follow s:

“Each district judge may appoint a crier for the court in which he presides 

who shall perform also the duties of bailiff and messenger. A crie r may perform 

also the duties of law clerk if he is qualified to do so and the d istrict judge who 

appointed him designates him to serve as a crier-law clerk. A crier designated 

to serve as a crier-law clerk shall receive the compensation of a law clerk, but 

only so much of th at compensation as is in excess of the compensation to which 

he would be entitled as a crie r shall be deemed the compensation of a law clerk 

for the purposes of any limitation imposed by law upon the aggregate sala ries of 

law clerks and secretaries appointed by a d istrict judge.”

For several years distric t judges were granted the privilege of appointing a 

combination of crier-law clerk in lieu of a crier alone. In 1959, the Judicial 

Conference concluded that it was without autho rity to permit the continuance 

of this practice and directed the Adm inistrative Office to cease authorizing such 

combination positions. The statutory autho rity fo r the combination position has 

been granted, but any appointments or designations of criers to serve in the dual 

capacity a re subject to th e ava ilability of funds.

The combination position of crier-law clerk will be classified in grade JSP-7 

which ranges in salary from $6,269 to $8,132 p er annum. In orde r to qualify 

for this position, the appointed individual must be a gra duate of a law school. 

The difference between the base salary of JSP-5 ($5,181) and the base salary 

of JS P-7 ($6,269) or $1,088 will be deemed the compensation of a law clerk for 

the purpose of applying the limitations contained in the appropriation act to the 

aggregate salarie s of law clerks and secreta ries appointed by a dis trict judge. 

The present limitation is $18,803 per annum except in the case of a chief judge 

of each distric t court having five or more dis trict judges, in which case a limitation of $25,072 per annum is applicable.

The sum of $64,000 has been included for the conversion of 80 court crier positions to combination positions of crier-law clerk. The conversions a re estim ated 

to cost an average of $800 each, $746 for personnel compensation and $54 for 

the related Government contributions to the Retirement Fund and for group life 

insurance.

Within-grade salary advancements

All of the j>ersonnel provided for by this appropriation, with the exception 

of Clerks of Court, Court. Reporters. National Pa rk Commissioners and other 

officers and employees serving in ungraded positions at rat es fixed by t he Judicial Conference are subject to the promotional plan for judiciary personnel and 

will be gra nted step increases corresponding w ith those provided for by Title VII 

of th e Classification Act of 1949, as amended.

It is estim ated th at these within-grade salary advancements during fiscal 

year 1967 will cost $317,500 of which $297,000 represe nts increases in conqien- 

"sation and $20,500 rela ted benefits—Government contributions to the Civil Service Re tirem ent Fund and for group life insurance. The estima te is net of anticipate d savings due to turnov er of personnel and the filling of vacancies at lower 

rates of pay. The re are 3.547 “grad ed” positions currently authorize d for the 

Jud iciary under this appropriation . It is e stimated th at 1,018, or approximate ly 

29 percent, of these employees will receive within-grade salary advan cements 

during 1967. The estimate for 1967 is somew hat lower tha n the estimate for 

1966 for the reason th at a larger percentage of the employees will be in the
68

fou rth or higher step of the ir respective grades and consequently will be subject 

to longer waiting periods.

Mr. Rooney. Those pages ind ica te the requ est is in the amount 

$37,433,000, which would be an increase of $2,251,000 over th e a dju ste d 

approp ria tio n for th e c urrent fiscal year.

A list of increases requested, which may be used to w ork from, is to 

be found a t pages 68 an d 69.

ADDITIONAL POSITION S

Th is would entai l the addit ion of how ma ny positions to the pa yroll?

Mr. Sween ey. 248, sir.

Mr. Rooney. I f you, Mr. Sweeney, would dir ect yourself to page 

69 o f the j ustification s, the l ist o f items of increase. There are n o socalled savings o r decreases, the y are all pluses, righ t ?

Mr. Sween ey. Yes, sir.

Mr. R ooney. Brie fly ad dress yo ursel f to each of these.

INCREASES REQUESTED

Mr. Sweeney. Th ere are 11. Th e firs t is to tak e care of req uir ements under the Fe de ral Employ ees Sa lary Ac t of 1965. That is in 

the amoun t $340,000.

Mr. R ooney. Tha t is m andator y?

Mr. S weeney. Yes.

The second item is fo r nine addit ion al depu ty clerks for the cou rts 

of appeals.

Mr. Rooney. Before you develop th at fu rthe r, would you at this 

po int a nsw er th is que sti on : I Iow m any of the items in this lis t a t p age 

69 are repe ats fro m last ye ar’s requ est ?

Mr. Sween ey. On the circuit courts of appea ls there are seven, sir.

Mr. R ooney. Tha t is only on the firs t one ?

Mr. Sweeney. Yes, sir. On the oth ers there a re, as I recall, seven.

Mr. R ooney. H ow ma ny ad dit ion al de pu ty clerks fo r the circut 

cou rts o f appea ls were requ ested la st year ?

Mr. Sween ey. We asked fo r 15 and we go t 11, sir.

Mr. R ooney. An d now you w an t how many more ?

Mr. Sween ey. Nine, sir.

Mr. R ooney. W ith r eg ard to the a dd ition al law clerks fo r th e courts 

of appe als, how m any did you request la st y ea r ?

Mr. Sween ey. We requ ested the same num ber, Mr. Chairma n.

Mr. Rooney. Th irt y-three?

Mr. S weeney. Yes, sir.

Mr. Rooney. An d the y were denied by both H ouse s o f Congress ?

Mr. Sween ey. Yes, sir.

Mr. Rooney. As to stenographers fo r the cou rts of appeals, how 

ma ny did you request last year?

Mr. Sweeney. Th irt y-three, the same number.

Mr. R ooney. An d th ey were denied by the Congress ?

Mr. Sween ey. Yes.

Mr. Rooney. And messengers fo r the courts of appeals, how many 

were req uested las t year ?
69

Mr. Sweeney. Thirty-six.

Mr. R ooney. And now they are back here in this budget ?

Mr. Sweeney. Yes, sir.

Mr. Rooney. Item No. 7, wherein you request 60 additional probation officers, how many did you request last year ?

Mr. Sweeney. We asked for 90.

Mr. Rooney. And you were allowed how many ?

Judge McGuire. Thirty.

Mr. Rooney. And now you are back for the other 60, is that correct ?

Judge McGuire. Tha t is right.

Mr. Rooney. How about clerk-stenographers for probation officers, 

item No. 8 ? How many did you request last year ?

Mr. Sweeney. Sixty-eight.

Mr. Rooney. And how many were you allowed ?

Mr. Sweeney. Twenty-three, sir.

Mr. Rooney. And now you are back for 45, right ?

Mr. Sweeney. Yes, sir.

Mr. Rooney. In connection with item No. 6, 32 deputy clerks for the 

district courts, how many did you request last year ?

Mr. Sweeney. Twenty-five.

Mr. Rooney. And how many were you allowed ?

Mr. Sweeney. Twenty.

Mr. Rooney. And now you are back fo r 32 additional ?

Mr. Sweeney. Yes, sir.

Mr. Rooney. I s there anything else you want to say about this list 

at page 69, Mr. Sweeney ?

Mr. Sweeney. No, sir. I think the written justifications will serve, 

Mr. Chairman.

Mr. Rooney. Tha t makes good reading matter for somebody who 

does not know much about this thing.

WORKLOAD OF PROBATION OFFICERS

At page 92 of these justifications, Mr. Sweeney—by the way, I do 

not know why I pick on him. This should be directed to you, Mr. 

Olney. Is this all rig ht with you ?

Mr. Olney. Sure.

Mr. Rooney. At page 92 we find that in fiscal year 1965 there were 

fewer persons under supervision than in the previous year. Is tha t 

correct ?

Mr. Sweeney. Yes ; tha t is correct ?

Mr. Rooney. And in 1965 there were fewer presentence investigations than in 1964. Is tha t correct ?

Mr. Sweeney. Yes, sir.

Mr. Rooney. 24,897 compared to 26,098 the year before, right?

Mr. Sweeney. Yes, sir.

Mr. Rooney. And you have already gotten 30 more probation officers and 23 clerk-stenographers for probation officers additional in 

1966, the present fiscal year ?

Mr. Sweeney. Mr. Chairman, we have with us-----

Mr. Rooney. Answer that first.

Mr. Sweeney. Yes; that is correct.

Mr. Rooney. Now go ahead.
70

Mr. Sween ey. We have with us Mr. Merr ill Sm ith, Ch ief of the 

Pr ob ation Division, who might be able to answer in more detail and 

with more sense than I can because he is a professional in th is field.

Mr. Rooney. I t is pr etty ha rd to understand, when yo ur presen ­

tence investiga tions wen t down and you h ad fewer people un der su pervision and you received 30 mo re probati on officers a nd 23 more clerkste nographers fo r probation officers then you come along now and 

ask f or 60 more pro bat ion officers an d 45 more clerk-s ten ograp hers for 

probati on officers. Tha t is pretty ha rd to understand.

Ju dg e McGuire. I thi nk , Mr. Ch airma n, if I may be perm itte d to 

say this, it is routine in the D istri ct of Colum bia, in every case in w hich 

there is a sentence, to have a presentence investigation . I understand 

over the coun try th at figure is going up.

In addit ion to this, the ave rag e caseload per probation officer is 

91 or 92. Th e average from the stan dp oint of efficiency should be 75. 

One time we got it down to 83, bu t now it is over 90. Am I c orrect in 

that, Mr. Smi th ?

Mr. Smith. Tha t is correct. The caseload figure at the end of 1965 

was 91 pe r officer. On the basis of the tre nd over a 10-year period 

and the pro jection for the nex t year, 60 addit ion al positions would 

be required to reduce the caseload to 83, where it stood in 1959, w hich 

is the lowest i t has been.

Mr. Rooney. Can you tell us appro xim ate ly the numb er of people 

to be inv estiga ted who have alr ead y been inv estiga ted ? In oth er 

words, how many o f the people you inv estigate are rep eaters ?

Mr. Smit h. T hat would be a ra th er difficult question to answ er, sir.

Mr. Rooney. Can you give us an appro xim ation perc entagewise?

Mr. Smit h. I could only m ake a guess, sir.

Mr. Rooney. W ha t would be you r guess ?

Mr. Smith. Ofi t he to p o f my head I w ould say perhap s 50 perc ent.

Mr. Rooney. So th at is 50 perce nt th at you have alread y ha d an 

inv estiga tion on ?

Mr. Smit h. Fif ty perc ent who have been th roug h the co urts a t some 

time previous.

Mr. Rooney. An d you have had an inv estiga tion on ?

Mr. Smith. Yes, sir.

I f I may add, Mr. Chairma n, there might be a lar ge proport ion of 

the 50 perc ent th at have been inves tigated perha ps several year s earlier . 

In any event, when an ind ivi du al comes before t he co urt fo r sentence 

the co urt needs a c urr ent sta tem ent of w ha t has tran spire d.

Mr. Rooney. In the interim. Bu t you hav e alread y ha d the bulk 

of your inv estiga tion done from the previous tim e this rep eater was 

before the co urt, and except in an unu sual case where you wou ld have 

reas on to believe ther e was some error in the original investigation, you 

would n ot have to go back into the b ack gro und fu rth er, would you ?

Mr. Smit h. Wh en I said 50 perce nt I had in min d the number of 

persons who come into court who have been in the courts before. I was 

not spe aking specifically of those who come into the Federal courts 

who have been investigated by the Federal prob ation service.

Air. R ooney. We had a m isu nders tan din g. I was t ry in g to find o ut 

how ma ny of the people th at you ge t probationwise, fo r eit he r presentence inv estiga tions or repo rts as to supervi sion , are rep eaters in 

the Fe deral probatio n system.
71

Mr. Smith. I did not und ers tan d you r question.

Mr. Rooney. Tha t is fa ir enough. Wh en I say th at is fa ir enough 

1 mean I appre cia te t hat that could rea dily ha ppen.

Mr. Smith. Ag ain I wou ld have to guess, bu t the figure would be 

lower.

Mr. Rooney. W ha t wo uld you say it wou ld be ?

Mr. Smith. I w ould sa y not more tha n 20 percent at the outside.

Mr. Rooney. That is still a sub sta nti al amount.

Mr. Smith. Yes; it is.

Mr. Rooney. In o the r words, one o ut of five has been in the F ed era l 

court and inv estiga ted ?

Mr. Smith. Or perh aps in a nothe r Fede ral court.

Mr. Rooney. These probation officers cover the whole country ?

Mr. Smith. Yes.

Air. Rooney. Wh en we ta lk abo ut the prob ati on officers and the 

clerk-ste nogra phers we are talk ing abo ut the country generally and 

not an y specific place, ri gh t?

Mr. Smith. Tha t is correct.

CONVERSIO N OF COURT CRIER POSITION S TO COMB INA TIO N CRIER-L AW CLE RK 

POSITIONS

Mr. Rooney. W ha t is this item No. 10 at page 69 ?

Mr. Sweeney. Th is is th e establishm ent of crier-law clerk p ositions. 

Th is was establ ished by Ihib lic Law 89-281 appro ved Oct ober 21, 

1965, which autho rized th e ap point me nt of crier-law clerks by U.S . 

di strict judges.

Mr. Rooney. Did th at bill amoun t to a gim mick for a salar y in ­

crease ?

Air. Sween ey. AVhat is pro vid ed for , as I un de rst an d it, is a pos itio n which wou ld combine the tra di tio na l position of cri er wi th th at 

of law clerk, which wou ld pe rm it the judge to have a com bination 

job.

Air. Rooney. But all this means a raise in salary, does it not ?

Air. Sween ey. It wou ld mean those judges who appo int crier-law 

clerks wou ld be able to go up to grade 7.

Afr. Rooney. Th e fellow who was the ha t and cloak ma n will not 

look into lawbooks?

Ju dg e AIcGuire. Alay I say we do not have any such in t he D istri ct 

of Colu mbia.

Air. Sweeney. There is $1,088 difference in salaries.

Mr. Rooney. That is not a bad increase when you conside r each 

of the years Fe de ral em ployees have gotten a pay ra ise these employees 

also received an increase, and this is in addit ion to those pay raises, 

is it not?

Air. Sween ey. Yes, sir.

Afr. Rooney. Are there any questions, gen tlem an, with rega rd to 

the item s on page 69 ?

(No response.)
F ees and E xpenses of Court-Appointed Counsel

Object classification

[In th ou sa nd s of dollars]

1965 actua l 1966 est im ate 1967 esti ma te

Pe rso nnel com pensa tion:

11.4 Special p ersonal services pay men ts:

Fees of court-a ppoin ted counsel__________________ 1,750

420

3,500 

840 Fees of witnesses, e xperts, an d m en ta l ex am inati on s.

To ta l pers onnel com pen sa tion_________________ 2,170

100

100

300

200

130

4,340

200

100

600

400

1,400

21.0 Tr av el and tr an sp or ta tio n of per so ns ._______ _________

25.1 Other services, tran sc ri pts .. . ’____________________ ___

In v e sti g a ti v e.______ __________ _____ _ . .

Se cretarial__ ______________________________

92.0 Und is trib ut ed (reserve for c ontingencies )_____________

99.0 Tota l obligations____ _____________ _____ ________ 3,000 7,040

Program and financing

[In th ou sand s of dollars]

1965 a ctua l 1966 estim ate 1967 estim ate

Program b y act ivities:

10 Fees a nd expenses (ob ligations)________________ _____ 3,000

3,000

7,040

7,040

Financing :

40 Ne w obligational au th or ity (a pp ro pr iatio n) ______ ____ _

Re lat ion of obligations to expendit ure s:

71 To tal obliga tions (affecting e xpen dit ure s) ..____________

72 Obliga ted balance, st ar t of yea r______ ____ ________ 3,000 7,040 

580

-5 80 74 Obligate d balanc e, en d of yea r________________________ -5 80

90 Ex pe nd itu res__________________ _____ ____________ 2,420 7,040

Mr. Rooney. Th e th ird item is entitled “Fees and Expen ses of 

Co urt-A ppoin ted Counsel,” and is to be fou nd begin nin g at page 98 

of the justifi cation book. We shall ins ert at this po int in th e record 

pages 98 throug h 104.

(The pag es follow:)

Statement relating appropr iation estimate to current appropriation

Fees a nd expenses of court-ap po inted counsel:

1966 ap prop ria tio n in an nu al a ct....................................................................................................... . $3,000,000

N et difference, 1967 over 1966:

Re qu ire men ts Difference, 

increase(-t-) 

or de1966 appro­ crease (—)

pr iatio n

1967

es tim ate

$3,000,000 $7,040,000 + $4,040,000

To ta l e sti mate for 1967............................... .......... . .......... ................................ . ............................. 7,040, 000
73

Analysis by object

11

21

25

92

Per so nnel c om pen sa tion :

Fee s of court -a ppoin te d co un se l------------------------ --------

Fee s of w itn es se s, ex pe rts, an d m en ta l e x a m in ati o n s..

T ra v el an d tr an sp o rt ati o n o f p er so ns -------------------------------

O th er s ervic es:

T ra n scri p ts _________________________________________

In v esti g ati v e_______________________________________

S ec re ta ri al__________________________________________

U n d is tr ib u te d (res er ve for co nt in ge nci es )---------------- --------

T o ta l obligat io ns___________ ____________ ____ ________

1966 est im at e 1967 es ti m at e

$1,750.000 

420,000 

100,000

$3, 500, 000 

840, 000 

200,000

100,000 

300,000 

200.000 

130,000

100, 000 

600, 000 

400, 000

1,400, 000

3,0 00, 000 7, 040, 000

In cr ea se o r 

de crea se (—)

$1,750 ,00 0 

420, 000 

100,000

300, 000 

200,000 

1, 270,000

4,040, 000

Summary of requirements for 1967

Nature of expense: Am oun t

1. Anticipated additional requirements to cover the full-year 

cost of implementing the Criminal Justice Act of 1964.

The requested increase constitutes a restoration of the

sum by which the original estimate for 1966 was reduced. $4, 040, 000

Increase, 1967 over 1966--------------------------------------- * 1 4, 040, 000

1

 Excl usi ve of $389,500 in clu ded u n d e r th e hea din g “ Sal ar ie s a n d ex pe ns es , A d m in is tr ati v e Offic e of th e 

U .S . C o u rt s” fo r a d m in is tr a ti o n of th e a ct a t th e c ir cu it le vel .

Objectives

Fund s appropriated under this heading are for the purpose of implementing 

the Criminal Justice Act of 1964, Public Law 88-455, approved August 20, 1964, 

(62 Stat. 684). The Act, subject to certain limitations, perm its the payment of 

compensation to counsel appointed to represen t persons accused of crime in the 

United States Courts “who are financially unable to obtain an adeq uate defense.” The Act also authorizes the reimbursement of out-of-pocket expenses 

incu rred by the attorneys and payment for investigative, expert or other 

services necessary to an adequ ate defense.

General justification

On August 20, 1965, the plans, previously adopted in each circuit and dis tric t 

in accordance with the provisions of the Criminal Justice Act of 1964, went into 

effect. Historically this occasion m arks the culmination of many years of effort 

by the Federal Judiciary, the Department of Justice, and the legal profession 

generally to develop a system for providing assistance to those persons accused 

of crime in the United States courts who are unable to obtain an adequate defense. The Jud icia l Conference of the United States first recommended such 

legislation as long ago as 1938.

Although the final enactment of the appropriations bill was delayed, the 

Comptroller General, in a form al ruling, indicated th at his office would honor 

vouchers for services performed or expenses incurre d on and after August 20, 

1965, as provided in the Criminal Justice Act. Accordingly, the Adm inistrativ e 

Office formally announced on August 19 t ha t attorneys appointed on and after 

August 20 could be compensated for the ir services and reimbursed for expenses 

incurre d on and after that date. Similarly, vouchers for investigative, expert, 

and other services performed on and after August 20 will be approved.

Pu rsu ant to the provisions of the Criminal Justice Act, plans adopted by the 

district courts and approved by the jud icial councils of the circu its (together with 

supplemental plans covering represen tation on appeal) have been filed in the 

Adm inistrative Office. Necessary appointment, voucher and a uthorization forms 

and instruction s for use in the adm inistration of the cen tral disbursing system, 

as recommended by the Committee on the Im plementation of the Criminal Justice 

Act and approved by the Jud icia l Conference, were distrib uted in advance and 

were available to each court on August 20.

Detailed justification

The estimate for the fees and expenses of court-appointed counsel for the 

fiscal ye ar 1966 was $7,040,000. The a ppropriation bill as approved by the House 

included only $3,500,000. In the absence of any actual experience as to the fi-
74

nan ci al im pa ct of th e legi slatio n, no ap pe al fo r re st ora ti on w as m ad e to the 

Se na te. The Sen at e in it s co ns id er at io n of th e bill ap pr ov ed on ly $3,000,000. 

In it s re port ac co mpa ny ing th e hill it in clud ed th e st at em en t th a t th e le ss er 

am ou nt w as “con side re d sufficie nt to mee t th e co sts of antici pat ed ex pe ns es 

duri ng it s fi rs t year of op er at io n. ” Hou se co nf eree s rec ed ed to th e am en dm en t 

by th e Se na te.

As of th e dat e of th e subm iss ion of th e 1907 bu dg et es tim at es to th e B ur ea u 

of th e B ud ge t th e pl an s under th e Crim in al Ju sti ce Act had be en in op er at io n 

fo r less than t wo mon th s an d, th er ef or e, th er e w as no so un d ba sis fo r a dep art ure 

from th e ori gin al es tim ate, eit her upw ar d or do wnw ard. Th e re ques t fo r an 

ad dit io nal $4,940,000 fo r fiscal yea r 1967 in effect co ns titu te s a re qu es t fo r th e 

re st ora ti on of th e sum denied in 1966. If p ri o r to th e co ng ressiona l hea ring s 

ex pe rien ce sh ou ld de m on st ra te th a t th e actu al re qu irem en ts unde r th e Crim in al 

Ju sti ce Act will fa ll sh ort of th e es tim at e or th a t ad ditio nal fu nds will be 

re qu ired , a re co mmen da tio n fo r adju st m ent of th e re qu es t will be mad e a t th a t 

tim e.

F o r a de ta iled de sc ript io n of th e as su m pt io ns an d fo rm ul as us ed in th e de ­

ve lopm en t of th e or ig in al es tim at e of $7,040,000 re fe re nc e is mad e to th e w ri tt en 

Ju st if ic at io ns su bm itte d to th e A ppr op riat io ns Com mittee s of th e Congres s. 

The se Ju st if ic at io ns an d te stim on y in su pport of th e es tim at e are co nt ai ne d 

in th e re co rd of th e hea ring s be fo re th e Hou se A pp ro pr ia tio ns Su bc om mittee on 

th e Ju dic ia ry A pp ro pr ia tio n Bill fo r 1966.

Mr. Rooney. These page s ind ica te th at the requ est mentio ned previously is in the am ount $7,040,000, which would be an increase of 

$4,040,000 over the ap prop ria tio n for the cu rre nt fiscal year. Th is 

requ ested amount is exactly the same as the request las t year, is it?

Mr. Sween ey. Yes, sir.

Mr. Rooney. Th is item was fa irly well exp lan ine d in the colloquy 

earlier on the subject of court-appoin ted counsel. Are t here any questions a t th is p oint ?

Mr. J oelson. 1 was not here e arlie r and I would like to ask a question or two tha t m ay have been asked before.

AP PO IN TM EN T PROCESS

How is this system of court-a pp ointe d counsel working ou t generally?

Ju dg e McGuire. When you ask th at question. Mr. Congressman, 

I can o nly add ress my self to the experience in th e D ist ric t of Columbia.

As I tol d the c hairm an and mem bers of the com mittee a while ago 

in your absence, we have 553 appointme nts in the Distri ct court up 

to now. That is the middle of Ja nu ar y of this ye ar ; 103 or 104 

appointme nts are mad e by the U.S. Com missioner and 106 ap po intmen ts made by the court of appeals.

As fa r as the Dist ric t of Columbia is concerned, there has been a 

grea t deal of activ ity in th at respect. Th en I addressed myself also 

to the necessity of the o ther item involve d here, $389,000, su pervision 

of the paym ent; otherwise, as I said a mom ent ago, you are going 

to th row good money af te r bad.

Mr. J oelson. These counsel th at are app oin ted , do the y request to 

be appointed or do you tak e them fro m the list of the practic ing at ­

torneys on assigned cases ?

Ju dg e McGuire. Again , I can only add ress myself to the Di str ict 

of Colu mbia. Ea ch cir cuit has a plan th at un der the sta tu te had to 

be c ontriv ed and implemente d. Our p lan in the Di str ict of Colum bia 

from the s tand po int o f the D istri ct c ou rt is th is: We have a gro up of 

volun teer counsel who have been gone over, sifted throug h the court
75

and regarded as competent. They are on the panel and the No. 1 

group, so to speak, the most serious cases—because we have murder 

in the District of Columbia and other serious felonies—then we go 

down the line and we have the legal aid agency in the District of 

Columbia. Tha t is a second grouping and then we have the Georgetown law interns in the thir d grouping. We devote ourselves primarily to the first grouping.

Mr. J oelson. Would I be right in saying tha t a t least so far as the 

District of Columbia is concerned, there is no such thing any more 

as a lawyer being assigned who does not volunteer ?

Judg e McGuire. Tha t is right. I will say this, we have named 

lawyers who have volunteered and then asked for the names to be 

taken off the panel.

Mr. Rooney. You might repeat that example th at you gave.

Judge McGuire. I gave an example of a situation where a matter 

came up before me in a motion to dismiss an indictment. The indictment was dismissed. The Government dismissed it. When the 

voucher came in? fiscal aspect of the matter, the lawyer said he spent 

40 hours in the library on a dismissal of the indictment. When I got 

it I was curious as to how tha t time was utilized so I went back for 

an explanation. He erased 40 and put in 5.

Mr. J oelson. The reason I ask this question-----

Mr. Rooney. Wait until you hear that.

Judge McGuire. Then I struck his name from the list of attorneys 

so he would never be appointed again. I want to go off the record 

now.

(Fu rther remarks off the record.)

1 9 6 6 APP RO PR IA TI ON

Mr. R ooney. Let me see if I can summarize this thing. Last year 

we must have been in an unusually expansive mood when it came to 

the taxpayers’ money because we listened to the highly convincing 

testimony of Judge Campbell, Judge McGuire, and I think Judge 

Weinman, and everybody else.

Did we not have a judge from the circuit court?

Mr. Olney. Judge Johnson.

Mr. Rooney. He made a pretty thoroughgoing case. They convinced us, Mr. Joelson, to the extent of $3.5 million and the bill went 

to the other body and the committee in the other body reduced it to 

$3 million. They have my compliments for doing so because it turns 

out th at here we are at this point in the fiscal year; as of December 

31 they have expended $70,838.29.

There is the history and here is a request for $7,040,000. We gave 

them $3,500,000 and we agreed in conference on three. There is no 

telling, it might become $20 million in a couple of years.

Judge McGuire. That is right.

CO M PE TEN T CO UNS EL

Mr. J oelson. The reason I follow this line of questioning, it seems 

to me although the purpose of it was to provide the defendant with 

more competent counsel, since he is not getting assigned counsel from
76

a general list, lie may not be getting as good counsel as he got before.

Judge McGuire. I take that back if you drew tha t inference, the 

panel that we have is a panel th at has been gone over by the judges 

in the District court. This particular lawyer from the standpoint of 

my knowledge of him was reputable in the circumstances. But that 

particula r situation caused me to raise an eyebrow and he was stricken.

Mr. J oelson. I do not doubt tha t they are reputable but you only 

get those tha t volunteer for pay. I was a prosecutor and I found out 

tha t a man who got an assigned case, even if he was not a practitioner 

in criminal law, usually gave it his very, very best effort. I am a little 

dubious about the man who gets himself on the list to get this minimal 

fee, how dedicated will he be ?

Judge McGuire. You are raising the question raised initially; 

whether or not actually the whole scheme is devised as someone said 

for the relief of impoverished lawyers. In the District of Columbia 

we get able lawyers. Only the other day I had two young men from 

two of the biggest firms in the city, so we could have a hard core of 

extraordinarily able lawyers. Every once in a while you get a 

maverick.

The only answer to the business, is the proof of the pudding is in 

the eating. We don’t know. We didn't ask for this legislation in the 

first place.

Mr. Rooney. I would say they are getting w’ell represented.

Mr. J oelson. Thank you.

Mr. Rooney. Mr. Cederberg ?

PROJE CTI ON OF EX PE NDIT URES

Mr. Cederberg. How much of this $70,000 that was expended so fa r 

is from the District court ?

Judge McGuire. I would say, from what I know, most of it.

Mr. Sweeney. The great majority of it, Mr. Cederberg. There have 

been very few cases on appeal tha t we have received vouchers for.

Mr. Cederberg. The great majority of the $70,000 comes right from 

the District court.

Judge McGuire. Up to now. The cases take their position, trial, 

preliminary action before trial, appeal, and then you get in the long 

run later on.

Mr. Cederberg. This is what disturbs me. We have only spent 

$70,000 on this so far. If this represents really just a beginning in 

the District court, if we look down the road to see what will happen 

in other courts after they have had a little opportunity to find out what 

your experience has been, this could become very expensive.

Judge McGuire. Our experience is a little bit different from theirs 

because we are actually a bastard court. I use that word in the good 

sense. We are out of the ordinary. We are an anomaly. We have 

the same jurisdiction that the courts in Michigan would; namely, the 

State jurisdiction and Federal jurisdiction. We are also a probate 

court, too. I would hope t hat in the near future some of the bills 

presently pending in the Congress, when the jurisdiction of the court of 

general sessions is enlarged and they get more judges, which they need, 

some of our jurisdiction will be taken away in local matters.

Mr. Cederberg. The majority of this is in the criminal area?

Judge McGuire. That is right.
77

Mr. Cedekberg. So we can foresee then a great deal coming in from 

the larger metropolitan areas and throughout the entire country?

Judge McGuire. Tha t is right.

Mr. Cederberg. If we spend $70,000 up until now in the District of 

Columbia, what is your projection of what you will spend in the next 

fiscal year in the District of Columbia court from the experience that 

you have had up to now ?

Judge McGuire. On the basis of 553 cases of appointments in the 

District court, allowing—this is very low—$100 for each case, tha t 

gives you the picture. It gives you a faint picture but a picture.

Mr. Cederberg. Which indicates to me we have not seen the end of 

this yet ?

Judge McGuire. I wouldn’t say that you have.

Mr. J oelson. I think it would be interesting to look at the record of 

debate when this was first authorized and see what the estimates of the 

Judiciary Committee were.

Mr. Cederberg. We have that.

Mr. Rooney. We have a pretty good record here now, gentlemen. 

Do not spoil it. We are in good shape.

Judge McGuire. That is a double entendre.

Mr. Cederberg. Off the record.

(Discussion off the record.)

Mr. Rooney. We can do something about tha t with regard to the 

money. We have never permitted the item for psychiatrists, specialized witnesses, expert witnesses, and so forth, to go ra mpart, because 

we control the money. We can do the same thing here, I think.

Mr. Cederberg. I am all for it.

Fees op J urors and Commissioners

Object classification

[In thou sands of dollars]

11.3

11.4

12.0

21.0

25.1

99.0

Personnel compensation:

Positions other t han permanent: Voting referee....... .

Special personal service paym ents:

Fees of U.S. commissioners.........................................

Fees of jury commissioners—.....................................

Fees of juro rs.... ........- ..................— ........................

Total personnel compensation________________

Personnel benefits............. ........... ...... .........................---•

Travel and transporta tion of persons (jurors)-------------

Other services (meals and lodging furnished sequestered

ju ro rs).. —......... —........- ........- ................... ...................

Total o bligat ion s.. .....................................................

1965 1966 1967

actu al estim ate estimate

9

919 950 950

12 12 12

2,898 3,100 4,430

3,838 4,062 5,392

44 50 50

1,690 1,805 1,875

83 83 83

5,654 6,000 7,400
Program and financing

[I n t h o u sa n d s of dollars]

1965

ac tu al

1966 1967

est im ate es tim at e

10

25

40

71

72 

74 

77

00

P ro gra m b y a ct iv itie s:

1. G ra n d j u r i e s ............ ............................................ ..

2. P e ti t ju ri es.................................................................

3. U .S . co m m is si oner s.................................. .............

4. V ot in g ref er ee s.......................... . .............................

T o ta l o b li g ati o n s.. ............................. .................

F in an ci ng :

U nobligate d b al an ce lap si n g ....................................

N ew o bl ig at io nal a u th o rit y (a ppro pri ation)

R el at io n of ob liga tions to ex penditure s:

T o ta l ob liga tion s (affec tin g ex p en d it u re s)...........

O bligat ed ba la nc e, s ta rt of y ea r..............................

O bligat ed b al an ce , en d o f y ea r................................

A d ju stm en ts in e xp ir ed a cco unts ............................

E x p e n d it u re s..................................................... ..

656 

4,027

962

9

5,654 

96

6,750

5,654

463

-4 44

13

5,686

700

4,300

1,000

6,00 0

6,00 0

6,000

444

-4 6 5

5,979

900

5,50 0

1,000

7,400

7,4 00

7,400 

465

-5 8 0

7,28 5

Mr. Rooney. Th e fo ur th item un de r courts of app eals, distr ict 

courts, and oth er judicial services is en titled “F ees of Ju ro rs and C ommissioners,” and is to be found begin nin g at page 105 of t he justificatio n 

book. We shall ins ert at th is point pages 105 throug h 113 of these 

justifications in the record.

(The justificatio ns follow:)

Statement relating appropriation estimate to current appropriation

Fee s of juro rs a n d c om m ission er s, U .S . co ur ts :

1966 a ppro p ri ati o n in a nnual a c t.................................................................................................. ............. $6,000, 000

N et differen ce , 1967 o ver 1966:

R equir em en ts Diff er en ce 

incr ea se 

(+ ) or d e1966 crea se (—)

ap p ro p ri ati on

1967

es ti m at e

J u ry c o sts _________ . . . . $5,0 00, 000 

1,000,000

$6, 400,000 

1,000,000

+$1 ,400 ,000 C om m is si oner s’ fee an d re la te d ben efits ______

G ro ss r eq u ir em en ts ______________ . . .

T o ta l e sti m ate for 1967.................... ............................................................................................. ............. 7,400, 000

Analysis by object

1966

es ti m at e

1967

es ti m at e

In cr ea se or 

de crea se (—)

11 Per so nnel c om pen sa tion :

Fee s of U .S . co m m is si on er s______ _________________ $950, 000 

12 ,0C0 

3,10 0, 000 

50,000 

1,805 , 000 

83,0 00

$950,000 

12, roo 

4,43 0, OCO 

50,000 

1,875, 000 

83,0 00

F es s of j u ry c om m is si on er s_____________ ___________

Fe es of ju ro rs _____ ____ _________ . $1,330, OCO 12 Per so nne l ben efi ts ___________ __________________________

21 T ra v el an d tr an sp o rt ati o n of pe rs on s (j uro rs )_____________

25 O th er se rv ices (m ea ls a n d lodg ing fu rn is hed j u ro rs )______

T o ta l o b li g ati o n s. ._________ ______ _________________

70, OCO

6,0 00,00 0 7,400,000 1,400, 000
79

Summary of increased requirements for 1967

Nature of expense (or savings): Amo unt

1. To cover sta tutory increases in the attendance fee and subsistence allowance of jurors__________________________ $1, 400, 000

Increase, 1967 over 1966__________________________ 1, 400, 000

JU ST IF IC AT IO N

Lanyuage changes

In view of the provisions of the Civil Righ ts Act of 1965 establishing Federal 

Voting Registra rs, it is recommended that reference to the payment of the compensation of voting referees under the Civil Rig hts Act of 1960 be deleted from 

the text of this appropriation. The language to be omitted is indicated below by 

brac ke ts:

“For fees, expenses, and costs of ju ror s ; compensation of jufy commissioners ; 

fees of United States commissioners and oth er committing magistrates actin g 

under title 18, United States Code, section 3041; [and compensation of voting 

referees fixed by the cou rt pursua nt to the provisions of the Civil Righ ts Act of 

IfifiO (74 Stat. 86) ;] $--------------.”

Objectives

This appropriation is for fees, expenses, and costs of ju ro rs ; compensation of 

jury commissioners; and fees of United States Commissioners, including related 

Government contributions to the Civil Service Retirem ent Fund and matching 

taxes under the Federal Insu ranc e Contributions Act, as amended. For basic 

sta tutory authorities, reference is made to Section “L” of the Digest of Appropriations, The Judiciary, on file with the B ureau of th e Budget and the Appropriations 

Committees of th e Congress.

General justification

The amount of service and the compensation of jurors depends largely on the 

number of jury tri als requested by the parties to civil and criminal cases in the 

courts. The earn ings of commissioners are directly rela ted to the volume of 

cases presented by Fed eral Law enforcement officials. The following table shows 

the trend in the gran d and petit jur y costs and th e fees of U.S. commissioners during the pa st ten years, and th e estimates fo r 1966 and 1967 :

Fi sc al y ea r

Ju ry co sts P er ce nt 

incr ea se o r 

de crea se

U .S . co m ­

mission er s

P er ce nt 

in cr ea se o r 

de crea se

G ra nd P eti t T ota l

1956 $552, 370 $3,177, 444 $3,729 ,814 $590, 519

1957 ............ ........... 600,812 3^ 128' 938 3, 729' 750 0 617,108 + 4 .5

1958................... ....... 576,' 279 3.62 2, 786 1 4.199 . 065 + 1 2 .6 2

 783.169 + 2 6 .9

1959_____________ 653, 673 3, 556, 570 4.210, 243 +■ 3 791,902 + 1 .1

1960 . 583, 440 3,31 0, 711 3,89 4,15 1 - 7 . 5 802,636 + 1 .4

1961_____________ 566.975 3, 200.999 3, 767,974 - 3 .2 830,976 + 3 .5

1962 _ 757,355 3,5 00, 750 4,258,105 + 1 3 .0 841,767 + 1 .3

1963_____________ 704. 012 3’ 796, 587 4, 500, 599 + 5 .7 908 175 + 7 .9

1964 665, 164 3’ 903 .184 4, 568,348 + 1 .5 922,905 + 1 .6

1965 656. 072 4, 027,401 4. 683, 473 + 2 .5 962, 000 + 4 .2

1966 ( esti m ate )__ 865 000 5,300 , 000 3

 6 ,165.000 + 3 1 .6 1, 000, 000 + 4 .0

1967 ( e s ti m a te ).- . 900,000 5, 500, 000 3

 6, 400, 000 + 3 .8 1,00 0, 000 0

1

 In cr ea se due pri m ar ily to sta tu to ry increase in fees o f ju ro rs effec tiv e Sep t. 7, 1957.

2

In cr ea se d ue pri m ar il y t o sta tu to ry i nc reas e in fees o f com m ission er s effe ct iv e Sep t. 2,1 957.

3

 I nc re as e due pri m ar il y to sta tu to ry in crea se in th e at te n d an ce fee an d su bs is te nce al lo w an ce of ju ro rs 

from $7 t o $10 eff ec tiv e Sep t. 2,1985 .

The increase in petit jury costs during the past fou r years is due prim arily 

to the activities of the additional district judges appointed pursua nt to the 

omnibus judgeship legislation of 1961. The number of jury tri al days has 

increased 16.5 percent, from 13,080 in 1961 to 15,237 in 1965. The increases 

projected for fiscal years 1966 and 1967 are based on the higher attenda nce fee 

and subsistence allowance authorized by Public Law 89-165, approved September 2,1965.

Fees and allowances of grand jur ors declined for the third yea r in succession. 

However, the gran d jury costs in 1965 were $89,000 more tha n in 1961. The
80

increases anticipa ted for 1966 and 1967 are rela ted solely to the statutory 

increases in the attendance fee and subsistence allowance of jurors.

The earnings of the commissioners, of course, are uncontrollable in that they 

are direc tly rela ted to the volume of cases presented by law-enforcement 

officials. The fees and rela ted benefits of U.S. commissioners in 1965 were 

$39,000 more t han in th e previous year, an incre ase of 4.2 percent. This increase 

is partia lly due to increased benefit payments. The Act of August 31, 1964, 

brou ght United States commissioners within the purview of the Federal Employees’ Health Benefits Act of 1959 and the Federal Employees’ Group Life 

Insura nce Act of 1954. The upw ard tren d in the fees of commissioners is 

expected to continue through fiscal yea r 1966. Also, benefit payments in 1966 

are expected to be higher due to an increase in taxes under the Federal Ins urance Contributions Act, as amended, which are scheduled to take effect on 

Janu ary 1,1966.

Detailed ju stificatio n

The sum of $1,400,000 is included to cover increases in the attendance fee and 

subsistence allowance of j uro rs from $7 to $10 authorize d by the act of September 2, 1965, Public Law 89-165. The amount requested represen ts a net increase 

of 28 percent over the amount presently available for fees and allowances of 

both gran d and petit juro rs. The estimate takes into account a small savings 

anticipated by reason of a limitation placed on interim mileage payments. The 

increases a re calculated as follow s:

P re sen tl y

av ai la bl e

In cr ea se

1967

es ti m at e

Per ce nt ag e A m ount

A tt endance fee s____ _ __________________ $3,100 ,000 

210, 000 

1,590, 000 

5,000 

83,0 00 

12,00 0

42.9

42 .9

- 1 .3

$1,330 ,000 

90,000 

-2 0,0 00

$4,4 30,0 00 

300,000 

1,57 0,00 0 

5,000 

83,000 

12,000

Subs is te nc e allo w an ce s_______________

M ile ag e___________________ ___________ .

T ra n sp o rt ati o n fu rn is he d ju ri es o f v ie w _______

Meal s an d lodg in g fu rn is he d se qu es te re d ju ro rs . 

Fee s of j u ry c om m is si on er s...... . ..............................

T o ta l j u ry c os ts ____ - _______ _____ _____ 5,0 00, 000 28.0 1, 400,000 6,400,00 0

A supplemental appropriation for 1966 in the amount of $1,165,000 is proposed 

for separate transm itta l. The estimate represen ts a 10-month provision or 

five-sixths of the total annual cost of the increases which went into effect on 

September 2, 1965.

Mr. R ooney. Th e j ustificatio ns ind icate the request is in the am oun t 

$7.4 m illion, which would be an increase of $1.4 m illion over t he ap ­

pr op ria tio n fo r thes e fees in the cu rre nt fiscal yea r.

COMPARISON OF 19 66 AND 19 6 5 OBLIGATIONS

W ha t hav e been th e obligatio ns for the firs t 6 months of 1966 as 

com par ed w ith 1965 fiscal yea r ?

Mr. Anderson. Th e answer to th at is du rin g fiscal year 1966 

throug h December 31 we hav e pa id ju ro rs $2,413,248. For the 6- 

mo nth period of the p revious fiscal y ear, th e figure is $1,873,646. Tha t 

ind icates a sub sta nti al increase b ut th e increase is due to the f ac t th at 

th e attendan ce fees and subsis tence fees of juror s have been increased.

Mr. Rooney. I s this ve ry sub sta nti al increase due en tire ly to P ublic 

La w 89-165 which increased these paym ents ?

Mr. Anderson. I would s ay alm ost enti rel y because t he fee bill, act 

of Congress, increased the fees about 28 percen t and this ind icates a 

28-perc ent inc rease he re altho ug h it was no t in effect the first m onth or 

so of th e year. I t is alm ost entirely du e to th e act.
81

Mr. Rooney. The bulk of it is in connection with the increase in 

fees for jurors, is it?

Mr. Anderson. Yes, sir, entirely.

LANG UAGE CHANGE

Mr. Rooney. My attention is called to the fact tha t you propose to 

strike out the following language at page 389 of the committee prin t:

* * * and compensation of voting referees fixed by the court pursu ant to the 

provisions of the Civil Rights Act of 1960 ( 74 Stat. 86) ; $6 million.

What is the reason for this proposal ?

Mr. Sweeney. The reason for this, sir, is tha t the Civil Rights Act 

which establishes Federal voting registrars apparently eliminates the 

need for voting referees entirely. I might add tha t since the Civil 

Rights Act of 1960, there was only one voting referee appointed.

Travel and Miscellaneous Expenses

Object classification

[I n t h o u san d s o f dollar s]

D ir ec t ob liga tion s:

21 .0 T ra v el a n d t ra n sp o rt ati o n of pe rson s.

22 .0 T ra n sp o rt ati o n o f t il in gs____________

23 .0 R en t, c om m unic at io ns, an d u ti li ti e s .

24 .0 P ri n ti n g a n d r ep ro d u cti o n ____ _____

25.1 O th er ser vic es ______________________

T ra n sc ri p ts o rd er ed by c o u rt ...............

26 .0 Sup pl ie s an d m ate ri als _____________

31 .0 E q u ip m en t, g en er al off ice__________

Law bo ok s, acc es si on s_________ _____

Law bo ok s, c o n ti n u ati o n s___________

T o ta l dir ect o bli gat io ns_______

R eim b u rs ab le obligat io ns :

24 .0 P ri n ti n g a n d r ep ro d u cti o n _________

26 .0 Sup pl ie s an d m ate ri als _____________

31 .0 E q u ip m en t (law books) _____ ____ —.

T o ta l r eim burs able o bligat io ns..........

99 .0 T o ta l o bligat io ns- ........................... .

1965

ac tu al

1966

est im ate

1967

esti m ate

1.83 5 1,910 1,965

16 25 27

986 1,185 1,449

277 305 315

62 65 73

168 100 110

275 270 315

139 130 296

149 150 150

778 770 870

4,685 4.910 5,57 0

1

1 1 1

3 3 3

5 4 4

4,6 90 4,914 5, 574
82

Program and financing

[In thou sa nd s of dollars]

Pr og ram b y activ itie s:

Tr av el and miscellane ous expense s:

Dire ct pr og ra m ........ ............................... ..............................

Reimbu rsab le pro gr am ........ .............................. . .................

10 Tota l obligations ............... .......... .......................................

Fina nc ing:

11 Re ce ipts an d re im bu rsem en ts fro m: A dm inistra tiv e bu dg ­

et ac co un ts_____ __ ______ _______________________ _

25 Uno bligated ba lan ce la ps in g_____________ ____ ________

40 Ne w obligational auth ority (app ro pr iatio n) ..................

Relati on of obligations to ex penditu res :

10 Tot al ob lig ations ..................................... ................... ................

70 Re ce ipts an d othe r offsets (items 11-17)......... ............ . ........

71 Ob ligations affecting ex pe nd itu re s............ . .....................

72 Obligated bala nce , s ta rt of y ea r............................................

74 Obligated bala nce , end of ye ar ___ ____ ________________

77 Adj us tm en ts in expired ac co un ts. . _______ ____________

90 Ex pe nd itu re s___________________________ _____ _

1965

ac tual

1966

est im ate

1967

estim ate

4,685 4,910 5,570

5 4 4

4,690 4,914 5,574

- 5

25

- 4 - 4

4,710 4,910 5,570

4, 690 4,914 5,574

—5 - 4 - 4

4,685 4,910 5,570

607 568 590

-5 68

-3 7

-5 90 -6 10 '

4,688 4,888 5,550

Mr. Rooney. Are there any questions, gentlem en, with rega rd to 

fees of ju rors and commissioners ?

I f n ot, we shall proceed to the fifth item entitled “Tr avel and miscellaneous expenses,” which begin s at pag e 114 of the justificatio ns 

book. We shall ins ert th at page, tog eth er with pages 115 throug h 

133 at thi s point in the record.

Statement relating appropriation estimate to current appropriation

Tr av el an d mis cellaneou s expense s, U.S. Co urts:

1966 ap pr op ria tio n in ann ua l act .......... .......... ............................ ............ . ..................... .................. $4,910,000

N et d iffer ence , 1966 ov er 1965:

Req uiremen ts Difference,

increase(-l-)

1966 appropriatio n

1967

est im ate

or decrease (—)

Tr av el ex penses. ........................................ ....................... $1,910,000 

3,000,000

$1,965,000 

3,605,000

+$55,000 

Misce llaneo us ex pen ses _____________ _____ _______ +605,000

Gross re qu ire men ts .. _______ _____ ____

4,910,000 5,570,000 660,000

Tot al estim ate for 1967__________________ ___________________ ____ ___ ____ ________ 5,570,000

An aly sis by object

21 Tra ve l and tra ns po rta tio n of persons.

22 Tr an sp or ta tio n of thi ng s___________

23 Ren t, co mm unica tio ns, a nd u til iti es .

24 Pr in ting an d repr od uc tio n.......... ........

25 Other servic es.........................................

Tra ns cr ip ts ordered by co urt.......

26 Supplies a nd m aterials......... ................

31 Equ ip m en t:

Ge neral office___________ ______

Lawb ooks, accession s....................

Lawb ooks, co nt in ua tio ns ..............

Tot al (direct) oblig ati ons_____

1966 1967 Inc rea se o r

es tim ate estim ate decrease (—)

$1,910,000 $1,965,000 $55,000

25,000 27,000 2,000

1,185,000 1,449,000 264,000

305,000 315,000 10,000

65,000 73,000 8,000

100,000 110,000 10,000

270. 000 315,000 45,000

130,000 296,000 166,000

150. 000 150,000

770,000 870,000 100,000

4,910,000 5,670,000 660,000
83

Summary of increased requirements for 1967

Nature of expense (or savings): Amount

1. Expenses (including nonrecurring cost of equipment) relating

to requests for new personnel under the heading “Salaries of 

Supporting Personnel” ------------------------------------------------- $260, 000

2. Estimated additional amount required for comm unications___ 150, 000

3. Rental of additional copying machines for clerks’ offices--------- 45, 000

4. To cover the cost of tran scripts in in forma pauperis proceedings brought under 28 U.S.C. 2255--------------------------------- 10, 000

5. For participation in health (first aid) un its -------------------------- 5, 000

6. To cover a n increase in the volume of supplies being consumed

by the courts________________________________________ 30, 000

7. To meet an increased demand for the replacement of worn or

obsolete general office equipment------------------------------------ 60, 000

8. For additional continuation material required to maintain court

libraries_____________________________________________ 100, 000

Net increase, 1967 over 1966_________________________ 660, 000

JUST IFICATION

Language changes

None.

Objectives

This appropriation provides for the necessary travel and miscellaneous expenses of the judges and supporting personnel cf the United States Courts of 

Appeals and the United States Dis trict Courts, including the probation offices, 

but excluding the offices of the Referees in Bankruptcy. The trav el and miscellaneous expenses of referees, including compensation and benefits of clerks 

to referees, are paid from a special fund appropriation . For basic sta tutory 

authorities, reference is made to Section “M” of the Digest of Appropriations, 

The Judiciary, on file with the Bureau of the Budget and the Appropriations 

Committees of the Congress.

General justification

Fiscal year 1965 was no exception to the increasing volume of litigation and 

the mounting backlog of cases both in the United States Courts of Appeals 

and in the United States D istr ict Courts. As the demand for services increases, 

so does the cost of operations. A detailed account of the judicial business of 

both the circ uit and dis trict courts is contained in the general justifications of th e 

appropriation estimate for “Salaries of Suppo rting Personnel, The Jud iciary .”

It is estim ated th at an appropriation of $5,570,000 will be required in 1967, 

an increase of $660,000 over the amount available for the fiscal year 1966. Approximately 40 percent of the increase requested in thi s appropriation is rela ted 

to requests for additional personnel under the heading “Sa laries of Supporting 

Personnel.”

In addition to the expenses rela ting to new personnel, provisions have been 

made for increases in the cost of local and long distance telephone ser vices; the 

ren tal of additional copying machines for Clerks’ offices; transc ripts to be fu rnished in in forma pauperis proceedings brought under 28 USC 2255; gre ate r 

participation in health units; increased consumption of supplies; replacement of 

worn or obsolete equ ipm ent; and for additional continuation material required 

to mainta in court libra ries. The increases in budgetary requirements are explained in greater detail below :

Expenses relating to new personnel

Under the appropriation heading “Salaries of Suppo rting Personnel” funds 

have been requested for the compensation and rela ted benefits of 212 additional 

positions: 9 deputy clerks, 33 law clerks, and 33 stenographers for the United 

States Courts of A ppe als; 32 deputy clerks for the D istrict Co urts; 60 prob ation 

officers and 45 clerk-stenographers for the probation system. The sum of $260,- 

000 is included herein for the procurement of general office equipment and to 

cover the ir expenses of trave l, communications, supplies, etc., as follow s:
84

U n it

co st

C ourt s of ap pea ls D is tr ic t co ur ts

T ota l C le rk s’ (roun ded ) offic es

L aw

clerks

St en og ­

ra pher s

C le rk s’

offic es

P ro bat io n sy st em

Officers St en og ­

ra pher s

N u m b er of p o sit io n s.. . 9 33 33 32 60 45 212

T ra v el____ __________ 1 $55,000

600 

15,000 

4,500 

3,000

900 

4,200 

30,0 00

$55,000

2,000

53,000 

16,000 

10,000 

3,00 0 

15,000 

106,000

T r a n s p o r t a t i o n of 

th in g s. . _________ $10

250

75

50

15

70

500

$90

2,250

675

450

135

630

4,500

$330

8,250 

2,475 

1,65 0 

495 

2,310 

16,500

$330

8,250 

2,47 5 

1,65 0 

495 

2,310 

16,500

$320

8,00 0 

2,400 

1,600 

480 

2,24 0 

16,000

$450 

11,250 

3,375 

2,25 0 

675 

3,15 0 

22,500

C om m u n ic ati o n s_____

P o s t a g e ....______

P rin ti n g ___ _____ ____

O llie r se rv ic es ________

S upplies______________

E q u ip m e n t 2_________

T o ta l________ . . (8,730)

8,500

(32,0 10) 

32,0 00

(32,0 10) 

32,0 00

(31,040)

31,000

(113,2001 

113,000

(43,650) 

43,5 00 T o ta l (r o u n d ed ). 260,000

1

 9 -m on th p ro vis io n for 60 offic ers a n d 3-m ont h p ro vis io n fo r 30 officers auth ori ze d fo r 1966, bas ed on $1,000 

per offic er per y ea r.

J

 N onre cu rr in g e xp en se.

The expenses relatin g to the increase in personnel are estim ated on a unit 

cost basis. Unit costs are derived from samplings of expenses currently being 

incurre d by officers and employees in similar positions. The cost of communications, supplies, equipment, etc., will vary depending upon the nature of the duties 

and responsibilities of the position. Of course, funds appropriated for the 

nonrecurring cost of general office equipment will be deducted in estab lishing 

the budgetary requirements for fiscal yea r 1968.

Estimated additional amount required for communications

The General Services Adm inistration informed all agencies of a prospective 

increase in rates for local joint-use or consolidated telephone switchboard service, averaging approximately $1.90 per telephone instrum ent per month, or $22.80 

per instrum ent per year. On September 2, 1965, the GSA announced th at its 

original estimate of the increase was somewhat high and that it had revised its 

estimate downward from $1.90 to $1.35 per month or $16.20 per year per ins tru ­

ment. These rates were retroactive to July 1, 1965. The effect of the new 

rates was to increase costs by approximately 10%. The General Services Administration explained that the higher rat es a re “due to salary increases for switchboard operators and other increased costs of switchboard and rela ted services.” 

Also, th at the higher rates did not provide for “additional cost that may resu lt 

from fut ure Government salary increases and tariff changes.”

Excluding the offices of the referees in bankruptcy there are approximately 

2,700 telephone instrum ents assigned to the judges and other court officers and 

employees in the Courts of Appeals and District Courts. It is estimated that 

$44,000 will be requ ired to cover the rate increases effective Jul y 1, 1965, and 

th at a like amount will be required for the fiscal year 1967. The requirements 

were calculated as follows:

Average rat e increases July 1, 1965_______________________________ $16. 20

Number of instruments_________________________________________ X2, 700

Estimated additional cost, fiscal yea r 1966_______________________ $43, 740

Estimated additional cost, fiscal year 1967________________________ 43, 740

Total (rounded)_________________________________________ 88,000

In addition to the increased cost of local telephone service, the sum of $62,000 

will be required for inter-city voice services under the Federal Telecommunications System. This increase is the result of a change in the rate structure and 

method of billing by the General Services Administration.

When the FTS long distance calling facilitie s were placed in operation, the 

General Services Adm inistration indicated that it could maintain the system by 

charging the subscribers a flat monthly rate for each telephone instrum ent hav-
85

ing access to the system. Under the flat rate charg e arrangem ent, no lim it was 

imposed as to the number or duratio n of calls made from a given station.

Effective July 1, 19G5, the General Services Adm inistration changed its method 

of billing the using agencies. The flat rate billing procedure, perm ittin g an unlimited number of calls, is no longer in effect. Under the new procedure, GSA 

is charging the Courts on a per call basis at a rat e of about 70 cents for each call. 

The qua rterly billings are based on sta tistical samplings of calls placed by 

Judiciary personnel.

The General Services Administration has stated tha t, based on the present 

volume of long distance calls, the Jud iciary for the fiscal y ear 1906 will be billed 

approximately $200,000 of which approximately 83 percent, or $166,000, represents the amount allocable to the judges and supporting personnel of the courts. 

Of the total, $28,000 (14%) is chargeable to referees in bankruptcy and $6,000 

(3%) to the Adm inistrative Office of the U.S. Courts. The amount presently 

available in this appropriation for the FTS inter-city voice service is $104,000 

which is $62,000 less tha n the cost estimate furnished by GSA.

Every effort is being made to hold and possibly reduce the volume of long 

distance calls. On October 4, 1965, the Adm inistrative Office circulate d a 

memorandum bringing to the atte ntion of cou rt personnel the spiraling costs 

of long distance calls and soliciting their cooperation in holding the volume 

to a minimum.

It w as suggested that they make long distance calls only when it is the most 

prac ticab le means by which the ma tter at h and can be accomplished efficiently, 

and th at whenever possible they utilize the various types of mail services, such 

as airm ail, special delivery, etc. At the suggestion of the General Services 

Administration, it was recommended th at commercial facilities be used for 

placing any call, the cost of which would be 20 cents or less for the initial 

three-minute period.

The Adm inistrative Office will continue to watch use and make every effort to 

hold down the volume of long distance calls. The sum requested herein is based 

on the present volume and does not contemplate any incre ase in volume in 

fiscal yea r 1967.

Rental of additional copy in g machines for clerks’ offices

During the past three years the Adm inistrativ e Office of the United States 

Courts has authorize d the installa tion of copying machines, on a rental basis, 

in a number of Clerks’ offices. This arrangem ent, whereby the machines are 

leased instead of purchased outright, has proven most satisfactory. The equipment perm its the use of ordinary bond paper instead of sensitized photocopy 

paper which has resulted in a sub stan tial savings in the “Supply” allotment. 

A savings also has been realized in the allotment for “Other Services” in that 

the machines are maintained at no additional cost under the rental contracts. 

Of course, it also obviates the need for the replacement of worn or obsolete 

equ ipm ent These savings have offset, to a sub stan tial degree, the cost of 

renting the machines, but not entirely.

At the present time there are approxim ately 80 Clerks’ offices in the United 

States Dis trict Courts which have been supplied with photocopying equipment 

on a ren tal basis. A survey of 24 offices conducted about a year ago indicated 

th at the machines were being utilized to a sub stantial degree for the reproduction of records or other documents for sale to interested par ties and the general 

public. At fifty cents per copy the tota l revenue in the dis tric ts surveyed was 

estim ated at $126,000 per year, or approxim ately $5,000 per office per year. 

The fees collected from the sale of copies of records and other documents are 

deposited into the General Fund of the Treas ury and do not augm ent the 

appropriation.

The sum of $130,000 is currently available for the rental of copying machines. 

It is requested th at an additional $45,000 be provided for this purpose. At a 

cost of a pproximately $1,500 per year per machine the additional sum will permit the installatio n of about 30 more machines.

Tran scripts to he furn ishe d in in form a pauperis proceedings brought under

28 U.S.C. 2255

Public Law 89-167, approved September 2, 1965, amended section 753(f) of 

title 28, United States Code, so as to perm it paym ents out of appropriated funds 

for transc ripts furnish ed to indigent defendan ts on motions to vaca te sentence 

in the Distric t Courts. Heretofore, transc rip ts have been furnished only on 

appeal.
86

During 1965 the District Courts entertained 1,244 motions to vacate sentence. 

This compares with 833 in 1964 and only 450 in 1963. A transc ript of a criminal tri al will be required probably in less tha n 10 percent of the cases. Based 

on a conservative estimate of $100 per transc ript, the sum of approximately 

$10,000 will be required for thi s purpose.

Participation in health (first aid) units

In April 1954 the Judicia l Conference of the United States authorized the Director of the Adm inistrative Office of the U. S. Courts to partici pate in health 

centers and first-aid stations being opera ted by Government agencies where the 

local courts concerned desire to partici pate and to include funds for this purpose 

in the budget estim ates to the extent necessary. Most of the health cente rs and 

first-aid station s in operation were established by the General Services Administr ation. The Courts also, are participating in units established by the Treasury D epartment, the Int ern al Revenue Service and the Veterans Administration.

The General Services Adm inistratio n is currently surveying fede ral agencies 

to determin'e which agencies will par ticipate and to determ ine locations where 

hea lth units might be established. The services to be provided are estim ated 

to cost about $15.00 per employee per year and will include periodic exam inations, immunization programs, and emergency first-aid treatment, including ambulance service.

At the prese nt time the sum of $16,000 is available for participation in health 

units. It is estim ated that an additional $5,000 will be req uired in 1967. Based 

on a per capita cost of $15 the proposed allotment of $21,000 will be sufficient 

to finance the participation of approxim ately 1,400 employees in the Courts of Appeals and District Courts.

Increase consumption of supplies

Exclusive of the requirements relatin g to the new personnel referre d to on 

page 119, it is estim ated th at $300,000 will be required in 1967 for supplies and 

materi als to be consumed by the courts—$25,000 more tha n the sum expended 

during 1965 and $30,000 in excess of the sum cu rren tly available for this purpose.

As was mentioned earlier, the ren tal of copying machines which make copies 

on ordinary bond paper has resulted in a decrease in the consumption of costly 

sensitized or chemically treated paper and other photocopying supplies. Savings in photocopy supplies have been offset by increases in the cost of general 

office supplies and the tota l cost during the past four years has remained at 

relatively the same level. It is expected th at during 1966 and 1967 the consumption of general office supplies will increase about 5 percent per year or 

$25,000 and that the increase will not be offset, as in the past, by savings in 

photocopy supplies.

Increased, demand for the replacement of worn or obsolete general office equipment

The sura of $130,000 is currently available for the procurement of general 

office equipment for all of the personnel of the United States Courts of Appeals 

and District Courts (exclusive of the referees in bankruptcy and the ir clerical 

staffs). Since 1960 the number of judgeships and the supporting personnel 

authorized for these courts has increased approximately 18 percent, whereas, 

during this period there has been no increase in the base allotm ent for the procurem ent of general office equipment. As the inventory of general office eq uipment grows, the demand for replacement of such equipment natura lly increases 

proportionately.

The inventory of nonexpendable prop erty assigned to the Courts of Appeals 

and District Courts (excluding lawbooks, furnitu re and furnishin gs), based on 

acquisition cost, is valued at approximately $2,100,000. The useful life of this 

equipment varies from five years to 30 years.

On the average, an electric typewrite r requires replacement every seven years. 

Manual typewriters have a useful life of approximately ten years. Dictating 

equipment, addressing machines and envelope sealers have a shorter life span, 

usually five years, depending largely on the extent to which they are utilized. 

On the other hand, a cash registe r has an estim ated useful life of 30 yea rs or 

more. A key factor in the replacement of equipment is obsolescence. The overall average useful life of the general office equipment for which the courts are 

accountable is estimate d at ten years.

In order to replace ten percent of the equipment each year, an allotmen t of 

$190,000 will be required—$60,000 more tha n the sum currently available for
87

this purpose. The estimate was derived by taking one-tenth of the total acquisition cost of th e present equipment less an allowance of approximately ten percent representing the residual value of the equipment to be replaced. The computations were as follows:

Presen t inventory of nonconsumable equipm ent_________________ $2,100, 000

Annual rat e of depreciation (pe rce nt)________________________ 10

Replacement costs (gross) _____________________________ $210,000

Less trade -in allowance (approximately 10 perce nt)-------------------- 20,000

Net annual cost of replacement__________________________ 190, 000

The equipment to be replaced will not be on any fixed schedule or solely on 

the basis of age. Each requisition will be considered on its own merits taking 

into account such factors as the extent of wea r and tear, the cost of repairs, 

obsolescence, etc.

CONTI NUATI ON M AT ER IA L RE QU IRED TO M A IN TA IN COURT LIBR ARI ES

It is estim ated th at in 1907 an additional $100,000 will be requ ired for court 

libraries as follows:

1. $22,500 for continuation material required to mainta in newly acquired sets 

of lawbooks.

2. $5,500 for replacement volumes of the Modern Federa l Practice Digest.

3. $15,000 to cover the cost of a new substitute service supplementing the publication of American Law Reports.

4. $9,000 for replacement volumes of “Restateme nts of the Law.”

5. $48,000 to cover contract rat e increases and general increases in the volume 

of ma terial req uired due to the expanding body of the law.

Maintenance of newly acquired lawbooks

During 1965 the sum of approximately $150,000 was expended for the procurem ent of lawbooks for judges appointed to fill vacancies and for existing 

libra ries. It is estimated that the sum of $22,500 will be required for the procurement of pocket parts and other continuation material to keep these works 

current. The cost of continuation material based on past experience is equal 

to approxim ately 15 percent of the initial cost of acquisition.

Replacement volumes of Modern Federal Practice Digest

The West Publishing Company has commenced to replace volumes of the 

Modern Federal Practic e Digest which was published approximately five y ears 

ago. The cost of the replacement volumes is limited by sta tut e to $6.50 each, 

whereas, the replacement volumes are being sold commercially at $10 each. It 

is expected th at funds will be required in 1967 for the procurement of two replacement volumes for each of 421 subscribers at a cost of $5,500.

Few service supplementing American Law Reports

The Lawyers Co-operative Publishing Company has instituted a mew substitute 

service to supplement the publication of American Law Reports. The publication known as the “La tte r Case Service” replaces and expands services formerly 

furnished. In order to keep this publication current it is necessary to provide 

the service to subscribers. The cost of the service is estim ated at $15,000. 

Publication of replacement volumes of Resta tements

Under the auspices of the American Law Institute , the American Law Insti ­

tut e Publishers, a subsidiary of the West Publishing Company, has commenced 

the replacement of volumes of Restate ments of the Law, a set of books published 

for the most part in the early 1940’s, for which no pocket supplementation has 

been provided. By arrang ement with the publLsher, these books are to be 

purchased at 50 percent of the commercial price pursuant to the solicitation of 

sole source bids. It is understood that five volumes will be published annually. 

At a cost of $6 per volume the sum of $9,000 w ill be required to provide the 

replacement volumes to 300 subscribers.

Contract rate increases and increases in the volume of contin uation material

required to maintain libraries

It is estim ated th at the sum of $48,000 will be required to cover an overall 

increase in the volume and cost of the principal works used by the courts over
88

and above the cost of the items referred to above. This estimate is based on 

a review of the contracts entered into by the General Services Administration 

and by the Administrative Office for the procurement of pocket parts and other 

continuation material required to keep court libraries up to date. This increase 

in large measure is due to the expanding body of the law. The enactment of a 

greater number of laws by legislatures and the growing judicial business with 

an increase in the number of opinions being handed down by the courts contribute to the publication of a greater volume of statutes, reports, digests and 

citations, as well as textual treatises.

INCREASES REQUESTED

Mr. R ooney. They ind icate that the request is in the am ount $5,570,- 

000, which wo uld be an increase of $660,000 ove r the a pp ropr iatio n f or 

th e c urrent fiscal year.

The firs t of the items, gentlem en, at page 116 of the justifi cation 

book is entitl ed “Expenses (in clud ing no nrecurrin g cost of equ ipme nt) relatin g to requ ests fo r new personnel under the heading ‘Sa laries o f su pp ortin g pe rsonne l,’ $260,000.”

Th is app lies entirely to the requ ested new pers onnel in the budg et?

Mr. Sween ey. Yes, sir.

Mr. Rooney. If you refer to page 116 once aga in, the second item 

is entitled “Estima ted ad dit ion al am ount required fo r commun ications.” How much do you now have fo r communications?

Mr. Garabedian. Th e allotment fo r bo th comm ercial telephone companies as well as GS A is $650,000 fo r local service an d $200,000 for 

long-dista nce telephone service, ma kin g a total of $850,000.

Mr. Rooney. W ith rega rd to the th ird item, “R ental of addit ion al 

cop ying machines fo r clerks’ offices,” how much do you pres ently 

have?

Mr. Garabedian. The sum cu rre ntly ava ilab le in the a pp ropriatio n 

is $130,000 fo r this purpose, Mr. Chairma n.

Mr. R ooney. No. 4, “To cover the cost of tran sc rip ts in in forma 

pauperi s proceeding s brou gh t un de r 28 U.S.C . 2255,” a requ est in the 

amoun t of $10,000. IIo w much do you presen tly have for th at pu rpose ?

Mr. Sweeney. Tha t is a new item, sir. Un de r 28 U .S.C . 2255, we 

did not pay the expenses fo r tran sc ript s pr io r to Pu blic Law 89-167 

appro ved Sep tem ber 2, 1965. That is a br an d new item designed to 

meet the requireme nts of th e sub stantive legislation.

Mr. Rooney. Ite m No. 5, “F or pa rti cipa tio n in healt h (fi rst aid) 

un its ,” $5,000. How much do you presently hav e ?

Mr. Garabedian. $16,000.

Mr. R ooney. No. 6, “To cover an increase in the volume of supplies 

being consumed by t he courts, $30,000.” How much do you p resent ly 

have for th at pur pose ?

Mr. Garabedian. $275,000.

Mr. Rooney. No. 7, “To meet an increased dem and fo r the replacement of worn or obsolete ge ner al office equip ment, $60,000.” How much 

do you pre sen tly have?

Mr. G arabedian. $130,000.

Mr. Rooney. The las t item , No. 8, “F or addition al con tinuation 

mate ria l req uired to main tai n court librar ies , $100,000.”

Mr. Garabedian. $770,000.
89

Salaries and E xpenses, Administrative Offic e of th e U .S . 

Courts

Object classificatio n

[In tho us an ds of dollars]

1965

actual

1966

estim ate

1967

estim ate

Dire ct ob liga tion s:

Pe rso nnel comp ensation :

11.1 Pe rm an en t po sitio ns .. . _______________ ______ _____ 1,308 1,430 1,822 11.3 Po sit ion s o ther than p er m an en t________ ______ _____ 59 56 56 11.5 Other p ersonn el co mp ensat ion .......................................... 10 10 10

To tal per son nel com pe nsation___________________ 1,378 1,496 1,888 12.0 Perso nnel be ne fits. _______________________________ 99 106 135 21.0 Tr av el a nd tra ns po rta tio n of pe rsons_______ ________ 46 60 124 22.0 Tr an sp or tatio n of th in gs ____ _______ . . ________ 1 1

23.0 Re nt , comm unications” a nd u til iti es _____________ ____ 84 102 121 24.0 Print in g an d reprod uc tio n__________________________ 18 28 35 25.1 Other servic es_______ ______________________________ 13 13 14 26.0 Sup plies an d materials____ _____________________ ____ 21 21 27 31.0 E quip m en t_______ ________________________________ 12 7 48

To ta l dir ect o bli gatio ns............... . ...........-.................... 1,671 1,834 2,394

Re im bu rsab le ob liga tion s:

11.3 Pe rsonne l comp ensation : Po sition s oth er th an pe rm an en t______________________ _________________ 44 46 47 12.0 Perso nnel be ne fit s_____________________________ ____ 3 3 3

21.0 Tr av el and tra ns po rta tio n of persons_________________ 4 4 4

To ta l reim bursa ble o bligat io ns............ ....................... 51 53 54

99.0 To tal obligations__________________________ _____ 1,722 1,887 2,448

Personnel summary

1965

actual

1966

es tim ate

1967

estim ate

To ta l nu m be r of pe rm an en t position s_____________ ____ ____ 165 172 209 Fu ll- tim e eq uiva lent of other" positio ns_________________ . . . 16 14 14 Average n um be r o f all em plo yees_____________________ ____ 176 182 219
90

Program and financing

[In thousan ds of dollars]

Program by activities:

Direct program:

1. General adm inistra tion........ ...................

2. Stu dy of rules of practice and procedure.

Tota l direct program______________

Reimbursable program..................... . .........

10 Total obligations____ ____________ ____________

Financing:

11 Receipts and reim burse ments from: Adm inistrative

budget accounts_______________________________

25 Unobligated balance lapsing........... . ................... . ...........

New obligational auth ori ty.

New obligational authority:

40 App ropriation__________________ _____ _____

44 Proposed supplemental for civilian pay increases.

Relation of obligations to expenditures:

10 Total obligations______________ _____ ______

70 Receipts and other offsets.................................... .

71 Obligations affecting expenditures.

72 Obligated balance, sta rt of year_______

74 Obligated balance, end of y ear. .. ............

77 Adju stments in expired accounts______

90 Expenditures, excluding pay increase supp lem ental-.

91 Expenditures from civilian pay increase supplem ental

1965 actual 1966 estimate 1967 estimate

1,597

74

1,744

90

2,304

90

1,671

51

1,834

53

2,394

54

1,722

-51

30

1,887

-5 3

2,448

-5 4

1,701 1,834 2,394

1,701 1,800

34

2,394

1,722

-51

1,887

-53

2,448

-5 3

1,671

62

-3 9

- 2

1,834

39

-4 4

2,394

44

-5 6

1,692 1,797

32

2,380

2

Mr. Rooney. Ar e there any questions, gentlem en, with rega rd to 

tra vel o r miscellaneous expenses ?

I f there are no fu rthe r questions, gentlem en, the nex t item is entit led “S ala ries and expenses, Ad minist rativ e Office of the U.S . 

Court s,” and is to be fou nd b eginn ing at page 134 of the justificatio n 

book.

We sha ll insert page s 134 throug h 152 of t ha t book at this point in 

the recor d.

(The justifications follow :)

Statement relating appropriation estimate to current appropriation

Salaries and expenses, Adm inistrative Office of the U.S. C ourts:

1966 appropriation in annual a ct................. . ........... .............................................. . ................ $1,800,000

1966 proposed supplemental due to pay increases___________________ _________ _____ 34,000

Base for 1967............... ................. . .............. . ......... . ......... . ..................... ..........................

Ne t difference, 1967 over 1966:

Requirem ents Difference, 

increase 

(+ ) or de1966 crease (—)

adjusted

1967

estimate

General administratio n . .. ___________________ $1,744,000 

90,000

$2,303,600 

90,000

+$559,600

Stu dy of rules of practice an d procedure . _ ______

Gross requirements _____________________

Total estimate for 196 7....___ ________________ ______ ________________________

1,834,000

2,393,600
91

Analysis by object

11 Per so nnel c om pen sa ti on____________

12 Per so nn el b en efi ts __________________

21 T ra ve l an d t ra n sp o rt ati o n of p erso ns .

22 T ra nsp ort ati on o f t h in g s____________

23 R en t, c om m uni ca tions, a n d u ti li ti es .

24 P ri n ti n g a n d r e p ro d u c tio n .. ...........

25 O th er se rv ices _____________________

26 Sup pl ie s an d m ate ri als _______ _____

31 E q u ip m e n t_____________ ____ ______

T ota l obli gat io ns_______ ______ _

1966 '

es tim at e

1967

es tim at e

In cr ea se o r 

de crea se (—)

$1, 496,000 $1,8 88,0 00 $392, 000

106,000 135,000 29. 000

60,000

800

124, 500 

800

64, 500

102, 000 121,200 19,200

28, 000 34,650 6,6 50

13,0 00 14.450 1, 450

21. 000 27,300 6,3 00

7, 200 47,7 00 40,500

1,834. 000 2,3 93,60 0 559,600

i A dju st ed to refle ct th e pr op ose d su pple m en ta l for p ay co sts ($32,000 for per so nn el com pen sa tion a n d 

$2,000 f or re la te d be ne fits).

Sum mary of increased requirements for 1967

Nature of expense (or savings): Amount

1. Deduction for nonrecurring expenses authorized for 1966-------- — $1, 200

2. Requirements under the Federal Employees Salary Act of 1965,

and wage board pay increases-------------------------------- _— . 17, 000

3. Administration of the Criminal Justice Act of 1964 at the circuit

level_______________________________________________ 389, 500

4. Administration of the judiciary salary plan-------------------------- 22, 500

5. To i nst itute a program for compiling information on the record

of Federal offenders for a period of 5 years following the ir discharge from prison or release from probation or parole supervision___________________________________________ -- - 35, 350

6. More extensive research in the field of sentencing and probation

and to cope with an increased volume of statistics------------- 69, 700

7. To cope with an increase in the volume of work in the Retirement, Insurance, and Payroll Unit in the Division of Business 

Adm inistration______________________________________ 7, 750

8. Provision for within-grade salary adva ncements------------------- 19, 000

Net increase, 1967 over 1966___________________________ 559, 600

JU STIF IC A TIO N

Language changes

None.

Objectives

This appropriation provides for the salarie s of the Director, the Deputy 

Director, the Assistan t Director and other personnel of the Adm inistrative Office 

of the United States Courts, and the necessary operating expenses of the office, 

including travel, communication services, supplies, equipment, etc. The Director, 

under the supervision and direction of the Jud icial Conference of the United 

States, has adm inistrative jurisdic tion over the Courts of Appeals and District 

Courts of the United States, the Distric t Courts of the Canal Zone, Guam and 

the Virgin Islands, and a lesser adm inistra tive jurisdictio n over the Court 

of Claims, the Court of Customs and Paten t Appeals and the Customs Court. 

The Director also has adm inistrative jurisdictio n over the Federal probation 

and bankruptcy systems. The Criminal Justice Act of 1964 placed additional 

adm inistrative responsibilities on the Director. The Act provides that the payment of fees to counsel and other expenses “shall be made under the supervision 

of th e Director of the Adm inistrative Office of the United States C ourts.”

For data as to the specific duties and responsibilities of the Director and the 

basic statutory authorities, reference is made to Section “O” of the Digest of 

Appropriations, The Judicia ry, on file with the Bureau of the Budget and the 

Appropriations Committees of the Congress.

Detailed justification

The estimate for fiscal year 1967 is $2,393,600, an increase of $559,600 over the 

amount available for 1966, augmented to the extent of the proposed supple-
92

mental for “pay costs” under the Federal Employees Salary Act of 1965. The 

increase in budgetary requirements is explained in d etail below :

Deduction for nonrecurring expenses authorized for 1966

The sum of $1,200 authorize d for 1966 to cover the no nrecurrin g cost of equipment and furnitu re for new personnel has been deducted in estab lishing the 

budg etary requirements fo r 1967.

Amo unt required for salary increases under the Federal Employees Sala ry Act of

1965 and for wage hoard pay increases

An additional $17,000 will be required in fiscal year 1967 represen ting the 

difference between the full-year and part-year cost of increases in salary granted 

pursu ant to the Federal Employees Salary Act of 1965, effective October 11, 

1965, and increases granted effective December 6, 1965, to employees whose 

sala ries are fixed by action of legally constituted wage boards. With the exception of the Dire ctor and Deputy Director, all of the employees in the Administrat ive Office received an increase in salary. The salary increase granted 

to classified employees was approximately 3.6 percent whereas the increases in 

the sala ries of wage board employees averaged only 3.1 percent. The following 

is a breakdown by fiscal year of the to tal cost of th e pay increa ses :

Pe rso nnel

com pensation

Pe rso nnel

benef its

Tot al

A nn ua l co st of pav in crea se s.. __________ ______ ____ _ $48,000 

-3 2, 00 0

$3,000 

-2 ,0 00

$51,000 

-3 4,00 0 Less pro posed su pp lem en tal for 1966____ __________________

Re quire me nts , 1967_________________________ ____ 16,000 1,000 17,000

Adm inistration of the Criminal Justice Act

The budget estim ate for the fiscal yea r 1966 included a request for $380,000 

to administer the Criminal Justice Act of 1964 at the circ uit level. The request 

was denied by the Congress. The J udiciary Conference Committee to Implement 

the Criminal Justice Act, believing th at the need for adm inistrative services is 

present in all circuits, urgently recommended the renew al of the request for 

funds. The recommendation of the committee was approved by the Jud icia l 

Conference.

The estimate, which has been revised to reflect the higher rates of compensation authorized by the Federal Employees Sala ry Act of 1965, contemplates 

the appointment of 11 full-time officers presently being refe rred to as executive 

secretaries, in each of the judicial circuits to serve uncompensated boards of 

advisers to the Judicial Councils. It is expected that these officers will, within 

the ir respective judicia l circuits, coordinate the modification of dis tric t court 

plans, develop improved methods of appointment of counsel and, through the 

Adm inistrativ e Office, recommend improvements in the processing of claims 

for compensation and expenses of counsel. Each of these officers will require 

the services of a clerk-stenographer. The following is a breakdown of the estimate by object classification:

Personnel compensation :

11 Executive secretaries, grade GS-15, at $17,055 per annum___ $187, 605

11 Clerk-stenographers, grade GS-7 at $6,269 per annum _______ 68, 959

Total personnel compensation_________________________ 256, 564

Personnel be ne fits____________________________________________ 18, 936

Trav el ($6,000 per office, except District of Columbia)____________ 60,000

Communications ($1,000 per office)______________________________ 11,000

Printing and reproduction ($400 per office)______________________ 4,500

Other contractual services ($100 per office)______________________ 1,000

Supplies and materials ($400 per office)__________________________ 4, 500

Equipment ($3,000 per office)__________________________________ ’ 33,000

T o ta l--------------------------------------------------------------------------- 389,500

1

 Nonrecurring expense.

A detailed description of the functions and duties to be assigned to the above 

referred to offices was contained in the written budget justifications submitted
93

to the Congress for fiscal year 1966. These justifica tions and testimony in support of the estim ates appe ar in the record of the hearings before the House Approp riations Subcommittees.

Adm inistration of the jud iciary salary plan

This is a renewal of a request which previously has been submitted but denied

by the Congress. In September 1961 the Jud icia l Conference of the United 

States approved a salary plan for the Jud iciary which provided new classification 

stan dar ds for deputy clerks in the U.S. dis trict courts, clerk s to referees and 

officers and employees in the probation system. The plan was placed in operation during fiscal year 1964. The conversion from the old stan dar ds to the new 

standard s has been accomplished. However, if the plan is to seiwe the purpose 

for which it was intended, the Adm inistrative Office, on a continuing basis, must 

conduct field surveys of the courts and the ir component offices. All requests 

for the regrading of positions must be thoroughly examined to assure the proper 

application of the stan dards. The staff of the Personnel Division in the Administrative Office must be augmented if it is to be expected to effectively administer the Jud iciary sala ry plan. The sum of $22,500 has been included for the 

employment of a personnel officer in grad e GS-13 and a clerk-stenographer in 

grad e GS-5 as fo llow s:

Personnel compensation :

Personnel officer, GS-13____________________________________ <$12, 510

Clerk-stenographer, GS-5___________________________________ 5,181

Tota l personnel compensation---------------------------------------------- 17,691

Personnel benefits---------------------------------------------------------------------- 1. 309

T ra vel_______________________________________________________ 1> 500

Communications (including pos tage)_____________________________ 400

Printing _____________________________________________________ 300

Other services________________________________________________ 60

Supplies and ma terials_________________________________________ 240

Equipment (no nre cur ring)_____________________________________ 1,000

T o ta l_____________________________________________________ 22,500

The amounts included for the various items of expense are estimated on a 

unit cost basis. The nonrecurring cost of equipment which will be required by 

the employees, of course, will be deducted in establishing the budgetary requirements for 1968.

Federal offender statistics

For several years c onsideration has been given to the esta blishment of a s tatis ­

tica l unit in the Adm inistrative Office t ha t would make special studies, upon a 

continuing basis, of the resu lts of probation and parole supervision of persons 

convicted of crime in the United States dis tric t courts. The program would 

involve a detailed accounting of the criminal record of every person released 

from supervision during a five-year period following the expiration of the period 

of supervision. The source of information for the studies would be the criminal 

identification records maintained by the Fed eral Bureau of Investigation. Inform ation from this source is now processed through the Adm inistrative Office on 

a routine basis during periods of probation and parole supervision. The furth er 

development of a satisfactory system for expanding th e flow of this inform ation 

through the Adm inistrativ e Office during the five-year post-release period would 

be essential.

The plan for this study includes initially a statistical processing u nit of three 

persons including a unit chief and two assistants. Two additional employees 

would be required for the accounting machine processing of the information 

compiled. During the first year of the program, it is estim ated that 30,000 persons received for supervision by the federal probation service will be included 

in the statistical survey. The number included in the survey will increase at 

the rate of 30,000 per year until the end of a five-year period when there will be 

150,000 persons included in this study. Th ere after the number will remain 

fairly constant. It should be noted that the cost of the program will rise somewhat in succeeding ye ars at the volume of information on file increases.
94

The sum of $35,350 has been included to institute th e program. The following 

is a breakdown of the estimate by object classification :

Personnel com pensation:

Section chief, GS-9__________________________________________$7, 479

Assistant section chief, GS-7________________________________ 6, 26!)

Statistic al analyst, GS-5____________________________________ 5,181

EAM operator, GS-5________________________________________ 5, 181

Statistic al accounting clerk, GS-4_____________________________ 4, 641

Tota l compensation_______________________________________ 28, 751

Personnel benefits______________________________________________ 2, 29!)

Rental of ADP equipm ent_______________________________________ 800

Communications, including postage________________________________ 600

P ri n ti n g ______________________________________________________ 650

Other services_________________________________________________ 150

Supplies and materi als__________________________________________ 600

Eq uipm en t____________________________________________________ 1 1, 500

T o ta l___________________________________________________ 35,350

1

 N on re cu rrin g expense.

The automatic data processing equipment refe rred to above is a key punch 

machine which ren ts for approximately $800 per year. The amounts included 

for the various items of expense are on a unit cost basis. Unit costs have been 

derived from samplings of expenses currently being incurred by employees in 

similar positions. The nonrecurring cost of equipment will be deducted in 

establishing the budgetary requirements for 1968.

For improvement of the statistical research and reporting system and to cope

with an increased volume of statistic s

The sum of $69,700 has been included for seven additional employees for the 

Division of Proc edural Studies and Statistics. The amount requested is as 

follow s:

Personnel compensa tion:

Statistician , GS-12__________________________________________ $10, 619

Attorney, GS-12___________________________________________ 10, 619

Clerk-stenographer, GS-4___________________________________ 4, 641

Prog ramer and systems analyst, GS-9_________________________ 7, 479

Prog ramer and systems analyst, GS-5________________________ 5,181

Statistical ana lyst (2), GS-5________________________________ 10,362

Total compensation_______________________________________ 48, 901

Personnel benefits_____________________________________________ 3, 799

T ra vel_______________________________________________________ 3,000

Rental of ADI’ equipment_______________________________________ 4, 800

Communications, including postage_______________________________ 1,400

Printing and reproduction______________________________________ 1, 050

Other services________________________________________________ 210

Supplies and materi als_________________________________________ 840

Equipment (no nre cur ring)______________________________________ 5,700

T o ta l__________________________________________________ 69,700

The request for the additional personnel is based upon three distinct and 

sep ara te need s: (1) the augmentation of the professional staff of the Division, 

(2) personnel to develop programs and systems, and (3) two additional clerical 

positions required to handle an increased volume of clerical work.

Professional staff

The workload of the Division of Proc edural Studies and Statistics has increased sub stan tially over the past several years without an increase in staff. 

As a result the Division has lost, to some extent, its capability of analyzing and 

presentin g the information compiled in the Division in such a way as to make 

it prac tically useful in the adm inistration of the United States courts.

At the present time there is one attorney and a professional sociologist authorized for the Division, not including the Chief of the Division. There is a 

need for the appointment of two additional professional employees, an atto rney
95

and a statisticia n, to ass ist in processing the work of the Division. It is contemp lated th at thes e employees would be appointed in grad e GS-1 2 at $10,619 

per annum.

The add itional attorn ey would ass ist in conducting proc edural stud ies and 

surve ys of court operation s and prep are reports on the condition of court business and the processing of litigation. He would also ass ist in maintai ning conta ct 

with cou rt offices to improve the sta tis tic al repo rting system. The sta tistician 

would prep are analyses of sta tis tic al infor mation compiled by the staff of the 

Division, conduct independent sta tis tic al rese arch and develop new uses fo r 

the sta tis tic s th at are compiled. If these two positions are estab lished, a clerksten ogra pher in grad e GS- 4 will be requ ired to provid e sec ret ari al and stenographic assista nce.

Programming and systems anal ysis

The Adm inist rativ e Office has come to rely upon its auto mat ic data processing 

equipment, not only in the processing of sta tis tic al information, bu t also for 

purpos es of budgeting and accounting. Addi tiona l applicati ons of thi s equipment are contemplated, bu t its efficient use depends upon prop er and highly tech ­

nical program ming. This work is presently perfo rmed by one person assisted, 

by a machine opera tor. Prog ramming is recognized as the key to the efficient 

and prop er util izat ion of an auto mat ic da ta processing system and an adeq uate 

programming staff is essen tial. Two program ming positions are required, one a t 

the grad e GS-9 level and the othe r at grade GS-5. This will provide three persons to perform the ful l-time d uty of programm ing the equipment now in use an d 

whatever new e quipmen t may be used in the future.

Increas ed volume of c lerica l work

Two sections of the Division—Ba nkru ptcy Sta tist ica l and Crimi nal-P robation—ar e g reat ly in need of addition al c leric al help. Two positions are requeste d, 

one to be assigned to each of thes e sections.

The workload in the Ban kruptcy Sta tist ica l Section has increased to such an 

ext ent th at the staff of f our employees is unabl e to hand le the flow of work at a 

reasonable pace and produce the reque sted sta tist ics on a cu rre nt basis. The re 

has been no increa se in the personnel of this section for the last ten years. 

During this i>eriod the work load has increased about 150 percent. The reason 

is the incre ase in ban krup tcy cases filed from 74,000 in 1957 to 180,323 in 1965. 

The actua l workload in the section has increased much beyond wh at these 

figures show due to a very sha rp incre ase in the types of ban kruptcy cases— 

namely asse t and nomina l ass et cases—which requ ire exten sive time for sta ­

tist ica l processing. During the fiscal yea r 1965 the section processed in excess 

of 350,00 0 sta tis tic al forms. Requests for special stud ies on the costs to the 

cred itor s and to the public of the adm inis trat ion of bankruptcy a sse t cases have 

been increa sing.

The work load in the Crim inal-Probation section has also greatly increase d. 

A more extensive role in rep orti ng on the crim inal cases in the Unite d States 

cou rts has been placed upon th is section in the last few years, altho ugh the actu al 

number of crim inal defe ndan ts before the c ourts has not increa sed greatly. Because of the additional detail and extens ive reporting, however, the section has 

fallen gre atly behind. An a ddition al clerical employee is needed t o mainta in the 

section on a c urr ent basis.

Equi pme nt

The sum of $4,800 included above for the ren tal of automatic da ta processing 

equipm ent is for the replac ement of a collat or and a sor ter with machine s of 

lar ger speed capa city and to provide an add ition al key punch machine on a 

stan dby basis. Additional appl icati ons for machine proces sing of data has resulte d in a bottlen eck in the prep arat ion o f punch cards. Delay has occurred in 

th e colla ting process and to some ext ent in sorting and sequenci ng of punch 

card s. To remedy th is situ ation and to utili ze the comp uter to the maximum 

ext ent possible a fa ste r so rter and collator is needed.

Includ ed in the sum requ ested for equipme nt is $2,200 for th e procurem ent of 

five punch card cabin ets for storage of workin g decks of punch cards . These 

cabinets ar e neces sary so as to remedy a growing shor tage of file capa city for 

punch c ard s in c urr ent an d ac tive use.

Increase d volume of work in retirem ent, insuranc e and payroll acc ountin g unit

Provis ion has been made for the employment of a fiscal accou nting clerk for 

the Division of Business Adm inist ratio n to be assigned to i ts Retir ement, Ins ur6S -1 60— 66----- 7
96

ance and Payroll Accounting Unit. The employee is to be classified in grade 

GS-7 at .$6,269 per annum.

Sala ry payrolls for the judges and the supp orting personnel of the courts, including the probation service and bankruptcy system, currently ar e being prepared by the Administrative Office of the U.S. Courts through a punch card 

processing system. The payrolls are distributed to designated payroll certifying 

officers for certification and transmission to the United States Marshals who 

draw the sala ry checks.

The central preparatio n o f payrolls, which commenced on J anuary 1, 1964, has 

resulted in a considerable savings of paperwork in the courts. When the system 

was established the staff of the Payroll Unit was augmented by the tr an sfer of 

two positions from other units in the Division.

There are currently nine positions authorized for the unit which not only is 

responsible for the preparatio n of the payrolls but also the processing of the 

various forms a nd applications for group life insurance, health benefits, savings 

bond deductions, contributions to the United Givers Fund, etc. The unit also is 

responsible for the maintenance of retirement records a nd the records rela ting to 

the operation of the Judicial Survivors Annuity System. All of the tax withholding certificates (Forms W-2) are prepared under the supervision of the 

Payroll Unit.

The additional employee is needed so as to provide some relief to the Section 

Chief who is presently devoting a gre at deal of time to the details of th e payroll 

operation. The new employee will review the incoming payroll records and resolve any differences between the Audit Section and the Payroll Unit. The employee also would be expected to be thoroughly fam iliar with the operations of 

the office an d answer the questions of the payroll clerks as to the proper procedure 'to be followed. The sum of $7,750 lias been included as follows :

Personnel compensation : Fiscal accounting clerk, GS-7_______________ $6, 269

Personnel benefits_________________ 481

Miscellaneous expenses__________________________________________ 500

Equipment (no nre cur ring)_______________________________________ 500

T o ta l------------------------------------------------------------------------------ 7,750

Provision f or within-ffrade salary advancements

It is estimated th at $19,000 will be required in fiscal year 1967 to gra nt the 

employees in the Adm inistrative Office within-grade salary advancements provided for by Title VII of the Classification Act of 1949, as amended. Of the total 

requested, $17,800 is for personnel compensation and $1,200 for rela ted Government contributions to the Retirement Fund and for Group Life Insurance. The 

estim ate takes into account anticipated savings due to th e turnover of personnel. 

It is expected th at only one-third of the employees on the roll will be gran ted 

within-grade salary advancements during 1967. The estimate for 1967 is somewhat lower than the estimate for 1966 for the reason that a larg er percentage 

of the employees will be in the fourth or high er steps of the ir respective grades 

and consequently will be subject to longer waiting periods.

INCREASES REQUESTED

Mr. Rooney. The y ind icate th at the request is in the amoun t 

$2,393,600, which would be an increase of $559,600 over th e adjus ted 

ap prop ria tio n for the curre nt fiscal y ear . Th is is a mod est requested 

increase. Th is is only 30 percent.

At page 136 you will find a list of thes e requ ested increases which 

may be used to wo rk from.

Imme dia tely there comes to my eyes the item of $389,500 ent itle d 

“A dm inist ratio n of the Crimina l Justi ce Ac t of 1964 at the cir cuit 

level.” T hat is the item to which you made refe rence ea rli er; is th at 

correct ?

Ju dg e McGuire. Tha t is corr ect.

Mr. Rooney. Some of these circuits are bu sier t ha n othe rs, are they 

no t ?

Ju dg e McGuir e. Th at is ve ry true.
97

Mr. R ooney. Some of them , w hile th ey are v ery busy , m ay be compa red to oth ers which are fa r less busy ?

Ju dg e McGuire. Tha t is rig ht.

Mr. Rooney. I f you need tw o peop le in a di strict like the South ern 

District of New Yo rk or the Distri ct of Columbia, pe rhaps ju st one 

could get along in some oth er dis trict?

Ju dg e McGuire:. Conceivably th at could be so. We are pr ed icating—

Mr. R ooney. You wa nt to be f ai r to everybo dy ?

Ju dg e McGuire. That is rig ht. We m ay no t ask. Le t the m wor k 

it out the ir own w ay. Ju st in case we get ca ug ht off second base, th at is 

all.

Mr. Olney. I c ould give you the thou gh ts of the com mittee on the 

admi nistr ation of the act.

Ju dg e McGuire. Ju dg e Has tin g’s com mittee ?

Mr. Olne y. Yes. For example, they took a look at the f irst and second circui ts and conc luded there would n’t be more than one man needed 

fo r both of those c ircuits. Th e reason is the f irst cir cu it is v ery small 

and in the second cir cuit, the bulk of t he busin ess is in the So uth ern 

District of New York. They are using the Legal A id gene rally. The 

problem of inspec ting vouchers and the like is at a minim um.

On th e oth er hand, in the fifth cir cuit i t would tak e at least two men 

because o f the volume and t he geograp hy. One in the west and one in 

th e east. So th at there is no thing inte nde d to be rig id abo ut the one 

man fo r each circuit. There migh t be tw o in one circuit and one man 

might cover more than one circu it.

Ju dg e McGuir e. I migh t say along the same subject, th at Ju dg e 

Hu ghes was s urp ris ed that she wou ld hav e to va lid ate a voucher. She 

ha d not come across th at situ ati on as yet.

Mr. R ooney. Of these requested increases at page 136, No. 8 the w ith ­

in grade salar y advancements is man da tory; bu t of the oth er seven 

item s outside of the one t o which we hav e j us t directe d our a tte nti on — 

th at is No. 3, $389,500—how m any o f these a re rep eats?

Mr. Sween ey. Th e two fo r the ad mi nis tra tio n of the jud ici ary 

salar y plan are repeats, sir. I don 't recall off-hand th e nu mb er th at we 

asked f or last year, the to tal o f items 5 a nd 6. Ite m 7 is a new item.

Mr. R ooney. No. 6 was abo ut the same, was it not ?

Mr. Sweeney. I do n’t reca ll, sir.

Mr. Olney. I think it was.

Mr. Rooney. I think it has been up h ere a few times, h as it not?

STATISTICAL RESEARCH AND REPORTING

How much did you obligate in fiscal ye ar 1965 fo r statistic al res earch 

and rep ortin g?

Mr. Sween ey. We would h ave to g et you t hat figure, sir. I t w on’t 

be very har d to come by.

Mr. R ooney. Ple ase in sert th at at t his point in th e record.

(The inform ati on repo rte d f ollows :)

The sum of $270,000 w as ob liga ted duri ng fis cal year 1965 fo r st ati st ic al 

re se ar ch a nd rep or tin g.

Mr. Rooney. H ow much do you have ava ilab le f^ r obl iga tion in 

lis calyear 1966 fo r th is purp ose?
98

Mr. Sweeney. We would have to get tha t, too.

Mr. Rooney. Please insert tha t information at this point in the 

record.

(The information requested follows:)

The sum of 275,000 is available for obligaton in fiscal year 1966 for statistical 

research and reporting. The increase of $5,000, 1966 over 1965, is due primarily 

to increases in salary pursuant to the Federal Employees Salary Act of 1965 and 

within-grade salary advancements.

Salaries of Referees

Object classification

[In th ousands of dollars]

1965

actual

1966

estimate

1967

estimate

Personnel compensation:

11.1 Permanent positions___________________ _______ 3,161 3,644 3,644

11.3 Positions o ther th an permanen t________ _____ ____ 474 380 380

Total personnel compensation__________________ 3,634 4,024 4,024

12.0 Personnel benefits_______________ _____ __________ 257 290 290

99.0 To tal obligatio ns________ ____________________ 3,892 4,314 4,314

Pers onnel summary

1965

actual

1966

estimate

1967

estimate

Total number of perm anen t positions____________________ 147 165 165

Full-time equ ivalent of other positions___________ ________ 21 17 17

Average number of all employees________________________ 165 181 181

Program and financing

[In thous ands of dollars]

1965

actu al

1966

estim ate

1967

estim ate

Program by activities:

10 Salaries and benefits (obligations)______ _______

Financing:

25 Unobligated balance lapsing.................. .................

40 New obligational a uth ority (appropriation)

Relation of obligations to expenditures:

71 Total obligations (affecting expenditures)______

72 Obligated balance, sta rt of year______________

74 Obligated balance, end of year________________

90 Exp enditures......... .......................................

3,892

8

3,900

3,892

217

-335

3,774

4,314

4,314

4,314 

335

-360

4,289

4,314

4,314

4,314

360

-36 0

4,314

Mr. Rooney. Are there any questions, gentlemen, with regard to 

this last item for the administrative office of the courts ?

If not, we are making pretty good time. We go now to “Salaries 

of referees,” which appears at page 154 of the justification book. We 

shall insert pages 154 through 161 of tha t book at this point in the 

record.

(The justifications follow:)
99

Statement relating appropriation estimate to current appropriation

Salar ies o f re ferees, U .S . court s (spe cial f und):

1966 ap pro pri ati on in an n u al a c t________________________________________________________ $4,31 4,0 00

N et differ en ce , 1967 o ver 1966:

R eq u ir em en ts Diff er en ce , 

incr ea se 

(+ ) or d e1966 cre as e (—)

ap p ro p ri ati on

1967

es ti m at e

$4,3 14, 000 $4,314, 000

T o ta l es ti m at e for 1967________________________________________________________________ 4,3 14 ,00 0

Analysis by object

11 Per so nnel c om pe ns at io n.

12 Per so nnel b en efits _____

T o ta l ob liga tions _____

1966

ad ju st ed

1967

es ti m at e

In cr ea se o r 

de cr ea se (—)

$4,02 4, 000 $4,024,000

' 290,000 290,000

4,3 14, 000 4,314,000

JU S T IF IC A T IO N

Language changes

None.

Objectives

The dis trict courts of the United States are constituted courts of bankruptcy, 

vested with original jurisdiction at law and in equity in proceedings brou ght 

und er the bankruptcy statutes. This jurisdictio n prim arily is exercised through 

referees appointed by the several dis trict courts. Their compensation and benefits are paid from this appropriation, which is derived from a special fund in 

the Treasury to which are deposited payments of fees and charges by parties 

to the proceedings. No appropriation from the general fund of the Tre asury is 

required.

Reference to basic sta tut ory autho rities is contained in Section “P” of the 

Digest of Appropriations, The Judicia ry, on file w ith the Bureau of the Budget 

and the Appropriations Committees of th e Congress.

General justifications

The number of bankruptcy cases filed during fiscal yea r 1965 reached another 

all-time high of 180,323. The number of cases filed, the numerical and percentage increases in filings du ring the past ten years are as fo llows:

Fis ca l ye ar Cas es fi led N um er ic al

in crea se

P er ce nta ge

in cr ea se

1956 ____ ______________________ ____ - ........... ............. ................... 62,086 

73,761 

91,6 68 

100,672 

110,034 

146,643 

147,780 

155,493 

171,719 

180,323

2,68 2

11,675 

17,907 

9,00 4 

9,36 2 

36,609 

1,137 

7,713 

16,226 

8,60 4

4.5

18.8

24 .3

9.8

9. 3

33 .3 

.8

5.2

10.4

5.0

1957_________ ________ - ................... ....... ..............................................

1958______________ ______________ _____________________ ____ -

1959________________________________________________________

1960 _______________________________________ _____________

1961___________ ________________ ______ _________________

1962__________ ____ ____ __________ _______ ______ __________

1963________________________________________________________

1964 ____ ________________________ ______ ___________________

1965___________________ _____ ________ _______ ______________

During the year, 175,117 cases were closed, 12,761 more than in 1964 but 

5,206 less than the the number filed, resu lting in an increase of more tha n three 

percent in the pending case load from 157,166 at the beginning of the yea r to 

162,372 on Jun e 30,1965.
100

Of the total cases filed in 1965, 90.6 percent were non-business bankruptcies 

(wage earne r) and 9.4 percent were business bank ruptcies (which includes 

merchants, manufacturers, others in business, farmers and the professional 

groups.) During 1965 the number of business and non-business bankruptcies 

increased in rela tively the same proportion. The following table shows the 

volume and ratio (percentage) of business to non-business filings for the past 

ten ye ar s:

Fis ca l ye ar N on bu si ne ss P er ce nta ge 

of to ta l

Bus in es s Per ce nta ge 

of to ta l

T o ta l

filing s

1956________________ 52,6 08 

63,617 

80,2 64 

88,943 

97,750 

131,402 

132,125 

139,191 

155,209 

163,413

84 .8

86 .3

87 .6

88 .3

88.8

89.6 

89 .5

89 .5

90 .4

90 .6

9,47 8

10,144 

11,404 

11,729 

12,284 

15,241 

15,655 

16,302 

16,510 

16,910

15.2

13.7

12.4

11.7

11.2

10.4

10.5 

10.5

9.6

9.4

62,0 86

73,761

91,668

100,672

110,034

146,643

147,780

155,493

171,719

180,323

1957______________

1958_______ _____ _ .

1959______________

1960_____________ .

1961______________

1962________________

1963________________

1964___________________

1965_________________________

The following grap h clearly reflects the upward trend in the number of cases 

filed an d pending as well as the percentage of non-business b ankru ptc ies :
DIST RICT COURTS

BUSINESS AND NONBUSINESS BANKRUPTCY CASES COMMENCED

FISC AL YEARS 1948 -196 5

THOUSANDS 2 2 02 0 0

180

160140

120

BUSINESS BANKRUPTCY CASES

j | NONBUSINESS BANKRUPTCY CASES

FIGURES SHOW THE PERCENTAGE OF

NONBUSINESS BANKRUPTCIES

1956 1957 1958 1959 I960 1961 1962 1963 1964 196585% 8 6 % 8 8 % 88% 8 9 % 9 0 % 9 0 % 9 0 % 9 0 % 917.

1949 1950 1951 1952 1953 1954 1955

7 4 7 . 7 5 7 . 79 7 . 817 . 8 3 7 . 8 3 7 . 8 5 7 .

100

8 0

604 020

0.

1948

73 7.

Source: Adm in is trotive O ffice of the Un ited Sta te s Co urts
102

Statu s of fun d

As of Jun e 30, 1965, the balance in the “Referees’ S alary and Expense Fun d” 

was approximately $10,733,000. It is estimated that receipts to be deposited 

into the fund during fiscal year 1966 will be sufficient to cover the appropriations, 

including the proposed supplemental due to pay increases. It is estim ated that 

during fiscal yea r 1967 receipts to be deposited into the fund will approach 12 

million dollars. Deducting the appropriation estimates for fiscal year 1967 of 

$4,314,000 for “Salaries of Referees” and $6,949,000 for “Expenses of Referees” 

the re would be a surp lus in 1967 of over 700 thousand dollars and the balance 

in the fund at the end of the year will be approximately eleven and one-half 

million dollars. The following table shows the actual and estim ated amounts 

available for appropriation , in thousands of do lla rs:

1965 actu al 1966est im at e 1967est im ate

U n ap p ro p ri ate d b al an ce , s ta rt of y ear...............................................

R eceip ts ___________________________________________________

U nobligate d ba la nc e retu rn ed to In ap p ro p ri ate d r eceip ts ........

T o ta l av ai la ble for ap p ro p ri ati o n ____ ____ _____________

A ppro pri at io nsSa larie s of refere es _____________________ ____ ____________

Exp en se s of refere es _______ ______________________________

P ro pos ed su p p le m en ta l due to p ay in cr ea se s: Exp en se s of

re fe re es _______________________________________ ____ ______

T o ta l ap p ro p ri ati o n s....................................................................

U n ap p ro p ri ate d b al an ce , en d o f y ea r__________________

$10, 721 

9,841 

26

20, 588

3,900 

5,955

9, 855

10, 733

$10,733 

10, 874

21,607

4,314 

6, 425 

135

10, 874

10, 733

$10,733 

12,000

22,733

4,314 

6,94 9

11,263 

11,470

Mr. Rooney. They indicate the request is the amount $4,314,000, the 

same as for the current fiscal year. Wha t is going on here ?

Judge McGuire. We save money.

Mr. Rooney. This is unprecedented.

Judge McGuire. Well, a time comes when you have to establish 

precedents.

Mr. Rooney. You have never seen this before, have you ?

Mr. Bow. No.

Mr. Rooney. Are there any questions ?

BANKRUPTCY

Mr. Cederberg. I note the increase in bankruptcy is at an all-time 

high.

Mr. Rooney. You will find the information on page 157.

Mr. Bow. Are we down to that point ?

Mr. Rooney. Yes.

Air. Bow. I should ask a question about bankruptcy.

Who has the bankruptcy figures ?

Judge McGuire. We have the figures here, Air. Congressman.

Air. Bow. Are not the bankruptcies at this time higher than they 

have ever been before in the history of the Republic ?

Judge McGuire. I would say so.

Air. Bow. That is the way my good chairman used to put that question. Alay we have the breakdown of the bankruptcies ?

Mr. Sweeney. They appear in the record on page 157 of our justifications.

Air. Bow. Tha t is all.

Air. Rooney. Would it be correct, to say that the amount in 1965 

is the third lowest high in the last 10 years ?
103

Ju dg e McGuire. Tha t is descen ding in to a p re tty sha rp d istinc tion.

I cou ldn’t say.

Mr. R ooney. Tha t is th e t hird low est p erc entag e increase in the la st 

10 years, is th at rig ht ? Fo ur ?

Ju dg e McGuire. 4.5 of ab out------

Mr. Sweeney. La st 10 yea rs ?

Mr. Rooney. Th ere are only two a hea d of it ; 1956 to 1965.

Mr. Sween ey. 4.5 and 0.8. You are rig ht.

Mr. Rooney. I t is the third lowest increase in the n um ber o f ba nk ­

ru ptcy cases filed in the las t 10 years. Of the numb er filed in 1965, 

is it no t the fac t th at 90.6 perce nt of the m were nonbusiness bankrup tcies?

Ju dg e McGuire. That is so.

Mr. Sween ey. Yes, sir.

Mr. R ooney. Ar e there any fu rthe r questions?

Mr. Cederberg. Does th is ind icate there ou gh t to be some considera tio n given to revisions of the bank ruptcy sta tut es? Is th e ju di ­

ciary giv ing any con sidera tion to this?

Ju dg e McGuire. I cou ldn’t answer th at because we don’t hav e too 

ma ny in the Dist ric t of Columbia.

Mr. Cederberg. I had a refere e in ba nk ruptcy wr ite me a ra th er 

len gth y lette r indicatin g some concern abo ut how ba nk rup tcy is be ing 

made so easy. I t is almost becoming a way of life. I th in k the figures of th e nonbusine ss bankru ptc ies, as ind ica ted here, in dicates many 

of our citizens are using the rou te of going int o ba nk ruptcy as an 

easy way out of leg itim ate obligations.

Mr. Olney. May I mak e a sta tem ent on this?

Mr. Cederberg. Yes.

Mr. Olney. Th is problem has concerned the judges very muc h bu t 

th e courts, so fa r as bank ruptcy is concerned, are really only processing these. Wh en it gets down to the economy, and the facts, the 

cred it system, things of this kin d which the bank ruptcy court is concerned about, the jud ges are n ot in a position to deal wi th this.

The th in g th at we h ave been able to do is t o intere st, over a period 

of y ear s now, the Bro oking s In stitu tio n into ma kin g a s tud y of ba nk ­

ruptcy ad mi nis tra tio n, no t fro m the po int of view of wh eth er the 

stat ut e is being str ictly observed or wh eth er it makes sense. W ha t 

we are doin g, and the very th in g you are spe aking about, is working 

on the effect of cr edit policies and t he differences in the law s and what 

not. That stu dy is well underway. Th ey have go t a gr an t fo r the 

purpose.

They have alr eady com pleted their field work ou t in the no rth ern 

distr ict of Ohio and they have abo ut five more distr icts where the y 

expect t o go in and m ake detailed stu dies of it t o g et a cross section and 

the y are not going to try to hit e verything in the cou ntry. I t will be 

2 or 3 y ears , I supp ose, a t least to com plete th at. We a re all hopeful 

th at we will have a bette r idea o f what the objectives of the ban krup tcy 

system should be and wh eth er or n ot we are doing t he ri ght th in g to 

realize them.

Mr. Cederberg. Years a go ind ivi dual bankrup tci es w ere ra th er u ncommon and most o f the b ankru ptc ies were in the are a of the business 

com munity . Now it has ju st been tu rn ed the other way. F ar more 

ind ivi duals are u sin g th is rou te than ever before.
104

Ju dg e McGuire. You are rig ht, if an ind ividual wen t b an kr up t he 

ha d a sense of obloquy, sense of shame. Now it is a matter of clean ing 

the sheet an d starti ng over ag ain.

Mr. Cederberg. Th at is r ight.

Mr. Bow. I am wonde ring if the heavy wor kload placed on man y 

of the refe rees in the more pop ulous areas is ma kin g it expe dient for 

them, in order to get ri d of t he cases, w hethe r assets a re b eing followed 

as well as they m igh t be ? I hav e he ard o f some cases where they just 

go th roug h the form s in order to get th ei r wor kload down and they 

are n ot tryi ng to trace assets too well. Do you find this to be tru e in 

some cases ?

Mr. Olney. I don ’t think th at is tru e gen erally. Th ere may be 

occasional cases bu t gen erally speak ing the y are very vigilant about 

assets.

Mr. J oelson. Mr. Chairma n?

Mr. Rooney. Yes.

Mr. J oelson. Ju dg e, you have req uested figures as to business bankruptc ies bu t von do not have figures as to how m any new businesses are 

sta rte d in America, do you ?

Ju dg e McGuire. We don't have those. No correla tion .

Mr. J oelson. So th at thi s wou ld no t be any ind ication of the economic vitality of ou r Nation unless you rel ate d it to the numb er of 

businesses involved, is th at righ t?

Mr. Rooney. I would expect the y wou ld have th at inf orma tio n in 

the D epartme nt of Commerce?

Ju dg e McGuire. You can get th at fro m the De pa rtm ent of Com ­

merce. The inte res ting situatio n is, as has been said here, th e numb er 

of personal bankrup tcies, where peop le shu nt away from themselves 

their responsibility from the sta nd po int of p aym ent of bills in man y 

instances and then they a re oversold a nd w ant thing s t hat th ey should 

not have ac tua lly by v irtue of th eir ab ility t o pa y for them.

Air. J oelson. Somebody said we have to live withi n our means even 

if we have to bor row to do so. I forget who th at was.

E xpenses oe Referees

Object classification

[I n th o u san d s of doll ars ]

11.1 

11.3 

11.5

12.0

21.0

22.0

23.0

24.0

25.1

26.0

31 .0

99.0

Per so nn el c om pe ns at io n:

P erm an en t posi ti ons_____________

Pos itio ns o th er th a n p erm an en t___

O th er pe rs on ne l com pen sa tion........

T ota l pe rs on ne l c om pen sa ti on__

Pe rs on ne l ben efi ts _______ _____ ____

T ra vel an d tr an sp o rt ati o n of p erso ns .

T ra n sp o rt ati o n of th in g s_____ ______

R en t, co m m un ic at io ns, an d u ti li ti es.

P ri n ti n g a nd re p ro d u cti o n_____ ____

O th er service s______ ____ __________

Sup pl ie s an d m ate ri al s_______ ______

E q u ip m e n t................ ............... ................

T ota l ob liga tion s_______________

1965

ac tu al

1966

es tim at e

1967

es tim at e

3,867 4,654 4,974

569 308 311

2 2 2

4,439 4,964 5,287

314 347 372

122 134 134

6 8 8

598 660 668

66 86 88

19 21 22

116 134 139

274 206 231

5,954 6,560 6,949
Personnel summ ary

1965

actual

1966

estim ate

1967

estim ate

Tota l number of perma nent positions____________________ 616 725 765

Full-time equ ivalent of other positions _ ____________ 122 60 60

Average number of all employees--------- -------------------------- 785 825 ’ 865

Program and financing

[In th ousands of dollars]

1965 1966

actual estimate

1967

estim ate

Program by activities:

10 Clerk hire and miscellaneous expense of referees (obligations)-------- ------------------------ ------------ ------- ...........

Financing:

25 Unobligated balance lapsing.................................................

5,954

1

6,560 6,949

New obligational authority ________________________ 5,955

New obligational auth ority:

40 Appropriation.............. . ......... . . ........................................... 5,955

44 Proposed supplemental for civilian pay increases--------------- -------------

Relation of obligations to expenditures:

71 Total obligations (affecting expenditures)

72 Obligated balance, sta rt of year________

74 Obligated balance, end of year.......... ......

77 Adjustm ents in expired accounts______

90

SI

Expenditures, excluding pay increase su pp leme nta l... 

Expenditures from civilian p ay increase sup plem ental.

6,560

6,425 

135

6,949 

6,949

5,954

661

-791

-1 7

5,808

6,560

791

-878

6,363 

110

6,949

878

-922

6,880

25

Mr. Rooney. Finally, gentlemen, we shall turn to the last item in 

this budget for the Federal judiciary, which is entitled “Expenses of 

referees,” and which begins at page 162 of the justifications book. We 

shall insert at this point in the record pages 162 through 175.

(The justifications follow:)

Statement relating appropriations estimate to current appropriation

Expenses of referees, U.S. courts (special fund):

1966 appropriation in annual a ct ------------------ ------- ---------------------------------------------- $6,425,000

1966 proposed suppleme ntal due to pay increases......... . ........... . ......... ................................... 135,000

Base for 1967............. .................................................................- ............................................. 6,560,000

Net difference, 1967 over 1966:

Clerk hire, compensation and benefits

Miscellaneous expenses____ ________

To tal............................................

Requ irements

1966

adjusted

1967

estim ate

Difference, 

increase (+) 

or decrease (—)

$5,311,000 

1,249,000

$5,659,000 

1,290,000

+$348,000

+41,000

6,560,000 6,949,000 +389,000 +389,000

Total estimate for 1967......... . ......................................... ..................- -.................. . ........ 6,949,000
106

Analysis by object

11 P er so nnel co m pensa ti on.........................

12 Per so nnel b enefi ts ......... ..........................

21 T ra v el a n d t ra n sp o rt ati o n of p erso ns .

22 T ra n sp o rt ati o n of t h in g s........ ...............

23 R en t, c om m unic at io ns, a n d u ti li ti es.

24 P ri n ti n g a n d r ep ro d u cti o n ....................

25 O th er s er vic es ............. - .............................

26 S upplies a n d m ate ri als ...........................

31 E q u ip m e n t.................................................

T o ta l o bli gat io ns...... ............................

1966 i 

est im ate

1967

esti m ate

In cr ea se o r 

de crea se (—)

$4,964 ,000 

347,000 

134,000 

8,00 0 

660, 000 

86,000 

21,000 

134,000 

206, 000

$5,287 ,000 

372, 000 

134,000 

8,400 

668,000 

88,000 

21,600 

139, 000 

231,000

$323,000 

25,0 00

400 

8,000 

2,000

600

5,000

25,0 00

6,560, 000 6,949, 000 389,000

1

 A d ju ste d to ref le ct th e pr op ose d s u p p le m en ta l for p ay co st s ($126,000 for per so nne l co m pen sa tion an d 

$9,000 for re la te d b en ef its) .

Summ ary of increased requirements fo r 1967

N ature of expense (or savings):

1. Deduction for the nonrecurring cost of furniture and furnishings -dmounz

required in 1966 incident to the occupancy of new bu ild ing s.. — $6, 000

2. Deduction for the nonrecurring cost of furniture and equipment

required in 1966 for new referees________________________ —50, 000

3. Deduction for savings in postage (penalty mail) under Public

Law 89-166, approved Septem ber 2, 1965________________ — 25, 000

4. Requirements under the Federal Employees Salary Act of 1965. 51, 000

5. Provision for employment of forty (40) additional clerks for

referees_____________________________________________ 288, 000

6. Provision for within-grade salary adva ncements____________ 49, 000

7. Estima ted additional amount required for comm unications___ 25, 000

8. To meet an increased demand for the replacement of worn or

obsolete general office e quipment_______________________ 15, 000

9. Furniture an d furnishings required incid ent to the occupancy of

new buildings scheduled to be completed during fiscal year

1967 or 90 days therea fter_____________________________ 42, 000

Ne t increase, 1967 over 1966_________________________ 389, 000

JU ST IF IC AT IO N

Language changes

None.

Objectives

Office and other expenses of referees, including compensation and benefits of 

clerical employees, are payable upon authorization of the Director of the Admin istr ativ e Office of the United States Courts. This appropriation is derived 

from a special fund in the Tre asury to which are deposited payments of fees 

and charg es by parties to the proceedings. No a ppro priation from the general 

fund of the Treasury is required. Reference to basic sta tut ory author itie s is 

contained in Section “Q” of the D igest of Appropriations, The Judiciary, on file 

with the Bureau of the Budget and the Appropriations Committees of the 

Congress.

General justification

Caseload data appear in the account for “S alaries of Referees.”

The estima te for 1967 provides for the employment of 40 additional clerks 

for referees, increases in the cost of local and long distance telephone services 

and for an increased demand for the replacement of worn or obsolete equipment. 

Provisions also have been made for within-grade salary advancements, and the 

procurement of furnitu re and furnishings required incident to the occupancy of 

new buildings. Nonrecurring expenses authorized for 1966 have been deducted 

in establishing the budgetary requirements for 1967. A deduction also has 

been made for an anticipa ted savings in postq^e by reason of the enactment of 

Public Law 89-166, approved on September 2,1965.
107

Detailed justifications

The appropriation request for 1967 is $6,949,000, or $389,000 in excess of the 

amount available for 1966, augmented to the extent of the proposed supplemental 

for “pay costs” under the Federal Employees Salary Act of 1965, Public Law 

89-301, approved October 29, 1965. The increase in budg etary requiremen ts 

over and above the proposed supplemental is explained below :

Deduction for nonrecurring cost of fur nit ure for new buildings

The sum of $6,000 authorized for the procurement of furnitu re and fur nis hings in 1966 for referees in bankruptcy and their staffs incident to the occupancy of new buildings has been deducted. The amount required for this purpose in 1967 has been included below a s an increase in budgetary requirements.

Deduction of amount authorised in 1966 for the procurement of fur nit ure and

equipment for new referees

The sum of $50,000 representing the nonrecu rring cost of providing furnitu re 

and equipment, including libr ary facilities, for new referees and the ir clerical 

ass ista nts has been deducted in estab lishing the budgetary requirements fo r 

1967.

Deduction for savings in postage

It is estim ated that a savings of $25,000 in postage (pen alty mail) will be 

realized by reason of the enactment of Public Law 89-166, approved September 

2, 1965. Parag rap hs b and c of section 14 of the Bankruptcy Act were amended 

to permit a court, before the filing fees requ ired to be paid by the Act were p aid 

in full, to make an order fixing a time for the filing of objections to the bankrupt’s discharge and providing that a discharge cannot be granted until the 

filing fees are paid in full. Heretofore such an orde r was not perm itted until 

after all of the filing fees had been paid in full. As a consequence, in cases where 

the filing fees were paid in installments, it was necessary to send sep arate notices to cred ito rs; first a 10-day notice of the first meeting of cred itors and the 

second a 30-day notice of the las t day fixed for filing objections to the discharge. The two notices now may be combined in every straig ht bankruptcy 

case and a single combined notice may be mailed to creditors. This will result 

in a direct savings in postage. A savings in paper, envelopes and clerical effort 

also will be realized but these savings are offset by reason of an increase in 

work load.

The sum of $365,000 is currently available for the postage of referees in bankruptcy. Based on an estim ated 200,000 cases to be handled by referees during 

fiscal year 1967 at a cost of $1.70 per case for postage, the sum of $340,000 should 

prove to be sufficient. The cost of postage per case heretofore was fixed a t $1.93. 

Requirements under the Federal Employees Salary Act of 1965

An additional $51,000 will be required in fiscal year 1967 representing the difference between the full-yea r and part-year cost of increases in salary granted 

effective October 11, 1965, to all clerical employees serving in the offices of 

referees in bankruptcy pursuant to the Federal Employees Salary Act of 1965, 

Public Law 89-301. approved October 29, 1965. The following is a breakdown by 

fiscal year of the tota l cost of the pay inc rea ses :

Person nel

comp ensat ion

Personne l

ben efits

Tot al

Ann ua l cost o f pa y increase s .. _________________________ $174, 000 

-126,00 0

$12,000

-9 ,0 00

$186,000 

Less pro pos ed su pp lem en tal for 1966______________________ -135 ,000

Re qu ire men ts, 1967_________________________________ 48,000 3,000 51,000

Additional clerks fo r referees in bankruptcy

Provision has been made for the employment of f orty (40) additional clerical 

employees for referees in bankruptcy to cope with an increased work load. 

Sta tistical data on the number of cases filed, term inated, and pending appear 

under the heading “Salaries of Referees.”

The current rates of non-business to business bankruptcies is 9 to 1, whereas, 

10 years ago, the rate was about 5% to 1. There has been a gre ater increase in 

non-business bankruptcies, however, business bankruptcies also have increased at
108

an alarming rate, from 9,478 in 1956 to 16,910 in 1965. While the eases filed by 

employee debtors and others not in business ordinarily do not involve extensive 

assets, they are, nevertheless, imp ortant and must receive the same careful 

atte ntio n of the referee and his staff. The non-business cases require considerable clerical effort, whereas, the referees must devote more time and attention 

to the business bankruptcies. The following table shows the number of nonbusiness cases filed as compared with the authorized clerical force for each of 

the past 10 years including a forecast of non-business cases to be filed during 

1966 and 1967:

F is ca l y e a r N o n b u sin e ss

b a n k ru p tc ie s

A v e ra g e 

n u m b e r 

o f cle ri cal 

e m p lo y e e s 1

A v era g e 

p e r cle ri cal 

e m p lo y e e

1956 _____________________________________________________________ 52 ,608 371 142

1957_____________________________________________________________ 63, 617 392 162

1958_____________________________________________________________ 80 ,264 448 179

1 9 5 9 .. . _________________________________________________________ 88 ,943 513 173

1960_____________________________________________________________ 97 ,750 522 187

196 1_____________________________________________________________ 131,4 02 595 221

19§ 2___________________________________________________ _____ _____ 132,1 25 670 197

1963_____________________________________________________________ 139 ,191 680 205

1964_____________________________________________________________ 155, 209 760 204

1965_____________________________________________________________ 163,4 13 785 208

1966 (e s tim a te d )________ ________________________________________ 17 2,0 00 825 208

1967 (esti m a te d ) _______________________________________________ 180,00 0 865 208

1

 In c lu d e s te m p o ra ry em p lo y e e s a n d th e f u ll -t im e e q u iv a le n t of p a rt-ti m e e m p lo y e e s.

As is evident from the above table, the average number of non-business bankruptcies per clerical employee has increased almost 50 percent in ten years. 

During thi s same period the rates of business bank ruptcies to the number of 

clerical employees has decreased slightly. In 1965 there were on the average 22

business bankruptcies per clerical employee as compared w ith an average of 25,10 

years ago.

It is estim ated that filings in bankruptcy during 1967 will exceed 200,000. 

During the first qu art er of the fiscal ye ar 1966 there were 46,678 bankrupty cases 

filed, a 9 percent increase as compared with filings during the first qu art er of 

1965. This upward tren d is expected to continue but at a slightly lower level.

In orde r that the referees may cope w ith the risin g case load, it is imperative 

that the ir clerical staffs be expanded. The sum of $288,000 is included for 40 

additional clerical employees to be classified on the average in grade JSP-6 at 

$5,702 per annum. The following is a breakdown of the estim ate by object

clas sification:

Personnel compensation : 40 clerks, JS P- 6________________________ $229, 000

Personnel benefits____________________________________________ 19, 000

Tra nsporta tion of things_______________________________________ 400

Communications (telephone and te leg rap h)_______________________ 8. 000

Printing ____________________________________________________ 2, 000

Other services________________________________________________ 600

Supplies and materials-------------------------------------------------------------- 5, 000

Fu rnitu re and equipment (no nre cur ring)_________________________ 24,000

Total__________________________________________________ 288, 000

' The miscellaneous expenses relatin g to the additional clerks are estimated 

(

on a unit cost basis which are derived from samplings of expenses curre ntly being 

incurred by the employees. The sum of approximately $600 will be requ ired fo r 

each of the new clerks to cover the cost of a typewriter, a desk, chair and other 

miscellaneous equipment. The nonre curring cost of fu rniture and equipment will 

be deducted in establishing the budgetary re quirements for 1967.

Provision for within-grade salary advancements

All of the clerks to referees are subject to the promotional plan for judicial

personnel and will be granted step increases corresponding with those provided 

for by Title VII of the Classification Act of 1949, as amended.

It is estimated that these within-grade salary advancements will cost $49,060. 

of which $46,000 represen ts increases in compensation and $3,000 related bene-
109

fits—Government contributions to the Civil Service Retirement Fund and for 

group life insurance. The estim ate takes into account antic ipated savings due to 

turn over of personnel and the filling of vacancies at lower rat es of pay. It is 

expected that approxim ately 30 percent of the employees will receive within-grade 

salary advancements du ring 1967.

Estimated additional amount required for communications

The General Services Adm inistration on Jun e 14, 196o, informed all agencies 

of a prospective increase in rates for local joint-use or consolidated telephone 

switchboard service, averaging approximately $1.90 per telephone instrum ent 

per month, or $22.80 pe r instrum ent per year. On September 2, 1965, the GSA 

announced that it had revised its estimate from $1.90 to $1.35 per month or 

$16.20 per year per instrument. The increases were effective as of July 1, 1965. 

It was explained th at the higher rates are “due to salary increases for switc hboard operators and other increased costs of switchboard and related services.” 

Also, th at the higher rates did not provide for “additional costs that may result 

from fut ure Government salary increases and tariff changes.”

There are approxim ately 400 telephone instrum ents assigned to referees in 

bankruptcy which are subject to th e hig her rate s. It is e stimated t ha t $7,000 will 

be required to cover the rate increases effective July 1, 1965, and th at a like 

amount will be required for the fiscal year 1967. The requirements were 

calcu lated as follow s:

Average rate increases July 1, 1965------------------------------------------.--------$16. 20

Number of instruments__________________________________________ X400

Estimated additional cost, fiscal yea r 1966___________________ $6, 480

Estimated additional cost, fiscal year 1967_________________________ 6, 480

Total (ro unded)___________________________________________ 13,000

In addition to the increased cost of local telephone service, the sum of $12,000 

will be required for inter-city voice services under the Federal Telecommunications System. This increase is the result of a change in the rate structure and 

method of billing by the General Services Administration. A detailed explana ­

tion of the increase is contained herein on pages 122 and 123.

The cost of the inter-city voice service for referees in bankruptcy for fiscal 

year 19GG is estimated at $28,000, whereas, the sum of only $16,000 is available for 

this purpose in the base app ropriation.

Increase in base allotment for general office equipment

Exclusive of the requirements rela ting to new personnel, the sum of $50,000 

curren tly is available in the base appropriation for the procurement of general 

office equipment for referees in bankruptcy and their staffs. For th e past several 

yea rs the allotment has proven inadequate. Based on the present inventory of 

nonexpendable prop erty assigned to these offices it is estim ated that $65,000 will 

be req uired each y ear fo r normal replacement of worn or obsolete equipment and 

for the procurement of certain special purpose equipm ent such as folders and 

inserters. The increase in requirements is occasioned by the increase in bankruptcy personnel. As the inventory of general office equipment grows, the demand 

for replacement of such equipment naturally increases proportionately.

Fur nitu re requirements incident to the occupancy of new buildings

It is estim ated th at the sum of $42,000 will be required for the procurement 

of fur nit ure and furn ishings for referees in bankruptcy incident to the occupancy 

of new buildings scheduled for completion during fiscal yea r 1967, o r with in 90 

days thereafter. The estimate was furnish ed by the General Services Administration pursua nt to an agreement between the Director of the Adm inistrative 

Office of the United States Courts and the Adm inistrator of the General Services 

Administration. The es timate was taken at face value and is subject to a detailed 

review by the Adm inistrative Office. If such a review should indicate the need 

for a downward adjustment in the estim ate, a recommendation to that effect 

will be made to the Appropriations Committees d urin g the form al h earings on the 

Jud iciary estimates.
n o

IN CR EA SE S RE QU ESTE D

Air. R ooney. Th ey indic ate th at th e reque st is in th e am oun t $6,949,- 

000, wh ich would be an increase o f $389,000 over the adjus ted ap propr iatio ns fo r the cu rre nt fiscal year.

The increases are set fo rth at page 164. Ho w many new position s 

are bein g requested und er this ?

Air. Sweeney. Mr. Ch airma n, may I ask Air. R oya l Jac kson, Chief 

of our Ba nk ruptcy Division, to ans wer these questions fo r you ?

Air. J ackson. Air. Ch airma n, there are 40 new positions included in 

th is estima te.

Air. Rooney. These are 40 addit ion al perm anent cler ks at a cost of 

$288,000?

Air. J ackson. Tha t is right.

Air. Rooney. Wh at a bout this i ncrease o f $42,000 fo r fu rn itur e and 

furni shing s?

Air. J ackson. I would like to ask Air. Sweeney to ans wer that.

Air. Sween ey. Tha t has to do with new building s scheduled to be 

completed d ur ing fiscal 1967, sir.

Air. Rooney. Are th ere any questions ?

Chief Ju dg e AlcGuire, Air. Olney, and gentlem en, we th an k you 

very , very much. Tha t concludes th e item s fo r th e Fe de ral jud iciary .

AIonday, September 12, 1966. 

CO UR T OF CL AI MS

Supplemental Request for F unds, Fiscal Year 1967 

W IT N ESSE S

HO N. W IL SO N CO WEN , C H IE F JU D G E 

FR A N K T. P E A R T R E E , CLE RK

Salaries and E xpenses

Air. Rooney. Th e nex t item, gentlem en, is a sup plemental request 

fo r the U.S. Co urt of Claim s. It is in the a mount $127,000 additio nal 

and is tra ns mitted in Hou se Document No. 462. I t has to do with 

sala ries o f judges.

AAY shall at t his point ins ert in the reco rd page s 1 throug h 6 of the 

justifications with rega rd to the Co urt of Claim s.

(The pag es follow :)

Salaries and expenses, Court of Claims, 1967 request, $127,000

Request pending----------------------------------------------------------------- » 

$ 1 34 3> 4 0 0 Proposed amendment_______________________________________ 127, 000

Revised request______________________________________ 1,470 400

1

 P . 42 of burg et ap pe nd ix.
I ll

LANG UA GE CI IA NGE

As a resu lt of the enactmen t of Public Law 89—125, approved May 11, 1966, 

which created two additional judgeships for the Court of Claims, the following 

change in the tex t of the appropriation is neces sary:

For sala ries of the chief judge, [f our] six associate judges, and all other officers and employees of the court, and for other necessary expenses, including 

stenographic and other fees and charg es necessary in the taking of testimony, 

and travel, $--------------.

JU ST IF IC A T IO N

It is estim ated th at an additional $127,000 will be required in fiscal yea r 1967 

to cover the cost of the two additional judgeships. The estimate, which represents 

the annual (first-year) cost of the judgeships, provides fo r the st atu tor y sala ries 

of the judges and the salaries of their supporting personnel. Each of the judges 

will require a staff consisting of a secretary, law clerk, and a clerial (custodial) 

employee. Provision also has been made for their supplies, communications, and 

other miscellaneous expenses and for the procurem ent of general office equipm ent 

and lawbooks. The cost of the equipment and lawbooks (except for continuation 

ma terial) is not a recu rring expense and, therefore, it will be deducted in 

estab lishing the budg etary requirements of the Court for fiscal year 1968. The 

recu rring (second and succeeding years) cost of the two judgeships is estimated a t 

$113,600. The following is a breakdown of the budgetary requirements by object 

Classification:

Personnel com pensation:

2 judges a t $33,000 per yea r_________________________________ $66, 000

2 secretaries, grade JSP -9 at $7,479 per annum________________ 14, 958

2 law clerks, grade J SP -9 at $7,479 per annum ________________ 14, 958

2 clerks (custodial employees), grade JS P-2 a t $3,814 per annum_ 7, 628

Total salarie s (8 new pos itio ns)_________________________ 103,544

Pay above stated annual rate (ex tra d ay )____________________ 156

Total personnel compensation____________________________ 103, 700

Personnel ben efits:

Agency co ntribu tions:

Retire men t__________________________________________ 2, 420

Life insurance_______________________________________ 260

Health benefits_______________________________________ 640

Jud icia l surv ivors’ ann uity f und________________________ 1, 980

Total, personnel benefits_____________________________ 5, 300

Comm unications_____________________________________________ 800

Pri nting and reproduction____________________________________ 600

Other services_______________________________________________ 200

Supplies and materials_______________________________________ 1, 200

General office equipment______________________________________ 1

 3, 200

Lawbooks, accessions_________________________________________ 1 12, 000

Lawbooks, continuation s (required 2d and succeeding y ea rs)________ (1, 800)

Total, requirements 1967_________________________________ 127, 000

Recu rring cost (2d and succeeding yea rs)_______________________ (113, 600)

1

 Nonrecurring expense.

PE RSO NNEL CO MPE NSA TI ON

The judges, pur sua nt to Section 173 of Title 28. United States Code, each 

shall receive a salary of $33,000 a year. The number of supp orting personnel 

being requested for the new judges is identical to tha t being provided the present 

associate judges of the Court and the proposed grades and rates of compensation 

are consistent with the classification stan dar ds prescribed by the Jud icia l Con68-160—6< •8
112

ference of the United States. The basic statutory a uthority for the appointment 

of the supporting personnel for the judges is contained in Section 794 of Title 

28, United S tate s Code.

PE RSO NNEL B EN EFIT S

In addition to the amount that will be required for the sala ries of the new 

judges and the compensation payable to members of their staffs, it is estimated 

tha t on an annual basis the sum of $5,300 will he needed for related personnel 

benefits—Government contributions under the Civil Service Retirement Act, as 

amended, the Federal Employees Group Life Insurance Act of 1954, the Federal 

Employees Health Benefits Act of 1959, and to the Judicial Survivors’ Annuity 

Fund. Full participation in the above referre d to programs is expected.

E Q U IP M EN T

The sum of $3,200 ($1,600 per judgeship) has been included for the procurement of necessary office equipment, including typewriters, dictating and 

transcribing machines, copy holders, pen sets, briefcases, etc. The acquisition 

of such equipment represents a nonrecu rring expense and the budgetary requirements for 1968 will be adjusted accordingly.

LI BRARIE S

The sum of $12,000 is needed in order to equip the judges’ chambers, $6,000 

for each, with appropriate lawbooks. The ligure requested represents that generally provided a Federal judge whose office is located in a building where he 

has access to a central law libr ary which will be tru e as regards these two 

judges when the court begins the occupancy of its new building within the year. 

While this is a nonrecurring expense which will be deducted in establishing the 

budgetary requirements for 1968, the deduction will be offset to the extent of 

approximately $1,800, representing the recurring cost of continuation material 

required to keep the sets of books curr ent through the years.

M ISCEL LA NEO US EX PEN SE S

The sum of $2,800 ($1,400 per judgeship) has been included for supplies, communications, printing, and other miscellaneous expenses. The requirements of 

the new judges were established on a unit-cost basis—un it costs being derived 

from samplings of expenses currently being incurred by the present judges and 

the ir staffs.

It is estim ated that the cost of telephone facilities; teletype and telegraph 

services; postage and fees for regular mail, airm ail, registered mail, parcel 

post, etc., will average about $400 per judgeship. The cost of providing sta ­

tionery, envelopes, and other printed ma tter will be approximately $300 per 

judgeship. The sum of approximately $600 will be required for each judge for 

the usual supplies, such as paper, carbon paper, ink, pencils, filing material, 

etc. The sum of $100 has been included per judgeship for the maintenance and 

rep air of equipment and for other miscellaneous con trac tual services.

Mr. Rooney. Do y ou wish to add ress yourself to th at, Chief Ju dg e 

Cowen ?

General Statement

Ju dg e Cowen. Very briefly, if T ma y, Mr. Chairma n.

Fo r the first tim e, T believe, in more than 100 years, th e Congress autho riz ed the employme nt of two new jud ges for our cou rt bv a bill 

passed last May. Th is came up since we h ad o ur re gu lar h earin g a nd 

this is a request for a supplem entary ap prop ria tio n to pay fo r the 

salaries of t he new judges and th ei r secretaries and law clerks.

Th e pr ep aration of this budg et, for us, was a new experience, so w hat 

we d id was to take and use as a basis the table which the Ad minist rative Office of the TJ.S. Co urt s furni shed to the Honorab le Emanu el 

Celler, c hairm an o f th e H ouse Jud ic ia ry Co mmittee, in response to his 

reques t fo r a sta tem ent of the cost of prov idi ng addition al judg es.
113

We made some a dju stm ents in th at table. I believe m ost of them are 

lower.

Mr. Rooney. I) o each of the jud ges in yo ur court pre sen tly have a 

sec retary , law clerk , an d a cleric al em ployee ?

Ju dg e C owen. Yes, sir.

Mr. Rooney. Ha ve the two new jud ges and th eir supp ortin g pe rsonnel been appoin ted as yet ?

Ju dg e Cowen. Only one has been appoint ed as yet and of course 

none of the sup po rti ng personnel have been selected as yet, Mr. C ha irman.

Mr. Rooney. W ha t lapse rate did you allow in rega rd to this request, since this was fo rm ula ted las t July ?

Ju dg e Cowen. We have allow ed a lapse rate of 3 months , th at is, 

fo r the months of Ju ly , Au gust, and Sep tem ber. I t is an tic ipa ted — 

and of course this is no c ertai nty—t hat the se jud ges w ill be appoin ted 

an d confirmed by early in October.

Mr. Rooney. We do not have any assurance th at thi s bill will become 

law early in Octo ber.

Ju dg e Cowen. No, sir.

Mr. Rooney. II ow much is i nclude d in this $127,000 for lawbooks?

Ju dg e Cowen. For lawbooks for the two judges , $12,000.

Mr. R ooney. $6,000 for each jud ge?

Ju dg e Cowen. Yes, sir.

Mr. Rooney. Th an k you, Jud ge Cowen.

Ju dg e Cowen. Th an k you, Mr. Ch air ma n and gentlem en.

Monday, September 12, 1966.

CO UR TS OF A PPEA L S, D IS T R IC T CO UR TS , AN D O TH ER 

JU D IC IA L SER V IC ES

Supplemen tal Request for F unds, Fiscal Year 1967

W IT N ESSES

HO N. W IL L IA M J. CAM PB ELL, C H IE F JU D G E, U.S . D IS T R IC T CO UR T,

N O R T H E R N D IS T R IC T OF IL L IN O IS 

HO N. M A T TH E W F. M cG U IR E, C H IE F JU D G E, U.S . D IS T R IC T CO UR T,

D IS T R IC T OF CO LU MBI A

W A R R E N OLN EY I I I , D IR ECTO R, A D M IN IS T R A T IV E O FFIC E, U.S .

CO UR TS

W IL L IA M R. S W E E N E Y , A SSIS TA N T D IR EC TO R , A D M IN IS T R A T IV E

O FFIC E, U.S . CO UR TS

D A R W IN H. ANDER SO N, C H IE F OF B U SIN ESS A D M IN IS T R A T IO N ,

A D M IN IS T R A T IV E O FFIC E, U.S . CO UR TS 

ED W A R D V. G A R A B ED IA N , BU DGE T O FFIC ER , A D M IN IS T R A T IV E

O FFIC E, U.S . CO UR TS

Mr. Rooney. We now move some sup pleme ntal requests fo r the ju ­

dicia ry in the amount of $4,735,000 addit ion al, as requested in House 

Document No. 430 sub mitted to the Sp eaker of the Hou se of Re presentatives by the Presiden t on May 2, 1966. Th ey come to us as the
114

result of the passage of Pu blic Law 89-372, which pro vides fo r the 

appoint me nt of addit ion al judg es.

I t should be noted that, there were also con tain ed in House Doc ument No. 430 certain sup pleme ntal requ ests for the De pa rtm ent of 

Justi ce and the Gen eral Services Ad minist ratio n which also come 

abo ut as the result of the en actment of th at same public law.

W ha t is the tot al amo unt requ ested fo r fiscal 1967 as the result of 

the passag e of Pu blic La w 89-372 ?

Ju dg e Campbell. It now comes, Mr. Ch airma n, to $4,717,000. We 

have redu ced it slightly due to a reduct ion in the request fo r the A dministrativ e Office as the result o f a conference.

Mr. Rooney. You are only talk ing to the judic iar y part of it as I 

un derst and it. I am ma kin g inq uir y as to the t otal cost as the result 

of the enactment of t hat pub lic law.

Ju dg e Campbell. You mean inc lud ing fu rn itur e and space?

Mr. Rooney. Yes. It would seem to be $15,710,000.

Ju dg e Campbell. Yes, sir.

Mr. Rooney. ITow many addit ion al jud ges were autho rized?

Ju dg e Campbell. Ten circuit jud geships and 35 distr ict judges hip s.

Mr. Rooney. Tha t would come to about $350,000 per j udgeship?

Ju dg e C ampbell. Tha t is about r ight .

Mr. Sween ey. Th is is a comp ara tive cost between district judgeshin s a nd circu it judgeships.

Ju dg e Campbell. The ann ual recu rri ng cost is $82,900 fo r 1967. 

The cir cuit jud ges hip s are lower, of course.

Mr. Rooney. I know you would n ot tr y to confuse the record, J ud ge 

Campbell.

Ju dg e Campbell. No, sir.

Mr. Rooney. But if one were to take $15,710,000 and divide, it amon g 

45 jud ges it would come out, as I un de rst an d it, to abo ut $350,000 each ?

Ju dg e Campbell. Certainly.

Salaries of J udges

Air. Rooney. The first of the items is entitl ed “Salaries of jud ges.”

Ju dg e Campbell. Yes, sir.

Air. R ooney. And is a t pag e 2 o f H ouse D ocumen t 430.

We shall ins ert at this point in the rec ord pages 1 throug h 8 of t he 

just ificatio ns.

(The p ages follow:)

Salaries of judges, 1967 (request, $1,395,000)

Request pending----------------------------------------------------------------1

 $14, 810. 000

Proposed amendment______________________________________ 1, 395, 000

Revised requ est_____________________________________ 16, 205, OOO

1

 P. 43 of b u d g e t appen dix .

LANGUAGE CHA NGE

It is requested that a proviso be included in the tex t of the appropriation for 

fiscal year 1967 which would make the fund s available for liquidation of obligations incurred in fiscal year 1966 b ut only to the extent of obligations rela ting 

direc tly to the creation of additional judgeships. Such language would obviate 

the need for the consideration of a supplemental or deficiency appropriation request for fiscal y ear 1966, in the event of the appointment and entry on duty of 

new judges prior to July 1, 1966. In effect, the ad ditional fund s requested here-
115

in, although based on the ann ual cost of the judgship legislation, represe nt an 

estimate of obligations to be incu rred over a period of 15 months from April 

1966 through Ju ne 1967.

ju st if ic a t io n

It is estimated th at an additional $1,395,000 will be required in fiscal year 1967 

for the sta tutory salaries, including rela ted personnel benefits, of circuit and 

dis trict judges to be appointed under authority of Public Law 89-372, approved 

March 18, 1966 ( 80 Stat. 75). The Act provides for the appointment of 

forty-five (45) additional judges, ten (10) in the United States Courts of Appeals and thirty-five (35) in the United States District Courts. Fou r of the 

circ uit judgeships and five of the d istrict judgeships were created on a temporary 

basis with the provision that the first vacancy occurring in the particular circuit 

or district shall not be filled. The Act also created two new additional judicia l 

dis tric ts in the State of California and provides for the holding of d istr ict court 

at Redding, Oakland, and San Jose. The provisions rela ting to the new distr icts 

and the appointment of five additional judges for Californ ia become effective 

six months after the date of enactment.

The Act increased the number of authorized circ uit judgeships from 78 to 88 

and the district judgeships from 306 to 341, for an overall increase of 45 judgeships, from 384 to 429. Exhibits “A” and “B” show the number of judgeships 

authorized for the several United States Courts of Appeals and the District 

Courts before and after the passage of the ju dgeship legislation.

The original budget estimate of $14,810,000 for “sala ries of judges” for fiscal 

year 1967 was to provide for the compensation and rela ted personnel benefits 

for an average of 469 judges; 374 active circuit and dis tric t judges, and 95 

senior and resigned judges. A savings (lapse) due to judgeship vacancies equivalent to the compensation and benefits of 10 judges was antic ipated in establishing the i nitial budgetary requirements.

It is estim ated th at on an annual basis an additional $1,395,000 will be required for the salaries and benefits of the new judges. The estimate is based on 

what is considered a normal level of vacancies and takes into account savings 

(lapses) equivalent to the salary of a dis trict judge. The total anticipa ted 

savings in 1967 is $339,500, based on an average of eleven judgeship vacancies. 

The budg etary requirements relating to th e judgeship legislation were calcu lated 

as follow s:

N um be r of 

judges

To tal salary 

an d ben efits

Pe rso nnel comp ensation :

Circ uit ju dges, at $33,000 per a nnum .. 

D istri ct jud ges, at $30,000 per an num .

To ta l new judge ships_____________

Ded uc t lap ses ____ _____________ —

Tot al (ne t) person nel c om pensa tion

Pe rso nnel benefits:

Life insu ranc e.......... ................................

Hea lth b enefits__________ _________

JS A F .................................. .......... ............

$2,800

3,500

38,700

10

35

45 -1

44

$330,000 

1,050, 000

1,380,000 

-30,00 0

1,350,000

Tot al pe rsonne l benefits. 45,000

Bud ge tary req uiremen ts_________________________________________ 44 1,395,000

The amounts included in the above table for “Personnel Benefits” represe nt 

the Government’s contributions into the respective fund s for judges electing to 

partic ipate in the Jud icia l Survivors’ Annuity System, the Group Life Insu rance 

and Health Benefits Programs. The budgetary requirements were established 

as follow s:

Group life insurance

The sum of $130 per year ($6.50 per thousand per yea r) is deducted from the 

salary of a judge for $20,000 life insurance coverage. The Government is required to contribute an amount equal to 50 percent of the sum contributed by 

the judge, or $65 per year. One hundred percent partici pation is anticipated.
116

Health benefits

The Government is required to contribute the sum of $81.12 per year toward 

the cost of health insurance coverage under a family contract and $33.S0 per 

year under a self-only contract. Premiums (payroll deductions) to be paid by 

a judge vary, depending upon the plan (type of coverage) in which he elects 

to enroll. Based on past experience, full participation is anticipated.

Judicial sur vivors’ annuity fu nd

A judge electing to par ticipate in the Jud icia l Survivors’ Annuity System must 

contribute (payroll deductions) a sum equal to 3 percent of h is gross salary. A 

circ uit judge would contribute $990 per year and a district judge $900 per year. 

The Government contributes a matching amount for deposit into the fund. Based 

on cur rent participa tion of judges in the system, it is expected th at approximately 

93 percent of the new judges will elect to participate.

Sa la rie s o f J udges

Program and financing

[In th ou sand s o f dollars!

1967 request 

pending

1967 proposed 

am en dm en ts

1967 rev ised 

request

Pro gra m by a ctivities : Sala ries an d ben efits (obli gations)____

Fin ancin g: Ne w obligational au th or ity (a pp ro pr iation )______

Re lat ion of oblig ations to e xpe nditures:

To tal oblig ations (affecting e xp en ditures)_______________

Ob liga ted balanc e, st ar t of yea r. . . . _________

14,810 

14,810

1,395

1,395

16,205

16,205

14,810 

1,201 

-1 ,2 26

1,395 16,205

1,201

Obligate d balan ce, e nd of yea r_______ _______________ -1,341

Ex pe nd itu res_________________________ . . . . ..

-1 15

14,785 1,280 16,065

Object classification

[In t ho us an ds of dollars]

1967

req ue st

pending

1967

propos ed

am en dm en ts

1967

rev ised

request

Person nel c ompen sation:

Pe rm an en t positions (judgeships ) . .. ........ .............

Othe r person nel compens atio n (senior an d resign ed 

judges) . . ___ _ _____ ____________ .. ____

11,445

2,870

1,350 12,795

2,870

To ta l person nel c om pe nsation . ._ ____

Person nel b en efits _________ . . _________ ____________

Ben efits for form er pe rs on ne l' ____________________________

14,315 

460 

35

1,350

45

15,665

505

35

To tal ob ligations________ . ____ . __________ _ 14,810 1,395 16,205

1

 W idows of Supre me Cou rt Jus tices.

Personnel summ ary

1967

request

pending

1967

propos ed

am en dm en ts

1967

rev ised

request

To tal nu m be r of pe rm an en t positions:

Ci rcuit jud ge sh ip s____ .. __________________ ______ 78 10 88 D istri ct judgesh ips . ______ ___ . _ ___. . _____ 306 35 341

Fu ll- tim e eq uiva lent of oth er positions: Senior an d resigned 

jud ge s___ _______. . .. . . . ............... . ............................. 95 95

Averag e n um be r of all ju dg es ____________________ _ ___ 469 44 513
117

Detail of personnel compensation

1967 req ue st 

pending

1967 propose d 

am en dm en ts

1967 re vised 

requ est

Num ­

ber

To tal

salary

Num ­

be r

To tal

salary

N um ­

ber

To tal

salar y

Special pos itio ns at an nu al rates (circuit 

an d distr ict judgeshi ps):

$33,000, cir cuit ju d g e ................. . . 78 $2,574,000

30,500 

9,150,000

10 $330,000 88 $2,904,000

30,500 

10,200,000

$30,500, distr ict jud ge (D istri ct of 

lu m bia )... ................................ 1 1

$30,000, dis trict judg e . ______ . 305 35 1,050,000 340

To tal judge ships........... ............ . . . 384 11,754,500 

-309 ,500

45 1,380,000 

-3 0, 00 0

429 13,134,500 La ps es......... ............ _ -1 0 —1 -1 1 -33 9,5 00

Average nu mbe r, ne t sa la ry .. 374 11,445,000

2,870,000

44 1,350,000 418 12,795,000

2,870,000

Spec ial person al service pa ym en ts: Compensation of senior an d resigne d judges

To tal person nel c om pe nsation_____ 14,315,000 1,350,000 15,665,000

Judge Campbell. Of course we will not need the language change 

that is mentioned on page 1 thereof, Mr. Chairman.

Mr. Rooney. This request is in the amount $1,395,000 additional. 

What about this, Judge Campbell ?

Judge Campbell. Yes, this is correct, for the 45 judgeships allowing for the lapse of $30,000 for one judgeship. We assume also that 

since there will be a late appropriation that some of this, too—I think 

you have the figures or they should be furnished by the Administrative 

Office—that there will be some reduction. But we have allowed a 

lapse of one judgeship in arriving at the figure.

Mr. Rooney. What is your latest estimate as to the amount that 

will be required if and when this bill becomes law ?

Mr. Anderson. Mr. Chairman, for the salaries of judges, $1,395,000. 

For 9 months, we would need $1,017,000 as far as this supplemental is 

concerned.

Salaries of Supporting Personnel

Mr. Rooney. The next of the items is entitled “Salaries of supporting personnel'’ and is also to be found at page 2 of House Document 

430. It is a request for $1,775,000 additional.

We shall insert at this point pages 9 through 23 of the justification 

book.

(The pages follow:)

Salaries of supporting personnel, the judic iary, 1967 request, $1,775,000

Request pending__________________________________________ 1

 ,$37. 433. 000

Proposed amendment______________________________________ 1. 775, 000

Revised request_____________________________________ 30. 208, 000

1

 P . 44 of budget appendix .

I.ANGUAOE CHA NGE

It is requested that a proviso be included in the tex t of the appropriation for 

fiscal year 1967 which would make the funds available for liquidation of obligations incurred in fiscal year 1006 but only to the extent of obligations rela ting 

directly to the creation of additional judgeships. Such language would obviate
118

the need for the consideration of a supplemental or deficiency appropriation 

request for fiscal yea r 1966, in the event of the appointment and entry on 

duty of new judges prio r to July 1, 1966. In effect, the additional funds requested herein, although based on the ann ual cost of the judgeship legislation, 

repre sent an estimate of obligations to be incurred over a period of 15 months 

from April 1966 through Jun e 1967.

JU ST IF IC AT IO N

It is requested that an additional $1,775,000 be appropriated for fiscal year 

1967 for the employment of law clerks, secretaries, and other supporting personnel required by reason of the enactment of Public Law 89-372, approved 

March 18, 1966 (80 Stat. 75). The Act provides for the appointment of 10 

additio nal judges for the United States Courts of Appeals and 35 additional 

judges for the United States Distric t Courts. The Act also estab lishes two 

additional judicia l districts and three new places of holding court in the State 

of California.

Each circ uit judge will require a staff consisting of a law clerk and secretary; 

and each dis trict judge a staff consisting of a law clerk, secretary, crier, court 

reporter, and a courtroom deputy. The la tte r employee would be assigned to 

the Clerk of the Court. Fund s will be needed to provide an ass istant secretary 

for each of five distric t judges who by reason of the creation of additional 

judgeships in the ir respective distric ts became chief judges of district courts 

having five or more dis trict judges and, consistent with the provisions of Section 752 of Title 28 of the United States Code and the limitation contained in 

tex t of this appropriation on the aggregate salarie s of law clerk s and secretaries, will be entitled to an assistan t secretary . It will be necessary also to 

adjus t the sala ries of four Clerks of Court who heretofore were classified as 

serving in “medium-size” dis tric ts but, as a result of the additional judgeships, 

will be classified a s serving in “lar ge” d istricts.

In addition to the requirements relating to the new judgeships, provision has 

been made for th e employment of a Clerk of Court and Chief Deputy Clerk in each 

of the new d istr icts in Califo rnia and a deputy to serve at each of the three new 

places of holding court—Oakland, Redding, and San Jose. Provision also has 

been made for the appointment of a Chief Probation Officer an d a clerk-stenographer in each of the new judicia l districts. The following table shows the 

number of add itional positions requested and the to tal annual c os t:

Num ber of Total salary 

positions and benefits

Personnel compensation:

Relating to new judgeships:

Law clerks, grade JSP-10, at $8,184 per ann um _________________

Secretaries, grade JSP -9, at $7,479 per ann um ....... ........... ...................

Assistant secretaries, grade JSP-7, a t $6,269 per annum___________

Criers, grade JS P-5, at $5,181 per an num .. . . . . . . . . . . . . . . . ............ .

Cou rt reporters, ungraded, at $9,267 per an num___________ _____

Courtroom deputies, grade JSP-9, at $7,479 per a nn um _____ _____

Salary adjustments for 4 clerks of court from $19,166 to $20,720_____

Relating to additional districts in California:

Clerks of court, ungraded, at $15,022 per a nn um _________________

Chief deputy clerks, grade JSP-12, at $10,619 per annum__________

Resident deputies (Oakland, Redding, and San Jose), grade JSP-7,

at $6,269 per an num____ __________________________________

Chief probation officers, grade JSP-13, at $12,510 per an nu m ______

Clerk-stenographers (probation offices), grade JSP -5, at $5,181 per 

an nu m___ ______ ____________ ____ ____________________

45

45

5

35

35

35

2

2

3

2

2

$368,280

336,555 

31,345 

181,335 

324,345 

336,555 

6,216

30,044

21,238

18,807 

25,020 

10,362

Tota l, new positions and salary adju stm ents___

Pa y above sta ted ann ual rate (extra d ay)_________

Deduct lapses (anticipated savings due to vacancies)

Net permanent (average number, net salary).........

Personnel benefits:

Retirement____ ______ __________________________

Life insurance____ __________________________ ____

Hea lth benefits___ __________________ ____________

$107,000 

5,500 

12,500

211

—6

205

1,690,102 

6,500 

-46,602

1,650,000

Total, personnel benefits 

Bud geta ry requirem ents

125,000 

1,775,000
119

Law cler ks an d se cr etar ies

Th e auth ori ty fo r th e ap po in tm en t of la w cler ks an d se cr et ar ie s by cir cuit 

ju dg es is co nt ai ne d in Secti on 712 of T itle 28 of th e United Sta te s Cod e. D istr ic t ju dg es by auth ori ty of Se cti on 752 of T it le 28, U ni ted S ta te s Cod e, m ay 

ap po in t ne ce ss ar y law cler ks an d se cr et ar ie s. Con sisten t w ith th e la ng ua ge 

of th e ap pr op ri at io n fo r “Sal ar ie s of Su pp or tin g Per so nn el ” th e co mpe ns atio n 

of se cr et ar ie s an d law cler ks of ci rc uit an d dis tr ic t ju dg es sh al l be fixe d by 

th e D irec to r of th e A dm in is tr at iv e Office of th e U ni te d S ta te s Cou rts w ithout 

re gard to th e Class ifi ca tio n Act of 1949, as am en de d, ex ce pt th a t th e sa la ry of 

a se cr et ar y sh al l co nform w ith th a t of th e Gen er al Sc he du le gra des (G S) 

5, 6, 7, 8, 9, or 10, as th e ap po in ting ju dg e sh al l de term in e, an d th e sa la ry of 

a law cl er k sh al l co nform w ith th a t of th e G en er al Sc he du le gr ad es (G S) 7, 8, 

9, 10, 11, or 12, as th e ap po in ting ju dg e sh al l de term in e, su bj ec t to review by 

th e Ju dic ia l Co nferen ce of th e U ni ted Sta te s if re qu es te d by th e Dire ct or , su ch 

de te rm in at io n by th e ju dge o th er w ise to be final. Th e A pp ro pr ia tio n Act fu rt h er 

pr ov ides, “T hat (e xc lu sive of st ep in cr ea se s co rres po nd in g w ith th os e pr ovide d fo r by T it le V II of th e Clas sif icati on Ac t of 1949, as am en de d, an d of 

co mpe ns ation pa id fo r te m pora ry as si st an ce ne ed ed be ca us e of an em erge nc y) 

th e ag gr eg at e sa la ri es pai d to se cr et ar ie s an d law cl er ks ap po in te d by one ju dg e sh al l no t exceed $18,803 per an nu m , ex ce pt in th e ca se of th e ch ie f ju dg e of 

ea ch ci rc uit an d th e ch ief ju dge of ea ch dis tr ic t co urt hav in g five or more dis ­

tr ic t ju dg es in which case th e ag gr eg at e sa la ries sh al l not exceed $25,072 per 

an nu m .” Th e am ou nt re qu es te d he re in fo r la w cl er ks an d se cr et ar ie s to ju dg es is ba se d 

on th e clas sifica tio n of law cler ks in gra de .TSP -10 a t $8,184 per an nu m an d se cr et ar ie s in gr ad e JS P -9 a t $7,479 per an nu m. On th is ba sis, th e sa la ri es of 

la w cl er ks an d se cr et ar ie s to th e new ju dg es wo uld ag gr eg at e $15,663 which is $3,140 below th e do llar lim itat io n of $18,803. The gr ad e cl as sifica tio ns wi ll, 

of co urse, va ry de pe nd ing up on th e qu alific atio ns of th e ap po intees . How ev er, 

ba se d on p ast ex pe rie nc e, it is ex pe cted th a t th e la w cl er ks an d se cr et ar ie s to 

th e ne w ju dg es will, on th e av er ag e, be clas sif ied in gr ad es JS P -1 0 an d JS P -9 , 

re sp ec tiv ely.

Co urt re po rter s

U nd er th e pr ov isions of Se cti on 753 of T it le 28 of the U ni te d Sta te s Code, each 

dis tr ic t co urt of th e U ni ted S ta te s sh al l ap po in t one or mo re court re po rter s. 

T he nu m be r of re port ers an d th eir sa la ri es are de term in ed by th e Ju dic ia l Co nfere nc e of th e U ni te d Sta te s. Such re port er s sh al l att end al l sessions of th e 

co ur t to re co rd ve rb at im , by sh ort han d or m ec ha ni ca l means, all proc ee ding s in 

cr im in al ca se s an d oth er ca se s un less th e part ie s th er et o, w ith th e ap pr ov al of 

th e pr es id in g ju dg e, sh al l specifically ag re e to th e con tr ar y. The num be r of 

re port ers pr es en tly has be en fix ed by th e Ju dic ia l Co nfere nc e, w ith on ly a few 

ex ce ptions, a t one re port er fo r ea ch dis tr ic t judg e. Th e Ju dic ia l Co nfere nce, 

co ns is te nt w ith th e pr ov isio ns of Se cti on 75 3( e) of T itle 28 of th e U ni ted S ta te s 

Code, as am en de d, has fixed th e sa la ri es of a ll re port er s a t $9,267 per an nu m. 

Cr ier s

Eac h dis tr ic t ju dg e by a u th o ri ty of Se ction 755 of Title 28 of th e U ni te d Sta te s 

Code m ay ap po in t a cri er fo r th e co urt in wh ich he pr es id es wh o sh al l pe rfor m 

also th e du ties of ba ili ff an d messeng er. Th e D irec to r of th e A dm in is tr at iv e 

Office of th e U ni te d S ta te s Cou rts is au th orize d by Secti on 691(a ) (5 ) of T itle 

28 of th e U ni ted S ta te s Code to fix th e co mpe ns ation of cr ie rs . Th e Ju dic ia l 

Co nferen ce has ap pr ov ed th e clas sifica tio n of cri ers in gra de JS P-5 .

Cou rtr oo m de pu ties

Add iti on al pe rs on ne l will be re qui re d in th e offices of th e Clerk s of th e U ni te d 

S ta te s D is tr ic t Cou rts fo r as sign m en t to th e ne w ju dg es to se rv e in th e ca pa ci ty 

of co ur troo m de pu tie s. Th e auth ori ty fo r th e ap po in tm en t of th es e de pu ties is 

co nt ai ne d in Se cti on 75 1( b) of T itle 28 of th e U ni te d S ta te s Code. Pro vi sion 

has been mad e fo r 35 co ur troo m de pu tie s o r one de pu ty fo r ea ch of th e 35 ju dg es 

to be ap po in te d to th e U ni ted S ta te s D is tr ic t Co urts.

A co ur troo m de pu ty is resp on sibl e fo r re pre se nting th e Cler k of Cou rt in 

m att ers re la ti ng to co ur troo m ad m in is tr at io n an d pro ce ed ings. H e co nf er s w ith 

a tt o rn e y s; ca lls co urt c a le n d a r; no tes th e ap pe ar an ce of coun sel in m att ers be ­

fo re th e c o u rt; sw ea rs w itn es se s an d in te rp re ts ; im pa ne ls th e ju ry an d adm in is te rs oa th s to ju ro rs ; re co rd s proc ee ding s an d ru lings fo r m in ut es of th e 

***»,rt; and files ex hi bi ts. He al so pre par es ver di ct s an d ju dg m en ts fo r th e
120

signatu re of the jud ge; prepares certified copies; notifies counsel of entry of 

judgment; keeps records of attendance of j uro rs ; is responsible for correct entry 

of judgments and other actions of court in d ock ets; orders books and other court 

records. In addition, he taxes costs ; prepares statistical records of cases, assists 

in general work of the Clerk’s Office when not engaged in courtroom duties. 

Personnel benefits

In addition to the amount that will be required to compensate the law clerks, 

secretaries, and other suporting personnel, it is estim ated that on an annual 

basis the sum of $125,000 will be required for related personnel benefits— Government contributions under the Civil Service Retirement Act, as amended, the 

Federal Employees Group Life Insu ranc e Act of 1054, and the Federal Employees 

Health Benefits Act of 1959. The budgetary requirements were established as 

follow s:

Retirement

All of the ]M»sitions requested herein are expected to be covered under the 

Civil Service Retirement Act. The salary of each employee will be subject to a 

withholding of 0.5 percent therefor. The Government is required to contribute 

a matching amount for deposit to the credit of the Civil Service Retirement 

Fund.

Life insurance

Employees who do not waive life insurance coverage are subject to biweekly 

payroll deductions at the rat e of 25 cents per thousand dollars of insurance, or 

$0.50 per thousand per year. The Government shares the cost of the insurance 

by contributing into the fund an amount equal to 50 percent of the sum contributed by the employees, or $3.25 per year per thousand dollars of insurance 

coverage. Based on curre nt participation in the Life Insuranc e Program, it is 

expected th at about 10 percent of the employees will waive life insurance 

coverage.

Health benefits

Employees may elect to partici pate in the Government’s Health Benefits Program. The cost of health insurance is shared by the employees and the Government. The premiums to be paid by the employees (payroll deductions) vary 

depending upon the type of coverage. The Government contributes $81.12 per 

annum toward the cost of a family contract, $33.SO per year toward the cost of 

a self-only contract, and $47.32 per year toward the cost of a family contract 

for a female with a non-dependent husband. Based on current participa tion 

by court employees in the Health Benefits Program, it is estim ated that 90 percent of the new’ employees will elect to participate. The cost of the Government 

per employee is expected to average approxim ately $65.

Sa la r ie s of S u pp o r tin g P er so n n el

Program and financing

[In t ho us an ds of dollars]

Program by activities : Sala ries an d benefits:

Dire ct p ropram ................................. ..........................................

Re im bu rsab le p rogram .......... ............... ................. ...............

Tot al ob liga tion s ...................................................................

Financing : Rec eip ts an d reim bu rsem en ts from ad ministra ­

tiv e b udget a ccounts ...................................................... . ..........

New obligational au th or ity (app ro pr iatio n) ......................

Re lation of obliga tion s to ex pen diture s:

Tot al o bligations......................................................... ...............

Re ceipt s a nd o ther offsets.........................................................

Ob liga tion s a ffecting expen diture s. . ................................. .

Obligate d bala nce, st ar t of ye ar ................................................

Ob ligate d balance, end of yea r............... ........................ ........

Ex pe nd itu res.............................................................................

1967 re quest 

pending

1967 proposed 

am en dm en ts

1967 revis ed 

req ue st

37.433 

15

1,775 39,208

15

37,448 1, 775 39,223

-1 5 -1 5

37, 433 1.755 39,208

37, 448 

-1 5

1,775 39,223

-1 5

37, 433 

833

1,775 39,208

833

-8 83 -4 5 -9 28

37,383 1,730 39,113
Object classification

[In tho us an ds ol dollars]

Dire ct ob liga tion s:

Pe rso nnel comp ensation :

Pe rm an en t posit ion s............... ............ ............ .........

Pos itio ns othe r th an pe rm an en t.............................

Spec ial person al service pa ym en ts....................... .

Other pe rsonne l c om pe nsation................................

Tot al pe rso nnel c om pe ns ation______________

Pe rso nnel benef its______________________________

Tot al (direct) oblig ati ons________________ ______

Re im bu rsab le obligation s:

Pe rm an en t pos itions (to tal p ers onnel co mp ensation )

Perso nnel benefit s................................ ............................

To tal (re imbursa ble ) oblig ati ons................................

To tal o bligations...........................—.............................

1967

request

pend ing

1967

pro pos ed

am en dm en ts

1967

rev ised

requ est

34,244 

496 

47 

88

1,650 35,894 

496 

47 

88

34,875 

2, 558

1,650

125

36, 525 

2,683

37,433 1,775 39,208

14

1

14

1

15 15

37, 448 1,775 39,223

Personnel summary

1967

req ue st

pe nding

1967

proposed

am en dm en ts

1967

rev ised

requ est

Tot al num be r of pe rm an en t pos itio ns _____________________ 4,237 211 4,448

Fu ll- tim e eq uiva lent of oth er po sition s_________ _____ ______ 92 92

Avera ge n um be r of all em plo yees_________________________ 1 4.167 205 4.372

1

 Erro neously st ated in bu dg et d ocum ent as 3,932.

Detail of personnel compensation

1967 re quest 

pending

1967 pro pos ed 

am en dm en ts

1967 re vised 

request

Num - To tal

be r salar y

Gr ad es an d ranges:

Special position s at rates eq ua l to or in 

excess of $17,055:

$20,720:

Re giste r of Wills, D istri ct of Colu m bi a______ ____ _____ _____

Pr et rial exa miner, D istri ct of Colu m bia ___ ____________________

Ch ief proba tio n officer____________

Clerk of c o u rt .......... . . ...................

$19,166: Clerk of co ur t..........................

$18,130: Clerk of co urt .............................

$17,220: Pre tria l exami ner, N ew Y ork .. 

Grades e sta blished b y the J ud icial C onference of the United States ( equiv ale nt to GS gr ade s):

JS P- 15 . $17,055 to $22,365:

Cha irman , Comm ission on M en tal

He alt h, D istrict of Colu m bi a____

Adm in istra tiv e Assist an t to th e 

Ch ief Judg e, Distri ct of Col um bia. 

C hief proba tio n officer___ _________

JS P-14 . $14,680to $19,252:

Motions com missioner, Distri ct of

C ol um bi a....... . ...................................

Ch ief de pu ty , Regis ter of Wi lls,

Distri ct of C olum bia........................

Ch ief probatio n officer..................—.

Ch ief d ep ut y cler k. ______________

1

1

1

16

12

33

$20, 720

20,720 

20,720 

331,520 

229,992 

598,290 

34,440

1 18,825

1 19,415

5 98,255

1 16,204

1

37

10

16,204 

600,564 

161,532

Num ­

be r

To ta l

salar y

4

—4

$82,880

-76,66 4

Num -

ber

To tal

salar y

1 $20,720

1 20,720

1 20,720

20 414,400

8 153,328

33 598,290

2 34,440

1 18,825

1 10,415

5 98,255

1 16,204

1

37

10

16,204

600,564 

161,532
Detail of personnel compensation—Continued

1967 re quest 

pen din g

1967 p ro po se d 

am endm ents

1967 r ev ised 

re ques t

N u m ­

ber

T o ta l

sa la ry

N u m ­

ber

T o ta l

sa la ry

N u m ­

b er

T o ta l

sa la ry

G ra d e s a n d r a n g e s — C o n ti n u e d 

G ra de s est ablish ed b y e tc—C onti nued

JS P-1 3. $12,510 t o $16,425______ ____

JS P-1 2. $10,619 t o $13,931____________

JS P-1 1. $8,961 t o $11,715....... ................. .

JS P-1 0. $8,184 t o $10,704____ ________

JS P -9 . $7,479 to $9,765......... . ..................

JS P -8 . $6,869 to $8,921............................ .

JS P -7 . $6,269 to $8,132.................. ......... .

JS P -6 . $5,702 to $7,430......... ......... ......... .

J8 P -5 . $5,181 to $6,720....... ......... . ......... .

JS P -4 . $4,641 to $6,045___ ____ ______

JS P -3 . $4,149 t o $ 5 ,4 0 9 ..._____ ______

JS P -2 . $3,814 to $4,975______________

U ngra ded p osi tions a t r at es equiv ale nt t o: 

$14,680 o r ab ov e:

$16,204: A ss is ta nt p re tr ia l ex am in er. ..

$15,022: C le rk of co u rt_______________

Le ss t h a n $14,680___ ____ _____ ______

T o ta l p erm an en t__________________

P a y a bo ve t h e s ta te d an n u al ra te ________

L apse s___________________ _____ ________

P o rt io n o f sa la ries s ho w n ab ov e pai d f rom 

o th er acco unts ________________________

N et p erm an en t (ave rage nu m b er,

n et sa la ry )______________________

Posi ti ons o th er th a n p erm an en t:

T em p o ra ry e m p lo y m en t.............. ..............

P art -t im e e m p lo y m en t________________

Spe ci al pe rs on al se rv ice pay m en ts : P a y ­

m en ts to o th er ac co unts for re im burs ­

ab le d eta il s__________ ____ ____________

O th er pe rs on ne l co m pen sa tion: A d d iti onal p ay for se rv ice ab ro ad ___________

T o ta l pe rs on ne l com pen sa tion_____

Sal ar ie s an d w ag es ar e d is tr ib u te d as 

follow s:

D ir ec t obli gat io ns___ _____ ____________

R eim b u rs ab le o bl ig at io ns ____ _________

91

499

173

453

534

222

514

311

624

223

10

85

1

38

337

4,237

-1 0 7

- 5 5

4,07 5

268, 040 

780,961 

676,937 

218,072 

150,758 

674,942 

465,905 

970,122 

582,297 

077,999 

42,8 90 

345,8 62

$25, 020 

21,238

368,280 

673,110

50,152 

191,697

93

501

173

498

614

222

522

311

661

223

10

85

$1,2 93,0 60

5,80 2,19 9 

1,676,937 

4,586,35 2 

4,823,86 8 

1,674,942 

3,516,05 7 

1,970,1 22 

3,773,994 

1,077,999 

42,8 90 

345,862

16,204 

570,8 36 

3,0 60, 069

35,0 89, 295 

135,305 

-6 31,6 00 

-3 3 5 , 000

34, 258,000

310,0 00

186,000

47,0 00

88,0 00

34, 889 ,00 0

34, 875 ,00 0 

14,000

30,044 

324,345

1

40

372

16,204 

600,880 

3,384,41 4

211

—6

205

1,69 0,10 2 

6,500 

-4 6,6 02

1,650,000

1,650,000

1,650, 000

4,44 8 

-1 1 3

- 5 5

4,2 80

36,779 ,397 

141,805 

-6 78, 202 

-3 35, 000

35,908 ,00 0

310,000 

186,000

47,0 00

88,0 00

36,539 ,000

36, 525,000 

14,000

Mr. Rooney. What have you to say about this, Judge Campbell ? 

Judge Campbell. This provides for the usual secretarial and legal 

assistants for each judge, and for the district judges a court reporter 

and courtroom deputy, and is at the present scale of salaries.

Mr. R ooney. How much lapse has been provided in this one? 

Judge Campbell. Percentagewise it is about the same. What does 

it amount to, Andy?

Mr. Anderson. A lapse of six positions or $46,602 on an annual 

basis.

Mr. Rooney. You are being quite conservative in the lapse rate. 

Judge Campbell. The judiciary is noted for its conservatism, Mr. 

Chairman, other than the western districts.

Mr. Lipscomb. Fa r West ?

Judge Campbell. Yes, Far West.

Mr. Rooney. ITow many of these judges have been appointed?
123

Mr. Sweeney. Five circuit judges and eight district judges have 

been appointed.

Air. Rooney. Wha t would be the proper figure, in place of the 

$1,775,000, if this were on an 8-month basis?

Judge Campbell. What is that figure?

Air. Anderson. I have a 9-month figure, about $1,300,000 instead of 

$1,775,000.

Air. Rooney. And 6 months ?

Air. Anderson. Six months, about $850,000.

Air. Rooney. It would seem tha t the taxpayer would he saving 

money at a faster rate as between 8 and 6 than between 12 and 8.

Judg e Campbell. Perhaps we are not as fast in our calculation.

Fees of J urors and Commissioners

Air. Rooney. The third of the items at page 2 of House Document 

No. 430 is entitled “Fees of Jurors and Commissioners” and this request is in the amount $600,000 additional. The justifications in regard thereto are to be found beginning at page 24 of the justification 

book. We shall insert at this point in the record t hat page together 

with pages 25 through 27.

(The pages follow:)

Fees of jurors and commissioners, 1967 (request, $600,000)

Request pending_________________________________________1

 $7, 400. 000

Proposed amendment____________________________________ 000. 000

Revised request_____________________________________ 8, 000, 000

1

 P . 45 of bu dg et ap pe nd ix.

LANGUAGE CHANGE

It is requested th at a proviso be included in the text of the appropriation for 

fiscal year 1967 which would make the funds available for liquidation of obligations incurred in fiscal year 1966 to the extent that such obligations a re related 

to the creation of additional judgeships. Such language would obviate the 

need for consideration of a supplemental or deficiency appropriation for fiscal 

year 1966, in the event of an increase in petit jury costs resulting from the activities of the new judges. In effect, the additional funds requested herein, although 

based on the projected annual increase in petit jury costs, represent an estimate of requirements over a period of 15 months, April 1966 through June 1967.

JUSTIFICATION

It is estimated tha t an additional $600,000 will be required annually for fees 

and allowances of petit jurors by reason of the activities of the additional distric t judges to be appointed pursuant to the Act of March 18, 1966, P.L. 89-372. 

Peti t jury trials and tria l days are expected to increase in direct proportion to 

the increase in the number of district judges which is approximately 11 percent. 

The original estimate of petit jury costs for 1967, taking into account recent 

statut ory increases in the attendance fees and subsistence allowances of jurors 

was $5,500,000. Based on the projected increase in tria ls and tria l days, it is 

now estimated tha t petit jury costs in 1967 will approximate $6,100,000. A 

table showing petit jury costs over the past 10 years is contained on page 110 

of the written justifications submitted to the Appropriations Committees of the 

Congress in support of the Judicia ry budget estimates for fiscal year 1967.
124

Program, and financing

[In thousands of dollars]

1967

req res t

pending

1967

proposed

amendments

1967

revised

request

Program by activities:

1. Grand juries_______________________________

2. Pe tit juries.......... .....................................................

3. U.S. commissioners_________________________

Total obligations_________________________

Financing: New obligational autho rity (appropriation)

Rela tion of obligations to expenditures:

Total obligations (affecting expenditures)_________

Obligated balance, start of year_________________

Obligated balance, end of year__________________

Exp enditures_______________________________

900

5,500

1,000

7,400 

7, 400

600

900

6,100

1,000

600 8,000

600 8,000

7,400 600

465 ................... .

-580 -4 0

8,000

465

-620

7,285 560 7,845

Object classification

[In thousa nds of dollars]

Personnel compensation:

Special personal service paym ents:

Fees of U.S. commissioners_________________ _____

Fees of jury commissioners___ ___________ ______ _

Fees of jurors______ _____ _______ ________ ______

Total personnel compensation__________ ______ _

Personnel be nefits......... . ......... .......................... ........... J ..........

Travel and tran sportation of persons (jurors)........... ...............

Other services (meals and lodging furnished sequestered

jurors)____________________________________________

Tota l obligations________________________________

1967

request

pending

1967

proposed

amen dments

1967

revised

request

950 950

10 10

4,430 415 4,845

5,390 415 5,805

50 50

1,875 175 2,050

85 10 95

7,400 600 8,000

Mr. Rooney. How is this amount arrived at?

Judge Campbell. This is arrived at on the basis of the experience 

we had on the last omnibus bill and on the increase of demand for 

jurors proportionately to the increase of district judges added to the 

rolls. The experience has been that as new district judges are added, 

naturally more trials proceed sooner and more jurors are needed. 

This is to provide for petit jurors only. This does not include any 

increase in grand jurors’ cost. The experience on which we base this 

estimate is the 15 months between April 1966 and June 1967. We are 

estimating on the basis of our experience with the last addition to the 

district judge staff, which was the previous omnibus bill of 2 or 3 years 

ago.

Mr. Rooney. This is strictly an estimate, is it ?

Judge Campbell. Yes, sir.

Travel and Miscellaneous E xpenses

Mr. Rooney. The next and fourth item at page 2 of the same House 

document is entitled “Travel and Miscellaneous Expenses.” It is a 

request in the amount of $865,000 additional.
125

We sha ll ins ert at this po int the justifi cation s in rega rd the reto, to 

wit, pa ges 28 thro ug h 40 of th e justification book.

(The pages follo w:)

Travel and miscellaneous expenses, U.S. courts, 1967 (request, $865,000)

Req ue st pe nd ing-------------------------------------------------------------------------- i $5, 5 7 0 j 0 <M) Pr op os ed am en dm en ts____________________________________________ 865 000

Rev ised re ques t------------------------------------------------------------------- 6, 43 5, 00 0

1

 P . 46 of bu dg et ap pe nd ix.

LANGUAGE CHA NGE

It is re qu es ted th a t a pro viso he in clud ed in th e te x t of th e ap pro pri at io n fo r 

fiscal y ear 1967 which wo uld mak e th e fu nd s av ai la ble fo r liqu id at io n of ob lig ation s in cu rr ed in fiscal yea r 1966 bu t on ly to th e exte nt of ob lig atio ns re la ti ng 

di re ct ly to th e cr ea tion of addi tional ju dg es hips . Su ch la ng ua ge wo uld ob vi at e 

th e ne ed fo r th e co ns id er at io n of a su pp le m en ta l or deficiency ap pro pri at io n re ­

qu es t fo r fisc al yea r 1966, in th e ev en t of th e ap po in tm en t an d entr y on dut y of 

new ju dg es pri or to Ju ly 1, 11X56. In effect, th e ad ditio nal fu nds re qu es ted her ein, alth ou gh ba sed on th e an nual co st of th e ju dg es hi p legi slatio n, re pre se nt an 

est im at e of ob lig atio ns to be in cu rr ed ov er a pe riod of 15 m on th s from Apr il 

1966 th ro ug h Ju ne 1967.

JUST IFICAT IO N

Th e ad di tiona l fu nds re qu es ted he re in are re qui re d to im plem en t th e Act of 

M arch 18, 1966, Pu blic La w 89-3 72, which cr ea te d te n (10 ) ne w ju dg es hi ps fo r 

th e Cou rts o f App ea ls an d th irty -fiv e (35) ne w ju dg es hi ps fo r th e D is tr ic t Cou rts 

of th e U ni ted Sta te s. Thi s su pp le m en ta l ap pro pri at io n is ne ce ss ar y to co ve r th e 

ex pe ns es of tr av el of t he new ju dg es an d th eir staf fs in conn ec tio n w ith th e ho lding of te rm s of co urt o r pe rfor m an ce of oth er official du ties aw ay fro m th ei r 

h ead q u art ers ; th e nonr ec urr in g co st of eq uipp ing th eir ch am be rs an d offices 

(inc lu di ng t he e st ab lish m en t o f a li bra ry f or ea ch judge) ; an d th e c os t of pr ov id ­

ing co mmun ication fa ci lities , supp lie s, an d se rv ices es se ntial to th e day-to-day 

ope ra tion s of a U nited S ta te s Co urt. No prov ision is mad e in th is ap pro pri at io n 

fo r th e co st o f pr ov id ing co ur troo ms, c ha mbe rs, an d oth er office sp ace, no r is th er e 

an y prov ision fo r fu rn it u re or fu rn ishi ng s. Th e G en er al Se rvices A dm in is tr atio n is to bu dg et fo r sp ac e ac qu isitio n co st (lea se of bu ild ings or co ns truc tion 

of new bu ild in gs ) an d th e co st of te nant alt era ti ons re qu ired in ex is ting bu ilding s. The G en eral Se rvices A dm in is trat io n is to as su m e th e bud ge ta ry resp on sibility w ith re sp ec t to fu rn it u re an d fu rn is hi ng s re qu ired by th e new ju dg es an d 

th eir staffs.

Th e follo wing ta bl e show s by ob ject cl as sifica tio n th e su pp le m en ta l bu dg et ar y 

re qui re m en ts fo r th e re curr in g an d nonre cu rr in g ex pe ns es of th e Cou rts th ro ug h 

Ju ne 30, 1967, an d es tim at ed re qu irem en ts in succ ee ding ye ar s, a ft e r de du ctin g 

nonr ec urr in g expense s:

Requirem ents, fiscal year 1967 1

Recurring Nonrecurring Tota l

Memorandum 

of estimated 

annu al requirements, 

succeeding 

years

Travel (judges and staffs)__________________

Tra nsp orta tion of thin gs___________________

Rent and communications (including postage). 

Printing and reproduction (including prin ting

of opinions)____________________________

Other services_______________ ____________

Supplies............................................................. .

Eq uipment, general office____ _____ _______

Lawbooks, accessions................ ........... . .........

Lawbooks, c ontinuatio ns.................................

$135, 000 

2,000 

82 ,0 00

34 ,0 00

6,000

26 ,000

$9 0,00 0

490,00 0

$135,000 

2,00 0 

82 ,000

34 ,0 00

6,00 0

26 ,000

90 ,000

49 0,00 0

($ 13 5,00 0) 

(2 ,0 00) 

(8 2,0 00)

(3 4,00 0)

(6 ,000)

(2 6,00 0)

(7 5,00 0)

Total 285,00 0 58 0,00 0 86 5,00 0 (360, 000)

1

 Provides also for any expenses tha t m ay be incurred during the last 3 month s of fiscal year 1966.
126

Of the tota l supplemental request of $865,000 for fiscal year 1067, $580,000 is 

require d for the acquisition of capital assets and other nonrecurring expenses. 

These nonrecurring expenses will be deducted in establishing the budgetary 

requirements for fiscal year 1968.

The budgetary requirements were established on a unit cost basis—un it costs 

being derived from samplings of exi>enses currently being incu rred by judges 

and the ir supporting personnel. The nature of the expenses to be incurred and 

the unit costs applied follow ;

Travel (judges and staffs)

The travel requirements of the new judges and the ir supporting staffs, referred to elsewhere in these estimates, while engaged in official activities away 

from their official s tations will approxim ate $132,000 per year, $2,000 per circuit 

judgeship and $3,200 per dis tric t judgeship. A circuit judge when holding court 

away from his hea dqu arte rs ordinarily is accompanied only by his secretary 

and law clerk, whereas, a dis trict judge, in addition to his secretary and law 

clerk, requires the services of a cou rt r epo rter, a crier, and a courtroom deputy. 

At the present time, the travel requirements of a judge and supporting staff are 

somewhat higher tha n the provision made for the new judges. The overall 

average cost per judgeship currently is about $3,300, whereas, th e average amount 

requested in the 45 new judges is less than $3,000. Allowance has been made for 

a slight reduction in the present average cost per judgeship in th e belief that the 

increase in the number of judges thro ughout the country will result in some 

savings in travel. In addition to requirements of the new judges, the sum of 

$3,000 has been included for trav el by the two new probation officers to be appointed for the two new judic ial d istr icts in th e S tate of California.

Transportation of things

It is estim ated that an additional $2,000 or approximately $50 per judgeship 

will be required in fiscal year 1967 to cove r: (1) the cost of shipping supplies 

and equipment to the new judges; (2) the expenses incurred in affecting shipments of records and paraph ernalia from he adq uarters to outlying places of holding court for use during term s of court at such places ; and (3) the cost of shipping exhibits in cases which are appealed to high er courts.

Rent and communications

It is estim ated that $78,000 will be required annually to cover the cost of telephone facilitie s (including inter-city voice service) ; teletype and telegraph services ; postage and fees for regular mail, a ir mail, registered mail, parcel post, etc.; 

and the re ntal of post office boxes. The estimate is based on a unit cost of $1,500 

per circuit judgeship and $1,800 per dis trict judgeship. In addition to the 

requirements of the new judges, $4,000 has been included to cover the cost of 

additional telephone facilities which will be requ ired as a result of establishm ent 

of the two new distric ts in California.

Printing and reproduction

The recurring annu al cost of printing and reproduction of material occasioned by the activities of the new judges is estim ated at $33,500, of which 

$20,000 will be required for the printin g of the opinions of the new circuit 

judges and the remaining $13,500 to cover the cost of providing all of the 

new judges with stationery, envelopes, etc. The cost of prin ting the opinions 

of circuit judges is currently averaging $2,000 a year per judge, which is the 

basis on which the annual recurring budgeta ry requirements were established. 

The cost of providing stationery, envelopes, etc., was derived by the application 

of a unit cost of $300 per judgeship. The sum of 500 has been included to cover 

the prin ting requirements of the two new districts in the Sta te of California. 

O ther services

The sum of $6,000 has been included to cover the main tenance and repair 

of equipment, participation in health units, and other miscellaneous contractual 

services that may be required by the new judges and their staffs. The estim ate 

is based on uni t costs of $100 per circuit judgeship and $150 per district judgeship.
127

Sup plie s

The sum of $25,000 has been included to provide the usual supplies of office 

mate rials such as paper, carbon paper, ink, pencils, tiling materials, and the 

like, for the new judge s and their supporting personnel. The estimate was 

derived by the application of unit costs of $450 per circ uit judge ship and $600 

per district judges hip. The estimate for a distr ict judge is somewhat higher 

to cover the cost of supplies that would normally he consumed by his courtroom deputy. In addition to the requirements of the new judges , it is estimated 

that $1,000 will be required for personnel to be appointed in the two new 

districts in the State of Califo rnia.

Equ ipm ent, general office

It is estimated that $90,000 will be required for the acq uisition of general office 

equipment, $86,000 for the new judges and their staffs and $4,000 for the 

additiona l personnel to be appointed for the Clerks ’ Offices and probation offices 

in the new jud icial districts in Califo rnia. The estimate for the judges was 

derived by the applic ation of unit costs of $1,600 per circuit judges hip and 

$2,000 per district judge ship as follo ws :

C ir cuit

ju dges hi ps

D is tr ic t

ju dges hip s

E le ct ric ty p ew ri te r ( s e c re ta ry ).__ _____ _____________________________ $400 $400

Ele ct ric ty p ew ri te r (c our troom d e p u ty ). __________________________________ 400

M an u al ty p ew ri te r (la w cle rk )_______ ___ _____ . ______________ . . 200 200

D ic ta ti n g ’ eq u ip m en t, ph oto copy m ach in es , co py ho ld er s, p en se ts , br iefcases, etc __ ________ ____________________________________________ ___ ._ 1. 000 1. 000

T o ta l_______________________________________________________________ 1,600 2,0 00

It is expected tha t more than one-half of the judge s will request tha t they be 

provided dicta ting equipment. The cost of such equipment wil l vary . However, 

based on experience, it is estimated that the cost would average approxim ately 

$800 for two units, one for dictating and the other for transc ribing . In some 

cases, a judg e will require an additiona l typewriter for a freque ntly visited outlyin g place of holding court or adding machines and other equipment. The requirements of individual judge s vary , and the cost of providing equipment for 

some judges w ill necessarily be higher t han the c ost of equipment fu rnished other 

judge s.

Law boo ks, accessions

The sum of $490,000 is included to cover the cost of estab lishin g libraries for 

the new judges . A basic standard libra ry for a district judg e where there is no 

central libra ry availabl e is estimated to cost $12,000. At those places of holding 

court where there is a reasonably large and well-organized centr al libra ry, the 

lawbook requirements of a district j udg e will cost about $6,000. Appr oximately 

two-thirds of the judges will require a complete libra ry and, therefore, the average cost per district judg e is estimated at $10,000. In addition to the basic 

standard library, each of the circ uit judges will require the statutes, reports 

and other legal reference mate rial for all Stat es included in the circu it. Such 

additi onal mate rial is expected to cost $4,000 which would bring the average cost 

of a library for a circu it ju dge to $14,000.

Law boo ks, continuations

Fund s have not been requested under this headin g for fiscal year 1967; however, the sum of approx imately $75,000 will be required in 1968 and in succeeding 

years for continua tion mate rial for the libra ries of the new judge s. This estimate is based on past exjierienee which has demonstrated that the cost of maintain ing a library equals approx imately 15 percent of the initia l acquisit ion costs.

68- 160— 66------ 9
Program and financing

[In th ou sand s of dollars]

1967

request

pen din g

1967

propos ed

am en dm en ts

1967

rev ised

request

Prog ram by activities:

Tra ve l an d misce llan eou s expenses:

Dire ct pro gra m .._____ __________________________

Re im bu rsab le p ro gr am ___________________________

5,570

4

865 6,435 

4

Tota l obligations_______________________________

Fina nc ing:

Rec eipts an d reimbu rsem en ts from: Adm inistra tiv e 

bu dg et a cc ou nt s___________________________________

5,574

- 4

865 6,439

- 4

New obligational a uth ority (approp ria tio n)

Re lat ion of ob ligations to expen diture s:

Tot al o bligations___ _______________________

Receipts an d othe r off sets___________________

Ob ligations affe ctin g e xp en ditures__________

Ob ligate d balanc e, st ar t of yea r______________

Ob ligate d balan ce, e nd of yea r_______________

Ex pe nd itu res.

5,570

5,754 

- 4

5,570 

590

-6 10

5,550

865

865

865

-1 05

760

6, 435

6,439 

- 4

6,435

590

-7 15

6,310

Object classification

ll n tho us an ds of do llars]

Dire ct oblig atio ns:

Tr av el an d tran sp or ta tio n of persons.

Tra ns po rta tio n of th in gs ___________

Ren t, comm unica tio ns, and ut ilitie s.

Pr in tin g an d reprod uc tio n_________

Other servic es____________________

Tr an sc rip ts ordered by c ourt. . ..........

Supplies a nd m aterials.........................

Equi pm en t (general office)..................

Lawbooks, accessions._____ ______

Lawbooks, c on tin ua tio ns ____ ______

To ta l (direct) obligations.................

Re im bursa ble o blig atio ns:

Supplies an d materials............... . ........

Eq ui pm en t (lawbooks)...... .................

Tot al (reimbursable ) ob lig ations ... 

Tot al o bli ga tio ns ............... ...............

1967

req ue st

pending

1967

propos ed

am en dm en ts

1967

rev ised

req ue st

1,965 135 2,100

27 2 29

1,449 82 1,531

315 34 349

73 6 79

110 110

315 26 341

296 90 386

150 490 640

870 870

5,570 865 6,435

1 1

3 3

4 4

5,574 865 6,439

Mr. Rooney. What have you to say about this, Judge Campbell? 

Judge Campbell. This also is an estimate on the basis of our last 

experience plus an additional estimate on the same basis in the amount 

of $12,500 with reference to the State of California where two new 

districts have been created by the Congress. The experience is based 

largely on the territory to which the new judges are assigned by the 

act of Congress and the travel and miscellaneous expense experience 

which we have had heretofore in these areas. One change from 

previous experience is the creation of the new districts in California. 

Otherwise the estimate is on the same basis as heretofore.
129

Mr. Rooney. Are there any questions on this item ?

Mr. Bow. How much of this is for travel and how much is nonrecurring ?

Mr. Sweeney. That is on page 31.

Mr. Bow. 1 see it now. That is all I have, Mr. Chairman.

Administrative Office of the U.S. Courts

Mr. Rooney. The final item in connection with the judiciary at page 

2 of House Document No. 430 is entitled “Administrative Office of the 

U.S. Courts.” It is a request in the amount $100,000 additional.

We shall insert at this point in the record pages 41 through 55 of the 

justifications.

(The pages follow:)

Salaries and expenses, Admin istrativ e Office of the U.S. Courts, 1967 (request,

$100,000)

Req ue st pe nd in g_________________________________________________ 1

 $2, 393, 600

Pr op os ed a m en dm en ts____________________________________________ 100, 0 0 0

Rev ise d re ques t__________________________________________ 2, 493, 600

1

 P . 46 of budget ap pendix .

LANGUAGE CHA NGE

It is re qu es te d th a t a pro viso be includ ed in th e te x t of th e ap pro pri at io n fo r 

fiscal yea r 1967 which wo uld mak e th e fu nd s av ai la ble fo r liqu id at io n of ob lig ation s in cu rr ed in fiscal yea r 1966 but only to th e ex te nt of ob lig atio ns re la ting 

di re ct ly to th e cr ea tion of ad di tional ju dg es hips . Su ch la ng ua ge wo uld ob vi at e 

th e ne ed fo r th e co ns id er at io n of a su pp le m en ta l or deficiency ap pro pri at io n 

re qu es t fo r fiscal yea r 1966, in th e ev en t of th e ap poi ntm en t and e ntr y on du ty of 

new ju dg es p ri or to Ju ly 1, 1966. In effect, th e a ddit io nal funds requ es ted he rein, 

alth ou gh ba sed on th e annual co st of th e ju dg es hi p legi slatio n, re pre se nt an es tim at e of ob lig atio ns to be in cu rr ed ov er a pe riod of 15 m on th s fro m Apr il 1966 

th ro ugh J une 1967.

JU ST IFICAT IO N

It is re qu es ted th a t an addi tion al $100,000 be ap pro pri ate d to th e A dm in is tr ative Office of th e U ni ted Sta te s Cou rts w ith auth ori ty fo r th e cr ea tion of 16 additio nal po sitio ns re qu ir ed to ha nd le th e adm in is tr ati ve m att ers in es ta bl is hi ng 

an d m ai nta in in g th e new ju dg es au th orize d by th e Ac t of M arch IS, 1966. In 

ad di tion to in itia lly pr ov id ing th e ju dg es an d th eir su pp or tin g pe rson ne l w ith 

space, eq uipm en t, an d libra ri es , th e new pe rson ne l, on a co nt in ui ng ba sis, wou ld 

be en ga ge d in ha nd ling an in cr ea se d volum e of cl er ic al du ties occasio ned by th e 

ac tivitie s of th e new judg es . Th e Act pr ov id es fo r th e cr ea tion of 45 addition al ju dg es hi ps (10 ci rc uit an d 35 d is tr ic t) which re pre se nts an in cr ea se of 

12 per ce nt in th e nu m be r of au th ori ze d ju dg es hi ps . U nd er t he ite m “Sal ar ie s of 

Su pp or ting Per so nn el ” co mpa ra ble in cr ea se s in th e nu m be r of law clerks , se cr eta ri es, cr ie rs , co ur t re por te rs , an d co ur troo m dep ut ie s ha ve been requ es ted. 

Con sisten t w ith th e in cr ea se i n th e n um be r of ju dg es hi ps a nd su pp or tin g staffs, it 

is re qu es te d th a t th e cl er ic al fo rc e only (w ith one ex ce pt ion—th e re ques t fo r 

a Space an d Co mmun ications Sp ec ialis t in gra de 9) of th e A dm in is tr at iv e Office 

be in cr ea se d from 109 to 125. The cler ical fo rc e re fe rr ed to includ es al l pe rs on ­

nel cla ssified below gr ad e (G S) 8, includ ing w ag eb oa rd em plo yees wh o are no t 

de lega ted w ith su pe rv isor y au th ori ty . Th e 16 po sitio ns re qu es te d fo r th e Ad ­

m in is tr ati ve Office re pr es en t an in cr ea se of ap pr ox im at el y 14 pe rc en t in th e 

cler ical st af f an d an in cr ea se o f les s th an 10 p er ce nt in th e to ta l po sitio ns a u th o rize d fo r th e Office. Th e to ta l dollar in cr ea se re qu es te d fo r th e A dm in is tr at iv e 

Office, na mely $100,000, is eq ua l to 2.2 pe rc en t of th e $4,635,000 re qu ired fo r th e 

sa la ri es an d ex pe ns es of t he new ju dg es a nd th e ir st affs.
130

A care ful study has been made of the clerical staffs of the Divisions of the

Adm inistrative Office upon which the additional workload will fall. It should 

clearly be understood that the positions herein requested are to augment the 

present staffs of the various operating units, it having been determined th at 

the present number of clerical employees in the specified areas will not be able 

to absorb the increased volume of paperwork as the new judges and the ir supporting personnel assume the ir offices and look to the Adm inistrative Office for 

the wide varie ty of services it performs for them.

The table on the following page shows in detail the personnel required for 

three of the five Divisions in the Office together with rela ted personnel benefits 

and miscellaneous expenses. See also the Manpower Utilization Statement on 

page 45A.

Salaries and expenses, administrative office of the U.8. courts budgetary requirements relating to the creation of additional judgeships by Public Lazo

89-372, approved Mar. 18,1966

Personnel compensation (additional clerical positions) :

Division of Business Adm inistration :

Fiscal accounting clerk, GS-7____________________________ $6, 269

Clerk-typist GS-4_______________________________________ 4, 641

Payroll and accounting clerk, GS-6______________________ 5, 702

Payroll exam iner (Pr eaudit Unit), GS-7__________________ 6,269

Voucher exam iner (Prea udit Unit), GS-6__________________ 5,702

Clerk-stenograplier (Prea udit Unit), GS-4_________________ 4,641

Accounting clerk (Po staudit Unit), GS-5__________________ 5,181

Printing and publications clerk, GS-5_____________________ 5,181

Purc hasing clerk, GS-5__________________________________ 5,181

Purc hasing clerk, GS-5_________________________________ 5,181

Clerk-stenographer (Space Un it), GS-4____________________ 4,641

Clerk-typist (Law Book Un it), GS-3_______________________ 4,149

Space and communications specialist, GS-9----------------------- 7,479

Total, Division of Business Adm inistratio n_______________ 70, 217

Division of Personne l: Clerk-stenographer, GS-5_______________ 5,181

Division of Proced ural Studies and Statistic s:

Electronic accounting machine operator, GS-5______________ 5,181

Key punch operator, GS-4_______________________________ 4, 641

Total, Division of Proc edural Studies and Sta tistics--------- 9, 822

Total, perm anent (16 positions)________________________ 85,220

Pay above s tated annual rate (ex tra da y) --------------------------- 828

Deduct lapses_____________________________________ — 5, 548

Total, personnel compensation (net per ma nent) _______ 80,000

Personnel benefits (agency contributions) :

Retirement________________________________________________ 5, 200

Life insuranc e____________________________________________ 260

Health benefits____________________________________________ 540

Total___________________________________________________ 6, 000

Miscellaneous expenses:

Rental of data processing equipment--------------------------------------- 500

Communications (including postage) --------------------------------------- 8,000

Printing and reproduction ----------------------------------------------------- 2, 000

O th er se rv ic es______________________________________________________ 500

Supplies and materials_____________________________________ 2, 000

Fu rnitu re and equipment------------------------------------------------------ 6, 000

Total, miscellaneous expenses______________________________ 14, 000

Total, budgetary requ irem ents_____________________________ 100, 000
131

Manpowe r utilizati on stat ement 1

O rg an iz at io nal u n it

DIVISION OF BUSINESS 

ADMINISTRATION

Office of C hi ef an d A ss is ta nt 

C hie f____________________

D is burs in g Off ice____ ______

R ec or ds S ec tion____________

B u d g et Sec tion _____________

R eti re m en t, In su ra nce , an d

Pay ro ll Se ct io n______ ____

A u d it S ec ti on______________

C o u rt Se rv ices a n d Q uar te rs 

Sec tion____ ______________

S u b to ta l____ _________

Spa ce a n d c om m unic at io ns 

u n i t 2

........................... .............

DIVISION OF PERSONNEL 

O per at io ns Se ct io n (f ie ld ). __

DIVISION OF PROCEDURAL 

STUDIES AND STATISTICS

D a ta p ro ce ssing u n it . 

T o ta l_________

T o ta l cler ical 

m an -h ours 

pre se ntly 

av ai la bl e

(M ar. 17,1966)

(1)

T o ta l c ler ical 

m an -h ours 

re quir ed 

to c arr y 

pre se nt 

w ork lo ad

(M ar. 17 ,1966)

(2)

E st im ate d 

to ta l clerical 

m an-h ours 

re quir ed 

to c ar ry

w or kl oa d 

au gm en te d 

on ac co un t 

of P ubli c 

L aw 89-372 

for addit io nal 

ju dg es hip s

(3)

A ddit io nal 

cle ric al 

m an -h ours 

re quir ed 

(col . 3 m in us 

col. 1)

(4)

M an -h ou rs 

st ate d in 

te rm s o f 

addit io nal 

po si tions 

re quir ed 

(col . 4 

d iv id ed b y

2,080 ho ur s)

(5)

4,16 0 4,16 0 4,160 0 0

2, OSO 2,08 0 2,265 185 0

12,480 12,4 80 12, 740 260 0

14,560 15,40 0 17,810 3,2 50 1

14,560 18,702 19, 260 4,700 2

43, 680 44,2 99 52,040 8,360 4

35,3 60 36, 547 45,6 80 10,320 5

126,880 133,668 153,955 27,075 12

2,08 0 2,819 3,16 6 1,086 1

8,320 8,3 20 10,4 00 2,08 0 1

12,480 12,4 80 15,780 3,300 2

149,760 157, 287 183,301 33,541 16

1

 Cle rica l po si tion s (G S-7 a n d b el ow ). D oes n o t in clu de w ag e board po si tion s.

2

 S pa ce an d co m m unic at io ns sp ec ia list (G S-9 ).

Division of B usiness Adm inistration

A total of 13 i>ositions, with sala ries aggregating $70,217, is requested for this 

Division. It should be noted from the list of positions on the previous page that 

they cover the area s of procurement, space and communications, fiscal accounting, 

payroll, and audit. It is in these specific activities t ha t there will be a subs tantial 

initial impact on the workload of the Office as well as a continuing (hig her than 

present level) of paperwork.

The incumbents of six of these positions will be assigned the duties of making 

necessary arra ngemen ts with the General Services Adm inistration for adeq uate 

space for the new judges and the ir supporting personnel and to work out necessary details prio r to authorizing their communications installations. Also, they 

will be required to prepare detailed orders for lawbooks and equipment and 

car ry on proper follow-up to a ssure prompt delivery. Providing initial stocks of 

consumable supplies and stationery at the new judg es’ hea dqu arters will be a nother one of their tasks. Thereaf ter, there will be the contin uing tasks of servicing the judges’ libraries, maintaining their supplies at proper levels, and working 

out modifications in space arrangements.

Two of the new employees will be assigned to payroll preparatio n and payroll 

audit. Needless to say, there can be no delay in the preparatio n of reg ula r biweekly and monthly payrolls. The appointment of the new judges and staffs 

will have an immediate and continuing effect on these functions.

The incumbents of three of the new positions will be assigned to other audit 

functions. The A dministrative Office is required by statu te to conduct a complete 

audit of all vouchers covering the expenditure of funds appropriated to the 

Jud iciary (except the Supreme Court but including the Court of Customs and 

Pa ten t Appeals, the Court of Claims, and the Customs Co urt). The p resent staff 

of aud itors must be increased to cope with the higher volume of all types of 

vouchers covering nonpersonal expenses.
132

Th e re m ai ni ng two po sitio ns will be ne ed ed fo r th e fiscal ac co un tin g fu nc tio n. 

The one em plo yee p re se nt ly e ng ag ed in th e ca lc ul at io n of ob lig atio ns f or pe rs on al 

se rv ices an d m ai nta in in g con trol o f a uth ori ze d p os iti on s wi ll no t be ab le to abs or b 

th e in cr ea se d wo rkload . One po sitio n shou ld be prov ided fo r th is ac tivi ty . Th e 

sec on d po sitio n wo uld be as sign ed to the ta sk of typi ng ro uti ne le tt ers an d perfo rm in g ot her m isce lla ne ou s c lerica l du tie s.

D iv is io n of procedural st ud ie s an d st at is tics

The tw o po sit ions, w ith to ta l sa la ri es of $9,822, requ es ted fo r th is Di vis ion 

wou ld be assign ed to its D ata Pr oc es sing Un it. All of th e det ai ls of ac co un tin g 

fo r ap pro pr ia te d fu nd s in th e A dm in is trat iv e Office of th e U ni ted Sta te s Cou rts 

fo r the Ju dic ia ry are m ai nta in ed th ro ugh th e use of data pr oc essin g eq uipm en t. 

The pre par at io n of pay ro lls fo r th e Ju dic ia ry is acco mplish ed th ro ug h th e use 

of th is eq uipm en t as well as th e co mpilat ion, pa y pe rio d by pa y pe rio d, of 

am ou nt s w ith he ld fo r re tire m en t, ta xe s, in su ra nc e, hea lth benefits, an d so fo rth. 

The se su ms are ap pro pri at el y dis tr ib ute d to th e Civ il Se rvice Comm ission , th e 

Fed era l Res er ve Ban k (F edera l inc om e ta x es), an d to mo re th an 30 st ate s fo r 

st ate inc om e ta xe s. It is ca lc ul at ed th a t th ere is am ple mac hi ne tim e to ab so rb 

th e ad ditio na l workloa d to be br ou gh t ab ou t by th e ad ditio n of th e ju dg es 

an d staffs, bu t it will be ne ce ss ar y to ad d a mac hi ne oper at or an d a key pu nc h 

oper at or to m ai nta in th e w or k on a curr ent ba sis .

D iv is io n of pe rson ne l

In th is Di vis ion , th e num be r of pe rson ne l no tic es to be proc essed in itia lly 

be ca us e of th e ad di tion of th e new ju dg es an d staf fs will be su bst an tial . The re ­

aft er, an d on a co nt in ui ng ba sis, it is ex pe cted th a t th e pe rson ne l tu rn ov er , plus 

re gula r sa la ry in cr ea se s, will re quir e an oth er cl er k- sten og ra ph er , w ith an an nua l 

sa la ry of $5,181, to au gm en t th e st af f pr es en tly en ga ge d in pre pa ri ng such 

no tic es.

Pe rson ne l benefits

The su m of $6,000 is includ ed fo r th e Gov ernm en t co nt ributions to th e Civ il 

Se rvice R et ir em en t Fu nd an d it s sh are of life in su ra nce prem ium s an d he al th 

be ne fit s’ co sts fo r th e 16 ne w emplo yee s.

Misce lla ne ou s ex pe ns es

The ad di tion of 16 po sitio ns to th e cler ical st af f of th e A dm in is trat iv e Office 

w ill ne ce ss ita te ce rt ai n no n- pe rson al ex pe ns es fo r supp lie s, eq uipm en t, pr in ting , 

and co mmun ication service s. Th e es tim at ed annual co sts are se t fo rt h in th e 

ta bl e at pa ge 45 of th es e ju st ific at io ns . Th e ite m of $6,000 fo r fu rn it u re an d 

eq ui pm en t is no nr ec ur ring .

Program and financing

(In th ousand s of dollars]

1967

request

pending

1967

proposed

amendments

1967

revised

request

Prog rrm b y activities:

Direct program:

1. General adm inistration....................-..................... ..

2. Stu dy of rules of practice and procedure....... ...........

Total direct program___________ _________—

Reimbursable program______ _______________ ______

Tota l obligations------ ----------------------------------- -------

Financing: Receipts and reimbursements from adm inistrative 

budget accounts...........-........... ........... .......................... .........

New obligational au tho rity (appropriation)---------------

Relation of obligations to expenditures:

Total obligations------ ------- -------------------------------------

Receipts and other offsets._____ _______________ _____

Obligations affecting exp enditures__________________

Obligated balance, sta rt of year_____________________

Obligated balance, end of year______________________

Expenditures-...............................—..........— ..................

2,30 4

90

2,39 4

54

2,44 8

-. 54

2,39 4

2,44 8

- 5 4

2,39 4

44

- 5 6

2, 38 2

100

100

100

100

100

100

- 2

98

2,40 4

90

2,49 4

54

2,54 8

- 5 4

2,49 4

2,54 8

- 5 4

2,49 4

44

- 5 8

2, 480
133

Object classification

[In th ou sand s of dollars]

1967

requ est

pend ing

1967

propos ed

am en dm en ts

1967

rev ised

requ es t

Di rect obliga tion s:

Pe rso nnel comp ensation :

Pe rm an en t p ositions______________________________

Po sit ion s o the r th an p er m an en t___________________

Other personn el co m pensa tion...____ ______________

Tot al perso nnel comp en satio n_____ ______________

Perso nnel be ne fit s_____ ________ _____________________

Tr av el an d tran sp or ta tio n of pe rsons_____ _____________

Tr an sp or tatio n of th in gs ______________________________

Ren t, comm unications, an d u tilitie s ... .. ______________

Pr in ting a nd rep ro du ction____________________________

Other s er vi ce s.______________________________________

Sup plies an d materials...................... .........................................

E quip m en t........................................ ..........................................

Tot al (direct) o b li g a ti o n s.. .. _______________________

Re im bu rsab le obligations:

Po sit ions othe r th an pe rm an en t (to tal per son nel compensation) ______________________________________

Pe rsonne l ben ef its. _______________ ____ ______________

Tr av el an d tran sp or ta tio n of persons___________________

Tot al (reimbursable ) ob ligations..........................................

Tot al o blig ations__________________________________

1,822

66

10

1,888

135

124

1

121

35

14

27

48

2,394

47

3

4

54

2,448

80

80

6

4

2

1

2

6

100

2,548

1,902

56

10

1,968

141

124 

1

125

37

15

29

54

2,494

47

3

4

54

Personnel summary

1967

req ue st

pe nding

1967

pro pos ed

am en dm en ts

1967

revised .

req ue st

Tot al n um be r of pe rm an en t posit ions ............. .............. 209 16 225 Fu ll- tim e eq uiva len t of othe r position s.......... 14 14 Av era ge nu mbe r of all em pl oy ee s......................... .................... 219 15 234

Detail of personnel compensation

1967 requ est 

pending

1967 proposed 

am en dm en ts

1967 rev ised 

requ est

N um ­

be r

To tal

salar y

N um ­

be r

To tal

salar y

N um ­

ber

To ta l

salary

Grades and ranges:

Special position s at rates eq ua l to or in 

excess of $25,382:

Dire ctor__________________________ 1 $27,000

26,000

25,382

25,325 

24,548

22,994

22,994

20,297

18,825

38,830

18,235

17,645

187,605

1

1

1

$27,000

26,000

25,382

25,325 

24,548

22,994

22,994

20,297

18,825

38,830

18,235

17,645

187,605

Dep ut y dire ct or ____________ _____ 1

GS-18. $25,382: Assistant d ire ct or _____ 1

GS-17. $22,217 to $25,325:

Chief, pr ob ation di vision ....................... 1 1

1

1

1

1

1

Chief, ba nk ru pt cy d iv isio n____ _____ 1

Chief, div ision of busines s ad ministra ­

tion__________ ____ _____ 1

Chief, division of pro cedural stu dies 

an d st at istics _____ . . . . 1

GS-16. $19,619 to $25,043: Adm inistra ­

tiv e at to rn ey ............ ... ........... 1

GS-15. $17,055 to $22,365:

Chief, personne l d ivision................... 1

Assist an t chief, pro ba tio n divisio n___ 2 2

As sis tant chief, ba nkru pt cy d ivision.. 1 1

Assistant chief, division of busin ess 

ad m in istra tio n____________ . 1 1

11 Ex ecuti ve se cre tary (judic ial circ uits). 11
134

Detail of personnel compensation—Continued

1967 re quest 

pe nd in g

1967 prop os ed 

am en dm en ts

1967 revi se d 

re ques t

N u m ­

ber

T ota l

sa la ry

N u m ­

be r

T o ta l

sa la ry

N u m ­

be r

T o ta l

sa la ry

G ra des a n d r an ge s—c on tinued 

GS-14 . $14,680 t o $19,252:

C hie f a u d it o r______ ______ __________

Chief , se ct io n of co u rt se rv ic es an d

q u a r te r s .- - --------. . . -----------------------

A ss is ta n t chief , p ro bati on d iv is io n .. ..

So cio logis t (c ri m in al )________________

B udget of fic er................................ . . . . . . .

G en er al a tto r n e y .. ................................... .

GS- 13 . $12,510 to $16,425______________

GS- 12 . $10,619 to $ 13,93 1.— ......................

GS- 11 . $8,961 to $11,715...................... .........

GS-10 . $8,184 t o $1 0,70 4.. .......................... .

G S-9 . $7,479 to $9 ,765....................................

G S-8 . $6,869 t o $8,921.......... .........................

G S-7 . $6,269 t o $8,1 32....................................

G S- 6. $5,702 t o $7 ,430__________________

G S-5 . $5,181 to $6,720__________________

G S- 4. $4,641 to $6 .045— -.................. .........

G S- 3. $4,149 t o $5,4 09.— .................. .........

U ngra ded posi ti ons a t hourl y ra te s e q u iv ­

ale n t to le ss th an $14,680......... ........... ....... .

1 17,72 8 17,728

T ota l p erm a n e n t...................

P a y ab ov e th e sta te d annual ra te . 

L apse s______ ___________________

N e t p erm an en t (ave ra ge n u m b e r,

n et sa la ry )______________________

Posi ti ons oth er th a n per m an en t:

T em p o ra ry e m plo ym ent........ —......... .......

In te rm it te n t em plo ym ent_____________

O th er pe rs on ne l c om pen sa tion : O v ert im e.

T ota l pe rs on ne l c om pen sa ti on_____

Salar ies an d w ag es in t he foregoin g sc he dul e ar e d is tr ib u te d as foll ows:

D ir ect obli gat io ns____________

R ei m burs ab le o bl ig at io ns _____

1

1

1

1

1

8

5

2

is

3

34

28

28

29

2

15

209

—4

17,220 

16,204 

16,20 4 

15,69 6 

15,696 

96,270 

89,3 68 

47, 559 

18,328 

152,656 

23,115 

234,053 

180,200 

160,629 

149,097 

9,69 8

99,5 49

1,83 4,95 0 

7,589 

-2 0,5 39

1,82 2,00 0

67,000 

36, 000 

10,00 0

1 $7,479

2

2

6

4

1

12,538 

11,404 

31,086 

18,564

4,149

16

- 1

1,935, 000 ............ .

1,88 8,00 0

47,000

1

1

1

1

1

8

5

2

10

3

36

30

34

33

3

15

85,220 225

328 _______

-5 ,5 4 8 - 5

80, 000

80,0 00

80, 000

220

17,220 

16,204 

16,204 

15,696 

15,696 

96,270 

89,3 68 

47,5 59 

18,328 

160,135 

23,115 

246,591 

191,604 

191,715 

167, 661 

13,847

99, 549

1,920,17 0 

7,917 

-2 6,0 87

1,902, 000

67,0 00

36,000

10,000

2,015, 000

1,968, 000 

47,000

R E D U C T IO N I N P E N D I N G R E Q U E S T

Ju dg e Campbell. May I c orrect th at on the record a t this time, Mr. 

Ch airma n? As a res ult of the su rvey cond ucted by the C omm ittee of 

Ju dg es, our budget committee, wi th the Ad ministrat ive Office, it is 

$82,000 and the numb er of clerical employees has been redu ced from 

16 to 13. I asked the Ad ministrativ e Office to prepare new sheets 

showin g th e reduction. I assume you have th em here. So the request 

now is $82,000 for 13 clerical appointees, which we have gone over 

car efu lly. Wh en I say “we” I mean the judges on the budget committee, and we ur gently—altho ugh this is s trictly out of ou r field oth er 

than th ey are our service organiz ation—we u rge ntly requ est it because 

our experience has been th at th e services they w ould render wi th these 

13 addit ion al employees are needed for the add itio nal judges th at 

would be adde d, $82,000 re pre sen ts less th an 2 p ercent of the amo unt 

we are r equ esting for the addit ion al judges hip s and their supp ortin g 

pers onnel.

N E E D F O R A D D IT IO N A L P O S IT IO N S

I t hi nk t hat the se positions are very necessary because th ey will elimi nate the delay in pu ttin g the new judges to work and in acquirin g
135

all of the space, lawbooks, sta tionery, and sup plies th at a re nece ssary 

fo r them, and will also assist in wh at I t hi nk is a very necessary economy which the Ad minist rativ e Office has not been able to give u s as 

ou r housekeepers fo r some time and as rapidly as we would like it. 

Th is has t o do with the business of survey s of the clerical systems in 

the variou s distric ts. We need obje ctive advice in how bette r to 

opera te these clerks’ offices and the staff of the Ad minist rativ e Office 

ha s no t been able to do tha t.

Mr. R ooney. That has no thing to do with the in stan t request, has 

it?

Ju dg e Campbell. Only perc enta gew ise as it re lates to th e a dd ition al 

jud geships and the cre atio n of the new dis tric ts.

Mr. Rooney. Ju dg e, you are a sensible and a fa ir gentlem an.

Ju dg e Campbell. Th an k you.

Mr. Rooney. I know th at you and yo ur associates, Chief Ju dg e 

McGuire and Ch ief Ju dg e We inm an looked th is th in g over an d it 

occurre d to you “We will never get away wi th this $100,000 and 16 

people fo r the Ad ministrativ e Office ju st ge tting out the checks for 

the 45 new judges.”

Ju dg e Campbell. It is m ore than jus t ge tting out the checks. They 

hav e to acquire all of the necessary imped iment a of office, an d also I 

hop e you will note th at the y are all ju st clerks. Th ere are no high 

gra des in here t hat we are as kin g for, and th is is no duplication of any 

previo us request. Th ere is a lot of addit ion al clerical help needed.

Th is office is far be hin d now and it is no t giv ing the service it should 

give to the judges. We are satisfied, t hat is the judges on the B ud get 

Com mittee o f the Jud icial Confe renc e are satisfied, th at they are und erstaffed.

Mr. Rooney. Tha t does no t exp lain the necessity fo r 16 people and 

$100,000 which is set f or th in House Document 430.

FORMULATION OF REQUEST

Inc ide nta lly , let us unders tan d for the record how we get an a mount 

such as this, this $100,000 an d 16 peo ple in H ous e Document 430.

Ju dg e Campbell. Yes, sir.

Mr. Rooney. Th e judiciary merely mak es a re quest t hat the Burea u 

of th e Bu dget include t his in the Pr esiden t’s budget, and the n because 

of comity amo ng the three sep ara te branch es of Gover nment the Burea u of the Bu dg et ins erts in the Pr esiden t’s bu dg et ■whatever the 

amount is.

Ju dg e C ampbell. Tha t is righ t.

Mr. Rooney. An d the B ureau of th e B udget makes no inspection of 

the merits of th e request.

Ju dg e Campbell. That is correct. How ever, our committee does, 

Mr. Chairma n. Chief Ju dg e McGui re and Chief Ju dg e We inm an 

and I do th at.

By the way, may I state his reg ret s th at he is not here per son ally 

today. He has very ur ge nt reasons of he alt h in his fam ily whi ch 

pre vent his b eing with us. Otherwis e he wou ld be here p ersona lly.

I wou ld like at h is request to express his regrets. He asked me to 

express his regrets.
136

However, he has gone over this as well as Chief Judge McGuire and 

I. We hope we did as well as the Bureau of the Budget would have 

done if they had exercised any supervisory or investigatory control.

Mr. Rooney. It occurs to us, Judge Campbell, with regard to the 

merits of this request, that the Department of Justice, which seeks to 

add 235 additional positions in tha t Department by way of the appropriation of U.S. attorneys and marshals, did not ask for 1 cent for 

additional administrative expenses in Washington for putting these 

235 additional people on the payroll. Here we are concerned with 

45 judges and their staffs and you want 13 people and $82,000. It 

is pretty difficult to reconcile this.

Judge Campbell. With all due respect, Mr. Chairman, I do not 

think that the analogy is a fair one. I don’t think these are comparable. Forty-five judges certainly require more housekeeping and clerical service from the central office than do the addition of that many 

employees of the administrative branch of the Government.

Mr. Rooney. Being higher paid positions I would think it might 

be less.

Judge Campbell. There I beg to differ with you. It is not correct 

because with the administrative setup of the Department of Justice 

and the number of employees they already have in there, the situation 

of servicing an additional marshal or an additional U.S. attorney or 

an assistant U.S. attorney is merely a matter—in a great degree I 

speak from my own experience in the Department and I think Chief 

Judge McGuire will back me up—is only a matter of adding a few 

more lines to a payroll.

This is not true in servicing additional and new judgeships, and 

where we have here also additional and new districts. It requires a 

great deal more work—assembling the people, recruiting the people, 

putting them to work, arranging all the different payroll and retirement records, and all the rest. All of this was taken into consideration 

by our committee.

I respectfully suggest that it is not analogous to the situation in the 

Department of Justice.

Air. Rooney. This might be a good point to inquire. In view of the 

fact we have all these additional judgeships provided, and personnel 

to go with them, which will make the work much easier in many areas 

for the present judges and their staffs, has there been an attendant 

reduction in taxpayers’ money?

Judge Campbell. I am sorry but I don’t follow you. You mean a 

reduction in appropriation ?

Mr. Rooney. In cost to the taxpaver.

Judge Campbell. Obviously to render additional judicial service 

cannot result in a saving to the taxpaver. It results in increase of service to the taxpayer and prompter judicial service to the taxpayer but it 

cannot possibly result in a saving of appropriations or expenditures 

because by the very nature of the addition the expenditures go up.

However, I think statistics will show we are giving better service 

with the. additional judges Congress has authorized and that was Ihe 

reason Congress authorized them.

Mr. Rooney. T would figure this committee would have something 

further to say with regard to this additional cost.
137

Judge Campbell. May I say one thing in conclusion, Mr. Chairman ?

Mr. Rooney. You may say many things. We always like to hear 

from you.

Judge Campbell. I just want to say it is very, very good to be back 

here personnally again and to see you presiding again. I can’t tell 

you what this means to me personally, and it is a pleasure to be here.

Thank you very much.

Judge McGuire. I should add “amen” to that, too.

Mr. Rooney. If there are no further questions, thank you, gentleman.
■I C•' ‘X ltf
LIST OF WITNESSES

Pa ge

Anderson, Darwin II____________________________________________ 47, 113

Basler, How ard_________________________________________________ 28

Bennett, Marion T ______________________________________________ 40

Campbell, Hon. William J_______________________________________ 47, 113

Clark, Hon. Tom C______________________________________________ 3

Cowen, Hon. Wilson____________________________________________ 40, 110

Davis, John F__________________________________________________ 3

DeMarco, Richard J _____________________________________________ 28

Garabedian, Edward V__________________________________________ 47, 113

Henlock, Charles A______________________________________________ 3

Hutchinson, George E ____________________________________________ 21

Jackson, Royal E________________________________________________ 47

Lipp itt, T. Pe rry ________________________________________________ 3

Martin, Hon. I. Jac k_____________________________________________ 3

McGuire, Hon. Matthew F______________________________________ 47, 113

Olney, Warren_________________________________________________ 47, 113

Peartree, Fra nk T_______________________________________________ 40, 110

Rao, Hon. Paul P _______________________________________________ 28

Richardson, Hon. Scovel_________________________________________ 28

Smith, Merrill A________________________________________________ 47

Stewart, J. George_______________________________________________ 3

Sweeney, William R _____________________________________________ 47, 113

Zucconi, Dina R____________________________________ 3

i

IN D E X

Page

Budget for fiscal year 1967, summary of-------------------------------------------- 1

C

Court of Claims_________________________________________________ 40

Supplemental requ est for funds________________________________ 110

Court of Customs and Pa tent Appeals______________________________ 21

Customs Court__________________________________________________ 28

Courts of appeals, distric t courts, and other judicial service s__________ 47, 113

Administrative Office of the U.S. C ourts------------------------------------- 89

Supplemental request for funds____________________________ 129

Fees ancl expenses of court appointed counsel------------------------------- 72

Fees of jurors and commissioners______________________________ 77

Supplemental request for funds____________________________ 123

Language change____________________________________________ 81

Salaries of judges____________________________________________ 53

Supplemental request for funds____________________________ 114

Salaries of referees___________________________________________ 98

Bankruptcy cases________________________________________ 101

Expenses of referees______________________________________ 104

Salaries of sup porting personnel________________________________ 56

Crier-law clerk positions__________________________________ 71

Positions, new___________________________________________ 68

Supplemental request for funds____________________________ 117

Workload of probatio n officers_____________________________ 69

Travel and miscellaneous expenses_____________________________ 81

Supplemental request for funds____________________________ 124

S

Supreme Court of the United Sta tes ________________________________ 3

Automobile for the Chief Just ice _______________________________ 12

Automobiles for the Supreme Court____________________________ 15

Books for the Supreme Co urt__________________________________ 14

Care of buildings and grounds_________________________________ 17

Laundry equipment, replacement______________________________ 20

Miscellaneous expenses_________ 11

Printing and binding Supreme Court rep orts_____________________ 9

Salaries____________________________________________________ 4

h i

o