REPORT 


of the 


PROCEEDINGS OF THE 


JUDICIAL CONFERENCE OF THE 


UNITED STATES 


APRIL 5-6, 1973 

WASHINGTON, D.C. 

1973 
ADMINISTRATIVE OFFICE OF THE 


UNITED STATES COURTS 


Rowland F. Kirks 


Director 

THE JUDICIAL CONFERENCE OF THE UNITED STATES. 28 U.S.C. 331 

§ 331. JUDICIAL CONFERENCE OF THE UNITED STATES 

The Chief JustIce of the United States shall summon annually the chief judge 

of each judicial circuIt, the chief judge of the Court of Claims. the chIef judge of 

the Court of Customs and Patent Appeals, and a district judge from each judicial 

circuit to a conference at such time and place in the United States as he may 

designate. He shaU presIde at such conference which shall be known as the 

Judicial Conference of the United States. Special sessions of the conference may 

be called by the Chief Justice at such times and places as he may designate. 

The district judge to be summoned from each judicial circuit shall be chosen 

by the circuit and district judges of the circuit at the annual judicial conference 

of the circuit held pursuant to section 33& of this title and shall serve as a member of the conference for three successive years, except that in the year following the enactment of this amended section the judges in the first, fourth, seventh, 

and tenth circuits shall choose a district judge to serve for one year, the judges 

in the second, fifth, and eighth circuits shall choose a district judge to serve for 

two years and the judges in the third. sixth, ninth. and District of Columbia circuits shall choose a district judge to serve for three years. 

If the chief judge of any circuit or the district judge chosen by the judges 

of the circuit is unable to attend, the Chief Justice may summon any other circuit or district judge from such circuit. If the chief judge of the Court of 

Claims or the chief judge of the Court of Customs and Patent Appeals is unable 

to attend, the Chief Justice may summon an associate judge of such court. 

Every judge summoned shall attend and, unless excused by the Chief Justice, 

shall remain throughout the sessions of the conference and advise as to the 

needs of his circuit or court and as to any matters in respect of which the administration of justice in the courts of the United States may be improl"ed. 

The conference shall make a comprehensive survey of the condition of business 

in the courts of the United States and prepare plans for assignment of judges 

to or from circuits or districts where necessary. and shall submit suggestions 

to the various courts, in the interest of uniformity and expedition of business. 

The conference shall also carry on a continuous study of the operation and 

effect of the general rules of practice and procedure now or hereafter in use as 

prescribed by the Supreme Court for the other courts of the United States pursuant to law. Such changes in and additions to those rules as the conference may 

deem desirable to promote simplicity in procedure, fairness in administration, 

the just determination of litigation, and the elimination of unjustifiable expense 

and delay shall be recommended by the conference from time to time to the 

Supreme Court for its consideration and adoption, modification or rejection, in 

accordance with law. 

The Attorney General shall, upon request of the Chief Justice, report to such 

conference on matters relating to the business of the several courts of the United 

States. with particular reference to cases to which the United States is a party. 

The Chief Justice shall submit to Congress an annual report of the proceedings 

of the Judicial Conference and its recommendations for legislation. 

t iv I 
TABLE OF CONTENTS 

REPORT OF THE PROCEEDINGS OF THE JUDICIAL CONFERENCE 

OF THE UNITED STATES, APRIL 5-6, 1973 

Call of the Conference_ 

Elections________ _______________ _ 

Board of the Federal Judicial Center 

Board of Certification for Circuit Executives 

Report of the Director of the Administrative Office of the United States 

Courts____________ _________________ _ 

Court Administration_ _ ________________ _ 

Change of Name for Subcommittee __________ _ 

Accommodations for Circuit Judges_________ _ 

Filing Fees in Federal Courts _____________ _ 

Judicial Survivors Annuity Act____________________ _ 

Court of Appeals Opinions__ __ _________________ _ 

Qualification Standard for Junior Law Clerk ____ _ Chief Deputy Clerk Positions ___________________ _ 

Court of Appeals PersonneL _ _ _ _ __ _ __ _ _ _ ___ _ _ _ _ _ _______ _ 

Legislation_____ _ _ _ __ __ ____ ____ _ _ _ _ _ ___ _ _____ _ 

Appointment of Acting United States Attorneys and Marshals _____ _ 

Retirement of Judges_ ___________________ _ 

Review Committee__ _ _ ________________ _ 

Joint Committee on Standards of Judicial Conduct_ 

Advisory Committee on Judicial Activities______________ _ 

Committee on the Operation of the Jury System____ _____________ _ 

Grand Juror Utilization_______________________ _ 

Periodic Report under the Jury Selection and Service Act __ 

New Juror Qualification Questionnaire________ _ 

Bifurcation of Jury Trials _________________ _ 

Size of Civil Juries____ ________________ _ 

Committee on the Administration of the Criminal Law__ _ Witness Fees____ _ _________ _ 

Juvenile Delinquency Act____ _ _________ _ 

Narcotic Addict Rehabilitation Act__________________ _ 

Standards for Discharge and DismissaL____________ __________ _ 

Proposed New Federal Criminal Code________ __________ _ 

Committee on Habeas Corpus______________________________________ _ 

Committee on the Administration of the Bankruptcy System___ _ 

Salaries and Arrangements for Referees ____________ _ 

Referees' Salary and Expense Fund________________ _ 

Legislation______ _ _ _ __ _ _ _ _ __ _ _ _ _ __ _ _ __ ___ _________ _ 

Committee on the Administration of the Magistrates System__________ _ Salary Increases___ __ ___ ___ ___ ___ __________ _______ _ 

Magistrate Positions_ ________________________________ _ 

Administrative Regulations__ _ __ _ _ _ _ _ _ _ _ _ _______ _ 

Service as Special Master____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __________ _ 

Conflicts of Interesk______ _ ____________________ _ 

IV, 

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VI 

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Committee on the Administration of the Probation System _ _ _ _ _ _ 23 


Background Investigations of New Appointees__ _____________ 24 


Sentencing Institutes_______ ___ 24 


LegisJation_________ 24 


Committee on Intercircuit Assignments _ _ _ 26 


Committee to Implement the Criminal Justice AcL__________ 26 


Community Defender Organizations_ 
 __________ 27 

Guidelines_ _ _ _ 


Committee on Rules of Practice and Procedure_____ 


28 

28 

Committee on the Budget- _ _ _ _ _ _ 


Pretermission of Terms of Courts of Appeals________ 


30 

Criminal Rules_ __ _ _ _ _ _ _ _ _ _ _ _ _ 
_ _ _ _ _ 

~ankruptcy Rules__________ _____ 
 _____ 

Release of Conference Action _ _ __ _ _ _ _ _ _ _ _ _ _ _ 
_ _ _ _ _ _ 

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29 

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Report of the Proceedings of the Judicial 


Conference of the United States 


APRIL 5-6, 1973 


The Judicial Conference of the United States convened on 

April 5, 1973, pursuant to the call of the Chief Justice of the United 

States issued under 28 U.S.C. 331. The Conference continued in 

session on April 6. The Chief Justice presided and the following 

members of the Conference were present: 

District of Columbia Circuit: 

Chief Judge David L. Bazelon 

Chief Judge John J. Siriea, District of Columbia 

First Circuit: 

Chief Judge Frank 1\:1. Coffin 

Judge Edward T. Gignoux, District of Maine 

Second Circuit: 

Chief Judge Henry J. Friendly 

Chief Judge David N. Edelstein, Southern District of New York 

Third Circuit: 

Chief Judge Collins J. Seitz 

Chief Judge Michael H. Sheridan, Middle District of Pennsylvania 

Fourth Circuit: 

Chief Judge Clement F. Haynsworth, Jr. 

Judge Oren R. Lewis, Eastern District of Virginia 

Fifth Circuit: 

Chief Judge John R. Brown 

Judge E. Gordon West, Middle District of Louisiana 

Sixth Circuit: 

Chief Judge Harry Phillips 

Judge Robert L. Taylor, Eastern District of Tennessee 

Seventh Circuit: 

Chief Judge Luther M. Swygert 

Judge James E. Doyle, 'Western District of Wisconsin 

Eighth Circuit: 

Chief Judge M. C. Matthes 

Chief Judge Oren Harris, Western District of Arkansas 

:\,int11 CirCuit: 

Chief Judge Richard H. Chambers 

Judge Jesse W. Curtis, Central District of Calitornia 

Tenth Circuit: 

Chief Judge David T. Lewis 

Judge Hatfield Chilson, District of Colorado 

Court of Claims: 

Chief Judge Wilson Cowen 

Court of Customs and Patent Appeals: 

Chief Judge Howard T. Markey 

(1) 

95-607-73--2 
2 


Senior Circuit Judges Albert B. Maris, Elbert P. Tuttle; Circuit 

Judges Robert A. Ainsworth, Jr., Ruggero J. Aldisert, Irving R. 

Kaufman, Edward A. Tamm; Senior District Judges Roy W. Harper, Roszel C. Thomsen, Carl A. Weinman; and District Judges 

Charles M. Metzner, Edward Weinfeld, Albert C. Wollenberg and 

Alfonso J. Zirpoli attended all or some of the sessions of the Conference. 

The Honorable Erwin N. Griswold, Solicitor General of the 

United States, addressed the Conference at the opening of the first 

seSSIOn. 

Noting that Solicitor General Griswold would complete his term 

of office with the expiration of the present term of the Supreme 

Court of the United States, the Conference, on motion of Chief 

Judge Henry J. Friendly, adopted the following resolution: 

'l'he Judical Conference of the United States takes note of the retirement of 

Erwin N. Griswold as Solicitor General of the United States, effective at the 

close of the current Term of the Supreme Court. 

Solicitor General Griswold was appointed by President Lyndon B. Johnson 

in 1967 and has served as Solicitor General for longer than all but two of his 

predecessors. He brought to his work of representing the interests of the United 

States before the Supreme Court and in the appellate courts a rich background 

of experience and scholarship. Mr. Griswold previously served as Assistant to 

the Solicitor General, 1929-1934, and was a Professor of Law at the Harvard 

Law School and, thereafter, distinguished himself as Dean of the Harvard Law 

School for more than twenty years. 

In his service to his country as Solicitor General, Mr. Griswold was noted for 

the brilliance of his legal reasoning, the skillfulness of his arguments, the 

thoroughness of his legal research, and his fidelity to his office. His contribution 

to the administration of justice will not be easily matched. 

The Conference, therefore, takes this occasion to extend its best wishes to him 

and Mrs. Griswold with the hope of many future years of happiness. 

The Honorable Alfred P. Murrah, Director of the Federal Judicial Center and Chairman of the Panel on Multidistrict Litigation, 

reported on the activities of the Center and of the Panel and presented a detailed written report to the Conference on the work of 

the Panel. 

Mr. Mark Cannon, Administrative Assistant to the Chief Justice, 

Mr. Rowland F. Kirks, Director of the Administrative Office of 

the United States Courts, and Mr. William E. Foley, Deputy Director, attended all of the sessions of the Conference. 

ELECTIONS 

Upon nomination of the Executive Committee, the Judicial Conference approved for membership on the Board of the Federal 
3 


Judicial Center Judge Griffin B. Bell of the United States Court of 

Appeals for the Fifth Circuit. Judge Bell succeeds Judge Wade H. 

McCree, Jr., whose full four-year term as a member of the Board 

expired at the end of March 1973. 

Upon nomination of the Executive Committee, the Judicial 

Conference approved the nomihation of Chief Judge Howard T. 

Markey of the Court of Customs and Patent Appeals as a member 

of the Board of Certification to fill the term of Judge Roger Robb 

whose resignation became effective March 14, 1973 and for a new 

three-year term, beginning July 1,1973. 

REPORT OF THE DIRECTOR OF THE ADMINISTRATIVF~ 

OFFICE OF THE UNITED STATES COURTS 

The Director of the Administrative Office, Mr. Kirks, in ad~ 

dressing the Conference pointed out that during the first half of 

fiscal year 1973 the total civil and criminal litigation in the United 

States districts courts was down from the level of the same period 

in the prior fiscal year. Sixty-seven thousand, five hundred and 

thirty-five actions were filed in the six-month period ending December 31, 1972 as compared to 70,067 at the mid-point of fiscal year 

1972. This drop of, 3.5 percent is attributable to the fall-off in 

criminal matters because civil filings increased 1.6 percent over 

the prior year. This drop in criminal business partially reflects the 

impact of the United States magistrates on the work of the 

judiciary. 

Filings in the courts of appeals increased six percent in the first 

six months of fiscal year 1973 over the same period in fiscal year 

1972, whereas terminations in these courts increased nine percent 

over the same period in the prior year. 

In the area of bankruptcy, the 85,000 cases filed in the first six 

months of fiscal year 1973 are seven percent less than last year. 

The 88,000 bankruptcy terminations are thr'ee percent less than the 

prIor year. 

The workload 'of the probation system continues to increase. At 

the end of January 1973 there were 51,528 persons under supervision of the federal probation system, an increase of over 2,500 

offenders in less than seven months. In the first half of the fiscal 

year probation officers completed 13,791 presentence investigations 

as compared with 12,118 over the same period in the prior year. 
4 


Mr. Kirks also reported to the Conference on the success of the 

court visitation program instituted in 1972 by the Administrative 

Office and he reported to the Conference on the status of legislation of interest to the judiciary. 

COURT ADMINISTRATION 

The Chairman of the Committee on Court Administration, Judge 

Robert A. Ainsworth, Jr., presented the committee's report. 

CHANGE OF NAME FOR SUBCOMMITTEE 

In order more adequately to describe the duties and responsibilities being exercised by the Subcommittee on Judicial Salaries. 

Annuities and Tenure the Conference agreed with the recommendation that the name of the subcommittee be changed to Subcommittee on Judicial Improvements. 

ACCOMMODATIONS FOR CIRCUIT JUDGES 

The Conference approved S. 1175, a bill which would amend 

Section 142 of Title 28, United States Code, to permit the Administrator of General Services, on request of the Director of the Administrative Office of the United States Courts, to provide accommodations for judges of the United States courts of appeals at 

places other than those where regular terms are authorized by law 

to be held, if such accommodations have been approved as necessary by the judicial council of the appropriate circuit and if space 

is available without additional cost to the government. The Conference noted that in two recent instances a newly appointed circuit 

judge has requested that chambers be made available to him in a 

federal building in the city of his residence and been refused because 

that city had not been designated as a regular place of holding 

court. Special legislation was required in one instance to accomplish this purpose. In the other instance, the judge has been forced 

to ren t quarters at his own expense. 

FILING FEES IN FEDERAL COURTS 

The Committee on Court Administration has under study the 

fees of the offices of the clerks of the courts of appeals and of the 

district courts which have not been modified or increased since 1945. 

At the present time the Judicial Conference has authorization to 
5 


fix filing fees in the courts of appeals whereas filing fees in civil 

actions in the district courts, in admiralty proceedings and in proceedings in bankruptcy are controlled by statute. The Conference 

approved in principle legislation which would place the fixing of 

fees in all proceedings in the courts of the United States under the 

control of the Judicial Conference in an effort to permit frequent 

review and greater flexibility. The Director of the Administrative 

Office was requested to prepare appropriate legislation to carry out 

this recommendation and to transmit it to the Congress. 

JUDICIAL SURVIVORS ANNUITY ACT 

The Conference reaffirmed its support of a bill originally introduced in 1969 in the Senate as S. 1511, the effect of which was to 

merge the Judicial Survivors Annuity Fund with the Civil Service 

Fund. The Conference agreed that such legislation was of the utmost importance in view of the fact that the Judicial Survivors 

Annuity Fund will be exhausted in a limited period of years. 

COURT OF ApPEALS OPINIONS 

At its October 1972 session (Conf. Rept., p. 33) the Judicial Conference requested each circuit to develop an opinion publication 

plan by January 1, 1973 which was to be submitted to the Committee on Court Administration for a report back to the current 

session of the Conference. Because of a delay in preparation of 

some circuit publication plans, this study could not be undertaken 

and, therefore, the Conference approved an extension to Decem­

. ber 31, 1973 of the time for the filing by each circuit of a report, 

including statistics of the experience of the circuit in its opinion 

publication plan. Such reports and statistical data are to be furnished to the Director of the Administrative Office for transmittal 

to the committee. 

QUALIFICATION STANDARD FOR JUNIOR LAW CLERK 

The Conference approved the following qualification standard 

for the position of junior law clerk (or crier-law clerk) at JSP 9: 

Minimum Qualifications-Graduation from a law school of recognized standing 

(or the completion of all law school studies and merely awaiting conferment of 

degree). but with little or no experience. 
6 

CHIEF DEPUTY CLERK POSITIONS 

The Conference reaffirmed its approval of Grade JSP 15 for the 

chief deputy clerks in the large clerks' offices of the courts of appeals 

and in the large district courts with the proviso that a chief deputy's 

salary shall not exceed the first of the within-grade steps which 

meets or exceeds 90 percent of the per annum salary of the clerk 

of that court. 

COURT OF ApPEALS PERSONNEL 

Upon the request of Chief Judge Brown of the Fifth Circuit, the 

Conference directed the Director of the Administrative Office to 

resubmit to the Congress legislation to meet the personnel requirements of the Court of Appeals for the Fifth Circuit to include a 

complement of staff attorneys and additional personnel, as follows: 

Secretary for each judge______________________________________________ 15 

I.aw clerk for each judge_____________________________________________ 15 

Clerical assistant for each jlldge______________________________________ 15 

Assistant secretary for the Chief Judge_______________________________ 1 

LEGISLATION 

The Conference noted five legislative items previously approved 

and sent to the 92nd Congress on which no action was taken and 

agreed to reaffirm its position on each of these bills. The Director 

of the Administrative Office was requested to resubmit to the 93rd 

Congress the following five bills: 

(1) A bill to establish position of crier-clerk within the Judicial 

Branch; 

(2) A bill to appoint transcribers of official court reporters' 

transcripts in United States district courts; 

(3) A bill to provide accelerated within-grade salary increases 

for secretaries to judges of the United States; 

(4) A bill to appoint legal assistants in the courts of appeals; 

(5) A bill to appoint officers and employees to the Courts of 

Claims, Customs and Patent Appeals, and Customs. 

ApPOINTMENT OF ACTING UNITED STATES ATTORNEYS AND 

MARSHALS 

The· Conference voted its disapproval of a bill proposed by the 

Department of Justice which would take from the federal judges 
7 


and vest in the Attorney General the authority to appoint acting 

United States Attorneys and acting United States marshals when 

a vacancy occurs. 

RETIREMENT OF JUDGES 

The Conference approved H.R. 3324, a bill which would permit 

the retirement of justices or judges at the age of 70 after ten years 

of service, at the age of 69 after 11 years of service, at the age 

of 68 after 12 years of service, at the age of 67 after 13 years of 

service, at the age of 66 after 14 years of service and at the age 

of 65 after 15 years of service. 

REVIEW COMMITTEE 

Judge Edward A. Tamm, Chairman, presented the report of 

the Review Committee. 

During the current reporting period the committee reviewed 

865 reports, filed by 600 judges, 181 referees in bankruptcy and 

84 magistrates. 

Pursuant to the resolution of the Conference at its March 1971 

session (Conf. Rept., p. 24), as subsequently amended to include 

full-time referees and magistrates, Judge Tamm reported that 14 

judges did not file reports for the six-month period ending December 31, 1972, as follows: 

Second Oircuit: *Walter Early Craig 

Kevin Thomas Duffy U.S. District Chief Judge 

U.S. District Judge *Warren H. Ferguson 

*Edmund L. Palmieri U.S. District Judge 

U.S. Senior District Judge *Peirson M. Hall 


Sylvester J. Ryan U.S. Senior District Judge 


U.S. Senior District Judge *William D. Murray 

*Edward Weinfeld U.S. Senior District Judge 

U.S. District Judge *Harry Pregerson 

*Inzer B. Wyatt U.S. District Judge 

U.S. District Judge *Manuel L. Real 

Sixth Oircuit: U.S. District Judge 

*Frank J. Battisti Tenth Oircuit: 

U.S. District Chief Judge Stephen S. Chandler 

Ninth Oircuit: U.S. District Judge 

*William M. Byrne 

U.S. Senior District Judge 

*Judges declining to file as a "matter of principle" 
8 


The Conference approved several recommendations of the Review Committee, as follows: 1 

(1) That the Conference appropriately amend its resolution 

of the October 1940 Conference to embrace within its mandate 

all full-time referees in bankruptcy and full-time magistrates; 

(2) That the conference amend its September 1963 resolution 

to bring within its mandate all full-time referees in bankruptcy 

and full-time magistrates; 

(3) That the Conference extend the applicability of its March 

1971 resolution relating to judges filing reports as to monies received 

from extrajudicial services, gifts, payments of excess expenses, positions held in business or other organizations and participation in 

cases where he had a financial interest to full-time referees in bankruptcy and full-time magistrates; 

(4) That the Conference extend the applicability of its March 

1971 resolution relating to judges who are not in compliance with 

the 1963 resolution of the Judicial Conference or who fail to file 

such report, to full-time referees in bankruptcy and full-time 

magistrates; 

(5) That the Conference extend the mandate of its October 

1971 resolution to include full-time referees in bankruptcy and 

full-time magistrates; 

(6) That the Conference extend the provisions of its September 

1958 resolution to include therein all full-time referees in bankruptcy and full-time magistrates; 

(7) That the Conference, by resolution, make all advisory opinions of the Interim Advisory Committee applicable to full-time 

referees in bankruptcy and full-time magistrates; 

(8) That the Conference authorize and direct the Review Committee to inquire of reporting judges for details concerning their 

reported affiliations as officers or fiduciaries with organizations 

whose modus operandi, purpose, activities and means of financing 

cannot be determined by the committee from the data initially 

furnished to it; 

(9) That the Conference adopt as a standard for the guidance 

of referees in bankruptcy in conflict of interest situations the same 

standards for disqualification in contested matters as apply to 

federal judges; 

1 For citations of resolutions, see below p. 11. 
9 


(10) That the Conference amend the Public Report of ExtraJudicial Income form currently in use for referees to add to the 

"reporting instructions" the following additional requirement "to 

the Chief Judge of your District Court"; 

(11) That the Conference, by resolution, require each judge 

who supplements his report form with an explanatory letter, to 

file copies of that letter at all places where the report form is filed; 

(12) That the Conference request the Administrative Office 

to furnish to all full-time referees in bankruptcy and full-time 

magistrates copies of the resolutions heretofore enumerated which 

.are to be made applicable to full-time referees and full-time magistrates, and that the Administrative Office be requested to furnish 

those referees and magistrates with copies of all advisory opinions 

issued by the Interim Advisory Committee; 

(13) That the Conference suggest to the Federal Judicial Center 

that in seminars for newly-appointed federal judges and judges of 

:special courts, some reasonable period be devoted to a discussion 

.of the requirements for the filing of public reports of extra-judicial 

income, the nature of the information to be set forth, the applicability and identity of Judicial Conference resolutions relating to these 

reports and the applicability of the advisory opinions of the Interim 

Advisory Committee; 

(14) That the Conference authorize and direct the Committee 

to pose questions to the Advisory Committee without disclosing 

the identity of the reporting judge when reports contain information justifying such inquiry. 

JOINT COMMITTEE 	ON STANDARDS OF JUDICIAL 

CONDUCT 

The Judicial Conference at its April 1972 session (ConI. Rept., 

-pp. 23, 24) authorized the appointment of a committee, including 

the members of the Review Committee and the Interim Advisory 

Committee on Judicial Activities, to examine the report of the 

American Bar Association's Special Committee on Judicial Conduct which was then expected to be approved by the House of Delegates of the ABA in August 1972. The combined committee was 

ch~ed with reporting back to the Conference on the feasibility of 

adopting this report as applying to all federal judges and to determine whether any additional standards may be needed in the 

federal system. Subsequently, Judges Irving R. Kaufman and Ed95-607-73---3 
10 


ward T. Gignoux who were members of the ABA committee were 

appointed members of the combined committee to carry out theConference resolution. 

Judge Tuttle reported to the Conference on the recommendations 

of the Joint Committee. The Code of Judicial Conduct prepated by 

the Special Committee on Standards of Judicial Conduct of the 

American Bar Association was adopted by the House of Delegates 

<In August 16, 1972. The Judicial Conference, on recommendation 

of the Joint Committee, adopted the Code of Judicial Conduct as 

thus approved to be applicable to all federal judges, full-time referees in bankruptcy and full-time magistrates, with the following 

modifications. 

(1) The adoption of the Code will not restrict any functions or 

privileges accorded by statute or resolution of the Conference to 

part-time magistrates, part-time referees in bankruptcy or special 

masters; 

(2) The adoption of the Code will not abrogate or modify any 

-<conflicting provisions of statutes or resolutions of the Conference. 

Except as provided in number (1) above, to the extent that any 

part of the enumerated statutes or Conference action is less restrictive than the Code, the latter will control; 

(3) The provisions of the Code relating to "Effective Date of 

Compliance" shall be modified to read as follows: 

A person to whom this Code becomes applicable should arrange his affairs as 

soon as reasonably possible to comply with it and should do so in any event 

within the period of one year. If, however, the demands on his time and the 

possibility of condict8 of interest are not substantial, a person who holds judicial 

.office on the date this Code becomes effective may continue to act, without compensation, as an executor, administrator, trustee, or other fiduciary for the estate or person of one who is not a member of his family, if terminating such 

relationship would unnecessarily jeopardize any substantial interest of the 

estate or person; 

(4) The entire commentary under Canon 5C(2), (including the 

blackface, bracketed material) is deleted; ­

(5) It is the sen~e of the Conterencethat referees in bankruptcy 

shall not be required by any provisions of the Code to disql,1alify 

themselves because -of any financial interest in any uncon,te.sted, 

matter. 

. The Joint Committee was directed to give further study to the 

provisions of Canon 7 as it uniquely relates to feder~l judg~.. 
In providing that the adoption of the Code will not abrogate or 

modify any conflicting provisions of statutes or resolutions of the 

Conference, tlie Conference noted particularly the following statutes and resolutions: 

Nepotism :' 

28 U.8;C. 458; 18 U.8.C. 1910; 5 U.S.C. 3110. 

Practice of Law: 

28U.8.C. 454; 28 U.S.C. 955; 28 U.S.C. 632(11); 11 U.S.C. 67(b). 

Interest in Litigation: 

28 U.S.C. 455. 

(but note where tile Code 1s more restrlctive, the Code prevails) 

'Conflict of Interest: 

18 U.S.C. 203, 205; 18 U.S.C. 155; 18 U.S.C. 291. 

Participation in Business Corporations: 

Resolution of Judicial Conference Sept. 1963 (Conf. Rept., p. 62) 

Resolution of Judicial Conference March 1971 (Conf. Rept., p. 24) 

Participation in Educational, Religious, Civic and Charltable Organizations: 

Resolution of Judicial Conference Oct. 1971 (Conf. Rept., pp. 68, 69) 

Resolution of Judicial Conference Sept. 1958 (Conf. Rept., p. 18) 

Resolution of Judicial Conference, October 1940: 

That no secretary or law clerk should do any work outside the salary paid 

to him in the capacity of secretary or law clerk, or occupy or be appointed 

to any office in any federal or state court, including mastershlps, receiverships, etc., or practice law. 

Financial reporting: 

Resolutions of Judicial Conference Oct. 1969 (Cont. Rep!;., p. 51) : March 

1970 (Conf. Rept., p. 7) ; Oct. 1970 (Cont. Rept., p. 77) ; March 1971 (Cont. 

Rept., p. 24) ; Oct. 1972 (Conf. Rept., p. 42). 

Extrajudicial service: 

Resolution of Judicial Conference Oct. 1971 (Conf. Rept., pp. 68, 69) 

Courtroom Pl:!-otography: 

Resolution of Judicial Conference March 1962 (Cont. Rept.. pp. 9, 10) ; 

March 1965 (Conf. Rept., p. 11) . 

ADVISORY COMMITTEE ON JUDICIAL ACTIVITIES 

Judge Elbert P. Tuttle, Chairman, presellted the report of the 

Advisory Committee. 

The Conference agreed that upon adoption of the report of the 

Joint Committee the Advisory Committee should continue in existence but should ho longer be termed an interim committee. . 

The Conference was further of the view that the committee 

should be authoriwd to reply to inquiries not only from federal 
12 


'judges but from all referees in bankruptcy and magistrates, whether 

flin':time;or part-time appointees. " 

-. Judge Tuttle reported tha.t only one formal opinion (Number 

26) had been handed down by the committee since the last session 

-of the Conference. This opinion expressed the view of the committee that a judge's enjoyment of the Blue Cross-Blue Shield coverage was not a disqualification in litigation between either or both 

,of these organizations or other insurors who are in competition for 

>coverage of doctors and hospital services. 

COMMITTEE ON THE OPERATION OF THE JURY 


SYSTEM 


Judge Irving R. Kaufman, Chairman of the Committee on the 

Operation of the Jury System, presented the committee's report 

to the Conference. 

GRAND JUROR UTILIZATION 

It was pointed out to the Conference that the Administrative 

Office does not have ,adequate statistical records to determine 

whethergz:and jurors are being utilized efficiently. At the present 

time the Administrative Office now spends in excess of$3,OOO,OOO 

for grand jurors. Accordingly, the Conference agreed to adopt the 

following policies: 

(1) :Each clerk of court should maintain the following minimal 

-Statistical records: ' ' 

(a) 	An order impaneling the grand jury; 

(b) 	A sign-in sheet or equivalent record that will show at:' 

tendance of grand jurors on a daily basis and the total 

, ," hours served on each day of service; : 

(c) Copies of 	payroll vouchers of individual gr.and jurors 

and covering payroll vouchers for each grand jury; 

(d) Grand jury votes on indictment; 

(e) Any order extending the term of grand jury; and the order 

discharging the grand jury ; 

(2) For the convenience of grand jurors and to achieve the maxi­

'mum utilization of their services, sessions should be scheduled for 

,days certain wh~n a sufficient accumulation of business exis~s fully 

to occupy their time. ' ' 
13 


PERIODIC REPORT UNDER THE JURY SELECTION AND SERVICE ACT 

At its October 1969 session (Conf. Rept., p. 65), the Conference 

approved regulations implementing reporting requirements of the 

Jury Selection and Service Act of 1968. The Conference agreed with 

. the recommendations of the· committee to make the following 

amendments to these regulations: 

(1) The filing date in Regulation 1 for periodic reports ischanged from September 1, 1971 to March 1, 1974 to reflect the 

new timetable for refilling master jury wheels fixed by Public Law 

92-,-269 which lowers the juror age to 18 ; 

(2) Regulation 4 is amended to omit the requirement of occupational data for those persons covered by periodic reports; 

(3) The reference in Regulation 5 to distribution of reporting 

forms "prior to September 1, 1971" is omitted. 

NEW JUROR QUALIFICATION QUESTIONNAIRE 

Public Law 92-437 requires a response to questions on the juror 

qualification form seeking the race and occupation of prospective 

jurors. Accordingly, the Administrative Office and the committee 

redesigned the juror qualification form to comply with this statute 

and the Conference approved the new form. 

BIFURCATION OF JURY TRIALS 

The Conference approved the distribution of a report prepared' 

after an extensive survey on the use of bifurcated trials in civil jury 

cases for determining liability and damages. The Conference noted 

the suggestion of the committee that the final decision on using 

bifurcated juries should be left to the discretion of the judge after 

careful consideration of the advantages and disadvantages thereof 

for the particular situation. 

SIZE OF CIVIL JURIES 

. -The Conference, with the Chairman taking no part in the discussion, reaffirmed its support of legislation which would revise the' 

number of jurors in civil trials to six persons and the number of per-· 

emptory challenges to two. 
14 

COMMITTEE ON THE ADMINISTRATION OF THE 


CRIMINAL LAW 


The report of the Committee on the Administration of the Criminal Law was presented by the Committee Chairman, Judge Alfonso J. Zirpoli. The report of the Subcommittee on the Study of 

the New Criminal Code was presented by Subcommittee Chairman, Judge Ruggero J. Aldisert. 

WITNESS FEES 

The Conference approved the Department of Justice's draft bill 

to amend 28 U.S.C. 1821 to provide that witnesses required to 

travel are entitled to the actual reasonable expenses of travel and 

to provide that witnesses held for want of security for their appearance are entitled to receive $20 per day rather than the $1.00 per 

day now provided. 

JUVENILE DELINQUENCY ACT 

The Conference approved a committee recommendation to 

amend 18 U.S.C. 5031 to provide that the Juvenile Delinquency 

Act shall not be applicable to petty offenses. This amendment is 

necessary to empower United States magistrates to process petty 

offenses involving juveniles who commit petty offenses on federal 

enclaves, particularly traffic violations which run into the hundreds 

each year. 

NARCOTIC ADDICT REHABILITATION ACT 

The Conference noted that its views had been requested on four 

bills, H.R. 1540, H.R. 5612, H.R. 10453 and H.R. 15760, all 92nd 

Congress, which would amend the Narcotic Addict Rehabilitation 

Act of 1966 by expending the provisions of Titles 18 and 28 of the 

United States Code relating to the treatment of drug-dependent 

persons. The Conference agreed that these bills all involved policy 

matters for the decision of the Congress and; accordingly, took no 

action with respect to these bills. 

STANDARDS FOR DISCHARGE AND DISMISSAL 

To implement the provisions of Section 844 (b)(l) of Title 21, 

United States Code, the Conference approved a standard order for 

the discharge and dismissal of defendants, as follows: 
15 


The Court, pursuant to 21 U.S.C. 844(1)) (I) hereby discharges defendant from 

probation and dismisses those proceedings under which probation had been 

ordered and orders that the case files and other court records pertinent to this 

case be sealed and turned over to the clerk of this court. 

PROPOSED NEW FEDERAL CRIMINAL CODE 

The Judicial Conference of the United States, taking note of the 

report of the Committee on the Administration of the Criminal Law 

calling its attention to various measures that have been proposed 

to the Congress for the enactment of a new Federal Criminal Code, 

and considering, on the one hand, the danger of rendering the 

great body of precedent developed over the past obsolete and, on 

the other, the desirability of curing many anomalies and inconsistencies in the present Code: 

(1) Approved in principle the proposal for a new or amended 

Federal Crimipal Code consisting of three parts, the first of which 

would outline the bases of federal jurisdiction and prescribe certain 

principles of general application, the second of which would define 

specific crimes and their jurisdictional bases, and the third of which 

would deal with sentences; and 

(2) Accepted the report of the Committee on the Administration of the Criminal Law which deals with the first part of the proposed measures, directed that the report be forwarded to the Congress without prejudice to reconsideration of specific items by the 

committee and by the Conference as may seem wise in the light of 

future developments, and instructed the committee to continue its 

work on other parts of the proposed measures and to submit further 

reports to the Conference or, if developments should require, directly to the Congress, as soon as practicable. 

COMMITTEE ON HABEAS CORPUS 

Judge Walter E. Hoffman, Chairman of the committee, submitted a written report, relating to S. 567, a bill which provides for 

certain amendments to Sections 2253, 2254 and 2255 of Title 28, 

United States Code. This bill is identical with S.3833, 92nd Congress, which the Conference had previously regarded as a policy 

matter for the consideration of the Congress. Afrerconsiderable 

discussion it wa-s decided that the Congress should have the oonefit 

of judicial experience in the field of habeas corpus and, accordingly, agreed that if the views of the Conference are requested on 
16 


this legislation the committee should study the problem in depth 

and avail itself, if necessary, of the resources of the FederalJudicial 

Center in order to submit a meaningful report based on judicial 

experience to the Congress. 

COMMITTEE ON THE ADMINISTRATION OF THE 


BANKRUPTCY SYSTEM 


Judge Edward Weinfeld, Chairman, presented the report of the 

Committee on the Administration of the Bankruptcy System. 

SALARIES AND ARRANGEMENTS FOR REFEREES 

The committee considered the recommendation contained in 

the survey report of the Director of the Administrative Office, 

dated December 29, 1972, and the recommendations of the circuit 

councils and district judges concerned for con tinuation of new terms 

about to become vacant by expiration of term, for the elimination 

of two referee positions and for changes in arrangements in referee 

service in four districts. The Conference approved the committee's 

report and recommendations, with changes to be effective May 1, 

1973, unless otherwise indicated and subject to the availability of 

funds: 

FIRST CIRCUIT 

Distriot of Maine 

(1) 	Authorized the continuance of the full-time referee position at Bangor 

to become vacant by expiration of term on June 30, 1973, for a term 

of six years, effective July 1, 1973, at the present salary, the regular 

place of office, territory and places of holding court to remain as at 

present. 

SECOND CIRCUIT 

Diatrict of Vermont 

(1) 	Authorized the continuance of the part-time referee position at Rutland 

to become vacant by expiration of term on June 30, 1973, for a term 

of six years, effective July 1, 1973, at the present salary, the regular 

place of office, territory and places of holding court to remain as at 

present. 

THIRD CIRCUIT 

Western District of PennavZvania 

(1) 	Authorized the discontinuance of part-time referee position at 

Joblistown ; 

(2) 	Established concurrent district-wide jurisdiction for the two full-tfme 

referees of the district; 
17 


(3) Designated Pittsburgh, Greensburg, JOhnstoWn. 	Erle,Beave~,·:M:ereer. 

Franklin,Warren, and Ebe.tlsburg as places of holding court tor the 

referees of the district. . 

FOURTH CIRCUIT 

lIG1ltern District of North OaroUna 

(1) Authorized 	the discontinuance of Wilmington as·a place of. ~QldiUG, 

court for the part-time referee at Wilson; 

(2) Designated Fayetteville and New Bern as additional places ot holding 

court. 

¥idd16 District of North OaroUna 

(1) Authorized the continuance of the full-time referee position at Greensboro to become vacant by expiration of term on June 30, 1973, for a 

term of six years, effective July 1, 1973, at' the present salary, the 

regular place of office, territory and places of holding court to remain 

as at present. 

FIFTH CIRCUIT 

JU4tUe District of Alabama 

(1) Authorized 	the continuance of the full-time referee position at Montgomery to become vacant by expiration of term on August 31, 1973, 

for a term of six years, effective September 1, 1973, at the present 

salary, the regular place of office, territory and places of· holding court· 

to remain as' at present. 

SIXTH CIRCUIT 

Bastern District of Kentucky 

(1) Authorized the continuance of the full-time referee position at Lexington to become vacant by expiration of term on August 31, 1973, for, 

a term of six years, effective September 1, 1973, at the present salary, 

the regular place of office, territory and places of holding-court to 

remain as at present. 

HalteN! District of Michigan 

(1) Authorized the continuance of the full-time referee position at Flint to 

become vacant by expiration of term on August 31, 1973, for a term of 

six years, effective September I, 1973, at the present salary, the regular 

place of office, territory and places of holding court to remain as at 

present. 

SEVENTH CIRCUIT 

lIastern DiBtrict of lUinois 

(1) Authorized the continuance of the part-time referee position at Danville 

to become vacant by expiration of term on June 30, 1973, for a term of 

. six years, effective July 1, 1973, at the present salary, the regular place 

of office, territory and places of holding court to remain as at present. 

Southern. Dtstrict of lUinois 

(1) Authorized the continuance of the full-time referee position at Spring.. 

1ieJd to become vacant by expiration of term on June 30, 1973,;for a 

term of six Yf!8.rs, effective July 1,.1973, at the present salary;. the regular place of office, territory and places of holding court to remain as at 

present. 
19 

six years, effective August 1, 1973, at the present salary, the regular 

place of office, territory and places of holding court to remain as at 

present. 

TENTH CIRCUIT 

Western-District of Oklahoma 

(1) 	Authorized the continuance of the full-time referee position at Oklahoma City to become vacant by expiration of term on August 31, 1973, 

for a term of six years, effective September 1,1913, at the present salary, 

the regular place of office, territory and places of holding court to remain as at present. 

No recommendations were requested for continuation of two 

terms of office of referees in bankruptcy which were to expire at 

Mobile in the Southern District of Alabama and at Los Angeles in 

the Central District of California. 

REFEREES' SALARY AND EXPENSE FuND 

The Conference was advised that in fiscal year 1973 the recurring expenses of the bankruptcy system. were estimated at 

$19,851,000, while payment to the Referees' Salary and Expense 

Fund is estimated at $13,200,000. This would result in a deficit of 

$6,651,000 which will make the eighth consecutive year in which' 

receipts have not equaled disbursements. The Conference was informed that, to bring the Fund into balance, all fifty-dollar filing 

fees would have to be increased to ninety dollars and that fees in 

Chapter XIII wage-earner cases would have to be increased to 

forty dollars. In addition, an increase in the percentage charges of 

one-half of one percent would be needed. After full consideration, 

the Conference agreed not to make any changes in filing fees or fee 

schedules, which is consistent with the position tak~n by the Conference at its March 1969 and April 1972 sessions. 

LEGISLATION 

Although noting that several bills relating to the Bankruptcy 

Act had been introduced'in the 92nd Congress, the Conference 

agreed to take, no 1,lCtiQn on fillY legislative proPosals untflthe 

report 'of the' Co:nln:iiBsio~ to Study the Ba;tkniptcy Laws Or the 

United States; has been· received· and' studied. 
20 


COMMITTEE ON THE ADMINISTRATION OF THE 

MAGISTRATES SYSTEM 

Judge Charles M. Metzner, Chairman of the Committee on the: 

Administration of the Magistrates System, presented the report 

of the committee. 

SALARY INCREASES 

The committee recommended that the 5.14 percent comparability salary increase recently granted to government employees 

generally pursuant to 5 U.S.C. 5301 be authorized for the parttime United States magistrates other than those whose present 

salary is higher than that justified by present caseloads or who 

have recently received a significant increase in salary. It was the 

view of the committee that the comparability increase should not 

be authorized for those magistrates who already receive adequate 

compensation for the performance of their duties. Upon recommendation of the corhmittee, the Conference approved the pay 

increases in accordance with the schedule appended to the committee's report. 

MAGISTRATE POSITIONS 

The committee reported that it had considered various requests 

for the creation of additional magistrate positions, changes in 

salaries of magistrates and changes in arrangements. These requests have also been considered by the judicial councils of the 

circuits. In accordance with the recommendation of the committee, 

the Conference approved the following changes in the numbers, 

locations, arrangements, and salaries of magistrates and directed 

that, unless otherwise noted, thef:3~changes be made effective at 

such time as appropriated funds are available. 

SECOND CIRCUIT 

District ot Vermont 

(1) . Increased the sala~ of the part-time magistrate position at .St. Albans , froin $521 ttl ~,400 per anntun. . . '. 

(2) Authorized 	an,adllifli0tfal~ part-time magistrate position at' Newport at: 

a salary of $2,400 per annum. 

(3) 	Discontinued the part-time magistrate position at Brattleboro. 
:.!1 

THIRD CIRCUIT 

District of New Jersey 

(1) 	Continued the part-time magistrate position authorized at Camden 

during the pilot program for an additional four-year term. 

(2) Increa;;;ed 	the salary of the part-time magistrate position at Camden 

from $9.495 to $12,000 per annum. 

(3) 	Continued the part-time magistrate position authorized at Atlantic City 

during the pilot program for an additional four-year term. 

(4) 	Increased the salary of the part-time magistrate position at Atlantic 

City from $527 to $1,200 per anllum. 

Western Di8trict of Pennsylvania 

(1) 	Authorized a part-time magistrate position at Johnstown, in lieu of the 

combined part-time referee and magistrate position, at a salary of $211, 

effective at the expiration of sixty days. 

FOURTH CIRCUIT 

Eastern District of Virginia 

(1) 	Continued the part-time magistrate position authorized at Richmond 

during the pilot program for an additional four-year period at the currently authorized salary of $12,000. 

(2) 	Continued the part-time magistrate position authorized at Alexandria 

during the pilot program for an additional four-year period at the 

currently authorized salary of $10,550. 

(3) 	Continued the part-time magistrate position authorized at Chesterfield 

Courthouse for an additional four-year period at the currently authorized 

salary of $10,000. 

FIFTH CIRCUIT 

Northern Dildriot of AZabama 

(1) 	Increased the salary of the part-time magistrate position at Huntsville from $7,912 to $12,000 per annum. 

(2) 	Increased the salary of the part-time magistrate position at Anniston 

from $2,743 to $7,200 per annum. 

(3) 	Increased the salary of the part-time magistrate position at Florence 

from $2,110 to $2,400 per annum. 

(4) 	Discontinued the part·time magistrate position at Haleyville. 

Southern District of Georgia 

(1) 	Discontinued the part-time magistrate position at Hinesville, and 

transferred the duties thereof to the part-time position at Savannah. 

(2) 	Increased the salary of the part-time magIstrate position at Savannah 

from $12,000 to $14,500 per annum. 

(3) 	Increased the salary of the part·time magistrate position at Augusta 

from $3,165 to $12,000 per annum. 

(4) 	In view of the cost savings resulting from the discontinuance of the 

part-time position at HineSVille, these salary increases are to be made 

effective July 1, 1973. 

Western Distriot Of Te:»as 

(1) 	Increased the salary of the part·time magistrate position at San Antonio from $7,912 to $12,000 per annum. 
22 


EIGHTH CIRCUIT 

District of South Dakota 

(1) 	Increased the salary of the part-time magistrate position at Winner 

from $316 to $422 per annum. 

(2) 	l\Iade this increase effective July I, 1973. 

NINTH CIRCUIT 

Southern District of Ga.Ufornia 

(1) 	Continued the part-time magistrate position authorized at San Diego 

during the pilot program for an additional four-year term at the currently authorized salary of $12,000. 

District of Oregon 

(1) 	Abolished the part-time magistrate positions at Crater Lake and Eugene 

and authorized a combined referee-magistrate position at Eugene with 

an additional salary of $4,000 per annnm, effective at the expiration 

of sixty days. 

TENTH CIRCUIT 

District of Golorado 

(1) 	Increased the salary of the part-time magistrate position at Colorado 

Springs from $1,582 to $7,200 per annum. 

District of Kansas 

(1) 	Continued the part-time magistrate position authorized at Junction 

qty during the pilot program for an additional four-year term. 

(2) 	Increased the salary of the part-time magistrate position at Junction 

City from $527 to $800 per annum. 

(3) 	Continued the part-time magistrate position authorized at Leavenworth during the pilot program for an additional four-year term at the 

currently authorized salary of $211 per annum. 

(4) 	Continued the part-time magistrate position authorized at Parsons 

during the pilot program for an additional four-year term at the currently authorized salary of $211 per annum. 

(5) 	Continued the part-time magistrate position authorized at Salina during the pilot program for an additional four-year term at the currently 

authorized salary of $211 per annum. 

(6) 	Continued the part-time magistrate position authorized at Colby during the pilot program for an additional four~year period. 

(7) 	Increased the salary of the part-time magistrate position at Colby from 

$105 to $200 per annum. 

(8) 	Continued the part-time magistrate position authorized at Garden City 

during the pilot program for an additional four-year period. 

(9) 	Increased the salary of the part-time position at Garden City from 

$105 to $400 per annum. 

(10) 	Continued the part-time magistrate position authorized at Hays during 

the pilot program for an additional four-year period. 

(11) 	Increased the salary of the part-time position at Hays from $105 to 

$400 per annum. 

(12) 	Discontinued the part-time magistrate position at Lawrence. 

(18) 	DiscontinUed the part-time magistrate position at Hutchinson. 
23 


ADMINISTRATIVE REGULATIONS 


The Conference, upon recommendation of the committee, approved a change in Section 1.1 of the REGULATIONS OF THE 

DIRECTOR OF THE ADMINISTRATIVE OFFICE, relating 

to the payment of the salary of part-time magistrates, by deleting 

the reference to a yearly payment of the salary of magistrates earning $600 or less per year. 

SERVICE AS SPECIAL MASTER 

The committee reported that it had received an inquiry concerning the propriety of taxing civil litigants fees for work performed 

by a full-time magistrate serving as a special master. Upon recommendation of the committee, the Conference decided, as a matter 

of policy, that no fees should be taxed to the litigants for the services performed by a full-time United States magistrate serving 

under appointment as a special master. 

The committee was authorized to consider further the propriety 

of a part-time magistrate accepting a fee for service as a special 

master. 

CONFLICTS OF INTEREST 

The Chief Judge of the Eastern District of Virginia had requested 

a change in Rule 4 of the conflict-of-interest rules adopted by the 

Conference in March 1969 (Conf. Rept., p. 33) so as to permit the 

partners and associates of a part-time United States magistrate to 

participate in any criminal case in the federal court in which the 

magistrate serves; provided that the magistrate had no prior connection with the case. The Conference approved the recommendation of the committee that no change be made in this conflict-ofinterest rule. 

COMMITTEE 	ON THE ADMINISTRATION OF THE 

PROBATION SYSTEM 

Judge Albert C. Wollenberg, Chairman of the Committee on the 

Administration of the Probation System, presented the committee 

report. 
24 


BACKGROUND INVESTIGATIONS OF NEW ApPOINTEES 

The Conference at its September 1968 session (Conf. Rept., pp. 

68-69) instructed the Director of the Administrative Office to 

arrange for a full-field investigation by the Federal Bureau of 

Investigation of the background of each person appointed as a 

probation officer. The Conference noted that of the 168 additional 

officers authorized by the Congress for fiscal year 1973, by February 

1973 17 district courts had appointed a total of 33 probation officers 

prior to the completion of the investigation by the F.RI. Subsequently, several of the investigative report-s revealed information 

which, in the view of the committee, should have been available to 

the court for consideration before the applicant was appointed. 

Accordingly, the Conference adopted the committee recommendation and instructed the Director of the Administrative Office that 

he is not to pla.ce on the payroll any person appointed to the position of probation officer until the F.RI. investigation has been 

completed and a summary of the results of the investigation has 

been furnished to the appointing court, except when the Director 

of the Administrative Office determines that an emergency situation requiring immediate appointment exists. 

SENTENCING INSTITUTES 

The Conference resolved that henceforth the Federal Judicial 

Center, in cooperation with the Committee on the Administration 

of the Probation System and the Attorney General of the United 

States, shall assist in the formulation and preparation of all future 

sentencing institutes held in accordance with the provisions of 

Section 334 of Title 28, United States Code. 

LEGISLATION 

(1) The Conference approved in principle the draft bill by 

Senator Burdick to establish a Parole Commission. This bill is 

a revision of S. 3993, 92nd Congress. The Conference noted its 

specific approval of four basic principles in the bill, namely: 

(1) Regionalization of. Parole Board hearings and original actions with provision for appeal to the National Parole Commission; 

(2) That applicants for parole be allowed to select a non-lawyer advocate; 

(3) That applicants for parole and their advocates shall have reasonable 

access to their files with certain exceptions; and 
25 


(4) That the Parole Commission shall furnish ea(!h appli(!ant for parole a 

written statement of reasons for its actions when the appli(!ation Is denied. 

If access to any part of the presentence investigation report is 

denied, the Commission must summarize the basic content thereof 

and furnish the summary to the inmate or his advocate. The Conference agreed with the committee recommendation that Section 

4203(b) (4) which provides that the appropriate court may retain 

the discretion to approve any such summary of any presentence 

report be followed by the words "by written direction or order." 

(2) The Conference disapproved H.R. 1598, a bill which would 

also create a regionalized Federal Board of Parole as an independent establishment in the Executive Branch, insofar as it varies from 

the Parole Commission Act commented upon above. The Conference specifically disapproved the proposal to provide for the 

judicial review of Parole Board decisions. 

(3) The Conference approved in principle n.R. 385, a bill which 

would amend certain provisions of Chapter 311 of Title 18, United 

States Code, relating to parole. The-Conference did, however, question the desirability of requiring as a condition of eligibility for 

release on parole that the prisoner "has made positive efforts toward 

his own rehabilitation." The Conference also recommends that the 

provisions of 18 U.S.C. 4208 (a) (2) which are omitted from n.R. 

385 be restored. 

(4) The Conference approved in principle S. 798 which provides 

that a committing officer on recommendation of the attorney for the 

government may release a person charged with an offense against 

the United States by diverting him to a voluntary program of 

community supervision and services. The Conference, however, expressed the view that the federal probation system should be designated as the agency to provide the programs of supervision and 

services rather than an agency of the Department of Justice and 

that the Congress should authorize sufficient funds for the federal 

probation system to provide these services. The Conference further 

recommended that Section 3(4) of the proposed bill be amended 

so as to define Clcommitting officer" as any judge or magistrate "in 

any case in which he has potential trial jurisdiction or in any case 

which has been assigned to him by the court for such purpose." 
26 


COMMITTEE ON INTERCIRCUIT ASSIGNMENTS 

Judge Roy W. Harper, Chairman of the Committee on Intercircuit Assignments, presented the report of the committee. 

The report covered intercircuit assignments for the period September 15, 1972 to March 1, 1973. During this period the Committee recommended 89 assignments to be undertaken by 56 judges, 

four of whom are circuit judges in active status, 13 senior circuit 

judges, 11 district judges in active status and 22 senior district 

judges. One retired Supreme Court Justice, one active and two 

senior judges of the Court of Claims, one active judge of the Court 

of Customs and Patent Appeals and one senior judge of the Customs 

Court participated in 12 assignments. There were 49 assignments 

to the courts of appeals, one to the Court of Customs and Patent 

Appeals and three to the Court of Claims. 

Judge Harper reported that the bulk of the regular intercircuit 

assignments were carried out by senior judges and that most of the 

assignments of active judges were for special purposes, such as 

handling assignments in multidistrict litigation cases. 

COMMITTEE TO IMPLEMENT THE CRIMINAL 


JUSTICE ACT 


Judge Roszel C. Thomsen, Chairman, presented the report of the 

Committee to Implement the Criminal Justice Act. 

The Conference noted and authorized for distribution the Report 

of the Director of the Administrative Office on Appointments and 

Payments under the Criminal Justice Act, as amended, for the 

period ending December 31, 1972. During the first half of fiscal 

year '73 private attorneys were appointed to represent 20,272 persons. The federal public defenders and the community defender 

organizations reviewed 4,902 cases. Over all, during the first half 

of fiscal year 1973 there was an increase of 8.6 percent in the number 

of persons represented, due in large measure to appointments in 

petty offense cases, consistent with the Supreme Court decision in 

Argersinger v. Hamlin. A substantial increase in discretionary appointments for probation violators, habeas corpus petitioners and 

material witnesses also was noted. 

Payments to private attorneys appointed during fiscal year 1972 

averaged $648 for services rendered in the courts of appeals and 

$271 for services in the district courts of the United States. Claims 
27 


for compensation for attorneys in extended or complex representation as approved by the chief judges of the circuits in this period 

aggregated $433,737 and averaged $2,106. A substantial increase 

was noted in the first six months of fiscal 1973 in payments for 

transcripts, investigative, expert and other services which aggregated $325,684 as compared with $197,826 in the first six months 

of fiscal year 1972. The largest element in this increase was for the 

payment of transcripts. 

During fiscal year 1973 the sum of $1,775,000 was allocated for 

the operation of the eight federal public defender offices and the 

sum of $1,194,288 for the five community defender organizations 

which operate on sustaining grants. 

The Conference also noted the report of the Director of the 

Administrative Office furnished pursuant to the directive of the 

Judicial Conference at the October 1972 session (Conf. Rept., p. 54) 

which requires him to report on a semiannual basis to the chief 

judges of the circuit and district courts the names of any attorneys 

who during the preceding six-month period received more than 

$6,000 as payment for services rendered pursuant to appointment 

by that court under the Criminal Justice Act. The Conference noted 

that the appropriate pages of the report have been sent to the 

courts involved. 

COMMUNITY DEFENDER ORGANIZATIONS 

Pursuant to the authority vested in it by Section (h) (2) of the 

Criminal Justice Act, as amended, the Conference approved the 

following grants to community defender organizations for fiscal 

year 1974: 

Federal Defender Program, Inc., Chicago, Illinois___________________ $204,000 

Legal Aid and Defender Association of Detroit, Michigan_____________ 208,000 

Community Defender Organization of Minneapolis, Minnesota_________ 29,910 

Federal Defender Services Unit of the Legal Aid Society of New York__ 650,000 

Defender Association of Philadelphia_______________________________ 202,000 

GUIDELINES 

The Conference approved the adoption of two additional guidelines for use in implementing the Criminal Justice Act, as follows: 

In accordance with the decision in United States v. John Sun King Kang (9 

CA, 468 F. 2nd 1368, decided October 5, 1972), counsel may be appointed under 

the Criminal Jusnce Act, as amended, for a person charged with civil contempt 

who faces loss of liberty for failure to comply with an order of the court. 
28 


Xeither the Criminal Justice Act, as amended, nor Public Law 91-545, December 11, 1970, which amended 28 U.S.C. 753, requires that, in a direct appeal in 

a case in which counsel is assigned pursuant to the Criminal Justice Aet, a 

pauper's oath be signed for obtaining necessary parts of the transcript or, if 

required, the entire transcript. 

COMMITTEE ON RULES OF PRACTICE AND 


PROCEDURE 


Judge Albert B. Maris, Chairman, presented the Report of the 

Committee on Rules of Practice and Procedure. 

CRIMINAL RULES 

Judge Maris reported that the standing committee and a subcommittee of the Advisory Committee on Criminal Rules had met 

with counsel of the Subcommittee on Criminal Laws and Procedure 

of the United States Senate pursuant to authority granted by the 

Judicial Conference. at the October 1972 session (Conf. Rept., p. 47). 

He stated that the committees were able to consider all of the proposals contained in Title 2 of S. 1, 93rd Congress, and to reach a 

unanimous judgment, with which counsel for the Senate subcommittee concurred, as to those provisions which should be retained 

in the statute, those which should be transferred to the Rules and 

those which should be dropped as obsolete. The form which the 

provisions should take which are to be transferred to the Rules was 

agreed upon in principle and is being worked out in detail by the 

reporter for the advisory committee to present to the Senate Subcommittee in specific form at a later hearing. 

Judge Maris stated that the Advisory Committee on Criminal 

Rules had approved amendments to the rules which have been 

distributed to the bench and bar in pamphlet form, with February 1, 1974 as the deadline fixed for the receipt of comments and 

suggestions. 

BANKRUPTCY RULES 

Judge Maris stated that preliminary drafts of Chapter XI Rules 

(Arrangements) and Chapter X Rules (Corporate Reorganizations) 

are now before the bench and bar for comment. The advisory committee has also approved for publication a preliminary draft of 

rules for proceedings under Chapter XII (Real Property Arrangements) of the Bankruptcy Act which will be distributed to the 
29 


bench and bar shortly. Work is progressing or has been planned 

on rules to cover Chapter IX (Composition of Indebtedness of 

Local Taxing Agencies) and Section 77 of Chapter VIn (Railroad 

Reorganization) . 

COMMITTEE ON THE BUDGET 

Judge Carl Weinman, Chairman of the Budget Committee, advised the Conference that the hearings on the 1974 appropriations 

had been completed before both the House and Senate Subcommittees on Appropriations. 

Judge Weinman stated that the request for the judiciary appropriation was approximately $16,000,000 higher than that of the 

current fiscal year, with almost $7,000,000 of that amount attributable to increased personnel for the federal probation service. The 

appropriation for fiscal year 1973 was $188,840,600. In addition, a 

supplemental in the amount of $6,313,000 is being sought for the 

current fiscal year. The total request for fiscal year 1974 is in the 

amount of $205,441,000. 

Judge Weinman pointed out to the Conference the desirability 

in future years of having all committee reports which pertain to 

the budget in the hands of the Administrative Office by July 15 

in order to meet the requirements of the budget cycle. The need 

for written justifications for any requests for additional appropriations was also stressed. 

The Conference rejected the motion of Chief Judge Bazelon that 

it rescind the antion taken at the October 1972 session (Conf. Rept., 

p.32) relating to Criminal Justice Act appropriations for the local 

courts of the District of Columbia. 

PRETERMISSION OF TERMS OF COURTS OF APPEALS 

The Conference approved the pretermission of terms of courts of 

appea1s, pursuant to 28 U.S.C. 48, for those sessions of the Court of 

Appeals for the Fourth Circuit to be he1d at Asheville, North Carolina, during the court year 1973-1974 and for those sessions of the 

Court of Appeals for the Eight.h Circuit to be held at places other 

than St. Louis, Missouri, and St. Paul, Minnesota, during the court 

year 1973-1974. 
30 

RELEASE OF CONFERENCE ACTION 

The Conference authorized the immediate release of its action 

on matters considered at this session where necessary for legislative 

or administrative action. 

WARREN E. BURGER, 

Chief Justice of the United States. 

APRIL 21, 1973 
INDEX 

Page 

Administrative Office of the U.S. Courts, Report of the Director_ 3 

Administrative reguJations____________________________________ _ 23 

Appropriations________ _______________________ _ 29 

American Bar Association Code of Judicial Conduct___ _ _ __________ _ 9 

Modifications to __________________ _ 10 

Bankruptcy administration: 

Committee on, report oL______________________________________ _ 16 

Legislation __________________________________________________ _ 19 

Referees: 

Salaries and arrangements for_______ ______ _ _ _________ _ 16 

Salary and expense fund ___________________________________ _ 19 

Bankruptcy 1'ule8__________________________ _ _ __________ _ 28 

Budget: 

Committee on, report oL___________ _ __________ _ 29 

Chief deputy clerks position__ __ __ _ _________________________ _ 6 

Circuit executives: 

Election of member of Board of Certification_ __ _ _ _ _ _ _ _ __________ _ 2 

Clerks' offices: 

Chief deputy clerks position __ __ 6 

Community defender organizations_ 27 

Conference: 

Call oL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 

Release of action _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ ______________ _ 30 

Conflicts of interesL__ ________ _ __________________________ _ 23 

Court administration: 

Accommodations for circuit judges___ - - - - - - - - - - - - c - ____ - - - _ - - -_ 4 

Appointment of acting U.S. attorneys and marshals _____ 7 ______,___ _ 6

Change of name for subcommittee_________________ ~ ____________ _ 4 

Chief deputy clerk positions __________________________________ _ 6 

Committee on, report oL__ _ _ _ _ _ _ _ _ _ _ _ _ _ _______________ ' ______ ' 4 

Court of appeals opiniolls____ _ _ _ _ __________________________ __ _ 5 

Court of appeals personneL ______________________________ _____ ' 6 

Filing fees in federal courts ____________________________________ _ 4 

Judicial Survivors Annuity AcL________________________________ _ 5 

LegisJation____ _ _ _ _ _________________________________________ _ 6 

Qualification standard for junior lawclerL __________________ ~ ___ _ 5 

Retirement of judges_________________________________________ ~_ 7 

Courts: 

Circuit: 

Filing fees_ _ _ _ ____ __ _ _ __________________________________ _ 4 

0pinions_ __ _ ____________________ ,,- ___________________ -; __ _ 5 

PersollneL__________ '_____________________________________ _ 6 

State of the dockets_ __ _ _ _ _ _____________________________ _ 3 

District: Filingfees______________________________________________ _ 4 

State of the dockets _______________________________________ _ 3 

(31) 
32 


Criminal Justice Act: Page 

Appointments and payments__ 2(' 

Committee on, report oL____ _ 26 

Community defender organizations __ _ 27 

Guidelines ____ _ 27 

Criminal law: 

Committee on, report oL____ _ 14 

Juvenile Delinquency Act_ 14 

Narcotic Addict Rehabilitation Act- __ _ 14 

Proposed new Federal Criminal CodI' __ _ 15 

Standards for discharge and dismissaL __ _ 14 

Witness tees____ ____ ______ _ 14 

Criminal rules_ ___ __ 28 ----,--­ Discharge and dismissal of defendants______ _ 14 

Elections: 

l\1('mber of Board of Federal Judicial Center__ __ _ _ _ _ _ ___ _ 2 

Member of Board of Certification for Circuit Executives______ _ 3 

Federal Criminal Code, proposed new _ _ _ __ ___ 15 

Resolution on__ _____________________ _ 15 

Federal Judicial Center: 

Election of board member ___ _ 2 

Fees, witness______ _____ _________ _______ _ 14 

Filing fees in federal courts____ ________ ____ _ _______________ _ 4 

Grand juror utilization_____ ____ ____ ____________________ _ 12 

Griswold, Honorable Erwin N.: 

Re~olution expressing appreciation and best wishes on the retirement 

of, as Solicitor GeneraL__ _________ _____________________ _ 2 

Guidelines to the Criminal Justice Act_ __ _ _ ___ 27 

Habeas corpus: 

Committee on, report oL__ 15 

Legislation _____________ _ 15 

Intercircuit assignments: 

Committee on, report oL__________ _ 26 

Judges: 

Accommodations for circuit judges______ _ 4 

Financial reports_____________ ______ _ 7 

Retirement oL__ ___ _________ __________ ___ __________ _ 7 

Judicial activities: 

Change of name__________________________________________ _ 11 

Committee on, report oL_____________________________________ _ 11 

Jurisdiction over referees and magistrates_ __ _ _ _ __ _ __ _ _ _ _______ _ 11 

Judicial conduct, joint committee on standards of: 

Committee on, report oL___ _ 9 

Modifications of A.B.A. code ____ _ 10 

Statutes and resolutions_ 11 

Judicial improvements: 

Subcommittee on, name changed from Subcommittee on Judicial 

Salaries, Annuities and Tenure_ __________________________ _ 4 

judicial Survivors Annuity Act____________________________________ _ 5 

Juries, size of civiL _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ __ _ _ _ __________ _ 13 

Jury qualification questionnaire_____ _ ___________________________ _ 13 

Jury Selection and Service Act: 

Periodic report under__ _ 13 
33 

Jury system: Page 

Bifurcation of jury trials___ _ __ __ _______ ________ _ 13 

Committee on, report oL_ _ _________ 12 

Grand juror utilization____ __ __ __ _ __ _ __ __ _ ___ ____ 12 

New juror qualification questionnaire _ _ _ _ _ _ _ _ _ _ _ 13 

Periodic report under the Jury Selection and Service Act- _ 13 

Size of civil juries____ __ ________ ____ __ __ 13 

Jury trials, bifurcation oL _ __ _ _ _ __ _ _ _ _ _ 13 

Juvenile Delinquency AcL____ _____________ __ ___ _ 14 

Law clerk, qualification standard for juniOL _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ 5 

Legislation: 

Bill to establish position of crier-clerk within the judicial branchreaffirmed approvaL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6 

Bill to appoint transcribers of official court reporters' transCl ipt in 

U.S. district courts-reaffirmed approvaL____ ___ _ ___________ 6 

Bill to provide accelerated within-grade salary increases for secretaries to judges of the U.S.-reaffirmed approvaL___________ __ 6 

Bill to appoint legal assistants in the courts of appeals-reaffirmed approvaL_ _____ _____ __ ____ __ __ __ ____ 6 

Bill to appoint officers and employees to the Court of Claims, Court 

of Customs and Patent Appeals and Customs Court--approval

reaffirmed_ _ _ _ _ _ _ _ _ _ _ _ _ _ 6 

S. 567, bill to provide for certain amendments to Sections 2253, 2254 

and 2255 of Title 28, U.S. Code-if views are requested, will refer to 

Habeas Corpus Committee for study and avail itself of resources of Federal Judicial CenteL___________ ________________ _____ 15 

Bills relating to Ban~ptcy Act--no action until report of Commission 

to Study the Bankruptcy Laws of the United States has been re­ ceived and studied____________ __________________ __ __ _ 19 

Draft bill to establish a Parole Commission, revision of S. 3993, 92nd 

Congress-approved in principle_______________________________ 24 

Magistrates: 

Inclusion under the jurisdiction of the advisory committee on judicial activities_ _______ ____________________________ _______ ____ 11 

Positions_____________________ __ __________________________ 20 

Salary increases_ _ ______________ _____ __ _____ _ _ __ __ ___ __ ____ _ _ _ 20 

Serving as special masters______ ____ _ _______ 23 

Magistrates system: 

Administrative regulations____ _ __ __ ____ _______ ____ ___ _ _ ___ ___ __ 23 

Committee on, report of__________________________ _____________ 20 

Conflicts of interest__ _ _ _ _ __ ___ _ _ _ __ __ __ _ _ _ _ _ ___ _ _ _ __ _ _ _ _ _ __ _ _ _ 23 

Magistrates positions_ _ _ ___ ___ ____ ___ _ _ _ __ _ _ __ _ _ _ _ __ __ _ _ _ _ _ _ __ _ 20 

Salary increases_ _ ___ __ __ ___ _____ ___ _____ ____ ___ _ ___ ____ ____ 20 

Service as special master_ __ __ __________ __ ___ ____ ____ _____ _____ 23 

Narcotic Addict Rehabilitation Act__ ____ _ _ _ _ _ ____ _ _ _ _ _ _ __ ___ _ _ _ __ _ _ 14 

Pretermission of terms of courts of appeals ______ ~_ _ _ _ __ ___ _ _ _ _ _ _ _ ___ __ 29 

Probation system: 

Background investigations of new appointees_ ____ ____ ___ ________ _ 24 

Committee on, report oL__ _ _ __ __ _ _ ___ _ _ _ _ _ _ __ ___ __ ___ _ _ __ __ _ _ __ 23 

Legislation____________________________________________________ 24 

Sentencing institutes__ _ _ _ __ _ _ _ _ _ ____ _ _ _ _ __ __ __ _ _ _ _ _ _ ___ ___ _ _ _ _ _ 24 
34 


Probation officers: Page 

Background investigations of new appointees____ _ ______________ _ 24 

Qualification standard for junior law clerk___ _ _____________________ _ .') 

Heferees: 

Inclusion in jurisdiction of advisory committee on judicial activitieL_ 11 

Salaries and arrangements fOL___ _ ________________ _ 16 

Salary and expense fund____ _ ______________________ _ 19 

Resolutions: 

Adopting the A.B.A. Code of Judicial Conduct with certain modifications_____________ _______ _______ _ ____________________ _ 10 

Approving in part the new proposed Federal Criminal Code _______ _ 15 

On completion of term of office as Solicitor General of the United 

States by the Honorable Erwin N. Griswold _________________ _ 2 

Review Committee: 

Committee on, report oL__ 7 

Recommendations oL_____ _ 8 

Rules of practice and procedure: 

Bankruptcy rules_____________________ _ ____________ _ 28 

Committee on, report oL___ _________ ___ _ ___________________ _ 28 

Criminal rules _______________________________________________ _ 28 

Salaries and arrangements for referees ___ _ 16 

Salary and expense fund for referees ____ _ 19 

Sentencing institutes ___________________ _ 24 

Statistics, judicial: Bankruptcy_ _______ _ ___________________________________ _ 3 

Courts of appeals _____________________________________________ _ 3 

Criminal Justice AcL ________________________________________ _ 26 

District Courts____________ _______________ _ ____________ _ 3 Probation__________________________________________________ _ 3 

Statutes and resolutions of the Judicial COnference ___________________ _ 11 

United States Attorneys and marshals, appointment of acting__________ _ 6 Witness fees_ _ _ __ ____ _ _ _ _ _ ____________________________________ _ 14 

o 

U,S. GOYEItHMtHT PRINTING OFFICE: 1111