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October 29-30, 1970 (J REPORT of the PROCEEDINGS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES OCTOBER 29-30, 1970 (J WASHINGTON, D.C. 1970 c)) =============== o ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS Rowland F. Kirks Director () f ' REPORT of the PROCEEDINGS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES OCTOBER 29-30, 1970 WASHINGTON, D.C. 1970 {\ \.:J 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 shall preside at ~uch 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 di:strict judges of the circuit at the annual judicial ('onference of the cireuit held pursuant to section 333 of this title and shall serve as a mem­ ber of the conference for three successive years, except that in the year follow­ ing the enactment .of this amended section the judges in the first, fourth, seventh, and tenth circuits shall ehoose 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 I circuits shall choose a district judge to serve for three year~. 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 cir­ cuit 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 admin­ istration of justice in the courts of the United States may be improved. 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 !iubmit suggestions to the various courts, in the interest of uniformity and expedition of business. The conference !ihall also carryon 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 pur­ suant to law. Sucl1 changes in and additions to those rulel!l as the conference may deem desirable to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the .elimination of unju~tifiable expense and delay sihaU 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 Ohief 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 i!! a party. The Chief Justice shall submit to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation. (IV) ( ) ( TABLE OF CONTENTS REPORT OF THE PROCEEDINGS Ol!' THE JUDICIAL CONFERENCE OF THE UNITED STATES, OCTOBER 29-30, 1970 Page Call of the COnferenee________________________________________________ 53 Report of the Director of the Administrative Office of the United States Courts_________________________________________ 54 Executive COmmittee_________________________________________________ 55 Committee on the Administration of the Criminal Law________________ _ 55 Expediting Trials________________________________________________ _ 55 Review of Sentences _____________________________________________ _ 56 Appeal by a Defendant Following Entry of a Guilty Plea___________ _ 57 Habeas Corpus___________________________________________________ 57 Preparation of Transcripts on AppeaL____________________________ _ 57 Other Legislation_______________________________________________ _ 57 Committee on the Operation of the Jury System_______________________ _ 58 Prejudicial Publicity____________________________________________ _ 58 Voir Dire Proeedures____________________________________________ _ 59 Supplemental Questionnaire Forms________________________________ 59 Jury Summons __________________________________________________ _ 59 Periodic Reports Under the Jury Selection AcL___________________ _ 60 Juror UtHlz!IJti(}n ________________________________________________ _ 60 ( : Jury Utilization SpecialisL______________________________________ _ 60 Committee on Bankruptcy Administration______________________________ 61 Salaries and Arrangements for Referees__________________________ _ 61 Legislation -----------------------------------------------------­ 64 Audit of Statistical Reports______________________________________ _ 64 Chapter }elll Cases_____________________________________________ _ 64 Seminars for Referees___________________________________________ _ 65 Committee on the Administration of the Probation System_______________ 65 Sentencing Institute______________________________________________ 65 Transfer of Jurisdiction of Probationers___________________________ 65 Work Requirements for Probationers_____________________________ _ 66 Committee on Intercircult Asslgnments________________________________ 66 Committee to Implement the Federal Magistrates AcL_________________ _ 67 Mag~rate Positions_____________________________________________ _ 67 Administrative Regulations______________________________________ _ 71 Salaries of Magistrates__________________________________________ _ 71 Forfeiture of CollateraL_________________________________________ _ 71 Vacancies in Magistrate Positions_________________________________ 72 (V) (VI) Page Committee on Uules of Practice and Procedure_________________________ _ 72 Rules of Evidence ___________________________________________ .____ _ 72 Civil, Cr:iminal and Appellate Rules ______________________________ _ 73 lragistrate Rules________________________________________________ _ 73 n Supplemental Electronic Recording _______________________________ _ 73 Future Organization of the Rules Program ________________________ _ 74 C-ommittee to Implement the Criminal Justice Act_____________________ _ 75 Appointments and PaymenUl _____________________________________ _ 75 Statutory Amendments__________________________________________ _ 75 Committee on Court Administration__________________________________ _ 76 Judicial Reform Act of 1969______________________________________ _ 76 Financial Reporting_____________________________________________ _ 77 Court ~ecutives _________________________________________________ 77 Additional Divisions and Places of Holding CourL________________ _ 77 Legislative lratters_______________________________________________ 78 Three-Judge District Courts _____________________________________ _ 78 Division ()f Jurisdiction Between State and li'ederal COurts ________ _ 79 Additional Judgeships___________________________________________ _ 79 Supporting Personnel _____________________________________________ 80 Secretaries to Judges _________________________________________ 80 Court Reporters_____________________________________________ _ 80 Crier-Clerk __________________________________________________ 80 Interpreter _________________________________________________ _ 80 Courts of Appeals PersonneL________________________________ _ 80 Chief Deputy Clerks of Courts of Appeals____________________ _ 81 Law Clerk for Senior Judge__________________________________ _ 81 Law Clerk for District Judge________________________________ _ 81 Committee ()n Trial Practice and Technique__________________________ _ 81 Committee on the Budget____________________________________________ _ 82 (-J; Special C.ommlttee ___________________________________________________ _ 83 Pretermission of Terms of Courts of Appeals___________________________ 83 Release of Conference Action ________________________________________ _ 83 ( ( The Judicial Conference of the United States convened on Oc­ tober 29,1970, pursuant to the call of the Chief Justice of the United States, issued under 28 U.S.C. 331, and continued in session on October 30. The Chief Justice presided and the following members of the Conference were present: District of Columbia Circuit: Chief Judge David L. Bazelon Chief Judge Edward M. Curran, District of Columbia First Circuit : Chief Judge Bailey Aldrich Judge Edward T. Gignoux, District of Maine Second Circuit: Chief Judge J. Edward Lumbard Chief Judge Sidney Sugarman, Southern District of New York Third Circuit : Chief Judge William Henry Ha.stie Chief Judge Caleb M. Wright, District of Delaware Fourth Circuit: Chief Judg(' Clement F. Haynsworth, Jr. Judge Oren R. Lewis, Eastern District of Virginia Fifth Circuit: ( Chief Judge John R. Brown Chief
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