Report of the Proceedings Ofa Special Session of the Judicial Conference of the United States

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Report of the Proceedings Ofa Special Session of the Judicial Conference of the United States • REPORT OF THE PROCEEDINGS OFA SPECIAL SESSION OF THE JUDICIAL CONFERENCE OF THE UNITED STATES MARCH 10, 11, 1960 WASHINGTON, D.C. , l r 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 and a district judge frQm each judicial circuit to a conference at such time and place in the United States as he may designate. He shall 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 Ohief 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 333 of this title and shall serve as a member Qf the conference for three successive years, except that in the year following the enactment of this amended sectiQn the judges in the first, fQurth, seventh, and tenth circuits shall chQ()Se a district judge to serve for one year, the judges in the second, fifth, and eighth circuits, shall choose a district judge tQ serve for two years and the judges in the third, sixth, ninth, and District of CQlumbia circuits shall choose a district judge to serve fQr 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 Qther circuit or district judge from such circuit. If the chief judge of the Court of Claims is unable to attend the Chief Justice may SUIDmon 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 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 submit suggestions to the various courts, in the interest of uuiformity and expedition of business. The Conference shall 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 pursuant to law. Such ehanges in and additions to those rules as the Con­ ference 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 eonsideration and adoption, modifica­ tion 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 proceed­ ings of the Judicial Conference and its recommendations for legislation. (n) () TABLE OF CONTENTS REPORT OF THE PROCEEDINGS OF A SPECIAL SESSION OF THE JUDICIAL CONFERENCE OF THE UNITED STATES, MARCH 10, 11, 1960 Page Call of the COnference_____________________________________________ --­ 1 Report of the Attorney GeneraL_____________________________________ _ 2 Expedition of court business_________________________________________ _ 2 Additional judgeships_______________________________________________ _ 3 Committee on the Budget_______________________________________________ 5 Joint Report of the Committee on Supporting Personnel and the Committee on Court Administration: Additional judgeships_________________________________________ ~ __ 6 ])eputy clerks of court_____________________________________________ _ 7 Court reporters_____________________________________________----­ g Court criers and messengers_____________________________________ _ Secretaries ______________________________________________________ 9 9 Other supporting personneL______________________________________ 10 InterPreters and psychiatrists____________________________________ _ 10 Witness' Fees in Habeas COrPus Cases in forma pauperis___________ 10 ( National Park commissioners ____________________________________ _ 11 Audits of accounts of court officers________________________ .______ _ 11 Standing masters under Rule 53__________________________________ _ It Seminar for new judges________________________________ .__________ _ 11 Arbitration of automobile accident cases __________________________ _ 12 Additional matters referred to the Committee on Supporting Person­ nel____________________________________________________________ 12 Bankruptcy Administration: Salaries and arrangements________________________________________ 12 Salarles, terms of office and retiremenL___________________________ 14 Legislation: ])ischargeability of provable debts_____________________________ 15 Authority to determine the etfect of a discharge_______________ 16 Summary jurisdiction________________________________________ 16 Time for review of referees' orders____________________________ 16 Filing fee in Chapter X proceedlngs___________________________ 16 Verification of proofs of claim_________________________________ 17 Preferences, liens and title to property_________________________ 17 Notices in Chapter XIII cases_________________________________ 18 Filing claims in Chapter XI cases_____________________________ 19 llttorneys' fees_______________________________________________ 19 Appointment of receivers and trustees_____________________________ 20 Schedule of fees and special charges_______________________________ 20 Jury trials by Referees in Bankruptcy_____________________________ 22 flabeaa Corpus Procedure_____________________________________________ 23 (m) IV Committee on the Administration of the Criminal Law: Page Setting aside convictions of youth offenders________________________ _ 23 ( Mandatory capital punishment in the District of COlumbia__________ 24 Appeals by the United States in cri.minal cases____________________ _ 24 Institute of COrrections_________________________________ 25 Criminal offense not committed in any districL_____________________ 25 Punishment for contempt of court__ ~______________________________ 25 ~e for noting an appeal_______________________________________ _ 26 Abolition of capital punishmenL ___________________________________ 26 Time in confinement prior to sentencing ___________________________ _ 26 Payment of compensation to counsel appointed to represent poor per­ sons accused ofcrime___________________________________________ 27 United States commissioners_____________________________________ _ 27 Juvenile offenders in the District of COlumbia ______________________ 27 Committee on Judicial Statistics______________________________________ 28 Committee on Pretrial Proeedure_____________________________________ _ 29 Committee on the Operation of the Jury System________________________ 30 Advisory Committee on the Assignment and Designation of Judges________ 31 Joint Report of the Committees on Court Administration and Revision of the Laws: Abolition of terms of court_______________________________________ M Judicial Survivors Annuity Act ___________________________________ 36 Revision of the Canal Zone Code _________________________________ _ 38 Retirement of territorial judges___________________________________ Interpleader Compact___________________________________________ _ 39 39 Venue under the Employers' LiabUity Act __________________________ 40 Judicial review of veterans' e1aims _________________________________ 41 ( ~ Registration of judgments for the condemnation of land_____________ 41 ActIons against officers of the United States________________________ 41 Corporate citizenship for jurisdiction purposes____________________ _ 42 Committee of Multiple-Judge COurts ___________________________________ 43 Retirement Provisions for Directors of the Administrative Office__________ 43 Opinions of the Court of Claims_______________________________________ 44 Institutes on Sentencing _____________________________________________ _ 44 Compensation of commissioners appointed pursuant to Rule 71A(h) Fed­ eral Rules of Civil Procedure______________________________________ _ 45 Pretermission of terms of the Courts of Appeals of the Eighth and Tenth CircuIts __________________________________________________________ _ 46 Conference on Administrative Procedure ______________________________ _ 46 COmmittees ____________________________________________________~---- - Appendix___________________________________________________________ _ 47 Index _______________________________________________________________ 48 55 Report of the Proceedings of a Special Session of the Judicial Conference of the United States Special Session-March 10-11, 1960 The Judicial Conference of the United States convened in a. special session on March 10, 1960, pursuant to the call of the Chief Justice of the United States issued under 28 United States Code 331, and continued in session on March 11. The Chief Justice presided and members
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