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District Court Reorganization Hearing DISTRICT COURT REORGANIZATION HEARING BBPORE THg STOCOMMITTEE ON CIOUETS, Cim HBEETIES, ., AND TffE ADMINISTRATION OP JUSTICE OF THE COMMITTEE ON THE JUDICIAEY HOUSE OF EEPRESENTATIVES NINETYrEIGHTH CONGRESS SECOND SESSION ON •' :" H.R. 5994 and Related Bills WSFRKff COURT REOR&ANEA'nON AUGUSTS, 1984 .^. Serial No. 107 Printed for the use of the Committee on the Judiciary DISTRICT COURT REORGANIZATION HEARING BEFORE THE SUBCOMMITTEE ON COUETS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE OF THE COMMITTEE ON THE JUDICIAEY HOUSE OF REPRESENTATIVES NINETY-EIGHTH CONGRESS SECOND SESSION ON H.R. 5994 and Related Bills DISTRICT COURT REORGANIZATION AUGUST 9, 1984 Serial No. 107 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 46-215 O WASHINGTON : 1985 COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas HAMILTON FISH, JR., New York ROBERT W. KASTENMEIER, Wisconsin CARLOS J. MOORHEAD, California DON EDWARDS, California HENRY J. HYDE, Illinois JOHN CONYERS, JR., Michigan THOMAS N. KINDNESS, Ohio JOHN F. SEIBERLING, Ohio HAROLD S. SAWYER, Michigan ROMANO L. MAZZOLI, Kentucky DAN LUNGREN, California WILLIAM J. HUGHES, New Jersey F. JAMES SENSENBRENNER, JR., SAM. B. HALL, JR., Texas Wisconsin MILE SYNAR, Oklahoma BILL McCOLLUM, Florida PATRICIA SCHROEDER, Colorado E. CLAY SHAW, JR., Florida DAN GLICKMAN, Kansas GEORGE W. GEKAS, Pennsylvania HAROLD WASHINGTON, Illinois MICHAEL DEWINE, Ohio BARNEY FRANK, Massachusetts GEO. W. CROCKETT, JR., Michigan CHARLES E. SCHUMER, New York BRUCE A. MORRISON, Connecticut EDWARD F. FEIGHAN, Ohio LAWRENCE J. SMITH, Florida HOWARD L. BERMAN, California ALAN A. PARKER, General Counsel GARNER J. CLINE, Staff Director ALAN F. COFFEY, Jr., Associate Counsel SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE ROBERT W. KASTENMEIER, Wisconsin, Chairman JACK BROOKS, Texas CARLOS J. MOORHEAD, California ROMANO L. MAZZOLI, Kentucky HENRY J. HYDE, Illinois MIKE SYNAR, Oklahoma MICHAEL DEWINE, Ohio PATRICIA SCHROEDER, Colorado THOMAS N. KINDNESS, Ohio DAN GLICKMAN, Kansas HAROLD S. SAWYER, Michigan BARNEY FRANK, Massachusetts BRUCE A. MORRISON, Connecticut HOWARD L. BERMAN, California MICHAEL J. REMINGTON, Chief Counsel GAIL HIGGINS FOGARTY, Counsel DAVID W. BEIER, Counsel DEBORAH LEAVY, Counsel THOMAS MOONEY, Associate Counsel JOSEPH V. WOLFE, Associate Counsel (II) CONTENTS WITNESSES Page de la Garza, Hon. E, a Representative in Congress from the State of Texas 2 Mrazek, Hon., Robert J., a Representative in Congress from the State of New York 4 Prepared statement 6 Mullins, Dennis F., Deputy Assistant Attorney General, Office of Legal Policy, Department of Justice 41 Prepared statement 44 Weller, William, legislative affairs officer, Administrative Office of the U.S. Courts, „ , : ; 15 ADDITIONAL MATERIAL Statement submitted on behalf of the Shippers National Freight Claim Coun­ cil, Inc 78 APPENDLXES FOR HEARING ON FEDERAL DISTRICT COURT ORGANIZATION ACT OF 1984, AUGUST 9, 1984 APPENDIX I—LEGISLATIVE MATERIALS A. H.R. 6163, 98th Cong., 2d Sess. (1984) 95 B. House Report No. 1062, 98th Cong., 2d Sess. (1984) 99 C. Public Law 98-620, 98 Stat. 3335 (1984) 112 APPENDIX II—ADDITIONAL MATERIALS A. Letter from William James Weller to Hon. Robert W. Kastenmeier, dated June 8, 1984 146 B. Additional materials relating to H.R. 3919: 1. H.R. 3919, 98th Cong., 1st Sess. (1983) 150 2. Letter from Jerry M. Hiegel, president, Oscar Mayer Foods Corp., to Hon. Robert W. Kastenmeier, dated September 8, 1983 152 3. Letter from Ronald S. Kreul, Rayovac Corp., to Hon. Robert W. Kastenmeier, dated September 15, 1983 154 4. Repeal of $10,000 Jurisdictional Threshold as a Condition Precedent to Federal Court Jurisdiction Over Cargo Loss and Damage Claims in Transportation, submitted by Shippers National Freight Claim Council, Inc., dated November 1, 1983 155 5. Letter from Janice M. Rosenak, legislative counsel, Interstate Com­ merce Commission to Hon. Peter W. Rodino, Jr., dated November 16, 1983, with attachment 170 6. Letter from Leland E. Beck, counsel, Administrative Office of the U.S. Courts, to Hon. Peter W. Rodino, Jr., dated December 7, 1983 240 7. Dispute Resolution for Shippers and Common Carriers of Property (Other than Household Goods), Including Conditional Payment of Attor­ neys' Fees, submitted by Shippers National Freight Claim Council, Inc., dated April 6, 1984 241 8. Letter from Harry E.J. Marsh, Jr., Century Manufacturing Co., to Hon. Peter W. Rodino, Jr., dated July 24, 1984 250 (ill) IV Page 9. Letter from Bob Baker, Lennox Industries Inc., to Hon. Peter W. Rodino, Jr., dated July 25, 1984 251 10. Letter from James E. Bartley, the National Industrial Transportation League, to Hon. Robert W. Kastenmeier, dated July 26, 1984 253 11. Letter from John Graham, Subaru of America, Inc., to Hon. Peter W. Rodino, Jr., dated July 27, 1984 254 12. Letter from Eugene J. Mielke, the Pillsubry Co., to Hon. Peter W. Rodino, Jr., dated July 31,1984 255 13. Letter from Hon. Glenn M. Anderson, to Robert W. Kastenmeier, dated August 8, 1984 256 14. Letter from Hon. William F. Clinger, Jr., to Hon. Robert W. Kasten­ meier, dated August 9, 1984 258 15. Letter from Hon. Bruce A. Morrison to Mr. William E. Foley, Direc­ tor, Administrative Office of the U.S. Courts, dated October 22, 1984, with attachment 254 16. Letter from Hon. Bruce A. Morrison to Mr. Dennis Mullins, Deputy Assistant Attorney General, dated October 22, 1984, with attachment.... 260 C. Materials relating to H.R. 313: 1. H.R. 313, 98th Cong., 1st Sess. (1983) 262 2. Letter from Hon. Robert A. Roe to Hon. Robert W. Kastenmeier, dated August 1, 1984, with attachments 263 D. Materials relating to H.R. 813: 1. H.R. 813, 98th Cong., 1st Sess. (1983) 269 2. Letter from Hon. Ed Jenkins to Hon. Robert W. Kastenmeier, dated July 27, 1984, with attachments 271 E. Materials relating to H.R. 1579: 1. H.R. 1579, 98th Cong., 1st Sess. (1983) 290 2. Letter from Hon. Lynn Martin to Hon. Robert W. Kastenmeier, dated July 24, 1984, with attachments 292 F. Materials relating to H.R. 2329: 1. H.R. 2329, 98th Cong., 1st Sess. (1983) 313 2. Letter from Hon. Carroll Hubbard to Hon. Robert W. Kastenmeier, dated July 24, 1984, with attachments 314 G. Materials relating to H.R. 4179: 1, H.R. 4179, 98th Cong., 1st Sess. (1983) 333 2. Letter from Hon. Edward R. Madigan to Hon. Robert W. Kastenmeier, dated August 6, 1984, with attachments 334 H. Materials relating to H.R. 4662: 1. H.R. 4662, 98th Cong., 2d Sess. (1984).,., 337 2. Letter from Hon. E (Kika) de la Garza to Hon. Robert W. Kastenmeier, dated August 7, 1984, with attachments 339 I. Materials relating to H.R. 5777: 1. H.R. 5777, 98th Cong., 2d Sess. (1984) 353 2. Letter from Hon. James M. Jeffords to Hon. Robert W. Kastenmeier, dated August 7, 1984, with attachments 354 J, Materials relating to the proposed relocation of the Swainsboro Division of the Southern District of Georgia to Statesboro: 1. Letter from Hon. Lindsay Thomas to Hon. Robert W. Kastenmeier, dated March 28, 1984, with attachments 367 2. Letter from Hinton R. Pierce, U.S. Attorney, Southern District of Georgia, to Hon. Robert W. Kastenmeier, dated May 25, 1984 375 3. Letter from Hon. Lindsay Thomas to Hon. Robert W. Kastenmeier, dated July 6, 1984, with attachment 376 4. Letter from Hon. Robert W. Kastenmeier to Hon. Lindsay Thomas, dated August 7, 1984 378 5. A proposal for a Statesboro Division of the Federal District Court, Southern District of Georgia^and addendum 379, 413 6. A proposal for the continuation of the Swainsboro Division of the United States District Court for the Southern District of Georgia 446 DISTRICT COURT REORGANIZATION THURSDAY, AUGUST 9,1984 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES AND THE ADMINISTRATION OF JUSTICE, COMMITTEE ON THE JUDICIARY, Washington, DC. The subcommittee met, pursuant to call, at 1:30 p.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier (chairman of the subcommittee) presiding. Present: Representatives Kastenmeier, Schroeder, Glickman, Berman, and Moorhead. Staff present: Michael Remington, chief counsel; Joseph V. Wolfe, associate counsel; and Audrey K. Marcus, Clerk. Mr. KASTENMEIER. The subcommittee will come to order. Without objection, the subcommittee will permit the meeting this afternoon to be covered in whole or in part by still photography or other means pursuant to rule 5 of the committee rules. Today we will be hearing testimony on 11 bills; 10 of which deal with the geographic organization of the Federal district courts. One of the bill creates a new division within existing district. Two others transfer counties among divisions within districts. The re­ maining bills designate new places of holding Federal court. The other bill before us, H.R. 3919, eliminates the $10,000 amount-in-controversy requirement for Federal jurisdiction for cer­ tain cases involving common carriers. For the past several Congresses, this subcommittee has been reg­ ularly processing legislation relating to Federal court reorganiza­ tion. Near the end of each Congress, we conduct a hearing on all bills relating to Federal court organization. We closely examine and evaluate the merits of each proposal based on the information submitted to us from sponsoring Members, from the Judicial Con­ ference and from the U.S. Department of Justice. The proposals which we find meritorious and necessary are in­ cluded in an omnibus bill which we then send forward. This method results in necessary adjustments to the geographic layout of the Federal judiciary being made efficiently, impartially and openly. Perhaps more importantly, the other Members of the House who are not closely involved with the Federal court system trust our judgment and accept the alterations we recommend to them. Their trust is a source of pride to us as members of the sub­ committee.
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