If you have issues viewing or accessing this file contact us at NCJRS.gov. t J IMPACT OF THE OMNIBUS JUDGESHIP ACT AS IT RELATES TO THE IMMEDIATE NEED FOR ADDITIONAL COURT SPACE (96-35) HEARING BEFORE THE SUBCOlVIMITTEE ON PUBLIC BUILDINGS AND GROUNDS OF THE COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION HOUSE OF REPRESENTATIVES 0 NINETY-SIXTH CONGRESS FIRST SESSION MARCH 6, 1979 ~ Use of the Committee on Public Works and Transportation \ U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1980 ·' COMMITl'EE ON PUBLIC WORKS AND TRANSPOR'l'ATION HAROLD T. (BIZZ) JOHNSON, California, Chairman CONTENTS RAY ROBERTS, Texas JAMES J. HOWARD, New J'ersey WILLIAM H. HARSHA, Ohio JAMES C. CLEVELAND, New Hampshire GLENN M. ANDERSON, California 'rESTIMONY ROBERT A. ROE, New Jersey DON H. CLAUSEN, California GENE SNYDER, Kentucky MIKE McCORMACK, Washington Page JOHN B. BREAUX, Louisiana JOHN PAUL HAMMERSCHMIDT, Arkansas " Fa~cell, Hon. D~nte B.! a Repres~n~ative in Co~gress from the State of Florida .. BUD SHUSTER, Pennsylvania NORMAN Y. MINETA, California KeIlm.an, Denms, Actmg Com!TIlsslOner, PublIc Building Service GSA- accom­ 2 ELLIOTT H. LEVITAS, Georgia JAMES ABDNOR, South Dakota pamed by R.ob~rt Jones, f\c~mg Deputy Commissioner; Jack Ga'Iuardi, Assist­ GENE TAYLOR, Missouri JAMES L. OBERSTAR, Minnesota ant C~>n~mlsslOner, BUI~dmg Operations, and David Dibner, Assistant JEROME A. AMBRO, New York BARRY M. GOLDWATER, JR., California S Coz:nml IJsslOnehr, FConJstruct!on Management ............................................................ HENRY J. NOWAK, New York TOM HAGEDORN, Minnesota pamo, osep .. r., Deputy Director, Administrative Office of the U.S. 8 ARLAN STANGELAND, Minnesota ROBERT W. EDGAR, Pennsylvania C<;>u.r~s, accompam~d by Robert H. H;;trtzell, Chief, Administrative Services ROBERT L. LIVINGSTON, Louisiana D MARILYN LLOYD BOUQUARD, Tennessee IVlslOn, and LOUIS J. Komon~y, ChIef, Space and Facilities Branch' and JOHN G. FARY, Illinois NEWT GINGRICH, Georgia Judge R~bert Earl Maxwell, ChIef J udge, Northern District of West Vi;ginia W. G. (BILL) HEFNER, North Carolina WILLIAM F. CLINGER, JR., Pennsylvania and ChaI~man of the Budget Committee of the U.S. JUdicial Conference ROBERT A. YOUNG, Missouri GERALD B. H. SOLOMON, New York a~compamed by Ed'YB:r~ V. Garabedian, Comptroller and Chief of the Finan: JERRY LEWIS, California DA VID E. BONIOR, Michigan clal Management DIvIsIon ......................................................................................... 42 ALLEN E. ERTEL, Pennsylvania SUBMISSIONS FOR THE RECORD BILLY LEE EVANS, Georgia RONNIE G. FLIPPO, Alabama Fascell, Hon. Dante B., a Representative in Congress from the State of Florida NICK JOE RAHALL II, 'vVest Virginia .. .. ············· ................... DOUGLAS APPLEGATE, Ohio Ge~;,~~ls~;vi·~~~·Ad~i~i·~t~~ti~;;:·p~bii·~··B~iidi·~g~lbus s~~~i~~; ~ 2 GERALDINE A. FERRARO, New York LOmr Jddge~ht AJ-t" .: .... :............................................................................. BRIAN J. DONNELLY, Massachusetts 71 EARL HUTI'O, Florida Maxw~li, C~;rnJ u~~~ R~ber~s~~c:t~~~~e:nt ·~~··b~·h~i'f'~fth~·B~·dg~t· c~~~itt~~ 93 EUGENE V. ATKINSON, Pennsylvania of the JUdICIal Conference of the United States DONALD JOSEPH ALBOSTA, Michigan Spaniol, Joseph F., Jr., Deputy Director of the U.f3... C~~~t~·:.......... ·....................... .. 33 MARVIN LEATH, Texas ~~~~:~:~t .i.~~~~ti~ ....t~~ti ..................................................................................... WILLIAMcHILL BONER, Tennessee pp g. mony .......................................................................... 22 98 (III) SUBCOMMITIEE ON PUBLIC BUILDINGS AND GROUNDS ELLIOTT H. LEVITAS, Georgia, Chaim:an MIKE McCORMACK, Washington JAMES ABDNOR, South Dakota ROBERT W. EDGAR, Pennsylvania BARRY M. GOLDWATER, JR., California RONNIE G. FLIPPO, Alabama TOM HAGEDORN, Minnesota BRIAN J. DONNELLY, Massachusetts ARLAN STANGELAND, Minnesota EARL HUTTO, Florida ROBERT L. LIVINGSTON, Louisiana Department of Justice DONALD JOSEPH ALBOSTA, Michigan WILLIAM F. CLINGER, JR., Pennsylvania u.~. National Institute of Justice MARVIN LEATH, Texas GERALD B. H. SOLOMON, New York 11 WILLIAM HILL BONER, Tennessee • This document has been re rod HENRY J. NOWAK, New York person or organi7ation origin~ting ~fe: ~xactly .as received from the EUGENE V. ATKINSON, Pennsylvania In this document are those of th . olnts of vIew or opinions stated , represent the official Position or e ,~~thors and do not necessarily I Justice. po ICles of the National Institute of I ,. 1 I PermiSSion to reprOduce this' . <II) granted by ~k latenal has been =t P~bljc Domain -U S Honse of :Re,.presentatives to the National Criminal Justice Reference Service (NCJRS). FUrther reprOdUction outsid f sion of the 4'?J ·~owner. e 0 the NCJRS system requires permis- --- - -- -~-- -.......0 ... ( .... ,. ~ r--' '" I, NCJRS ~ I .; I ;, 1 ~ t i: I MAY 11 1981 1 i ACQlJDS17'10Ng IMPACT OF THE OMNIBUSI JUDGESHIP ACT it'S IT RELATES TO THE IMMEDIATE NEED FOR. ADDITIONAL COURT SPACE TUESDAY, MARCH 6, 1979 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON PUBLIC BUILDINGS AND GROUNDS, COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION, Washington, D.C. The subcommittee met, at 10:10 a.m., in room 2167, Rayburn House Office Building, Hon. Elliott Levitas (chairman of the sub­ committee) presiding. Mr. LEVITAS. The Subcommittee on Public Buildings and Grounds will please come to order. The subcommittee> :8 meeting today to consider the impact of Public Law 95-573, tt~ Omnibus Judgeship Act, as it relates to the immediate need for additional court space throughout the country. This act established 117 new district court judgeships and 35 new circuit court of appeals judgeships. Prior to the passage of this act, there were 398 district court judges and 97 court of appeals judges. Therefore, this act increased by approximately 30 percent the amount of authorized judgeships. The enormity of this increase placed critical stress on how these new judges were to be selected and appointed. However, in consid­ ering the legislation, minor emphasis was placed on how to provide the necessary Federal courtroom space to house the jUdges. Obvi­ ously, simply adding more judgeships cannot be viewed as a total, comprehensive solution to the problems plaguing our court system. Certainly, an important part of our judicial system is the right to a fair and speedy trial, and to reach this end, courtroom space for judges to sit must be made available. Creating a Federal district court judgeship is no trifling matter, financially speaking. Each one costs $286,000 the first year, and nearly $250,000 every year after that. Court of appeals judgeships are hardly less expensive, costing $250,000 the first year and $201,000 every year after that. \ But beyond mere costs, though they are critically important, I .' feel the subcommittee must thoroughly review the total, compre­ hensive picture as it relates to providing courtroom space and at what cost. As chairman of this subcommittee, I do not plan to rubberstamp the requests for space made by the Judicial Confer­ ence of the U.s. Office of Administrative Courts or the General Services Administration. But instead, I think it is our responsibili­ tee.ty to thoroughly review the prospectuses submitted to this commit­ (1) " --~------ ----------------------~ 2 3 It is imperative that we understand the real space problems and The ather wark anticipated in the praspectus is designed ta make the building it is im erative that we address the real space needs. habitable far all thase wha wark there and ta pravide far the upgrading .of the I wo~ld at this point like to ask if my colleague, the rankmg temparary, austere caurtraams when the new facility is finished. Over the years, minority member, Mr. Abdnor, has ~ statement to make. this beautiful, but quite .old, building has deteriarated and it is in desperate need .of Mr. ABDNoR. Thank you, Mr. ChaIrman.. d I renavatian, particularly .of the elevatars and heating and air canditianing systems. In additian, the space that had farmerly been used by the past .office is naw being 'I also welcome the distinguished gentlemen wIth \1s today~ an canverted far apprapriate caurtraam and suppart staff use. look forward to asking each of you questions regardm~ .the Impac~ This praject has been delayed far taa lang already. 'The .original renavatian wark f the Omnibus Judgeship Act on the need for addibona cour shauld have been well under way by naw. It is imperative that this revised praspec­ ~pace throughout the country. And that is really about all I have to tus be appraved as saan as passible sa that canstruction can begin. The federal caurt say, Mr. Chairman. II system in Sauth Florida has almast reached the paint where it cannat functian, simply because .of the physical limitatians which have been impased up an it. We Mr. LEVITAS. Thank you, Mr. Abdnor.. ~ I can nat afford ta let this happen. Would any other member of the commIttee lIke to make a state­ I urge yaur prampt appraval .of this praspectus and thank yau again far yaur time ment at this time? and attentian. [No response.] h t 1 ~ Mr. FAscELL. Mr. Chairman, first, I would like to comment on Mr LEVITAS If not it is a great pleasure and onor 0 we come i1 your opening statement. I would say it is typical of the way you to this subco~mittee' one of our most distinguished ~nd. respected approach problems in the Congress, with a great deal of dedication members-usually, when those words are spoken, ~t IS a mere \1 and sincerity, and I must commend you for it, because it sounds formality; in this case, they are spoken truthfully, smcerely, and "j'I like an awesome task to me. Yet, I agree that it should be done. I warmly-our colleague from Florida, Hon. Dante B. Fascell. think the Congress needs to get more involved in this kind of '\\ TESTIMONY OF HON. DANTE B. FASCELL, REPRESENTATIVE IN j decisionmaking, and it is very important. There are a lot of facets CONGRESS FROM THE STATE OF FLORIDA which do not even appear on the surface in the decisions that involve renovations and new buildings and other needs of the 1I Mr.