The original documents are located in Box C53, folder “Presidential Handwriting, 12/11/1976 (2)” of the Presidential Handwriting File at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. J THE WHITE HOUSE WASHINGTON MEMORANDUM TO: STAFF SECRETARY FROM: DOUGLAS P . BENNETT ~ SUBJECT: Justice Department Report I recommend approval of both recommendations 1 and 2. During the course of my service in this office, it became very clear to me of both the need for additional judgeships as well as the structuring of a new approach to the selection of nominees . On occasion the actions of the Senate, without regard to the merit of the candidate, preempted the President's choice of nominee . A Commission on the Judicial Appointment Process with the attendant notice and visibility that it would rightf ully receive could serve to invalidate the so­ called "senatorial courtesy" practice . By removing the selection of candidates from the Congressional political process, the objectives of Presidentially selected quality jurists would be substantially achieved. Digitized from Box C53 of The Presidential Handwriting File at the Gerald R. Ford Presidential Library THE WHITE HOUSE LOG NO.: Time: FOR .r-~.CT!ON: cc {for information): Douglas Bennett Jim Lynn Max Friedersdorf Jack Harsh Bob Hartmann FROl'l! THE STAFF SECRETARY DUE: Date: Time: Wednesday, December 8, 1976 2:00 P.M. SUBJECT: Philip Buchen memo, 12/6/76 re Justice Department Report: "The Needs of the Federal Courts" ACTION REQUESTED: --- Fo:::- Necessary Action _X__ For Your Recommendations __ Prepare Agenda and Brie£ -__ Draft Reply _x_ __ For Your Comments _____ Draft Remarks REMARKS: PLE.~SE ATTACH THIS COPY TO ~/IltTERIAL SUBMITTED. I£ y::1u ha-:c:: a::y questions or if you anticipate a_ Jim Connor cblc.:' in su~miUing ihe rGquired material, pl~ase For the President bl?p}-wm; :he Staff S(!creta:ry immediately. ..., •,•. · ll l ·,. : T 0 ! . .. ~ • Dn~e: December 7, 1976 Time: FOR ACTION: cc (for information): Douglas Bennett Jim Lynn Max Friedersdorf Jack Marsh Bob Hartmann FROM THE STAFF SECRETARY DUE: Date: Time: Wednesday, December 8, 1976 2:00P.M. · SUBJECT: Philip Buchen memo, 12/6/76 re Justice Department Report: "The Needs of the Federal Courts" ACTION REQUESTED: --For Necessary Action _X___ For Your Recommendations __ Prepare Agenda and Brief __ Draft Reply _x__ For Your Comments ___ Draft Remarks REMARKS: PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a Jim Connor delcy i:. s ubmitting i.he required material, please For the President tel~phone i:he Sta.f£ Sec:retc.ry immediately. THE WHITE HGUSE ACTION 1fEMORANDUM WASHINGTON LOG NO.: Date: December 7, 1976 Time: FOR ACTION: cc (for information): Douglas Bennett Jim Lynn Max Friedersdorf Jack Marsh Bob Hartmann FROM THE STAFF SECRETARY DUE: Date: Time: Wednesday, December 8, 1976 2:00 P.M. SUBJECT: Philip Buchen memo, 12/6/76 re Justice Department Report: "The Needs of the Federal Courts" ACTION REQUESTED: __ For Necessary Action _x_ For Your Recommendations __ Prepare Agenda and Brief __ Draft Reply _x__ For Your Comments ~-----Draft Remarks REMARKS: (, 3. PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a Jim Connor delc.y in submit-ting the required material, please For the President telephone the Staff Secretary immediately. l' EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 PE~ 8 1976 MEMORANDUM FOR: JAMES CONNOR FROM: ~ANIEL KEARNEY~ SUBJECT: Justice Department Report: "The Needs of the Federal Courts" OMB has no objections to the report of the Justice Department on "The Needs of the Federal Courts." We reconunend, however, that added emphasis be given to improving court administration and management techniques, which receives only cursory treatment under the report section titled: "Continuing Educational Requirements." THE WHITE HOUSE WASHINGTON September 27, 1976 MEMORANDUM FOR: JIM CONNOR FROM: JIM SUBJECT: Phil Buchen's emo--Special Message to Congress on "The Needs of the Federal Courts" Jack Marsh shared with me a copy of the staffing memo on Phil Buchen's memo on Special Message to the Congress on "The Needs of the Federal Courts." Most of the people that I've talked to here think this package should be held for consideration by the President to send to the next Congress in January. I really think it's too late in the legislative year to consider as comprehensive and complex a package as this is in the few days the Congress has remaining. cc: Phil Buchen On 9/22 Jim Cavanaugh advised that this package should not go forward to the President he would speak to Phil Buchen. GBF THE WHITE HOUSE WASHINGTON September 22, 1976 MEMORANDUM FOR: JIM CONNOR FROM: SUBJECT: Because of its length, I have not had an opportunity to study the entire report but I have scanned and read more fully certain parts. ~ have concerns about sending this up to the Congress at this time because I tmink it might trigger substantial controversy particularly the questions which are raised about political appointments and more specifically, the discussion of Senatorial courtesy. I agree with the points that are made but suggestions of curbing Sena­ torial courties and making "inroads on Senators' pre­ rogatives" are likely to trigger discussion on the Hill. Finally, I think some of the questions are so signifi­ cant as to the judicial process that it will require a contribution of time by the President which is going to be difficult to obtain in the next six weeks. I am of the view that the President should focus very care­ fully on all of the issues in Tac C throuqh Tab E and devote substantial time considerinq them. THE WHITE HOUSE ACTIQN ME"MORANDUM WAS!li!';GTDX LOG NO.: ' . Date: September 18~ 1976 Time: FOR ACTION: cc (for information): Jerry Jones Jim Cannon Bob Hartmann Mike Duval Max Fridersdorf Bill Seidman Jim Lynn Dave Gergen Jack Marsh FROM THE STAFF SECRETARY DUE: Date: Monday, September 20 Time: 3 P.M. SUBJECT: Philip W. Buchen's Memo Special Message to Congress on "The Needs of the Federal Courts" ACTION REQUESTED: __ For Necessary Acl:ion ~ For Your Recommendations -- Prepare Agenda and Brie£ __ Draft Reply _lL_ For Your Comments __ Draft Remarks REMARKS: If a meeting is to take place it should take place early in the week - therefore - the reason for the quick turnaround. PLEASE ATTACH THIS COPY .TO MATERIAL SUBMITTED. If you have any questions or i£ you anticipate a delay in submitting the required material, please Jim Connor telephone !:he Staff Secretary imrnediately. For the President THE WHITE HOUSE ACTION ME"MORANDUM W A S Ill~ G TO N LOG NO.: Date: September 18~ 1976 Time: FOR ACTION: cc (for information): Jerry Jones Jim Cannon 6Bob Hartmann Mike Duval ¥ax Fridersdorfft/ · · Bill Seidman Jim Lynn fJ' · Dave Gergen Jack Marsh FROM THE STAFF SECRETARY Time: DUE: Date: Monday, September 20 3 P.M. SUBJECT: Philip W. Buchen's Memo Special Message to Congress on 11 The Needs of the Federal Courts TJ ACTION REQUESTED: __ For Necessary Action ...l Fo:r Your Recommendations __ Prepare Agenda and Brie£ __ Draft Reply _K_ For Your Comments __ Draft Remarks REMARKS: If a meeting is to take place it should take place early in the week - therefore - the reason for the quick turnaround. PLE.z;.SE ATTACH THIS COPY TO MATERIAL SUBMITTED. I£ you have any questions or if you anticipate a delcy in submitting the required 1na.terial, please Jim Connor telephone the S~a.££ Secretary immediately. For the President EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 September 20, 1976 MEMORANDUM FOR: JAMES E. CONNOR STAFF SECRETARY TO THE PRESIDENT SUBJECT: Needs of the Federal The following are the OMB comments on the proposed Special Message to Congress on "The Needs of the Federal Courts." 1. The last paragraph on page 2 of the proposed message describes a number of symptoms of court overloading, with a strong suggestion that these symptoms are indicative of an actual or potential decline in the quality of justice rendered. In view of this context, it may be questionable to include in this list the fact that "more and more [of district court] tasks" have been delegated to magistrates. Since one of the proposals calls for use of administrative tribunals as a method of conserving judges' time, it is somewhat contradictory to suggest that the use of magistrates who also conserve judges' time -- represents an element of the problem. 2. On pages 8 and 9 of the proposed message, there are two options as to reduction in the scope of diversity jurisdiction. We prefer option B, largely because it would exclude automobile tort cases, which seem to us particularly inappropriate items for district court dockets. 3. On pages 15-16 of the message, and on page 2 of the Fact Sheet (Tab B) reference is made to a judicial planning agency. We have reservations about the wisdom of establishing an agency for this purpose.