Judicial Conference of the United States
Encyclopedia
The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress
in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States. The Conference derives its authority from , which states it is headed by the Chief Justice of the United States
and consists of the Chief Justice, the chief judge
of each court of appeals
, a district court
judge from each regional judicial circuit, and the chief judge of the Court of International Trade.
, Congress
enacted in 1922 a new form of court administration that advanced the institutionalization of an independent judiciary. The establishment of an annual Conference of Senior Circuit Judges, later to be known as the Judicial Conference of the United States, culminated more than a decade of public debate on the reform of judicial administration. The Conference of Senior Circuit Judges provided the first formal mechanism by which members of the federal judiciary might develop national administrative policies, reassign judges temporarily, and recommend legislation.
Chief Justice William Howard Taft
, appointed to the Supreme Court in 1921, had led a public campaign for federal judicial reform since leaving the White House in 1913. Taft proposed the appointment of at-large judges, what he called a "flying squadron," that could be assigned temporarily to congested courts. In Taft's plan, a conference of judges would serve primarily to assess the caseload of the lower courts and assign the at-large judges to courts in need. Taft, supported by a group of federal judges and legal scholars, hoped that the establishment of a more efficient federal judiciary would deflect the efforts of Senator
George W. Norris and others who advocated an end to life tenure
on the federal bench and the restriction of the lower federal courts' jurisdiction
.
By the time Taft became Chief Justice, the increased caseload resulting from World War I
and the enforcement of Prohibition
had contributed to broad support for reform of the federal judiciary. Assuming a role as leader of the judiciary as well as the Supreme Court, Taft joined with Attorney General
Harry M. Daugherty
and appeared before the Senate Judiciary Committee to urge legislation. A large majority in Congress agreed with the need for reform, but both the Senate and the House of Representatives insisted on revising Taft's proposals so that they conformed more closely to the traditions of the federal judiciary.
Congress established an annual conference of the Chief Justice and the senior circuit judge (now called the chief judge
) from each judicial circuit and charged the conference with a general mandate to advise on the administrative needs of the federal courts. The act required the senior judge in each district to prepare an annual report of the business of the district's court. The conference would use these reports to prepare suggestions for the temporary transfer of judges, pending the approval of all courts involved. This expansion of the authority to transfer judges fell far short of Taft's concept of a permanent corps of at-large judges. Congress established 24 temporary judgeships, but adhered to the principle of fixed residency for district judges. Congress also declined to make the attorney general a member of the conference, although the act permitted the Chief Justice to request the attorney general to report on the business of the courts. Even without a formal relationship with Congress or the Department of Justice
(which then administered the federal courts), the conference offered the judiciary a means of communicating its administrative needs.
Members of the Advisory Committees include judges, representatives from the Department of Justice, law professors, and practicing attorneys. The Advisory Committees propose rules, subject them to public comment, and then submit them to the Standing Committee on Rules of Practice and Procedure, which in turn submits them to the Judicial Conference, which recommends them to the Supreme Court for approval. Explanatory notes of the drafting Advisory Committee are published along with the final adopted rules, and are frequently used as an authority on the interpretation of the rules.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States. The Conference derives its authority from , which states it is headed by the Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
and consists of the Chief Justice, the chief judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
of each court of appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, a district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
judge from each regional judicial circuit, and the chief judge of the Court of International Trade.
History
Responding to a backlog of cases in the federal courtsUnited States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
enacted in 1922 a new form of court administration that advanced the institutionalization of an independent judiciary. The establishment of an annual Conference of Senior Circuit Judges, later to be known as the Judicial Conference of the United States, culminated more than a decade of public debate on the reform of judicial administration. The Conference of Senior Circuit Judges provided the first formal mechanism by which members of the federal judiciary might develop national administrative policies, reassign judges temporarily, and recommend legislation.
Chief Justice William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
, appointed to the Supreme Court in 1921, had led a public campaign for federal judicial reform since leaving the White House in 1913. Taft proposed the appointment of at-large judges, what he called a "flying squadron," that could be assigned temporarily to congested courts. In Taft's plan, a conference of judges would serve primarily to assess the caseload of the lower courts and assign the at-large judges to courts in need. Taft, supported by a group of federal judges and legal scholars, hoped that the establishment of a more efficient federal judiciary would deflect the efforts of Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
George W. Norris and others who advocated an end to life tenure
Life tenure
A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime , unless the office holder is removed from office for cause under extraordinary circumstances or chooses to resign.Judges and members of some upper chambers have life tenure...
on the federal bench and the restriction of the lower federal courts' jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
.
By the time Taft became Chief Justice, the increased caseload resulting from World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
and the enforcement of Prohibition
Prohibition
Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
had contributed to broad support for reform of the federal judiciary. Assuming a role as leader of the judiciary as well as the Supreme Court, Taft joined with Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
Harry M. Daugherty
Harry M. Daugherty
Harry Micajah Daugherty was an American politician. He is best known as a Republican Party boss, and member of the Ohio Gang, the name given to the group of advisors surrounding president Warren G...
and appeared before the Senate Judiciary Committee to urge legislation. A large majority in Congress agreed with the need for reform, but both the Senate and the House of Representatives insisted on revising Taft's proposals so that they conformed more closely to the traditions of the federal judiciary.
Congress established an annual conference of the Chief Justice and the senior circuit judge (now called the chief judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
) from each judicial circuit and charged the conference with a general mandate to advise on the administrative needs of the federal courts. The act required the senior judge in each district to prepare an annual report of the business of the district's court. The conference would use these reports to prepare suggestions for the temporary transfer of judges, pending the approval of all courts involved. This expansion of the authority to transfer judges fell far short of Taft's concept of a permanent corps of at-large judges. Congress established 24 temporary judgeships, but adhered to the principle of fixed residency for district judges. Congress also declined to make the attorney general a member of the conference, although the act permitted the Chief Justice to request the attorney general to report on the business of the courts. Even without a formal relationship with Congress or the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
(which then administered the federal courts), the conference offered the judiciary a means of communicating its administrative needs.
Present tasks
Five standing Advisory Committees of the Judicial Conference have been established, and are charged, respectively, with drafting proposed amendments to the:- Federal Rules of Civil ProcedureFederal Rules of Civil ProcedureThe Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
; - Federal Rules of Criminal ProcedureFederal Rules of Criminal ProcedureThe Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
; - Federal Rules of Bankruptcy ProcedureFederal Rules of Bankruptcy ProcedureThe Federal Rules of Bankruptcy Procedure are a set of rules promulgated by the Supreme Court of the United States under the Rules Enabling Act, directing procedures in the United States bankruptcy courts...
; - Federal Rules of Appellate ProcedureFederal Rules of Appellate ProcedureThe Federal Rules of Appellate Procedure are a set of rules, promulgated by the Supreme Court of the United States on recommendation of an advisory committee, to govern procedures in cases in the United States Courts of Appeals....
; and - Federal Rules of EvidenceFederal Rules of EvidenceThe is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
.
Members of the Advisory Committees include judges, representatives from the Department of Justice, law professors, and practicing attorneys. The Advisory Committees propose rules, subject them to public comment, and then submit them to the Standing Committee on Rules of Practice and Procedure, which in turn submits them to the Judicial Conference, which recommends them to the Supreme Court for approval. Explanatory notes of the drafting Advisory Committee are published along with the final adopted rules, and are frequently used as an authority on the interpretation of the rules.