CHIEF JUDGE - GRANDFATHER CLAUSE - HEARING BEFORE THE SENATE SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY ON S 1130, MAY 18, 1976

• NCJ Number: 43758
• Author(s): ANON
• Date Published: 1976
• Length: 234 pages
• Corporate Author: US Congress
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

TESTIMONY CONCERNING A BILL TO REPEAL THE EXEMPTION OF EXISTING CHIEF JUDGES OF TWO-JUDGE DISTRICTS FROM THE STATUTE PROHIBITING SERVICE AS CHIEF JUDGE BEYOND AGE 70 IS PRESENTED.

Abstract

WHEN THE AGE LIMITATION WAS ENACTED ON AUGUST 6, 1958, THERE WERE 32 CHIEF JUDGES AFFECTED. AT THE TIME OF THE SENATE HEARING ONLY ONE OF THESE -- WILLIS W. RITTER OF THE DISTRICT OF UTAH -- WAS STILL SERVING. THE SUBCOMMITTEE CHAIRMAN POINTS OUT THAT THE ISSUE RAISED BY THE BILL UNDER CONSIDERATION IS WHETHER THE UTAH JUDGE IS FOR SOME REASON UNABLE TO PERFORM THE DUTIES OF A CHIEF JUDGE EFFECTIVELY AND EXPEDITIOUSLY. IF IT IS DEMONSTRATED THAT HE IS UNABLE TO DO SO, THE SUBCOMMITTEE MUST DECIDE WHETHER REPEAL OF THE GRANDFATHER CLAUSE IS APPROPRIATE UNDER THE CIRCUMSTANCES AND IN LIGHT OF THE SEPARATION OF POWERS PRINCIPLE. A COPY OF THE SENATE BILL IS FOLLOWED BY TESTIMONY BY A U.S. SENATOR FROM UTAH, THE U.S. DISTRICT ATTORNEY IN SALT LAKE CITY, THE DEPUTY ATTORNEY GENERAL IN SALT LAKE CITY, A PROFESSOR OF LAW FROM THE UNIVERSITY OF UTAH, AND THE CHIEF JUDGE OF THE U.S. COURT OF APPEALS IN SALT LAKE CITY. SUPPORTING DOCUMENTS, STATISTICS, AND COURT RECORDS RELATING TO THE CONDUCT OF JUDGE RITTER ARE INCLUDED.