Interbranch Cooperation in Improving the Administration of Justice - A Major Innovation

• NCJ Number: 76999
• Journal: Washington and Lee Law Review Volume: 38 Issue: 1 Dated: (Winter 1981) Pages: 1-20
• Author(s): M W Cannon; W I Cikins
• Date Published: 1981
• Length: 20 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

Results of three informal conferences devoted to improvement of the administration of justice through interbranch cooperation in Government are discussed in this article.

Abstract

The conferences were held in 1978, 1979, and 1980 in Williamsburg, Va., under the sponsorship of The Brookings Institution's Advanced Study Program. Leaders of the three branches of the Federal Government attended, including the Chief Justice, the Attorney General, and the Chairmen and Ranking Minority Members of the House and Senate Judiciary Committees. These meetings established new channels of communication for the informal exchange of information, ideas, and differing perspectives on questions of common interest. Under the Constitution, Congress has vast powers relevant to the Federal court system. For example, Congress has the power to 'ordain and establish' inferior courts in which the judicial power is vested. The executive branch also has significant responsibilities connected with the operation of the courts; the President formally names judges, subject to the advice and consent of the Senate. In this context, the conferences were a departure from settled ways of doing business and from the more traditional model of the separation of powers. The dominant issue in the 1978 session was the congestion within the Federal court system and what to do about it. At this meeting, there was considerable support for legislation which would curtail or eliminate Federal diversity jurisidiction. At the second conference, one of the most significant subjects discussed was the restructuring of the Federal appellate system. There was also discussion of revision of the Criminal Code. Topics addressed in the third conference included the need for district court administrators and an increase in the per diem of judges. It was concluded that the first three conferences were successful, and commitment to a fourth meeting in 1981 was evident. The article includes 24 footnotes.