PROPOSED LEGISLATION

S. 1506-A bill to provide for improvements in the administration of the
courts of the United States; introduced by Hon. Joseph D. Tydings, a
Senator from the State of Maryland, 91st Congress, First Session..
H.R. 2271-A bill to provide for trials of and judgments upon the issue
of good behavior in the case of certain Federal judges; introduced by
Hon. Hatton W. Sumners, a Representative in Congress from the State
of Texas, 75th Congress, First Session...

Committee on the Judiciary, House of Representatives, Report No.
814, to accompany H.R. 2271, "Trial of Good Behavior of U.S.
District Judges," 75th Congress, First Session, May 14, 1937 - - - - -
Minority report of Hon. Emanuel Celler, Committee on the Judiciary,
House of Representatives Report No. 814, part 2, to accompany
H.R. 2271, "Trial of Good Behavior of U.S. District Judges," 75th
Congress, First Session, June 17, 1937..

Page

17

147

141

144

ADDITIONAL STATEMENTS AND VIEWS SUBMITTED FOR THE RECORD

Statements:

Brown, Hon. John R., chief judge, U.S. Court of Appeals for the
Fifth Circuit; with exhibits__.

457

Chambers, Hon. Richard H., chief judge, U.S. Court of Appeals for the Ninth Circuit_

453

Correspondence:

Ervin, Hon. Sam J., Jr., chairman, Subcommittee on Separation of Powers, letter addressed to each of the district judges of the U.S. courts, soliciting views, June 1, 1970.

485

Allgood, Hon. Clarence W., judge, U.S. District Court, Northern
District of Alabama___.

485

Bartels, Hon. John R., judge, U.S. District Court, Eastern District of New York..

485

Battisti, Hon. Frank J., chief judge, U.S. District Court, Northern
District of Ohio..

487

Beck, Hon. Axel J., judge, U.S. District Court, District of South
Dakota

488

Bohanon, Hon. Luther, chief judge, U.S. District Court, Western
District of Oklahoma..

489

Campbell, Hon. William J., judge, U.S. District Court, Northern
District of Illinois.

490

Carr, Hon. Charles H., judge, U.S. District Court, Central District of California.

490

Chilson, Hon. Hatfield, judge, U.S. District Court, District of Colorado..

492

Christie, Hon. Sidney L., judge, U.S. District Court, Northern and
Southern Districts of West Virginia.--

492

Clarke, Hon. Thurmond, chief judge, U.S. District Court, Central
District of California..

492

Connally, Hon. Ben C., chief judge, U.S. District Court, Southern
District of Texas..

493

Cox, Hon. William Harold, chief judge, U.S. District Court, Southern
District of Mississippi--

494

Crary, Hon. E. Avery, judge, U.S. District Court, Central District of
California; with attachments...

495

Crowe, Hon. Guthrie F., judge, U.S. District Court for the district of the Canal Zone____

498

Curran, Hon. Edward M., chief judge, U.S. District Court for the
District of Columbia.

498

Curtis, Hon. Jesse W., judge, U.S. District Court, Central District of
California..

499

Daugherty, Hon. Fred, judge, U.S. District Court, Northern, Eastern and Western Districts of Oklahoma..

500

Davis, Hon. John Morgan, judge, U.S. District Court, Eastern District of Pennsylvania...

500

Dawkins, Hon. Ben C., Jr., chief judge, U.S. District Court, Western
District of Louisiana..

501

Dillin, Hon. S. Hugh, judge, U.S. District Court, Southern District of
Indiana..

501

Dumbauld, Hon. Edward, judge, U.S. District Court, Western District of Pennsylvania; with attachments..

502

Elliott, Hon. J. Robert, judge, U.S. District Court, Middle District of Georgia...

504

Ferguson, Hon. Warren J., judge, U.S. District Court, Central District of California..

505

Fisher, Hon. Joe J., chief judge, U.S. District Court, Eastern District of Texas....

505

Gesell, Hon. Gerhard A., judge, U.S. District Court for the District of Columbia..

506

Gordon, Hon. Eugene A., judge, U.S. District Court, Middle District of North Carolina..

506

Harris, Hon. Oren, chief judge, U.S. District Court, Eastern and
Western Districts of Arkansas....

507

Hart, Hon. George L., Jr., judge, U.S. District Court for the District of Columbia..

507

Hauk, Hon. A. Andrew, judge, U.S. District Court, Central District of California.........

508

Hemphill, Hon. Robert W., judge, U.S. District Court, District of
South Carolina...

509

Hoffman, Hon. Walter E., chief judge, U.S. District Court, Eastern
District of Virginia......

511

Judd, Hon. Orrin G., judge, U.S. District Court, Eastern District of New York....

513

Kent, Hon. W. Wallace, chief judge, U.S. District Court, Western
District of Michigan....

514

Larkins, Hon. John D., Jr., judge, U.S. District Court, Eastern
District of North Carolina; with attachment..

514

Lawrence, Hon. Alexander A., judge, U.S. District Court, Southern
District of Georgia..

515

Lord, Hon. John W., Jr., chief judge, U.S. District Court, Eastern
District of Pennsylvania..

516

Lord, Hon. Joseph S., III, judge, U.S. District Court, Eastern District of Pennsylvania..

517

Luongo, Hon. Alfred L., judge, U.S. District Court, Eastern District of Pennsylvania.

517

MacMahon, Hon. Lloyd F., judge, U.S. District Court, Southern
District of New York.

518

Maxwell, Hon. Robert E., chief judge, U.S. District Court, Northern
District of West Virginia; with attachment_

518

McManus, Hon. Edward J., chief judge, U.S. District Court, Northern
District of Iowa..

522

McRae, Hon. William A., Jr., judge, U.S. District Court, Middle
District of Florida..

522

Meredith, Hon. James H., judge, U.S. District Court, Eastern District of Missouri..

523

Morgan, Hon. Robert D., judge, U.S. District Court, Southern
District of Illinois...

523

Nixon, Hon. Walter L., Jr., judge, U.S. District Court, Southern
District of Mississippi.

Moynahan, Hon. Bernard T., Jr., judge, U.S. District Court, Eastern
District of Kentucky-

524

524

Noland, Hon. James E., judge, U.S. District Court, Southern District of Indiana....

525

Oliver, Hon. John W., judge, U.S. District Court, Western District of Missouri; with attachment.

525

Plummer, Hon. Raymond E., chief judge, U.S. District Court, District of Alaska..

529

Porter, Hon. David S., judge, U.S. District Court, Southern District of Ohio..

529

Putnam, Hon. Richard J., judge, U.S. District Court, Western District of Louisiana....

530

Radcliff, Hon. William D., administrative director, Supreme Court of
Ohio..

530

Correspondence-Continued

Scott, Hon. Charles R., judge, U.S. District Court, Middle District of
Florida..

Page

531

Stanley, Hon. Edwin M., chief judge, U.S. District Court, Middle
District of North Carolina__

531

Swinford, Hon. Mac, judge, U.S. District Court, Eastern and Western
Districts of Kentucky.

531

Taylor, Hon. Fred M., chief judge, U.S. District Court, District of
Idaho..

532

Taylor, Hon. Robert L., judge, U.S. District Court, Eastern District of Tennessee..

532

Thomas, Hon. William K., judge, U.S. District Court, Northern
District of Ohio; with attachment_

532

Travia, Hon. Anthony J., judge, U.S. District Court, Eastern District of New York...

535

Weigel, Hon. Stanley A., judge, U.S. District Court, Northern District of California__

535

Weinstein, Hon. Jack B., judge, U.S. District Court, Eastern District of New York; with attachment_

535

Whelan, Hon. Francis C., judge, U.S. District Court, Central District of California__

540

Williams, Hon. Paul X, judge, U.S. District Court, Western District of Arkansas....

540

Wood, Hon. Harold K., judge, U.S. District Court, Eastern District of Pennsylvania.

540

Wortendyke, Hon. Reynier, J., Jr., senior judge, U.S. District Court,
District of New Jersey; with attachment_

541

Wyatt, Hon. Inzer B., judge, U.S. District Court, Southern District of New York..

543

Young, Hon. Don J., judge, U.S. District Court, Northern District of
Ohio; with attachment..

544

JUDICIAL CONFERENCE PROCEEDINGS

Judicial Conference of the United States:

"Report on the Powers and Repsonsibilities of the Judicial Councils," with a foreword by the Chairman of the Committee on the Judiciary, House of Representatives, Mr. Celler; House Document No. 201, 87th Congress, first Session..

Letter from the Chief Justice, Supreme Court of the United States, transmitting the report of the proceedings of the annual meeting held in Washington, D. C., September 22-23, 1966; House Document No. 37, 90th Congress, First Session

Letter from the Chief Justice, Supreme Court of the United States, transmitting the report of the proceedings of a special meeting held in Washington, D.C., March 30-31, 1967; House Document No. 153, 90th Congress, First Session__.

189

547

597

Press release announcing adoption of resolution, June 10, 1969.
Report of Proceedings, March 13-14, 1969, and June 10, 1969; House
Document No. 91-152, 91st Congress, First Session

760

655

Report of proceedings, October 31-November 1, 1969; House Docu-
ment No. 91-220, 91st Congress, Second Session.

709

Report of Special Committee Regarding Jurisdiction of Committees
and Procedures, March 1970..

"Proposed Resolution: Opposing S. 1506 and Similar Schemes for
Unconstitutional Restrictions on Federal Judiciary District Judges'
Association meeting," July 13, 1970.

Craig, Hon. Walter E., judge, U.S. District Court, District of Arizona;
member of the Ninth Circuit Judicial Conference; letter commenting
on proposed resolution of the Ninth Circuit Judicial Conference.....

760

761

SUPPLEMENTAL MATERIALS

Administrative Office of the U.S. Courts, press release, January 26, 1970;
with Report and Advisory Opinions of the Interim Advisory Committee
on Judicial Activities.......

"Public Report of Extrajudicial Income," Form AO 230, a U.S.
Judge's statement of extrajudicial service, gifts, excess expense
reimbursement, participation in cases, and positions held during
report period (form adopted by the Judicial Conference of the
United States) - -

Memorandum, Joseph S. Fontana, attorney, to Warren Olney III,
director, with compilation, "Study of the Removal of Judges:
Federal and State," July 27, 1964.

American Bar Association, "ABA Helps Create Institute for Court Man-
agement," American Bar News, vol. 15, No. 3, March 1970---
"ABA Launches Major Project to Draft New Ethics Code for Judges,
press release, September 14, 1969..

"The Canons of Professional and Judicial Ethics".
"Preliminary Statement Accompanying the Interim Report of the
Special Committee on Standards of Judicial Conduct," June 1970
Bazelon, Hon. David L., chief judge, U.S. Court of Appeals for the District
of Columbia Circuit, letter to Chief Justice of the Supreme Court of the
United States, October 30, 1969.......

Black, Hon. Hugo L., Justice of the Supreme Court of the United States,
dissenting statement, amendments to the rules of civil procedure for the
U.S. district courts-pursuant to title 28, U.S.C., sec. 2072; February 28,
1966...

Black, Hon. Hugo L., and Hon. William O. Douglas, Justices of the
Supreme Court of the United States, dissenting statement, amendments
to the rules of civil procedure for the U.S. district courts-pursuant to
title 28, U.S.C. Sec. 2072; January 21, 1963---
Chandler, Hon. Stephen S., judge, U.S. District Court, Western District
of Oklahoma, "The Role of the Trial Judge in the Anglo-American
Legal System," 50 American Bar Association Journal 125 (1964) –
Stephen S. Chandler, United States District Judge for the Western
District of Oklahoma v. Judicial Council of the Tenth Circuit of the
United States___.

Chase, Harold W., professor of political science, University of Minnesota,
"Federal Judges: The Appointing Process," chapter 6-"Conclusions,"
unpublished.

Congressional Quarterly, "Judicial Reform, Independence Studied by
Committee," p. 1011, April 17, 1970-

"Constitution of the United States of America: Analysis and Interpre-
tation; Annotations of cases decided by the Supreme Court to June 22,
1964;" prepared by the Library of Congress, Legislative Reference
Service; Senate Document 39, 88th Congress, First Session, pp. 556–558
(1964)..

Davis, Robert R., Jr., "The Chandler Incident and Problems of Judicial
Removal," 19 Stanford Law Review 448 (1967)__

Douglas, Hon. William O., and Hon. Hugo L. Black, Justices of the
Supreme Court of the United States, dissenting statement, amendments
to the rules of civil procedure for the U.S. district courts-pursuant to
title 28, U.S.C., Sec. 2072; January 21, 1963.

Edmisten, Rufus L., chief counsel and staff director, Subcommittee on
Separation of Powers, "Will Judicial Independence Become an Evanes-
cent Dream?" address delivered before the 1970 Ninth Circuit Judicial
Conference, San Diego, Calif., July 13, 1970.......

Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Carolina,
"Constitutional Restraints on Action Regarding Supreme Court Justices,"
Congressional Record, Vol. 115, No. 77, May 13, 1969; inserted by Hon.
Robert P. Griffin, a U.S. Senator from the State of Michigan__.
"The Extrajudicial Activities of the Judicial Conference of the United
States, "Congressional Record, Vol. 115, No. 184, November 10, 1969-
"New York Lawyers Oppose Measures To Discipline Judges," Con-
gressional Record, Vol. 116, No. 68, April 30, 1970.
The Federalist, excerpts from Nos. LXV, LXVI, LXXVII, LXXVIII,
LXXIX..

Page

762

520

139

766

767

769

786

316

789

791

205

794

904

917

1015

919

791

932

456

936

937

148

Page

Fish, Peter Graham, assistant professor of political science, Duke Univer-
sity, "The Circuit Councils: Rusty Hinges of Federal Judicial Adminis-
tration," 37 The University of Chicago Law Review 203 (1970) –
"Federal Judicial Administration: A Bibliography".

Friggens, Paul, "Is That Judge Fit to Sit?" The Reader's Digest, July 1966.
Griffin, Hon. Robert P., a U.S. Senator from the State of Michigan,
"Possible Impeachment of Mr. Justice Douglas," Congressional Record,
Vol. 116, No. 60, April 15, 1970..

Gross, Hon. H. R., U.S. Representative from the Third Congressional
District of Iowa, "The Feud Among Federal Judges in Oklahoma City,"
Congressional Record, Vol. 112, part III, February 21, 1966---
Grossman, Joel B., assistant professor of political science, University of
Wisconsin, "The Role of the American Bar Association in the Selection
of Federal Judges: Episodic Involvement to Institutionalized Power," 17
Vanderbilt Law Review 785 (1964)..

Hall, Hon. Peirson M., senior judge, U.S. District Court, Central District
of California, memorandum to the district judges of the Ninth Circuit,
April 15, 1966___

Memorandum to the district judges of the Ninth Circuit, June 7,1966,
with exhibits..

Kurland, Philip B., professor of law, The University of Chicago, "The
Constitution and the Tenure of Federal Judges: Some Notes From His-
tory," 36 The University of Chicago Law Review 665 (1969) – –
Lewis, Hon. Oren R., judge, U.S. District Court, Eastern District of
Virginia, letter to all judges of the Fourth Circuit...
Library of Congress, Legislative Reference Service:
American Law Division:

"Appointment of Managers in Impeachment Proceedings,"
memorandum, February 24, 1965-

Bibliographies:

"General Bibliography on Impeachment," February 20, 1968...
"Judicial Conferences and Councils," February 12, 1970...
"Charges Leveled Against Federal Judges in Impeachment
Trials," memorandum, February 17, 1964..
"Definition of 'Good Behaviour' and Proposals for Review of the
Federal Judiciary," memorandum, December 5, 1967...
"Impeachment," excerpts from "Introduction to American Gov-
ernment," by Frederic A. Ogg and P. Orman Ray (1951), memo-
randum, March 1961..

"Impeachment," memorandum, August 27, 1965.
"Impeachment," study, June 25, 1957.

"Investigations and Impeachments of Federal Judges," memo-
randum, April 29, 1966.

389

942

949

455

952

954

972

974

258

981

981

983

984

986

987

990

992

992

996

"Legislative History and Arguments Advanced for and against
Validity of Proposal to Effect Removal of Corrupt and In-
competent Federal Judges by Judicial Proceeding in Lieu of
Impeachment," memorandum, October 26, 1965..........

1010

Reference Department:

"The Constitution of the United States of America: Analysis and
Interpretation; Annotations of cases decided by the Supreme
Court to June 22, 1964," 88th Congress, First Session, Senate
Document 39, pp. 556-558 (1964)_ _

1015

"Removal Power of Congress With Respect to the Supreme
Court," memorandum, March 11, 1947--

1017

Lillich, Richard B., "The Chase Impeachment," 4 The American Journal of
Legal History 49 (1960), Temple University.

1019

Lumbard, Hon. J. Edward, chief judge, U.S. Court of Appeals for the
Second Circuit, "The Place of the Federal Judicial Councils in the
Administration of the Courts," 47 American Bar Association Journal
169 (1961)--

Main, Jeremy, "Only Radical Reform Can Save the Courts," Fortune,
p. 111, August 1970..

McClellan, Hon. John L., a U.S. Senator from the State of Arkansas,
"Action of Judicial Conference on Title I of S. 30, The Organized Crime
Control Act of 1969," Congressional Record, Vol. 115, No. 184,
November 10, 1969.....

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