N.J. Constitutional Convention: Vol. 4, Page 422

Thursday, July 10, 1947 (Morning session)

and we have been extremely happy in our federal administrator. Do they know the system?

VICE-CHAIRMAN: I think it would be very helpful if you would outline it.

JUDGE HAND: Its origin goes back to Chief Justice Taft, and I think it possibly goes back to 1922, but it was just in its infancy during the early years. They had a Conference, what they called a Conference of Senior Circuit Judges. I don't know if you know the federal system, but they have the District Court, on which I think they have 180 judges, that is over the whole country; then they have an intermediate court of appeals, about 35 of those; and then the Supreme Court. Now the seniors of this intermediate court, the Senior Circuit Judges, began to meet with the Chief Justice to discuss any changes or go over how the work of their circuits was going, and so on and so on. Well, that was well enough in its way, but they didn't have much power and they couldn't do much because it was only once a year for three or four days. And then, finally, I think it may have been still in Chief Justice Taft's time - no, it wasn't - maybe it was - the law was passed which put a very different complexion on it.

This Conference of Senior Circuit Judges remained, but the Supreme Court was to appoint what they called an administrator - I don't know what the full title is -

MR. SMITH: Judgeship -

JUDGE HAND: No, he wasn't a judge at all - well, administrator. He has an organization, now getting to be rather large - I should hesitate to say how many, but probably 50 or more - in the Supreme Court Building in Washington. They keep track of all the work of all the District Courts and Circuit Courts of Appeal throughout the country. They prepare the requests for the appropriations.

We now have charge of our own appropriations, that is, the courts have. Mr. Chandler, the Administrator, prepares an elaborate budget which passes through the legislature and he then argues his requirements before the committee of Congress. We are entirely on our own, entirely exempt from the Attorney-General's office which used to have charge of all of our expenses - a very bad system, as he has to appear as a party in the greatest number of cases before us. So, we are quite independent.

He also recommends such changes as he thinks might be desirable to the Conference. The Conference works through committees of itself or committees appointed by the Chief Justice from the whole judicature of the country, District judges and Circuit judges, and they work through the year and make their reports to the Conference. Then the Conference makes its recommendation to Congress and leaves it to Mr. Chandler to support them before the

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