Page images
PDF
EPUB
[ocr errors][merged small][merged small][merged small]

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,
AND THE ADMINISTRATION OF JUSTICE

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

NINETY-NINTH CONGRESS

[blocks in formation]

LIBRARY OF

DOCUMEN

Printed for the use of the Committee on the Judiciary

GOVT

48-930 O

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1985

JACK BROOKS, Texas

COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman

ROBERT W. KASTENMEIER, Wisconsin

DON EDWARDS, California
JOHN CONYERS, JR., Michigan
JOHN F. SEIBERLING, Ohio
ROMANO L. MAZZOLI, Kentucky
WILLIAM J. HUGHES, New Jersey
MIKE SYNAR, Oklahoma
PATRICIA SCHROEDER, Colorado
DAN GLICKMAN, Kansas

BARNEY FRANK, Massachusetts
GEO. W. CROCKETT, JR., Michigan
CHARLES E. SCHUMER, New York
BRUCE A. MORRISON, Connecticut
EDWARD F. FEIGHAN, Ohio
LAWRENCE J. SMITH, Florida
HOWARD L. BERMAN, California

FREDERICK C. BOUCHER, Virginia

HARLEY O. STAGGERS, JR., West Virginia JOHN BRYANT, Texas

HAMILTON FISH, JR., New York
CARLOS J. MOORHEAD, California
HENRY J. HYDE, Illinois
THOMAS N. KINDNESS, Ohio
DAN LUNGREN, California

F. JAMES SENSENBRENNER, JR.,
Wisconsin

BILL MCCOLLUM, Florida
E. CLAY SHAW, JR., Florida
GEORGE W. GEKAS, Pennsylvania
MICHAEL DEWINE, Ohio

WILLIAM E. DANNEMEYER, California
HANK BROWN, Colorado

PATRICK L. SWINDALL, Georgia
HOWARD COBLE, North Carolina

M. ELAINE MIELKE, General Counsel

GARNER J. CLINE, Staff Director

ALAN F. COFFEY, Jr., Associate Counsel

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE

[blocks in formation]

Page

CONTENTS

WITNESSES

APPENDIXES

A. American Bar Association policy on the Rules Enabling Act...
B. American Bar Association standards relating to court organization

APPENDIX 1. BILLS AND BACKGROUND INFORMATION

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

APPENDIX 2. CORRESPONDENCE

Letter from Edward T. Gignoux, Chairman, Committee on Rules of Practice
and Procedure of the Judicial Conference of the United States to Hon.
Robert W. Kastenmeier, with attachments (July 11, 1985)..
Letter from Hon. Jack Weinstein, Chief Judge, U.S. District Court, Eastern
District of New York to Hon. Robert W. Kastenmeier (July 15, 1985)...

Letter from Hon. Robert W. Kastenmeier to Hon. Edward T. Gignoux, Chair-

man, Committee on Rules of Practice and Procedure of the Judicial Confer-

ence of the United States (August 7, 1985)

RULES ENABLING ACT OF 1985

THURSDAY, JUNE 6, 1985

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,

AND THE ADMINISTRATION OF JUSTICE,

COMMITTEE ON THE JUDICIARY,
Washington, DC.

The subcommittee met at 2:12 p.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier (chairman of the subcommittee) presiding.

Present: Representatives Kastenmeier, Hyde, Kindness and Swindall.

Staff present: David W. Beier, counsel; Joseph Wolfe, associate counsel; and Audrey Marcus, clerk.

Mr. KASTENMEIER. The subcommittee will come to order.

This afternoon the subcommittee will conduct hearings on the Rules Enabling Act, H.R. 2633. Last Congress we held hearings on H.R. 4144, the bill to reform the Rules Enabling Act process. The subcommittee marked up that bill and ordered a clean bill reported favorably to the full committee but did not pursue the legislation further.

The purpose of this afternoon's hearing is to examine the new bill, H.R. 2633. This bill very similar to the final bill processed last session, except for one major respect: This bill provides no supersession provision. Instead, H.R. 2633 provides that the Supreme Court can no longer prescribe general rules of practice and procedure that abridge, enlarge or modify any substantive right or supercede any provision of the U.S. law. Under current law general rules of practice and procedure promulgated by the Supreme Court supercede all laws in conflict with such rules.

Today the subcommittee will hear from two distinguished witnesses, Prof. Stephen Burbank, associate professor and associate dean, University of Pennsylvania Law School, and Prof. Paul Rothstein, chairperson, ABA Criminal Justice Section's Committee on Rules of Procedure and Evidence. Today's hearing will focus on the process by which the Federal judiciary and the Congress promulgate Federal rules of practice and procedure.

Under current Federal law, as well as under the proposed bill, rules developed by the judiciary will have the full force and effect of law. Existing rules govern class action determinations, set the prerequisites for the issuance of injunctions and other procedural matters that vitally affect the property and rights of citizens. Thu there is little question that these procedural rules are importar

« PreviousContinue »