27 Cornell L. Q. 364 (1941-1942)
Place of the Administrative Office in the Federal Court System ; Chandler, Henry P.

handle is hein.journals/clqv27 and id is 392 raw text is: FEDERAL JUDICIARY ADMINISTRATION
THE PLACE OF THE ADMINISTRATIVE OFFICE IN
THE FEDERAL COURT SYSTEM
HENRY P. CHANDLER -
Experience has fully borne out early optimistic estimates' of the value of
periodic consideration of the work of the federal courts by the Judicial Confer-
ence of Senior Circuit Judges, discussed above by Professor Morse.2 Never-
theless there are obvious limits to what the Judicial Conference can do. Made
up of judges fully occupied with their judicial duties, meeting only once or
at most twice a year, it can deal only with general policies. It can hardly
examine into local conditions that may affect the operation of the courts in a
particular district or circuit, or give the continuous attention that is some-
times necessary for improvement. Moreover, until 1939 it lacked an agent
or executive secretary to procure information, make studies and prepare mat-
ters for its consideration, and carry out its decisions in the intervals between
its meetings. The creation of such an agency, provided for by the Act of
August 7, 1939, which took effect November 6 of that year,3 was the next
step in the evolution of the federal judicial administration.
The germ of the idea of an administrative officer of the courts was contained
in the provision for a proctor, which was one of the elements in the contro-
versial proposal for the reorganization of the federal judiciary submitted to
the Congress by the President in 1937. Section 3 of the bill on the subject,4
authorized the Supreme Court to appoint a proctor whose duty it should be to
obtain and, if deemed desirable by the court, to publish information concern-
ing the state of the business in the district courts and circuit courts of appeals,
to investigate the need of assigning district and circuit judges to other courts,
to make recommendations on the subject to the Chief Justice, and with the
approval of the Chief Justice to recommend to any court of the United States
methods of expediting cases pending on its dockets.
In the conflict which arose concerning the proposal in relation to the Su-
'More effective coordination of the existing personnel was one of the chief hopes
underlying the passage of the Act of 1922. That hope has been fulfilled. Instead of the
wholly unsatisfactory method of long distance correspondence, entreaties and accommo-
dations in securing relief for congested districts through the release of unoccupied judges
elsewhere, the Conference supplies a systematic examination of business and personnel,
and an adjustment of personnel to business throughout the country. FRANKFURTER AND
LANDIS, THE BUSINESS OF THE SUPREME COURT (1928) 245.
2Morse, Federal Judicial Conferenwes and Coumcils: Their Creation and Reports, this
volume, supra at p:
353 STAT. 1223 (1939). 28 U. S. C. § 444 et seq. (Supp. 1941).
4S. 1392, 75th Cong., 1st Sess. (1937).

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