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Letter to the Honorable Frank R. Wolf 1 (2001)

handle is hein.congrec/cbo9041 and id is 1 raw text is: Honorable Frank R. Wolf
Chairman
Subcommittee on Commerce, Justice, State,
the Judiciary, and Related Agencies
Committee on Appropriations
U.S. House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
The conference report that accompanies the bill making appropriations for the Departments
of Commerce, Justice, and State, the judiciary, and related agencies for 2001 directs the
Congressional Budget Office (CBO) to review and comment on a 2000 study, Independent
Assessment of the Judiciary's Space and Facilities Program, prepared by Ernst & Young (U.S.
House of Representatives, conference report to accompany H.R. 4942, Report 106-1005, October
2000, pp. 287-288). This letter is CBO's response.
The General Accounting Office (GAO) also reviewed and commented on the Ernst & Young
study in December 2000 (see General Accounting Office, Courthouse Construction: Sufficient Data
andAnalysis Would Help Resolve the Courtroom-Sharing Issue, GAO-01-70, December 2000; see
also Courthouse Construction: Better Courtroom Use Data Could Enhance Facility Planning and
Decisionmaking, GAO/GGD-97-39, May 1997). CBO's review is confined to the part of the Ernst
& Young study that covers a subject CBO has addressed in earlier work: courtroom sharing. In
April 2000, CBO issued The One-Courtroom, One-Judge Policy: A Preliminary Review. That
report-prepared at the request of the Subcommittee on Economic Development, Public Buildings,
Hazardous Materials, and Pipeline Transportation of the House Committee on Transportation and
Infrastructure-concludes that more courtroom sharing would not necessarily cause trial delays, as
some people have contended.
The Ernst & Young study urges the judiciary to keep its national policy of one courtroom
per active judge, but it goes on to recommend additional sharing of court space among senior judges
and the consideration of opportunities for sharing among otherjudges. In particular, it indicates that
larger courthouses offer the potential for more sharing. The study also notes that courtroom sharing
could reduce construction requirements and produce substantial savings. But it warns that using
courtroom sharing as an alternative to the construction of additional court space could result in
having too few courtrooms. Wise policy decisions, according to Ernst & Young, would ensure that
the judiciary neither overbuilds nor underbuilds court space.

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