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28 Third Branch 1 (1996)

handle is hein.journals/thirdbran28 and id is 1 raw text is: THE BRANCH Newsletter of tile Federal Courts VoL 28 January 1996 Special Issue Chief Justice Recaps 1005 in Year-end Report Due to an error in the January 1996 issue of The Third Branch, the folloz- ing is a reprint of Chief Justice William H. Rehnquist's 1996 Year-end Report on the Federal Judiciary. INTRODUCTION This year marks my tenth occa- sion as Chief Justice to issue an an- nual report on the federal judiciary. Since Chief Justice Warren Burger began the tradition, this year-end re- port has served as a valuable way to speak to Congress, the Executive branch, the Judiciary itself, and the public at large. Over the years I have noticed how some issues reappear while others mark a new direction or water-shed. This year we have seen both the return of old issues and the emergence of new ones. The Third Branch has long stood as a powerful example of the way in which a properly functioning legal institution in a democracy can work-when there are three sepa- rate, independent, co-equal, interac- tive branches of government. It is a separateness that, as James Madison noted, is essential to the preserva- tion of liberty, and as Montesquieu stressed, is required, because there is no liberty if the power of judging be not separated from the legislative and executive powers. Last year I highlighted the rela- tionship between the federal judi- ciary and Congress and this year I return to this theme. The past year's events make this an easy choice for a leitmotif again. Our nation's Found- ers ensured judicial independence through constitutional provisions that grant federal judges life tenure during good behavior and protect members of the federal judiciary from reductions in compensation. But the drafters of the Constitution also were careful to secure an equally important interdependence and interaction among the branches. The Constitution places the inde- pendent judiciary it creates within a democratic government that is ulti- mately accountable to the people. One of the challenges of American government is to preserve the legiti- mate independence of the judicial function while recognizing the role Congress must play in determining how the judiciary functions. The Constitution gives Congress authority to determine the size, jurisdiction, and structure of the ju- dicial branch, the level at which it will be funded, and, within limits, the basic procedural rules the courts apply. Congress, though, has histori- cally recognized that close consulta- tion with the judiciary is a vital in- gredient to ensure appropriate exercise of these responsibilities. Naturally, Congress and the courts view these matters from different perspectives, but those differences, as often as not, result in a sort of Hegelian synthesis which is better than either perspective standing alone. Over the last twenty years, four statutes exemplify Congress' in- creasing interest in judicial adminis- tration: the Speedy Trial Act (1974); the Judicial Conduct and Disability Act (1980); the Sentencing Reform Act (1984); and the Civil Justice Re- form Act (1990). Some have criticized Congress for becoming involved in these areas; others view the legisla- tion as an appropriate exercise in oversight. At present there are two issues of concern to the judiciary which illus- trate this often creative tension be- tween Congress and the courts. The first is the current governmental shutdown because of the inability of Congress and the President to agree on appropriation bills. It would be a mistake to regard this dispute as some sort of Washington-based turf battle. Important questions of policy are involved, and since Con- gress and the President are both part of the law-making process it is understandable why each maneu- vers to have its own view prevail. But the judiciary is not part of the See Report on page 2

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