19 Judges J. 1 (1980)

handle is hein.journals/judgej19 and id is 1 raw text is: Court

This year, the ABA threw its weight behind the adop-
tion of three new volumes of the Juvenile Justice Stan-
dards (while postponing a fourth by a close 145-142
vote); it opposed the creation of three new federal level
courts; it declined to grant prosecutors the right to ap-
peal lenient sentences meted out to criminal defen-
dants; it had to reconcile conflicting resolutions on
FBI charter and graymail legislation; it voted to
back the expansion of interlocutory appeals in federal
courts; and it took positions on many other issues as
The following is a summary of ABA actions taken
at the 1980 midyear meeting and the Judicial Admin-
istration Division's position on these. The information
presented here is based in part on a memorandum
that Edward B. McConnell, JAD representative to the
House of Delegates, submitted to the Judicial Ad-
ministration Division's council.
Juvenile Justice Standards. The Judicial Adminis-
tration Division supported a recommendation of the
Maricopa County Bar Association that the IJA/ABA
Joint Commission on Juvenile Justice Standards
review, revise, and amend all the standards in accor-
dance with ten specific guiding principles, some of
which substantially differed from the ten guiding
principles used by the commission. This recommen-
dation was disapproved by the ABA House of Dele-
gates. The JAD also supported the Joint Commission
report to recommend passage of four volumes of the
standards and to defer until the 1981 midyear meeting
the volume on Abuse and Neglect.
The ABA House of Delegates approved three addi-
tional volumes of the juvenile justice standards-
Court Organization and Administration, Juvenile
Probation Function, and Juvenile Delinquency and
Sanctions-while deferring a fourth one, Noncriminal
Misbehavior by a vote of 145-142. The House also
deferred the volume on Abuse and Neglect. This
brings to 20 the number of volumes now officially a
part of the ABA Juvenile Justice Standards.
Graymail Legislation. A problem currently facing
the government is how to appropriately accommodate
and balance the need to avoid unwarranted disclosure
of national security information in criminal investiga-
tions and trials with the need to assure defendants
their right to a fair trial. A number of congressional

bills, including H.R. 4736, the Classified Information
Criminal Trial Procedures Act, was the focus of
discussion and debate.
The ABA's Criminal Justice Section initially pro-
posed a resolution that would have suported in prin-
ciple H.R. 4736. The Standing committee on Law and
National Security (formerly called the Standing Com-
mittee on Education about Communism) preferred
H.R. 4745, which included a Jencks Act exception for
classified information. A substitute recommendation
by these two ABA groups reconciling their divergent
views was passed by the ABA's House of Delegates.
FBI Charter. The ABA also voted to support in
principle S. 1612 (and its counterpart, H.R. 5030),
which establishes a statutory charter for the FBI.
Initially, the criminal justice section supported
amendments that would make the present charter
legislation more restrictive, while the law and national
security committee sought amendments to broaden
the FBI's power under the charter, but both groups
finally agreed on a joint statement. The JAD took no
position on this.
New Federal Courts. The ABA voted to disapprove
the creation of three new federal courts: a Court of
Appeals for the Federal Circuit, a U.S. Claims Court
as provided in S. 1477, the Federal Courts Improve-
ment Act of 1979, and a U.S. Court of Tax Appeals as
provided in S. 1691, the Tax Court Improvement Act.
The resolution, which was sponsored by the Special
Committee on Coordination of Judicial Improve-
ments, included a provision reaffirming the Associa-
tion's continued cooperation in developing reforms.
This resolution had JAD approval.
Spanish in the Courts. The ABA approved a resolu-
tion allowing certain proceedings and filings in U.S.
District court in Puerto Rico to be in Spanish and to
permit non-English-speaking Puerto Ricans to serve
on grand and petit juries where proceedings are con-
ducted in Spanish. The JAD opposed this resolution.
Government Appeal of Criminal Sentences. The
Standing Committee on Association Standards for
Criminal Justice urged the ABA to: (1) defer recon-
sideration of any provision in the Standards Relating
to Appellate Review of Sentences, which would permit
appellate review of sentences at the insistence of the
government, until the Supreme Court disposes of
United States v. DiFrancesco, and (2) prohibit the

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