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Stapleton, Walter K., Judge, U.S. Court of Appeals for the Third Circuit,
chairman, Committee on Codes of Conduct, Judicial Conference of the
United States: Prepared statement with attachment.....

146

Zemans, Frances Kahn, executive vice president and director, American Judi-
cature Society: Prepared statement with attachment.

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Ruth Marcus, "Impeaching Judges a Long, Trying Process," Wash. Post (April
7, 1989)....

689

Diana E. Murphy, Judge, U.S. District Court, Minneapolis, MN, president, Federal Judges Association, letter to Hon. Robert W. Kastenmeier (October 18, 1989), with attachments.....

APPENDIX VI.-MATERIALS RELATING TO JUDICIAL RETIREMENT

H.R. 3726, 100th Cong., 1st Sess. (1987) (Gray of Pennsylvania), to allow a
Federal judge who is at least 60 years of age and has completed 20 years of
service to retire from regular active service..

Hon. William H. Gray III, a Representative in Congress from the State of
Pennsylvania, letter to Hon. Robert W. Kastenmeier (June 26, 1989)....
Hon. Geo. W. Crockett, Jr., a Representative in Congress from the State of
Michigan, letter to Hon. Robert W. Kastenmeier (July 10, 1989), with at-
tachments

Hon. Robert W. Kastenmeier, letter to Hon. Frank Annunzio, a Representa-
tive in Congress from the State of Illinois (January 9, 1990), with
attachments....

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APPENDIX VII.-MISCELLANEOUS

Federal Judicial Center, "Illustrative Rules Governing Complaints of Judicial
Misconduct and Disability" (1986)

813

Congressional Research Service: Bibliography of books by Supreme Court
Justices from the Library of Congress catalog..
William R. Burchill, Jr., general counsel, Administrative Office of the U.S.
Courts, letter to Michael J. Remington, chief counsel, Subcommittee on
Courts, Intellectual Property, and the Administration of Justice (July 24,
1989), with attachments...

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JUDICIAL INDEPENDENCE: DISCIPLINE AND

CONDUCT

THURSDAY, APRIL 27, 1989

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COURTS, INTELLECTUAL PROPERTY,

AND THE ADMINISTRATION OF JUSTICE,

COMMITTEE ON THE JUDICIARY,
Washington, DC.

The subcommittee met, pursuant to notice, at 9:30 a.m., in room. 2237, Rayburn House Office Building, Hon. Robert W. Kastenmeier (chairman of the subcommittee) presiding.

Present: Representatives Robert W. Kastenmeier, George E. Sangmeister, William J. Hughes, Carlos J. Moorhead, Howard Coble, and F. James Sensenbrenner, Jr.

Also present: Michael J. Remington, chief counsel; Judith W. Krivit, clerk; and Thomas E. Mooney, minority counsel.

OPENING STATEMENT OF CHAIRMAN KASTENMEIER

Mr. KASTENMEIER. The subcommittee will come to order.
The gentleman from California.

Mr. MOORHEAD. Mr. Chairman, I ask unanimous consent that the subcommittee permit the meeting to be covered in whole or in part by television broadcast, radio broadcast, and/or still photography, pursuant to rule 5 of the committee rules.

Mr. KASTENMEIER. Without objection, that will be agreed to. This morning, the subcommittee commences hearings on the important subject of "Judicial Independence: Discipline and Conduct.” Questions that will be raised during this inquiry are of enormous significance not only to the Federal judiciary and to the separation of powers among the three branches of government but to the Nation as well.

Our Federal courts have served us so well for so long that we can be rightfully accused of taking them for granted. Actually, we can no longer do so. Without an autonomous and independent Federal judiciary composed of the finest judges, we will maintain neither rule of law nor respect for it that our country requires. An independent judiciary is a strong judiciary. But it is also an accountable judiciary that administers and maintains the highest ethical standards.

Our inquiry this morning is brought into focus by two legislative proposals that I have introduced together with the ranking minority member of the subcommittee, Mr. Moorhead, my colleague, and both proposals relate to accountability.

The first is contained in H.R. 1620, the Judicial Discipline and Impeachment Reform Act of 1989. This bill amends and improves the judicial discipline statute that was enacted through the hard work of this subcommittee in 1980. This bill also creates a commission to study the problems and issues involved in the appointment and tenure, including discipline and removal, of judges appointed to office for life.

I say this with some temerity because we do have study commissions extant on the courts, but many of us feel, particularly with the question of impeachment-for even this week the Judiciary Committee voted to impeach a Federal judge-that clearly we should study whether or not the constitutional provisions are practicable in this two hundred first year of the Constitution and whether any change is indicated, assuming a growing Federal judiciary as a bureaucracy for the future. So we still recommend a commission for the study of that question and obviously others relating to discipline and removal, including constitutional limitations.

The second bill is H.R. 1930, which provides that Justices and judges in senior status in order to receive certain pay raises must perform a certain amount of work each year. This is in response to, really, substantial public attention to this and similar questions arising out of pay raise proposals recently.

Without objection, these two bills will be reprinted in the appendix to the hearing record. (See appendix I.)

I will soon introduce, possibly even today, a bill at the request of the Judicial Conference to give the Federal judges a 30-percent salary increase and to provide them with automatic cost-of-living increases. I mention this bill to draw attention to the proposition that judicial independence, accountability, and salaries are interwoven issues.

The subject of salaries is an appropriate one for this subcommittee because inadequate salary levels affect the quality of appointments, the performance of sitting judges, and low salaries create an environment for moonlighting, supplemental forms of income, that may lead to ethical difficulties, including financial disclosure, tax, possible criminal problems; ethical violations may lead to judicial discipline, of of course; discipline potentially could lead to impeachment.

I am a firm believer in the candid and frank flow of communications between the judicial and legislative branches of government. The flow of information is a two-way street. I know some judges feel that communications problems between the two branches center on the failure of Congress to hear and understand the difficulties that affect Federal courts. That certainly is part of the problem. But the subject also comprises the ability and occasional failure of the judiciary to hear legitimate policy concerns of the elected representatives of the people. This proposition holds especially true in related areas of pay, perquisites, discipline, conduct, and ethics.

Now I would like to introduce our first panel of witnesses, and when discussing the subject of communications between the judicial and legislative branches of government I can think of no better witness than Judge Frank M. Coffin. Judge Coffin once character

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