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Audit of statistical reports of asset and arrangement cases

The Auditor of the Bankruptcy Division is in need of a stand-in to learn the basic audit procedure of the case closing reports. Each of these reports is checked for accuracy prior to audit. Approximately 40 to 45 thousand of these reports are audited each year in the Bankruptcy Division.

In addition, the Bankruptcy Division conducts several special surveys per year. results would be a function of the new employee.

The tabulation of the

Recently, the recording and tabulating of a second survey just completed on the effect of the dischargeability amendments to the Bankruptcy Act was necessarily done by one of the attorneys for the Division simply because there was no one else to do it. This is manifestly a waste of time and legal talent.

In the coming year, there is one known survey to be made of referees' activities and a strong possibility of others, including a detailed study of forms to be used in referees offices.

Semi-annual reports

General Order 26 of the Bankruptcy Act provides for a semi-annual report from each referee which is a statement of the volume of cases handled and a list of cases remaining open for over eight months. When these reports are received, they are compared with prior reports and computations are made of status changes in cases. Much of this preliminary analysis would be accomplished by an assistant Auditor.

Item 2c. Additional Personnel for the Magistrates Division

The Division of Magistrates was established in the Administrative Office to provide administrative direction to the new Federal Magistrates System which has been fully operational in all judicial districts for less than two years. The Division has been authorized to: (1) conduct general and local surveys of conditions in the district courts and make recommendations to the Judicial Conference with respect to the number, locations,

93-020 0 - 73 pt. 1 - 11

and salaries of United States magistrates; (2) conduct studies of procedures in magistrate offices and make recommendations for improvement; (3) prepare and distribute a procedures manual, with annual supplements and periodic revisions, for the use of magistrates, setting forth their powers and duties, describing all categories of proceedings that may arise before them, and containing other information required to enable them to discharge their duties promptly, effectively, and impartially; (4) coordinate with the other divisions of the Administrative Office all matters relating to the offices of magistrates; (5) prepare and distribute an operations manual for magistrates instructing them regarding administrative matters of concern to their offices; (6) coordinate with the Division of Information Systems in prescribing forms and procedures for statistical reporting and in evaluating all statistical and other information required for the performance of the statutory duties of the Director and the Judicial Conference with respect to the magistrates system; (7) assist the Federal Judicial Center in planning and conducting educational programs for magistrates; and (8) maintain liaison with the Judicial Conference Committee on Federal Magistrates.

The Judicial Conference has authorized the district courts to appoint 572 United States magistrates, including 103 full-time magistrates, all of whom perform a full range of judicial duties under 28 U.S.C. 633(a) and (b), and a substantial number of part-time magistrates who perform a full range of such duties.

In establishing the Division of Magistrates it was determined that a staff of ten persons would be needed to perform these assigned functions. As a result of funds provided in prior appropriation acts, eight positions It is requested that funds be provided for two additional positions, have been allocated to the Division.

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Item 2d.

Additional Personnel for the Division of Information Systems

The Division of Information Systems is charged with the functions of:

Providing accurate and current statistical information as to the state of judicial business in each
Federal court, for the purpose of promoting prompt and efficient disposition of litigation.

Providing data processing services to all elements of the Administrative Office to include processing the
statistical data, processing the payroll for all members of the judiciary except the Supreme Court,
processing payments to all attorneys appointed under the Criminal Justice Act, and processing other busi-
ness management information.

Continually and critically evaluating the effectiveness of existing information systems, developing new
systems when required, evaluating the impact of outside changes on the systems, evaluating changes recom-
mended from within or without the Federal Courts systems, and originating changes when conditions dictate.

To carry out its responsibilities, the Division is organized into three Branches: an Operations Branch which
has the primary responsibility of the first function, a Data Processing Branch which has the primary responsi-
bility for the second function, and a Systems Development Branch which has the responsibility for the third
function outlined above.

The Administrative Office is required to generate far more information about a much greater caseload than
in 1950. The statistical workload over the past twenty-two years has increased by about 160%. Several
completely new reporting requirements have been added (e.g., the beginning of the series on Persons Under
Supervision, the collection of data on lawyer activities under the Criminal Justice Act, the Magistrates
and Public Defenders, reports on wiretapping and eavesdropping, and jury utilization). This workload
falls on the Operations Branch which is currently receiving over 75,000 documents per month containing
the data from which all of the statistical information and reports are produced. A shortage of re-
sources has forced the establishment of priorities which has caused some work to go unprocessed in other
than gross statistical summary form. This in turn has forced other Divisions in the Administrative
Office, particularly the Bankruptcy and Probation Divisions, to manage their programs with far less in-
formation than they need.

The increased workload has not been confined to the statistical area. The business management workload has also increased. The impact of this increase in total workload in the Administrative Office is felt most heavily in the Data Processing Branch of the Division of Information Systems. This Branch is currently subject to receiving almost 102,000 documents per month which, when reduced to punch card form,

generate almost 142,000 cards per month for machine processing. Again, due to a shortage of resources, work priorities have been established and all work is not currently being done.

However even with these established priorities, this Branch is still understaffed to do the minimum work required and can only fulfill the minimum requirements through the use of overtime work.

Finally, the Systems Development Branch has the responsibility of evaluating current systems and developAs a result, the systems ing new ones as required. This Branch did not exist prior to November 1971. currently being used in the Administrative Office are those which were developed for first generation data processing equipment over ten years ago. This Branch is currently staffed with four professional systems analysts and a supervisor. The need exists for a slight increase in this staff in order to properly discharge its assigned functions of modernizing all of our systems.

A substantial increase in personnel for the Division of Information Systems is requested for fiscal year 1974. Almost half of the additional positions requested-12 of the 25-will be assigned to the task of maintaining statistics on a current basis for Probation and Bankruptcy. Statistical data in these areas have not been available on a current basis for several years because of other demands and pressures on The following explanations demonstrate the need for such the personnel in the statistics division. current information.

NEED FOR CURRENT PROBATION STATISTICS

Adequate staff must be assigned to the task of providing the probation system with current statistics. present there are 53,000 offenders under the supervision of U. S. probation officers about which we know virtually nothing. The prospects for disaster in such a situation are too numerous to count.

At

The last publication giving detailed reports on the performance of persons on probation, parole, and mandatory release was for fiscal year 1968. Since that time what little information we have was prepared by hand tallies, mostly in the Probation Division.

Persons Under the Supervision of the Federal Probation System is the fundamental source document for manageThis report is produced from the most accurate data base in the criminal justice system. Courts, probation officers, and other federal agencies with their own statistical programs rely on the inforThis data base is the only reliable source of information on the results of hundreds ment information. mation it contains. of thousands of sentencing decisions made by district courts.

Last fiscal year over 37,000 defendants were sentenced in 90 district courts. The sentences imposed vitally
affected not only the lives of the defendants, their families, and friends. Society is also affected when
a sentence is inappropriate, when it fails to accomplish the purpose of reformation intended, and the person
offends again following his release, early or eventual, to free society.

Courts today are faced with a broad array of sentencing alternatives in any criminal case. The courts must
decide in each instance which alternative is likely to be most effective. Without feedback on prior ex-
perience each such decision must be made in the dark, without the guidelines of experience from previous
decisions.

The courts and their advisers need to know what experience is associated with a sentencing decision. When
has probation worked? When has it failed? For what kinds of people? When should a prison sentence be im-
posed to isolate a sure repeater? Judges and probation officers need to know the answers to questions like
these. Today the last available information they have was published in 1968.

The impact of new laws cries out for study. Hundreds of thousands of dollars have been poured into the
treatment provisions of Title II of the Narcotic Addict Rehabilitation Act. Has it been worthwhile? We do
not know. Have federal community centers made a difference? We do not know.

Our statistics are used by judges, probation officers, magistrates, attorneys, law enforcement officials,
and scholars. The most important user however is not in the criminal justice system. Congress has a con-
tinuing need for accurate statistics in evaluating pending legislation. Our moral and ethical responsibility
is to report to Congress and the public on what we are doing in probation and whether or not it is working.
The present situation is intolerable. In any correctional system which is responsible for the care and
treatment or supervision of persons convicted of criminal offenses by the courts, it is essential to have
a sound statistical procedure which furnishes a strict accounting of the persons committed to its oversight
and provides a means of measuring and evaluating the operation of the system.

NEED FOR CURRENT STATISTICS IN BANKRUPTCY

Some of the most vital statistical information needed for bankruptcy operations, extracted from reports of
bankruptcy cases administered or terminated, has not been available since fiscal year 1969. Missing data
includes such important information as the number of asset cases and number of cases under relief chapters
closed in each district, the amounts paid to creditors by class in asset cases, the percentages and amounts

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