In addition, a letter dated June 6, 1997, from Griffin Bell, Attorney General in the Carter Administration, was released at today's hearing by Sen. Jeff Sessions of Alabama. Bell recommended that a thorough review of the federal judiciary was in order. "I do not believe the appellate court judiciary should be increased either by adding additional judgeships to a particular circuit or by enlarging the number of circuits," stated Bell.
"The judiciary is a large bureaucracy that's plagued by the same kinds of problems found in the other two branches," Grassley said. "Up until now, the judiciary has been on a one-way glide-path to growth. This has profound consequences for the American taxpayer."
This is the third hearing of the committee to consider the number of judgeships needed in federal circuits. Grassley conducted his first hearing on this issue for the District of Columbia Circuit in October of 1995, and in February of this year he held a hearing to review the 4th Circuit. As part of his review, Grassley conducted a first-ever survey of Article III judges. The questionnaire asked for direct input from judges on a number of issues related to their work, including the number of judges per circuit.
In response to the survey in early 1996, the majority of judges indicated their opposition to adding new judges. One 5th Circuit judge said, "I would not want more (judges) added to our circuit and I would advocate reducing the number of judges whenever that becomes feasible." Also in response to the survey, an 11th Circuit judge said "I believe that the proliferation of judgeships impedes the maintenance to a stable and predictable rule of law in the circuit."
Grassley said he plans to continue his examination by looking into other circuits in coming months. "I am committed to conducting a thorough and appropriate examination of our federal court system so tax dollars are spent wisely and courts are able to do their jobs as efficiently and effectively as possible," said Grassley.
Grassley serves as the Chairman of the Judiciary Subcommittee on Administrative Oversight and the Courts.