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FEES OF JURORS, UNITED STATES COURTS

Mr. RABAUT. The next item is "Fees of jurors, United States courts"; and, without objection, we will put pages 51 and 52 in the record, setting forth the summary of the estimate.

(The matter above referred to is as follows:)

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The appropriation "Fees of jurors, United States courts," provides for the compensation of jurors and jury commissioners in Federal courts. The mileage fees of jurors and the cost of meals and lodgings of jurors when they are ordered to remain together by the court are also paid from this appropriation.

It is requested that the sum available for the fiscal year 1946 be continued without change for the fiscal year 1947. Although payments for jury service during the fiscal year 1945 were considerably less than for 1944, $1,468,896 as compared with $1,665,331, it is anticipated that jury costs will increase somewhat during the current fiscal year and that costs will rise substantially in the postwar years, when the usual types of criminal cases, which during the war years have diminished, are expected to reappear in the Federal courts. If the number of cases requiring jury trials increases, the obligation to pay the jurors' fees and mileage cannot be avoided. The Administrative Office will, however, continue to urge every possible economy in the handling of this appropriation.

Mr. RABAUT. The amount for fees of jurors is the same as it was last year, namely, $1,600,000. This is an amount that depends upon the volume of business?

Mr. CHANDLER. That is right.

Mr. RABAUT. And it is an uncontrollable amount?

Mr. CHANDLER. Yes.

Mr. RABAUT. How much did you return from this item to the Treasury last year?

Mr. BROWN. $140,788.

WORK LOAD AND OBLIGATIONS DURING CURRENT FISCAL YEAR

Mr. RABAUT. How does the work load look for the first 6 months as compared to the first 6 months of last year?

Mr. BROWN. It is running a little less than last year.
Mr. RABAUT. What are your obligations for the 6 months?

Mr. BROWN. The obligations for the 6 months are $541,533. And here, again, we have this percentage element entering into consideration.

Mr. RABAUT. How does it work out on the basis of that percentage element?

Mr. BROWN. Six months ordinarily represents 40 percent of the total year's requirements.

Mr. RABAUT. How much of a balance would that show?

Mr. BROWN. The balance would be rather considerable on that basis. It will amount to about $1,400,000; that is, the obligations would amount to $1,400,000.

Mr. RABAUT. Are there any questions?

Mr. STEFAN. On that basis, you definitely can cut this about $200,000?

Mr. CHANDLER. You certainly can make a reduction, but I should think it would be well to allow some margin for error; $1,400,000 would strike me as somewhat low, but your judgment is as good as mine. You certainly can make a substantial reduction there.

Mr. WHITEHURST. If you should reduce it and we were to go over it, we would simply have to come back and ask for a deficiency.

Mr. CHANDLER. You see, there has been a downward trend in costs for jurors' fees from something like $2,000,000 a few years ago; and one reason I am somewhat cautious in this is that we are not sure but what, after the war, there may be a reversal in that trend.

Mr. STEFAN. In 1942 and 1943 it was over $2,000,000.
Mr. CHANDLER. I knew it was not very long ago.

MISCELLANEOUS SALARIES, UNITED STATES COURTS

Mr. RABAUT. The next item is "Miscellaneous salaries, United States courts," and, without objection, we will put pages 53, 54, 55, 56, and 57 in the record setting forth the summary of the estimate. (The matter above referred to is as follows:)

RECONCILIATION OF ESTIMATE TO CURRENT APPROPRIATION

Miscellaneous salaries, United States courts

1946 appropriation in annual act.

Supplemental appropriation for 1946 (estimated cost of Public Law 106)

Total appropriations for 1946--

Additions:

01 Personal services:

Carry-over into 1947 of the difference between the
annual cost and the actual cost in 1946 of within-
grade promotions granted during 1946..
Increase in amount for "Additional compensation"
due to larger basic salaries in 1947 resulting from
within-grade promotions_-

Total estimate for 1947.

JUSTIFICATION OF LANGUAGE CHANGE

$1, 400, 000

358, 800

1, 758, 800

$14, 220

1, 480

15, 700 1, 774, 500

Miscellaneous salaries, United States courts

The proposed text for the appropriation "Miscellaneous salaries" for the fiscal year 1947 contains certain modifications of language which are necessary because of the changes provided in the compensation of employees paid from this appropriation under the Federal Employees Pay Act of 1945 (Public Law 106, approved June 30, 1945). The parenthetical phrases appearing in the first and second privisos of the text of the appropriation for the fiscal year 1946 have been deleted from the proposed text of 1947 and in substitution thereof the following language is recommended for the fiscal year 1947: "exclusive of any additional

STATEMENTS OF CASE LOAD AND DISPOSITION OF CASES IN THE UNITED STATES DISTRICT COURTS

Mr. JONES. The reason I asked that is this: I am trying to get at the case load and the work load in each district, or in each circuit district, so we will know who has a load and who does not; who is doing work and who is taking vacations. I asked that question last year, and someone in the Administrative Office ought to get it.

Mr. CHANDLER. You see, that type of statisties is set up in different form. We will endeavor to give it to you in the form you specify as nearly as our records will perimit it. I gave you the report last year, and I really thought that would handle it.

Mr. JONES. I cannot tell exactly who is working and who is not:
Mr. CHANDLER. Yes.

(The information requested is as follows:)

Cases per judgeship Showing number of civil and criminal cases commenced and terminated in all United States district courts during the

1

fiscal year 1945

THE JUDICIARY APPROPRIATION BILL, 1947

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Total.

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84 districts in the United States

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Southern

Western

Western

Fourth circuit..

Maryland.

4. 124

275

414

North Carolina:

222

343

172

394

392

196

350

175

371

Eastern

260

260

845

845

1,105

244

244

801

801

1.045

Middle..

176

176

609

609

785

149

149

597

597

746

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Kentucky
Eastern
Western.

Eastern

20

4.371

219

3,799

190

409

3.528

176

3,879

194

370

256

171

465

310

481

241

163

464

309

472

132

513

342

380

253

595

351

234

395

263

497

Michian

5

949

190

722

144

334

187

138

767

153

291

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299

115

115

414!

236

236

118

118

354

Western

1. The number of cases is perhaps the best single indication of the work of courts that there is and it is universally used in systems of judicial statistics for want of anything better. But cases vary so widely in the tune and effort required for disposition that the number aken alone is far from a reliable or sufficient criterion. It is not a sound basis for measuring the work of different courts or judges without knowledge of many other pertinent factors which it is not practicable to show in a table.

2. Where a judgeship exists which covers more than one district, as for example the Eastern and Western Districts of South Carolina, a fractional part of a judgeship is credited This frequently does not correspond with the actual apportionment of the work of the judge between the districts, but this office does not have the in column 1 to each district. data which would be requisite to indicate accurately that factor.

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