JUSTICE ACT

UNITED STATES.

HEARINGS

BEFORE THE

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,

AND THE ADMINISTRATION OF JUSTICE

OF THE

COMMITTEE ON THE JUDICIARY

HOUSE OF REPRESENTATIVES

ONE HUNDREDTH CONGRESS

FIRST AND SECOND SESSIONS

ON

H.R. 3152

COURT REFORM AND ACCESS TO JUSTICE ACT

SEPTEMBER 23, OCTOBER 14, 1987, AND FEBRUARY 24, 1988

Part 1

Serial No. 95

Printed for the use of the Committee on the Judiciary

1989

COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman

M. ELAINE MIELKE, General Counsel

ARTHUR P. ENDRES, Jr., Staff Director

ALAN F. COFFEY, Jr., Associate Counsel

SUBCOMMITTEE ON Courts, CIVIL LIBERTIES, AND THE Administration of Justice

The Honorable Elmo B. Hunter, Committee on Court Administration, Judicial

Conference of the United States

Prepared statement with attachments..

Robert MacCrate, Esq., President, American Bar Association

Prepared statement with attachments......

Page

1

203

311

3

13

142

146

OCTOBER 14, 1987

Stephen J. Markman, Assistant Attorney General, Office of Legal Policy, U.S.

Department of Justice......

204

Prepared statement with attachment.

209

L. Richardson Preyer, President, Private Adjudication Center, School of Law,

Duke University; former Member of Congress..

276

Prepared statement

281

Thomas D. Rowe, Professor, School of Law, Duke University

276

Prepared statement

291

FEBRUARY 24, 1988

The Honorable Abner J. Mikva, Judge, U.S. Court of Appeals, D.C. Circuit.......

Prepared statement

312

315

The Honorable Patrick Higginbotham, Judge, U.S. Court of Appeals, Fifth

Circuit....

312

Prepared statement

324

Laura Macklin, Associate Professor and Associate Director, Institute for

Public Representation, Georgetown University Law Center.....

339

Prepared statement

344

ADDITIONAL MATERIALS

Additional materials relating to costs, received from the Administrative

Office of the U.S. Courts..

Letter from Robert E. Feidler, Legislative and Public Affairs Officer, Admin-
istrative Office of the U.S. Courts, to Michael J. Remington, Chief Counsel,
Subcommittee on Courts, Civil Liberties and the Adminsitration of Justice
(November 25, 1987), with attachments........

American Bar Association, Appellate Judges Conference, Report to the House
of Delegates (February 1987)

111

American Bar Association, Summary of Action, Position on Diversity Jurisdic-
tion Legislation (June 1978), with attachment..

Carrington, Toward a Federal Civil Interlocutory Appeals Act, 47 Law and
Comtemporary Problems 165 (1984)..