Correspondence from Rodino to Chief Judge Brown on The Division of the Fifth Circuit

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NINETY-FIFTH CONGRESS 

rere Ww. nooINO, JR. (H3.). CHAINMAM 

enenat couse 

Gonnnittee on the Judiciary 

Tancce © eawvem ace House of Representatives 

Washington, Bo. 20515 

Telephone: 202-225-3951 

ny une evans, GA. 
October 26, 1978 

Honorable John R. Brown 

Chief Judge 

Fifth Circuit Court of Appeals 

11501 U.S. Courthouse 

Houston, Texas 77002 

Dear Chief Judge Brown: 

As you are undoubtedly aware, the President has signed 

into law the omnibus judgeship legislation recently passed 

by the Congress. 

I very much appreciate the cooperation and the assistance 

that you and your colleagues on the Fifth Circuit Court of 

Appeals provided to the Judiciary Committee during the long 

months of deliberation on the bill. I wanted to take this 

chance to thank you and to raise with you another matter of 

mutual concern. 

Section 6 of the legislation provides: 

Any court of appeals having more than 15 active 

judges may constitute itself into administrative units 

complete with such facilities and staff as may be pre- 

scribed by the Administrative Office of the United 

States Courts, and may perform its en banc function 

by such number of members of its en banc courts as 

may be prescribed by rule of the court of appeals. 

STArr pinccTom: 

Congress uf the United States pee 
2, CLINE 

As you know, that section was agreed upon by the Conference 

Committee in lieu of the division of the Fifth Circuit that had 

been proposed by the Senate bill. It is important, I think, 

that the Congress and the Fifth Circuit remain in close commun 
i= 

cation regarding the implementation of this new statutory language. 

It is the intent of the new provision to allow the large 

circuits the administrative flexibility they will need to function 

in the years ahead. And it is specifically aimed at authorizing 

a less cumbersome exercise of the en banc function. I think the 

concept of administrative units can be an innovative response 

a growing problem, and I believe the high quality of federal 

to 

justice can be maintained within the framework of smaller en banc 



courts. But I hope the circuits will not misread the authority 
granted by the new legislation. It is important not to construe 
the language of section 6 as an invitation to the creation of 
autonomous divisions, or as the authorization for a de facto 
division of the Fifth Circuit. It is neither of those things. 

The establishment of autonomous divisions, or perhaps 
even the ultimate re-alignment of the circuit lines, are in 
fact, potential solutions which the Congress may see fit to 
legislate in the future. But if so, they will be as part of 
legislation resulting from a comprehensive inquiry into the 
problems facing all of the circuits, and they will be contained 
as part of a uniform package. 

At the same time, however, I don't wish to minimize the 
importance of what has already been done. The Congress has 
high hopes for the utility of the language of section 6 and 
we look forward to the response of the large circuits. Please 
feel free to call upon the Judiciary Committee for whatever 
assistance you may feel it can render. 

While it is not likely the Committee will be fully 
organized at the start of the next Congress until late 
winter or early spring, I expect that at some point in 1979 
we will convene a hearing or other meeting at which we can 
discuss the progress being made. 

With all best wishes. 

Eh) 

Peter W. Rodino, Nr. 
Chairman 

PWR:dced