Spaniol, Joseph F., Jr., Assistant Director, Administrative Office of the Page 269 Prepared statement_. 269 Prepared statement__ Wright, Charles Alan, professor of law, University of Texas. 218 ADDITIONAL MATERIAL Constitutionality of trial of minor offenses by U.S. magistrates_ Sheran, Robert J., chief justice of Minnesota, letter dated October 4, 268 Tydings, Joseph D., remarks on the floor of the Senate, June 7, 1966-- Wright, Charles Alan, professor of law, University of Texas, letter dated Diversity of Citizenship Jurisdiction APPENDIX I-ADDITIONAL STATEMENTS Rowe, Thomas D., Jr., professor, Duke University School of Law- Keller, R. F., Deputy Comptroller General of the United States_ APPENDIX III-STATISTICS AND STUDIES Table 2: United States District Courts, Diversity Cases Filed Showing Residence of Plaintiff-Exclusive of Cases Removed From State Courts Table 3: United States District Courts, Diversity Cases Filed Showing Nature of Suit and Residence of Plaintiff (July 1, 1976-June 30, 1977)_- Table 4: United States District Courts, Diversity Cases Filed Showing Nature of Suit and Residence of Plaintiff-Excluding Cases Removed From State Courts (July 1, 1976-June 30, 1977)_ Table 5: United States District Courts, Diversity Cases Filed Showing Nature of Suit and Residence of Parties (July 1, 1976-June 30, 1977)__ Table 6: United States District Courts, Diversity Cases Filed Showing Nature of Suit and Residence of Parties. Excluding Cases Removed From State Courts (July 1, 1976-June 30, 1977) Table 7: United States District Courts, Diversity Cases Filed Showing Nature of Suit and Amount Demanded (July 1, 1976-June 30, 1977)_- Table 8: United States District Courts, Diversity Cases Filed Showing APPENDIX IV-LETTERS Letter from Hon. Griffin B. Bell to Hon. Robert W. Kastenmeier (Oct. 21, Letter from Joseph F. Spaniol, Jr. to Hon. Robert W. Kastenmeier Page 377 377 Letter from Kenneth L. Karst to Hon. Robert W. Kastenmeier (Dec. 7, 381 Letter from Morell E. Sharp to Hon. Robert W. Kastenmeier (Dec. 21, 382 Spaniol, Joseph F., Jr., The Federal Magistrates Act: History and De- 454 U.S. Magistrate Positions Authorized by the Judical Conference.. Workload of U.S. Magistrates (from 1977 Annual Report of the Director U.S. District Courts, Classification of Prosecutions Above the Level of Minor Offense During the 12-month Period Ending June 30, 1977--- Letter from Donald P. Manthey to Hon. Robert W. Kastenmeier (Sept. 7, 503 Letter from Paul J. Komives to Hon. Peter W. Rodino (Sept. 26, 1977) - Letter from William L. Dousman to Hon. Robert W. Kastenmeier (Oct. 19, 509 DIVERSITY OF CITIZENSHIP JURISDICTION/ MAGISTRATES REFORM WEDNESDAY, SEPTEMBER 21, 1977 U.S. HOUSE OF REPRESENTATIVES, AND THE ADMINISTRATION OF JUSTICE The subcommittee met, pursuant to notice, at 10:10 a.m. in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier (chairman of the subcommittee) presiding. Present: Representatives Kastenmeier, Danielson, Drinan, Ertel, Santini, Railsback, and Butler. Also present: Michael J. Remington, counsel; and Thomas E. Mooney, associate counsel. Mr. KASTENMEIER. The Subcommittee on Courts, Civil Liberties, and the Administration of Justice is meeting this morning to consider specific legislative proposals relating to diversity of citizenship jurisdiction and magistrates reform. However, before proceeding further I will observe that there is a recorded vote on the floor and rather than proceed any further, we will recess for about 10 minutes and make that vote and return and reconvene, accordingly. The committee stands in recess. [A brief recess.] Mr. KASTENMEIER. The committee will come to order. As I was saying 10 minutes ago, the committee is convening this morning to consider legislative proposals relating to diversity of citizenship jurisdiction and magistrates reform. These hearings are an outgrowth of our general hearings held during June and July on the state of the judiciary and access to justice. Indeed, we believe that this hearing today is more or less a continuation of those hearings. [See hearings before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice on "The State of the Judiciary and Access to Justice," Ser. No. 19, 95th Cong., 1st Sess.] The issues to be discussed are extremely important for the functioning of the Federal courts and for the people who use those courts. First, we have four pending proposals to either curtail or abolish diversity of citizenship jurisdiction. One, we have H.R. 761, which proposes to totally abolish diversity jurisdiction. Two, we also have H.R. 5546, introduced by five members of the House Judiciary Committee, including three members of the subcom mittee: Messrs. Wiggins, Drinan, McClory, Railsback, and Butler. This bill is the result of a 10-year study conducted by the American Law Institute at the suggestion of then Chief Justice Earl Warren. Also pending is H.R. 7493 introduced by Chairman Rodino. This bill was formulated by the Judicial Conference of the United States and would prevent in-State plaintiffs from suing in the Federal court of their home State. Likewise, H.R. 9123, introduced by myself, which was formulated by the Department of Justice, would also curtail diversity jurisdiction by preventing in-State plaintiffs from suing in their State's Federal court. I am happy that these proposals span the entire spectrum of what should be done about diversity jurisdiction. They frame the issue. Second, there are four proposals to expand the civil and criminal jurisdiction of magistrates pending before us. We have H.R. 7493, introduced by Chairman Rodino, which is the Department of Justice's program to improve the administration of justice in the Federal courts. In addition, we have S. 1613, the magistrates bill passed by the Senate. Also pending are two bills proposed by the Judicial Conference and introduced by Chairman Rodino by request. Before we begin testimony, I would ask that the eight bills and their respective letters of transmittal be included in the hearing record. [The bills referred to follow :] |