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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Judges (5)
Box: 30
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
83
Box 30 - JGR/Judges (5) - Roberts, John G.: Files SERIES
I: Subject File
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name Roberts, John
Withdrawer
LOJ
8/9/2005
File Folder
JGR/JUDGES (5 OF 9)
FOIA
F05-139/01
Box Number
COOK
42LOJ
Doc
Doc Type
Document Description
No of
Doc Date Restrictions
No
Pages
1
MEMO
RICHARD HAUSER TO MEESE ET AL.,
3 1/31/1985 B6
1131
RE NOMINATION OF ANDREW L. FREY
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
FFF has see
THE WHITE HOUSE
WASHINGTON
September 13, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Judge Chambers' Chambers
On August 17, Judge Chambers of the Ninth Circuit, a senior
judge who serves on the court's planning committee, wrote
Assistant Attorney General Olson concerning a dispute
between GSA and the court. The Southern California facility
of the Ninth Circuit will soon be moved from Los Angeles to
a new building in Pasadena. The building site is apparently
on something of a slope. According to Chambers, GSA is
reneging on a commitment to provide parking at the top of
the hill. Instead, GSA plans to provide parking at the
bottom, and sell the more valuable area at the top.
Chambers asks Olson's opinion on whether Executive Order
12348 (February 25, 1982) - apparently cited to the judge by
GSA - can override GSA's earlier commitments. Executive
Order 12348 set up the Property Review Board (PRB). Oddly,
Chambers suggests a possible lawsuit by the judges under
Nixon V. GSA, 433 U.S. 425 (1977) which has nothing to do
with this dispute except for the fact that GSA was involved.
Olson has written you, suggesting that the matter should be
quickly and amicably resolved - without formal opinions - to
avoid alienating an important court.
I raised the matter with Bruce Selfon of the PRB, who
discussed the dispute with GSA. GSA's side of the story is
that all judges and court employees will in fact have
parking at the top. Only visitors will be forced to park
down below - a short walk from the entrance. GSA does plan
to sell a parcel on the high ground that would otherwise
have been used for parking, generating $10 million of
revenue. Both the City and the County favor the GSA plan,
for traffic and environmental reasons. GSA officials admit
they changed their minds from the original plan for the
site, but they do not feel estopped on the basis of
representations to the judges. Written material on the
dispute from GSA is on its way from California.
I agree with Olson that it is not in our overall interest to
step on the judges' toes if we can avoid it. On the other
hand, if GSA's representations to Selfon are accurate, Judge
Chambers is clearly being unreasonable. We should await the
written material from GSA before taking any action, but I
wanted to advise you of this matter should Olson or anyone
else raise it with you.
4
1983
SEP
1
Administration of Ronald Reagan, 1982 / Feb. 25
bers. We should expect to see some months
direct cash payment, as well as exchange
when inflation will be higher than in Janu-
with excess stockpile material no longer
ary. But the important message is that over
the long haul, inflation is coming down, and
needed because of the changing require-
that is very good news, indeed.
ments of technology. The procurement will
For a family of four at the poverty line
be accomplished under current budget allo-
cations.
(on a fixed income of $8,500 during 1981),
the drop in the inflation rate during 1981
This program, developed during the first
over 1980 meant a cash savings of some
year of the Reagan administration, is direct-
$255. For the average household with an
ly supportive of United States policy toward
average income (on a fixed income of
the Caribbean Basin announced by the
$24,332 during 1981), the gains in the
President yesterday. The program also dem-
battle against inflation during 1981 meant
onstrates that trade programs between the
an increase in spending power of some
United States and Caribbean countries are
$730.
mutually beneficial as will be the aid, trade,
and investment aspects of the Caribbean
Basin Initiative.
Note: Assistant to the President for Commu-
nications, David R. Gergen, read the state-
ment to reporters at his news briefing in
the Briefing Room at the White House.
Federal Real Property
Executive Order 12348. February 25, 1982
United States-Jamaica Barter Agreement
By virtue of the authority vested in me as
Announcement of the Agreement.
President by the Constitution and statutes
February 25, 1982
of the United States of America, including
Section 205(a) of the Federal Property and
Today the United States completed its ar-
Administrative Services Act of 1949 (40
rangement on November 24, 1981, to pro-
U.S.C. 486(a)), in order to improve manage-
cure 1.6 million tons of Jamaica bauxite for
ment of Federal real property, it is hereby
the United States strategic stockpile. The
ordered as follows:
agreement, which was signed today by rep-
Section 1. (a) There is hereby established
resentatives of the United States and Jamai-
a Property Review Board.
can Government in Jamaica, will benefit
(b) The members of the Board shall be
both countries as it stimulates the growth of
the Counsellor to the President; Director,
Jamaica's private sector. The United States
Office of Management and Budget; Chair-
will receive needed bauxite for our strategic
man, Council of Economic Advisers; Assist-
stockpile. Bauxite is the raw material used
ant to the President for Policy Develop-
to produce aluminum, a major element in
ment; Chief of Staff and Assistant to the
almost all modern military weapons, such as
President; Assistant to the President for Na-
the F-15 fighter aircraft and the B-1
tional Security Affairs; and such other offi-
bomber.
cers or employees of the Executive branch
Jamaica in return for its bauxite will re-
as the President may from time to time
ceive approximately $39 million in needed
designate. One of the members of the
foreign exchange plus about 7,000 metric
Board shall be designated by the President
tons of nonfat dry milk and 1,900 metric
as Chairman.
tons of anhydrous milk fat valued at $13
(c) Staff, including an Executive Director,
million. These dairy products are part of
and other administrative support shall be
the agriculture barter aspects of this bauxite
provided from resources available to the
procurement, and they represent the first
President.
use of agriculture barter to acquire strategic
Sec. 2. The Board shall perform such
raw material in almost 15 years. The other
functions as may be directed by the Presi-
portions of bauxite will be procured by
dent, including the following:
227
Feb. 25 / Administration of Ronald Reagan, 1982
(a) develop and review Federal real prop-
erty acquisition, utilization, and disposal
established by the Board in subsection 2(f)
policies with respect to their relationship to
of this Order.
other Federal policies;
Sec. 4. The Administrator of General
(b) advise the Administrator of General
Services with respect to such standards and
Services in consultation with the Board shall
procedures for executive agencies that are
issue standards and procedures, conduct
necessary to ensure that real property hold-
surveys, and cause surveys to be conducted,
ings no longer essential to their activities
to ensure that the real property holdings of
and responsibilities are promptly identified
Executive agencies shall continually be
and released for appropriate disposition;
evaluated with special emphasis on the
(c) review and examine prior disposals of
identification of properties that are not uti-
surplus property for public benefit discount
lized, are underutilized, or are not being
conveyances to ensure that the property is
put to optimum use. The Administrator
being used and maintained for the purpose
shall consult with the Board and appropri-
for which it was conveyed;
ate Executive agencies in order to (a) iden-
(d) receive the surveys and reports made
tify real property that is excess or surplus to
by or to the Administrator of General Serv-
the needs of the Executive agencies, and (b)
ices pursuant to Sections 3 and 4 of this
make such real property available for its
Order as well as other reports on Federal
most beneficial use under the various
real property that are requested by the
laws of the United States affecting such
Board, with particular attention to resolu-
property."
tion of conflicting claims on, and alternate
uses for, any property described in those
Sec. 5. The Administrator of General
reports, consistent with laws governing
Services shall report to the Board with re-
Federal real property;
spect to any property or portion thereof
(e) provide guidance to the Administrator
which has not been reported excess to the
of General Services in accord with Section 6
requirements of the holding agency and
of this Order;
which, in the judgment of the Administra-
(f) establish for each Executive agency an-
tor, is not utilized, is underutilized, or is not
nually the target amount of its real proper-
being put to optimum use, and which he
ty holdings to be identified as excess; and
recommends should be reported as excess
(g) submit such recommendations and re-
property.
ate. ports to the President as may be appropri-
Sec. 6. Before the Administrator of Gen-
Sec. 3. (a) All Executive agencies shall pe-
eral Services assigns or conveys property for
riodically review their real property hold-
public benefit discount conveyances, he
ings and conduct surveys of such property
shall first consult with the Board and con-
in accordance with standards and proce-
sider such guidance as it may provide.
dures determined by the Administrator of
General Services pursuant to Section 206 of
Sec. 7. The Administrator of General
the Federal Property and Administrative
Services shall, to the extent permitted by
Services Act of 1949, as amended (40 U.S.C.
law, provide necessary advice and assistance
487), and this Order.
to the Board to accomplish the objectives of
this Order.
(b) The head of each Executive agency,
within 60 .days of the date of this Order,
Sec. 8. Executive Order No. 11954, as
shall report to the Administrator of General
amended, is revoked.
Services and the Board the agency's real
property holdings which, in his judgment,
Ronald Reagan
are not utilized, are underutilized, or are
not being put to optimum use.
The White House,
(c) The head of each Executive agency
shall identify, and report to the Board, all
February 25, 1982.
those properties which can be considered
for disposition in response to the targets
[Filed with the Office of the Federal Regis-
ter, 4:58 p.m., February 25, 1982]
228
ID # 166174
CU
WHITE HOUSE
FG052
CORRESPONDENCE TRACKING WORKSHEET
O HTGOING
JGR
H INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Theodore B. Olson
MI Mail Report
User Codes: (A)
(B)
(C)
Richard
Subject: Letter to DISON from Judge Chambers
re: projected move for the Ninth circuit
and problems WHL pasking site
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
WHOII
DD
ORIGINATOR
83,08,30
/
/
Referral Note:
WATI 8
200
83,08,30
59302109
Referral Note:
that
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I - Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
U.S. Department of Justice
JUSTITLE
Office of Legal Counsel
Office of the
Assistant Attorney General
Washington, D.C. 20530
AUG 25 1983
166174 cu
'MEMORANDUM TO FRED F. FIELDING
COUNSEL TO THE PRESIDENT
letter to me dated August 17, 1983 from Judge Chambers
I am enclosing herewith a copy of a self-explanatory
with the Ninth Circuit Court of Appeals. It seems to me
that this is something that we ought to be able to solve
without the necessity of legal opinions and that it would
probably be in the best interest of the Administration to
solve it quickly and amicably with the Court. Give me a
call after you have had a chance to look this over.
Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
Enclosure
United States Court of Appeals
Office of
Richard H. Chambers
RECEIVED
For the Ninth Circuit
Home Address
United States Court of Appeals and Post Office Unilding
Tucson, Arizona
Circuit Judge
Aug
19
12
12
PH
Schenth and Mission Streets
San Trancisco, California 94101
OFFICE OF LEGAL COUNSEL
August 17, 1983
The Honorable Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
Main Justice Building
10th and Constitution Avenue, N.W.
Washington, D. C. 20530
Dear Mr. Olson:
We have some problems on our projected move
of the Southern California facilities of our court
from 312 North Spring Street, Los Angeles to 125 South
Grand Avenue, Pasadena. (We will continue to hear an
occasional case downtown, but the bulk of" Southern
California cases will be out at Pasadena.)
We are at odds with Region IX, GSA, over
parking. Our project was launched in 1978. As we
moved into late 1979, it became apparent that GSA had
plans to sell or otherwise dispose of the north three-
fourths of the site. As we saw it, it would interfere
with our plans for parking on-site at ground level of
Grand Avenue.
It would take several pages to detail how they
agreed to give us the parking at building level rather
than at the base of the hill on Arroyo Boulevard. We
held up approval of the building plans for six months.
Finally they agreed to do it our way. About 300 park-
ing spaces are at issue. GSA concedes they agreed in
writing. The ground "upstairs" has accelerated greatly
in value. They say they have to break their agreement
because of Executive Order No. 12,348 of February 25,
1982, 47 FR 8547, which they say commands them to sell
and sell. To hear them tell it, you would think Presi-
dent Reagan was calling them every morning.
The Honorable Theodore B. Olson
Page two
August 17, 1983
If you can take our word that they included
our version of parking in their E.P.A. statement, and
elsewhere, we ask your opinion on whether the Executive
Order of February 25, 1982 supersedes their agreement
and permits them to sell the disputed area in face of
their prior agreement.
In short, our position is that GSA should sell
our parking land (mostly needed a few years hence when
the building will be fully occupied by others on the
upper floors) on the same day the government sells part
of the White House lawn.
Some of us have the idea that we would have
433 U.S. 425.
standing to sue under Nixon V. General Services,
It is true Mr. Nixon did not get much relief,
but it was held he had standing.
You may feel we should detail more facts. If
so, we will gladly comply. Would you care to telephone
me at 415 556 2160 San Francisco?
Sincerely,
Richard H.Chumbus
For the Court's Planning
Committee
CC: Chief Judge Browning
U.S. Department of Justice
CC: Olson
Sudol
Office of Legal Counsel
Files
Ret.
Office of the
Assistant Attorney General
Washington, D.C. 20530
AUG 25 1983
The Honorable Richard H. Chambers
United States Court of Appeals
for the Ninth Circuit
United States Court of Appeals and
Post Office Building
Seventh and Mission Streets
San Francisco, California 94104
Dear Judge Chambers:
August this 17, 1983. After I have had a chance to look into
This is to acknowledge receipt of your letter of
you. matter a little more closely, I will get in touch with
Very truly yours,
Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
CC: Chief Judge Browning
bcc: Fred Fielding
Counsel to the President
Larry Simms
Deputy Assistant Attorney General
Office of Legal Counsel
Fredericka Paff
ID #
174669
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
F6052
0 OUTGOING
H INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
-JParmts wt Tab
Name of Correspondent:
Theodore B. Olson
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
Ninth Circuit Dispute with GSA
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Action
Completion
Date
Office/Agency
(Staff Name)
of
Code
Date
YY/MM/DD
Response
Code
YY/MM/DD
CUHOLL
ORIGINATOR DD 83/10/04
/
/
WAT 18
Referral Note: Set mig up through Karen
A/D 83,10 04
5 83,10,14
CUKWIATT
Referral Note:
IDD 83,10,04
C 83,10,04
Referral Note:
/
/
-
/
/
Referral Note:
/
/
-
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
C Comment/Recommendation
A Answered
R - Direct Reply w/Copy
C Completed
D Draft Response
B . Non-Special Referral
S For Signature
S Suspended
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
PROMENT OF
U.S. Department of Justice
Office of Legal Counsel
174669 cu
Office of the
Assistant Attorney General
Washington, D.C. 20530
OCT 3 1983
MEMORANDUM TO FRED F. FIELDING
COUNSEL TO THE PRESIDENT
RE: Ninth Circuit Dispute With GSA
I am enclosing herewith another letter from Judge Chambers
regarding the above dispute. I think that we ought to get
together as soon as possible to see what, if anything, can be
done to resolve this matter.
Del Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
Enclosure
CC: Edward C. Schmults
Deputy Attorney General
United States Court of Appeals
Office of
For the Ninth Circuit
Richard HC Chambers
RECEIVED
Home Address
Hnited States Court of Appeals and Post Office Building
Turson, Arizona
Circuit Judge
Seventh and Mission Streets
JEP
26
2
57
PM
'83
San Francisco, California 94101
OFFICE IF LEGAL COUNSEL
September 22, 1983
The Honorable Theodore B, Olson
Assistant Attorney General
Office of Legal Counsel
Main Justice Building
10th and Constitution Avenue, N,W.
Washington, D, C. 20530
Dear Mr. Olson:
Enclosed is my letter of August 17, 1983
about the reconstructed building for our court, to-
gether with parking at Pasadena, California. Also
enclosed is a copy of your acknowledgment of receipt
of the letter.
Recently there has been a factual develop-
ment. GSA appears now to be in the process of giving
the property 300 parking spaces, which the City of
Pasadena would require if the building were private,
(Most of the parking will be used by other agencies.)
But it puts 113 parking spaces (of the 300)
with GSA. It is now barreling ahead repudiating our
at the bottom of the hill, contrary to our threshold treaty
and sell.
agreement, saying the President has ordered "it" to sell
the White House or the President himself.
Perhaps we should write the Legal Counsel at
neighbors who think the White House lawn should be
To date, we have been able to discourage
part of the same package and want to write the President
to that effect.
Sincerely,
For the Committee
CC: Chief Judge Browning
U.S. Department of Justice
-
Office of Legal Counsel
Office of the
Assistant Attorney General
Washington. D.C. 20530
AUG 25 1983
The Honorable Richard H. Chambers
United States Court of Appeals
for the Ninth Circuit
United States Court of Appeals and
Post Office Building
Seventh and Mission Streets
San Francisco, California 94104
Dear Judge Chambers:
August this 17, 1983. After I have had a chance to look
This is to acknowledge receipt of your letter of
you. matter a little more closely, I will get in touch into with
Very truly yours,
Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
CC: Chief Judge Browning
United States Currt of Appeals
Office of
Richard 3L Chambers
For the Ninth Circuit
Home Address
Circuit Judge
United States Court of Appeals and [Jost OFice Building
Tucson, Arizona
Seventh and filission Streets
San Francisco, California 94101
August 17, 1983
The Honorable Theodore B. Olson
Assistant Attorney General
Office of Legal Counsel
Main Justice Building
10th and Constitution Avenue, N.W.
Washington, D. C. 20530
Dear Mr. Olson:
of the Southern California facilities of our
We have some problems on our projected move
Grand Avenue, Pasadena: (We will continue to hear an
from 312 North Spring Street, Los Angeles to 125 court South
occasional case downtown, but the bulk of Southern
California cases will be out at Pasadena.)
parking. Our project was launched in 1978. As
We are at odds with Region IX, GSA, over
moved into late 1979, it became apparent that GSA we had
plans to sell or otherwise dispose of the north three-
with fourths of the site. As we saw it, it would interfere
Grand Avenue.
our plans for parking on-site at ground level of
agreed to give us the parking at building level rather
It would take several pages to detail how they
held up approval of the building plans for six months.
than at the base of the hill on Arroyo Boulevard. We
Finally they agreed to do it our way. About 300 park-
ing spaces are at issue. GSA concedes they agreed in
writing. in The ground "upstairs" has accelerated greatly
because of Executive Order No. 12,348 of February 25,
value. They say they have to break their agreement
1982, 47 FR 8547, which they say commands them to sell
dent and sell. To hear them tell it, you would think Presi-
Reagan was calling them every morning.
The Honorable Theodore B. Olson
August 17, 1983
Page two
If you can take our word that they included
our version of parking in their E.P.A. statement, and
elsewhere, we ask your opinion on whether the Executive
Order of February 25, 1982 supersedes their agreement
and permits them to sell the disputed area in face of
their prior agreement.
In short, our position is that GSA should sell
our parking land (mostly needed a few years hence when
the building will be fully occupied by others on the
upper floors) on the same day the government sells part
of the White House lawn.
Some of us have the idea that we would have
standing to sue under Nixon V. General Services,
433 U.S. 425.
It is true Mr. Nixon did not get much relief,
but it was held he had standing.
You may feel we should detail more facts. If
so, we will gladly comply. Would you care to telephone
me at 415 556 2160 San. Francisco?
Sincerely,
Richard H.Chumburg
For the Court's Planning
Committee
CC: Chief Judge Browning
Fact Sheet
Property:
Portion, Pasadena Federal Support Center
125 S. Grand Avenue
Pasadena, California
9-G-CA-407-B
Description:
Approximately 6.5 acres of land improved with
13 buildings. The entire site is on the
National Register of Historic Places.
Improvements include the Maxwell Mansion, a
number of other bungalows, an outdoor swimming
pool, and bathhouse.
Reported Excess:
June 7, 1983
Determined Surplus:
June 10, 1983
Acquisition Cost/Date:
$208,818/1944
Interests:
The city of Pasadena
Status:
The subject property is adjacent to the old
Vista del Arroyo Hotel which will serve as
the U.S. Court of Appeals and Post Office Building.
Based on needs of the retained property, historic considerations, and
environmental considerations, GSA determined that the 6.5 acres should not be
retained for purposes of demolishing the bungalows to provide parking as
originally proposed by Judge Richard H. Chambers, Circuit Judge, U.S. Court of
Appeals for the Ninth Circuit. The parking will be located at the bottom of
the hill with easements for utilities and a walking easement to the Government
building. GSA has contracted with an architectural and engineering firm to
develop a site plan for the lower parking area and a metes and bounds
description for the excessed area, all to be completed in November 1983.
Federal screening was waived and the property determined surplus on July 21,
1983. The city of Pasadena expressed interest in acquiring the property as an
historic monument, but if that were unsuccessful, by negotiated sale.
Historic monument application forms were sent to the city. The city
subsequently advised that based on the revenue producing criteria of the
application, its plan to acquire the property as an historic monument and
outlease it to a developer for 15 years would not work. The city stated it
would apply for the Maxwell House and requested GSA enter into a joint venture
with the city for use of the excess property and the adjacent National Guard
property which was being acquired by exchange. In a meeting in Representative
Roybal's office, GSA advised the city that GSA could not enter into the
proposed joint venture and recommended the city zone the property for Planned
Use Development. The city was receptive to this proposal.
2
Presently, of this Judge Chambers is opposed to the Government excessing
property. (Parking for the judges is provided at the top any of portion the hill
Pasadena problems, and authority for city/National Guard exchange. The of
across the street.) He is now questioning historic protection, traffic
at the and the Pasadena Heritage Society are opposed to additional city
integrity of the property.
top of the hill as they feel it would be detrimental to the historic parking
FPRS:DR:EARL E. JONES : 535-7084 :HOME: 301-730-0655: 10-5-83
The Washington POST
AROUND THE REGION
Reagan Adds
7 Judgeships
To D.C. Court
President Reagan signed legisla-
tion yesterday creating seven new
D.C. Superior Court judgeships and
raising the mandatory retirement
age for judges from 70 to 74.
"The growing backlog of criminal
and civil litigation in the Superior
Court is
a matter of both local
and federal concern, and this legis-
lation will help alleviate the back-
log," the president said in a written
statement.
He added, however, that "while
this legislation will ease the caseload
problem in the Superior Court, it
does not provide a cure for that
problem or the similar problems
plaguing most of our nation's courts."
"The staggering increase in litiga-
tion has strained the capacity of our
courts and threatened their ability to
settle disputes," he asserted.
The city's judicial nominating
commission now has 90 days to sub-
mit names of candidates to the pres-
ident for consideration.
DOJ-1983-04
THE WHITE HOUSE
WASHINGTON
May 22, 1984
MEMORANDUM FOR COUNSEL'S OFFICE ATTORNEYS
FROM:
RICHARD A. HAUSER RAS
SUBJECT:
D. C. Superior Court
Attached is the D. C. Judicial Nomination Commission's
list of candidates for the seven new judgeships on the
D. C. Superior Court. I would appreciate any comments
on the Superior Court.
you may have concerning their qualifications to serve
DISTRICT OF COLUMBIA
JUDICIAL NOMINATION COMMISSION
Washington, D.C.
May 18, 1984
The President of the United States
The White House
Washington, D.C. 20500
Dear Mr. President:
On behalf of the District of Columbia Judicial
Nomination Commission, I am pleased to submit, pursuant
to the provisions of D.C. Code Ann. §11 App-434 (d) (1)
(1981 ed.), the following 21 persons for possible
nomination and appointment to the Superior Court of the
District of Columbia to fill the seven new vacancies
that were recently authorized by the Congress of the
United States:
New Position Number 1
Beck, Ronna Lee
Carter, Francis
Davis, William L.
New Position Number 2
Dixon, Herbert
Gilfoyle, Nathalie P.
Holmes, Susan R.
New Position Number 3
King, Rufus G. III
Kollar-Kotelly, Colleen
Kramer, Noel A.
New Position Number 4
Marlin, David Harold
Mize, Gregory E.
Nesbitt, Leroy
The President of the United States
Page Two
May 18, 1984
New Position Number 5
Queen, Evelyn
Reischel, Charles L.
Richter, Robert I.
New Position Number 6
Robinson, William L.
Scheuermann, John
Suda, John H.
New Position Number 7
Sullivan, Emmet
Tignor, Robert S.
Watson, Matthew S.
Respectfully submitted,
Wiley Airy 6.Duct Branton
Chairman
Commission Members:
Harold H. Greene
John W. Hechinger, Sr.
Philip A. Lacovara
William Lucy
Stephen J. Pollak
Linda R. Singer
Reply Address:
1722 Eye Street, N.W.
Washington, D.C. 20006
(202) 429-4076
THE WHITE HOUSE
washington
October 15, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTSOR
SUBJECT:
Judicial Salaries
of raising the the issue of judicial compensation along the
You asked that I draft a memorandum for your signature,
attached attached draft American Bar Association lines The
strategy group, responds to your request.
draft, tentatively addressed to the legislative report.
Attachment
THE WHITE HOUSE
WAE- NOTOR
October 22, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
Orig. signed by TIT
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Judicial Salaries and Report
of the Quadrennial Commission
Legislative, In 1967, Congress established the Commission Executive,
2 U.S.C. and Judicial Salaries ("the on
Senate, two by the President, two by the President three
appointed § 351. The Commission, composed Commission"). of members
years on the prepares a report to the President by the
Chief Justice, by the Speaker of the House, and two of the
members of high-level executive branch for
of Congress, appropriate levels of compensation every members four
January 1, the 1985. Federal judiciary. The next officials, report is and due by
offices. 2 U.S.C. the report, rates of pay budget for the submission
after The President receipt must of recommend, in his next
politics, increase pay establishment for high-level in and, judicial of at the least officials §§ salaries Commission 356-358. in part, from by was The linking to the bring to theory vicissitudes remove them about underlying to the a needed setting subject of
of
congressional and executive salaries.
Recommendations In the past the of Commission failed to achieve its
the President and the Commission are routinely objective.
present difficulties salaries continue to be consequence
that judicial Congress. One unfortunate rejected by is
bench. The men and women of high quality more for the
retaining in attracting and, so inadequate significantly, as to
judiciary than problem for is significantly more pressing Federal for the
period talented should for the be simple men -- and a reason life-long women the that to executive commitment. make a career financial or on legislative One the can bench expect branches, is for -- or
lucrative since they can always return branch to or
legislature, of years tc serve in the executive sacrifices
a
The same should private sector tc pursue their chosen the more
appointees to not be true for judges. WE calling.
professional the bench to serve the remainder expect our
lives. The current disparity between of their salaries
- 2 -
paid sector to is judges and what judges could command in the
well it should. straining that principle in most instances private -- as
only recommend to the Commission that it
and The will American Bar Association has been studying the problem,
Federal significant salary increases at all three propose levels not of the
would year of additional service (up to some limit). salaries This
each providing for an annual increment to judicial for
judiciary but also that it propose legislation
bench, provide some incentive for judges to
SO. This or at is least mitigate the financial burden stay on of the
of the an important consideration from the doing
of the probably will have appointed about second 50 term
the President Administration, since by the end of his perspective
decisions in the legal area is to be reflected in of
President sitting Federal judges. If the philosophy percent this
appointees for the next generation, it is critical that court those
remain on the bench.
January As noted, 1 we will soon appoint a new Commission and
I recommend receive the quadrennial report of the Commission. by
substantial response to the Report, which will doubtless comprehensive call
that we begin considering a
other increases in judicial compensation and for
attention. problem is serious enough to merit our judicial prompt
compensation legislative reform as well. In my view the perhaps
increased If action is not taken, we will
for judicial difficulty in attracting highly-qualified encounter
and who will office who will reflect the President's candidates philosophy
professional lives.
remain on the bench for the remainder of their
election Strategy Group meeting shortly convening after the
Legislative To that end, I would suggest you consider a
to consider this subject.
FFF: JGR:aea 10/22/84
CC: FFielding/JGRoberts/Subj/Chror
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5/81
DRAFT (LNC)
September 10, 1984
ABA Commission on Federal Judicial Compensation
Outline of Draft Report
1. The Commission takes as its starting point
the excellent report filed by the President's Quadrennial
Commission on Executive, Legislative and Judicial Salaries
on December 15, 1980. The 1980 Commission recommended
increases in judicial salaries ranging from 47.1 to 603 over
then existing salaries. However, these recommended increases
were only between 15.8 and 21.3% above what judicial salaries
should have been in 1980 had the cost of living adjustment
provisions of Public Law 94-82 been followed.
2. The 1980 Quad; ennial Commission made an un-
answerable case for the need to raise judicial salaries.
The ABA Commission strongly endorses that case and sees
no need to repeat the arguments here.
3. The ABA Commission recommends that the 1980
Quadrennial Commission's recommended judicial salaries be
taken as the base for the 1984 Quadrennial Commission's
recommendations, and that these 1980 recommendations be
adjusted upward to reflect actual cost of living increases
since 1980. This would result in the 1984 recommendation:;
shown in Appendix A.
4. The ABA Commission proposes one other major
recommendation relating to judicial salaries. The 1980
- 2 -
Quadrennial Commission and its predecessors were charged
with recommending increases in congressional and executive
salaries as well as judicial salaries. Almost invariably
the Quadrennial Commission's recommendations have been
reduced by the President before transmission to Congress
and have been further reduced or- rejected completely by
Congress itself. On every such occasion the critical
reason was the reluctance of congressional incumbents,
most of them facing reelection within 2 years, to open
themselves to the charge by their electoral challengers
that while in Congress they had voted in favor of -- or
had failed to vote against -- increasing their own salaries.
5. As a matter of practical politics, the central
idea of Public Law 90-206 -- that linking judicial, executive
and congressional salaries would help to achieve increases in
judicial salaries -- has turned out to be wrong. This link-
age is not merely unfortunate politically, it is unsound as
a principle of good government. We do not conceive of
service in Congress or in the higher policy-making levels of
the Executive Branch as a career occupation. To the contrary,
we subject members of the House to reelection every 2 years,
Presidents (and a fortiori their policy-making executive
aides) to reelection every 4 years, and Senators to re-
election every 6 years. Should their reelection bids be
defeated, or should they decline to run again for personal
- 3 -
reasons, we do not regard this as a major blow to the
public interest.
6. On the other hand, it is central to our
constitutional system to have an independent judiciary.
To assure that independence, Article III requires that
federal judges be appointed for life rather than a fixed
term. We want federal judges to spend full careers on the
bench as a matter of the highest public interest.
7. In every other professional career service --
public or private -- no individual is frozen forever at the
same salary level plus adjustments only for changes in the
cost of living. In every other career there are periodic
increases to reflect and reward the added experience and
proficiency that an individual acquires in his job. This
is true of military service, the Foreign Service, industry,
finance and the private practice of law. There is no reason
why it should not be equally true for a career on the federal
bench, especially when longevity in service provides the
added benefits to the public that the Constitution foresaw.
8. Accordingly, the ABA Commission urgently recom-
mends that the Quadrennial Commission consider proposing
legislation to provide a special additional increase in the
compensation of lifetime federal judges to reflect their
added experience and proficiency and the benefit to the public
interest of their continued service on the federal bench.
This addition could take the form of an annual increment
- 4 -
(say $2,000) for each year of continuous services up to
age 70.
Assuming that at any given time the cumulative
service of all lifetime federal judges averages 10 years,
the average annual additional cost to the government would
be $20,000 per judge, or ($12 million a year).
9. A proposal along these same lines was made
by President Carter in his message transmitting the Report
of the 1980 Quadrennial Commission to the Congress. He
said:
Because the case for a significant
is especially strong, I urge also that
increase in the salaries of Federal judges
Congress give consideration to a salary
nize the public importance of continuous
scale for judges that would explicitly recog-
judicial service; for example, by an annual
or periodic increase for longevity in addition
made from time to time.
to the cost of living adjustments that are
page (January 7, 1981).
Compilation 2863 of Presidential Documents (President Carter),
[Add sections relating to retirement, surviver's annuities,
insurance, health care and other matters]
THE WHITE HOUSE
WASHINGTON
November 7, 1984
MEMORANDUM FOR THE WHITE HOUSE STAFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Presidential Messages to Federal Judges
Recently, there have been a number of Staff requests that
President send congratulatory messages of one kind or another the
to Federal judges.
With very few exceptions, it is considered inappropriate for a
President to congratulate sitting members of the Federal
judiciary, and we have adhered to a strict rule that such
messages are not to be sent without special clearance.
be Standard requests for which Presidential messages should
events honoring a judge.
anniversaries of service on the bench, and dinners or similar
considered include such events as swearing-in ceremonies, not
Federal In no instance may a Presidential message be sent to
judge without review and approval by this Office. any
Thank you.
Judges
THE WHITE HOUSE
WASHINGTON
November 14, 1984
MEMORANDUM FOR DIANNA G. HOLLAND
FROM:
JOHN G. ROBERTS 826R
SUBJECT:
Judge Wilkey Letter to the President
plan the to assume senior status on December 6, 1984. of
Judge Wilkey has written the President, advising him his
the office has forwarded it to me for transmittal Attorney
General's gave letter to the Attorney General, and the Wilkey
President President. (Apparently they expect me to give it to the
would distinguished service I think a reply from the President unusually
Judge Wilkey's plans. In light of the Judge's aware
at our daily meeting.) Mr. Fielding is to of
it be appropriate. If you would log this in and return
I would be happy to prepare one.
Attachment
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
Roberts, John
LOJ 8/9/2005
File Folder
FOIA
JGR/JUDGES (5 OF 9)
F05-139/01
COOK
Box Number
42LOJ
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
1 MEMO
3 1/31/1985 B6
1131
RICHARD HAUSER TO MEESE ET AL., RE
NOMINATION OF ANDREW L. FREY
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
guidses
WASH
POST 2-14-85
10F2
ToJohn
ASAP
Wealthy, White Males Predominate
8mc
Among Reagan Judicial Appointees
P
By Al Kamen
Washington Post Staff Writer
123
the administration is preparing to
cent of the nation's sitting judges
fill about 100 vacant judgeships.
are women or members of minority
One-fourth of the federal judges
Together with 165 appointments in
groups. By the end of Reagan's sec-
appointed by President Reagan in
his first term, Reagan soon will
ond term, those percentages will be
his first term were millionaires, ac-
have named about 270 of the na-
reduced substantially, he said.
cording to a recent study by a Uni-
tion's 744 federal trial and appellate
The study shows an administra-
versity of Massachusetts political
judges-or more than one-third.
tion with an "absolutely extraordi-
science professor.
By 1988, with additional appoint-
nary commitment and diligence" to
In addition, 98 percent of Rea-
ments, Reagan will likely have
ensuring ideologically conservative
gan's appointees were white, 98
picked more than half of the sitting
judges, Goldman said.
percent were Republicans and 92
federal judges-including several
He called the Reagan administra-
percent were male, according to
Supreme Court justices-and the
tion the "most determined since the
the study by Prof. Sheldon Gold-
new statistics give some indication
first [Franklin D.] Roosevelt admin-
man.
of the kind of judiciary he will leave
istration" to mold a judiciary to its
But Reagan appointees had con-
behind.
liking.
siderably more judicial experience
Goldman found that about 5 per-
The Carter administration, on
than those of the four administra-
cent of the 187 judges appointed by
the other hand, was most com-
tions that immediately preceded
Jimmy Carter in his last two years
mitted to affirmative action, Gold-
his, the study found. There also
as president were millionaires, 20
man said, and ideology was not its
were fewer former prosecutors and
percent were minority group mem-
sole, or even principal, concern. As
political appointees among his ap-
bers and more than 15 percent
a result, several Carter appointees
peals court choices, it said.
were women. About 90 percent
to appeals courts who were minor-
. The study, to be published in the
were Democrats.
ity group members or women were
April issue of the monthly magazine
In an interview yesterday, Gold-
also conservative jurists, Goldman
Judicature, comes at a time when
said.
man estimated that 10 to 12 per-
Reagan has appointed two blacks
and eight Hispanics to federal
COMPARING APPOINTEES
judgeships. Carter in four years ap-
pointed 37 blacks and 16 Hispanics
TO THE DISTRICT COURTS
in filling 214 vacancies.
The administration's "tenacity"
Reagan
Carter
Ford
Nixon
Johnson
shows up most clearly at the ap-
peals court level, Goldman said,
Party:
where the joint White House-Jus-
Democratic
3.1%
92.6%
21.2%
7.2%
94.3%
tice Department screening commit-
Republican
96.9%
4.9%
78.8%
92.8%
tee exercises its greatest control.
5.7%
Independent
Senators often exert a consider-
-
2.5%
-
1
-
Past Party
able influence on selection of U.S.
61.2%
60.4%
50.0%
48.6%
Activism
49.2%
District Court judges in their
Religion:
states. But a president has much
Protestant
61.2%
60.4%
broader discretion in selecting
73.1%
73.2%
58.2%
Catholic
judges for the 12 regional federal
31.8%
27.2%
17.3%
18.4%
31.1%
courts of appeal, which operate just
Jewish
6.9%
12.4%
9.6%
8.4%
10.7%
one rung below the Supreme Court.
Ethnicity or
- Race:
Of Reagan's 31 appointments to
federal appeals courts, all were Re-
White
93%
78.7%
88.5%
95.5%
93.4%
publicans; 82 percent of Carter's
Black
.8%
13.9%
5.8%
3.4%
4.1%
were Democrats.
Hispanic
5.4%
6.9%
1.9%
1.1%
2.5%
Reagan's appeals court selections
Asian
.8%
.5%
3.9%
show an administration committed
I
-
Sex:
to making "no mistakes" and to se-
Male
90.7%
85.6%
98.1%
lecting judges with proven track
99.4%
98.4%
Female
9.3
%14.4%
records, Goldman said. That is why
1.9%
.6%
1.6%
ABA Ratings:
70.9 percent of its selections at that
Exceptionally well
level have had prior judicial expe-
6.9%
4.0%
-
4.8%
qualified
7.4%
rience, he said, compared with 53.6
Well qualified
percent of Carter's appointees.
43.4%
47.0%
46.1%
40.4%
40.9%
Judicial experience, Goldman
Qualified
49.6%
47.5%
53.8%
54.8%
49.2%
found, was far more important than
Not qualified
-
1.5%
$
-
I
2.5%
the more traditional criteria of po-
Total Number
129
202
52
179
122
litical activism or prosecutorial ex-
Appointees
perience.
SOURCE: JUDICATURE
"You might expect this adminis-
tration to favor former prosecu-
WASH. POST: 2-14-85
292
COMPARING APPOINTEES
TO THE APPEALS COURTS
Reagan
Carter
Ford
Nixon
Johnson
Party:
Democratic
-
82.1%
8.3%
6.7%
95.0%
Republican
100%
7.1%
91.7%
93.3%
5.0%
Independent
-
10.7
-
-
-
Past Party
58.1%
73.2%
58.3%
60.0%
57.5%
Activism
Religion:
Protestant
67.7%
60.7%
58.3%
75.6%
60.0%
Catholic
22.6%
23.2%
33.3%
15.6%
25.0%
Jewish
9.7%
16.1%
8.3%
8.9%
15.0%
Ethnicity or
Race:
White
93.5%
78.6%
100.0%
97.8%
95.0%
Black
3.2%
16.1%
-
-
5.0%
Hispanic
3.2%
3.6%
-
-
-
Asian
-
1.8%
-
2.2
-
Sex:
Male
96.8%
80.4%
100.0%
100.0%
97.5%
Female
3.2%
19.6%
-
-
2.5%
ABA Ratings:
Exceptionally well
22.6%
16.1%
16.7
15.6%
27.5%
qualified
Well qualified
41.9%
58.9%
41.7%
57.8%
47.5%
Qualified
35.5%
25.0%
33.3%
26.7%
20.0%
Not qualified
-
-
8.3%
-
2.5%
No report
-
-
-
-
2.5%
requested
Total Number
31
56
12
45
40
Appointees
NET WORTH OF APPOINTEES
TO DISTRICT AND APPEALS COURTS
Percentage of Judges in Three Brackets
Reagan (Four Years)
Carter (Last Two Years*)
District
Appeals
District
Appeals
$0-$199,999
18.6%
10.0%
35.8%
33.3%
$200,000-$999,000
58.9%
66.7%
60.1%
56.4%
$1 million plus
22.5%
23.3%
4.0%
10.3%
Total Appointees
129
30
148
39
First two years not available.
SOURCE: JUDICATURE
tors," Goldman said, but Reagan, in
with 14.3 percent for Carter ap-
his first four years, appointed fewer
pointees and fewer than 3 percent
than his four predecessors: 19 per-
for both Nixon and Johnson.
cent. Nearly one-third of Carter's
Reagan is also less concerned
appeals court appointees were for-
with using judicial appointments to
mer prosecutors. Almost one-half of
pay off political debts, Goldman
Richard M. Nixon's and Lyndon B.
found. About 58 percent of Rea-
Johnson's appeals court judges
gan's appeals judges had been ac-
were former prosecutors.
tive politically, compared with 73
The percentage of prosecutors
percent of Carter's appointees.
that Reagan appointed to district
Reagan's appointees for the dis-
court judgeships was comparable to
trict and appeals courts are 50
those of his predecessors.
years old on average-almost iden-
If judicial experience is not avail-
tical to Carter's appointees. That
able as a guide, the administration
finding is somewhat surprising giv-
tends to look to law schools. Gold-
en the administration's stated in-
man found that 19.3 percent of
tention to appoint young judges who
Reagan appeals court appointees
could influence the judiciary for
were law professors, compared
generations.