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American Bar Association (3)
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23810521
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American Bar Association (3)
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collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
Federal judges
Presidential powers
Presidential campaign, 1976
Presidential messages
Law and legislation
Presidential appointments
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The original documents are located in Box 1, folder "American Bar Association (3)" of the
Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 1 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
THE AMERICAN LAW INSTITUTE
OFFICERS
President
NORRIS DARRELL
1st Vice-President
R. AMMI CUTTER
2nd Vice-President
BERNARD G. SEGAL
Treasurer
LAURENS WILLIAMS
Director
HERBERT WECHSLER
Assistant Director
PAUL A. WOLKIN
COUNCIL (May 24, 1974)
Francis A. Allen
Ann Arbor
Michigan
Frederick A. Ballard
Washington
District of Columbia
F. M. Bird
Atlanta
Georgia
Bennett Boskey
Washington
District of Columbia
Robert Braucher
Boston
Massachusetts
Charles D. Breitel
New York
New York
John G. Buchanan
Pittsburgh
Pennsylvania
William T. Coleman, Jr.
Philadelphia
Pennsylvania
R. Ammi Cutter
Cambridge
Massachusetts
Norris Darrell
New York
New York
Hardy C. Dillard
The Hague
The Netherlands
Arthur Dixon
Chicago
Illinois
H. Vernon Eney
Baltimore
Maryland
William H. Erickson
Denver
Colorado
Thomas E. Fairchild
Milwaukee
Wisconsin
Jefferson B. Fordham
Salt Lake City
Utah
John P. Frank
Phoenix
Arizona
Paul A. Freund
Cambridge
Massachusetts
III
FORD & LIBRARY GERALD
THE AMERICAN LAW INSTITUTE
COUNCIL (May 24, 1974) Continued
Henry J. Friendly
New York
New York
Edward T. Gignoux
Portland
Maine
Erwin N. Griswold
Washington
District of Columbia
Clement Furman Hayns-
worth, Jr.
Greenville
South Carolina
Shirley Hufstedlar
Los Angeles
California
Th
Vester T. Hughes, Jr.
Dallas
Texas
Law
Laurance Mastick Hyde
Jefferson City
Missouri
cumi
William J. Jameson
Billings
Montana
Rest
Joseph F. Johnston
Birmingham
Alabama
citat
Edward Hirsch Levi
Chicago
Illinois
serie
William B. Lockhart
Minneapolis
Minnesota
Ross L. Malone
New York
New York
Th
William L. Marbury
Baltimore
Maryland
volu
Hale McCown
Lincoln
Nebraska
1)
Wade H. McCree, Jr.
Detroit
Michigan
Carl McGowan
Washington
District of Columbia
Vincent L. McKusick
Portland
Maine
Charles Merton Merrill
San Francisco
California
Roswell B. Perkins
New York
New York
H. Chapman Rose
Cleveland
Ohio
2)
Ernest J. Sargeant
Boston
Massachusetts
Walter V. Schaefer
Chicago
Illinois
Austin W. Scott
Cambridge
Massachusetts
Bernard G. Segal
Philadelphia
Pennsylvania
3
Eugene Bonn Strassburger
Pittsburgh
Pennsylvania
Roger J. Traynor
Berkeley
California
Lawrence E. Walsh
New York
New York
Charles Hastings Willard
Guilford
Connecticut
T
Laurens Williams
Washington
District of Columbia
nen
John Minor Wisdom
New Orleans
Louisiana
title
Frank McReynolds Wozen-
ear
craft
Houston
Texas
Charles Alan Wright
Austin
Texas
\
Charles E. Wyzanski, Jr.
Boston
Massachusetts
sibl
ass
Ter
]
Pul
dec
Ph
Executive Offices, The American Law Institute
BERALD FORD LIBRARY
Ma
4025 Chestnut Street
Philadelphia, Pennsylvania, 19104
IV
RICHARD B. Allen
Editor
ROWLAND L. YOUNG
ASSOCIATION
AMERICAN BAR
Associate Editor
ASSOCIATION JOURNAL
7878
1155 EAST 60th ST.
CHICAGO, ILLINOIS 60637
TELEPHONE 312/947-4000
Direct Lines: Mr. Allen 312/947-3536
Mr. Young 312/947-3537
BOARD OF EDITORS
VINCENT L. McKUSICK
Chairman
September 2, 1976
Portland, Maine
F. HODGE O'NEAL
Saint Louis, Missouri
MORELL E. SHARP
Seattle, Washington
RUTH BADER GINSBURG
New York, New York
The President
KENNETH B. WRIGHT
The White House
Los Angeles, California
c/o Mr. Philip W. Buchen
ROBERT BRAUCHER
Washington, D.C. 20500
Boston, Massachusetts
JOHN D. FRENCH
My dear President Ford:
Minneapolis, Minnesota
JEWEL LAFONTANT
For the purpose of confirmation, I
Chicago, Illinois
am enclosing a copy of a telegram sent to
ALVIN B. RUBIN
New Orleans, Louisiana
you on September 1, 1976.
EX OFFICIO
JUSTIN A. STANLEY
Sincerely yours
President
Chicago, Illinois
Richard B. allen
WM. B. SPANN, JR.
u
President-Elect
RICHARD B. ALLEN
Atlanta, Georgia
Editor
STANLEY M. BROWN
Chairman of the
House of Delegates
Manchester, New Hampshire
J. DAVID ANDREWS
RBA: lb
Treasurer of the
encl
Association
Seattle, Washington
GERALD FORD LIBRARY
President Gerald R. Ford
c/o Herbert E. Hoffman, Esq.
American Bar Association
1800 M Street, N.W.
Washington, D.C. 20036
Like all Americans, lawyers are looking at the posi-
tions of the candidates in this year's presidential elect-
ion. But lawyers have some professional interests the
candidates might not have occasion to address in their
campaigns to the general public. We would appreciate your
speaking to the nation's lawyers through the American Bar
Association Journal by stating your position on these
questions.
1. In making nominations to the federal bench, other
than the Supreme Court, do you favor continuation of the
long-established role played by the American Bar Association
Committee on the Federal Judiciary in evaluating the profes-
sional qualifications of prospective nominees?
2.
In making nominations to the Supreme Court, will
you ask the assistance of the American Bar Association in
evaluating the professional qualifications of prospective
nominees?
3.
Do you favor the continued development of legal
services for the indigent through a Legal Services Corpora-
tion that is well funded and independent of partisan poli-
tical influence?
4.
To make legal services more readily available to
middle income groups, do you favor federal tax exclusion for
FORD
the value of benefits received by participants in prepaid
legal services plans?
LIBRARY
-2-
5. Do you favor the creation of an independent,
publicly funded National Institute of Justice to conduct,
appraise, and co-ordinate research and programs in the
administration of justice and the quality and effectiveness
of justice?
6.
Do you favor state experimentation with automobile
accident reparations plans or do you favor federal legisla-
tion requiring a national no-fault insurance system or
establishing national standards for state plans?
7.
Do you favor the use of a special federal prose-
cutor under certain circumstances? If so, by whom or what
means should the special prosecutor be appointed? Should
the special prosecutor be appointed on a temporary or perma-
nent basis?
8. Do you favor an increase in the share of L.E.A.A.
and other federal funds allocated for courts, criminal
justice, corrections, and juvenile justice?
9. Do you favor an increase in compensation for
federal judges?
10. Do you favor the creation of additional federal
judgeships substantially as proposed in legislation pending
in Congress?
In order that your positions on these questions may be
published in our October issue, we must have your answers
by September 10 and the answers should be confined to 2,500
words.
FORD :- LIBRARY CERALD
-3-
Will you please advise me promptly whether you will
participate in this endeavor. It is not our intention to
proceed unless both major party candidates are willing to
participate. I greatly appreciate your consideration of this
request.
Richard B. Allen, Editor
AMERICAN BAR ASSOCIATION JOURNAL
1155 East 60th Street
Chicago, Illinois 60637
September 1, 1976
FORD & LIBRARY
HARRICA
AMERICAN BAR
CHICAGOL
U.S.POSTAGE
ASSOCIATION JOURNAL
COMMON FAITH
SEP-2'76
COMMON LAW
1878
1155 EAST 60TH STREET
CHICAGO, ILLINOIS 60637
ILL.
PB
TER
3959
We
034830
The President
The White House
c/o Mr. Philip Buchen
Washington, D.C. 20500
THE WHITE HOUSE
WASHINGTON
September 2, 1976
MEMORANDUM FOR:
FRED SLIGHT
FROM:
PHILIP BUCHEN
P.W.B.
Attached is a telegram received today from
Richard B. Allen, Editor, American Bar Association
Journal.
It calls for a prompt reply on whether the President
will participate in the project and I assume you will
so advise Mr. Allen. Also, note that the answers to
be supplied must be in by September 10, and I am
requesting Ken Lazarus of my staff to begin work
immediately on preparing proposed answers in behalf
of the President.
CC: Ken Lazarus
BERÄLD FORD LIBRARY
ШИ
western union
Telegram
LLE178
WAC235 (1609) (2-042689E245)PD 09/01/7974855 / PM 6: 17
ICS IPMBNGZ CSP
3129473540 TDBN CHICAGO IL 431 09-01 0405P EST
PMS PRESIDENT GERALD R FORD
C/O HERBERT HOFFMAN, AMERICAN BAR ASSN 1800 "M" ST NORTHWEST
WASHINGTON DC 20036
LIKE ALL AMERICANS, LAWYERS ARE LOOKING AT THE POSITIONS OF THE
CANDITATES IN THIS YEARS PRESIDENTIAL ELECTION. BUT LAWYERS HAVE
SOME PROFESSIONAL INTEREST THE CANDIDATES MIGHT NOT HAVE OCCASION TO
ADDRESS IN THEIR CAMPAIGNS TO THE GENERAL PUBLIC. WE WOULD
APPRECIATE YOUR SPEAKING TO THE NATION'S LAWYERS THROUGH THE
AMERICAN BAR ASSOCIATION JOURNAL BY STATING YOUR POSITION ON THESE
QUESTIONS.
FORD LIBRARY
1. IN MAKING NOMINATIONS TO THE FEDERAL BENCH, OTHER THAN THE
SUPREME COURT, DO YOU FAVOR CONTINUATION OF THE LONG-ESTABLISHED
ROLE PLAYED BY THE AMERICAN BAR ASSOCIATION COMMITTTE ON THE FEDERAL
SF-1201 (R5-69)
ШИ
western union
Telegram
-
WAC235/2
1976 SEP - / PM 6: 17
JUDICIARY IN EVALUATING THE PROFESSIONAL QUALIFICATIONS OF
PROSPECTIVE NOMINEES?
2. IN MAKING NOMINATIONS TO THE SUPREME COURT, WILL YOU ASK THE
ASSISTANCE OF THE AMERICAN BAR ASSOCIATION IN EVALUATING THE
PROFESSIONAL QUALIFICATIONS OF PROSPECTIVE NOMINEES?
3. DO YOU FAVOR THE CONTINUED DEVELOPMENT OF LEGAL SERVICES FOR THE
INDIGENT THROUGH A LEGAL SERVICES CORPORTION THAT IS WELL FUNDED AND
INDEPENDENT OF PARTISAN POLITICAL INFLUENCE?
4. TO MAKE LEGAL SERVICES MORE READILY AVAILABLE TO MIDDLE INCOME
GROUPS DO YOU FAVOR FEDERAL TAX EXCLUSION FOR THE VALUE OF BENEFITS
RECEIVED BY PARTICIPANTS IN PREPAID LEGAL SERVICES PLAN?
5. DO YOU FAVOR THE CREATION OF AN INDEPENDENT, PUBLICLY FUNDED
&
FORD
NATIONAL INSTITUTE OF JUSTICE TO CONDUCT, APPRAISE, AND CO-ORDINATE
RESEARCH AND PROGRAMS IN THE ADMINISTRATION OF JUSTICE AND T
LISA
SF-1201 (R5-69)
ШИ
western union
Telegram
NAC235/3
1976 SEP / PM 6: 18
QUALITY AND EFFECTIVENESS OF JUSTICE?
6. DO YOU FAVOR STATE EXPERIMENTATION WITH AUTOMOBILE ACCIDENT
REPAIRATIONS PLANS OR DO YOU FAVOR FEDERAL LEGISLATION REQUIRING A
NATIONAL NO-FAULT INSURANCE SYSTEM OR ESTABLISHING NATIONAL
STANDARDS FOR STATE PLANS ?
7. DO YOU FAVOR THE USE OF A SPECIAL FEDERAL PROSECUTOR UNDER
CERTAIN CIRCUMSTANCES? IF so, BY WHOM OR WHAT MEANS SHOULD THE
SPECIAL PROSECUTOR BE APPOINTED? SHOULD THE SPECIAL PROSECUTOR BE
APPOINTED ON A TEMPORARY OR PERMANENT BASES?
8. DO YOU FAVOR AN INCREASE IN THE SHARE OF L. E. A. A. AND OTHER
FEDERAL FUNDS ALLOCATED FOR COURTS, CRIMINAL JUSTICE, CORRECTIONS,
AND JUVENILE JUSTICE ?
&
FORD
9. DO YOU FAVOR AN INCREASE IN COMPENSATION FOR FEDERAL JUDGE
10. DO YOU FAVOR THE CREATION OF ADDITIONAL FEDERAL JUDGESHIP
GORALD
?
LIBRARY
SF-1201 (R5-69)
will
western union
Telegram
NAC235/4
1976 SEP -1 PM 6: 18
SUBSTANTIALLY AS PROPOSED IN LEGISLATION PENDING IN CONGRESS ?
IN ORDER THAT YOUR POSITIONS ON THESE QUESTIONS MAYBE PUBLISHED IN
OUR OCTOBER ISSUE WE MUST HAVE YOUR ANSWERS BY SEPTEMBER 10 AND THE
ANSWERS SHOULD BE CONFINED TO 2,500 WORDS.
WILL YOU PLEASE ADVISE ME PROMPTLY WHETHER YOU WILL PARTICIPATE IN
THIS ENDEAVOR. IT IS NOT OUR INTENTION TO PROCEED UNLESS BOTH MAJOR
PARTY CANDIDATES ARE WILLING TO PARTICIPATE. I GREATLY APPRECIATE
YOUR CONSIDERATION OF THIS REQUEST.
RICHARD B ALLEN, EDITOR AMERICAN BAR ASSN JOURNAL 1155 EAST
60 STREET CHICAGO ILLINOIS 60637
NNNN
BERALD LIBRARY
SF-1201 (R5-69)
THE WHITE HOUSE
WASHINGTON
September 8, 1976
MEMORANDUM FOR: FRED SLIGHT
FROM:
KEN LAZARUS
SUBJECT:
Response to ABA Inquiry
Attached (at Tab A) is a copy of the incoming request
from the American Bar Association for the President's
position on ten issues of concern to the Association.
At Tab B is a draft response for the President's
signature.
Herb Hoffman, who may be reached at 331-2200, is the
Washington Representative for the ABA. He advised
that Jimmy Carter also intends to respond to the
inquiry and suggested the format which is provided.
The response is due by Friday, September 10th.
Attachments
CC: Philip Buchen
GERALD LIBRARY R. FORD
THE WHITE HOUSE
WASHINGTON
September 2, 1976
MEMORANDUM FOR:
FRED SLIGHT
FROM:
PHILIP BUCHEN
P.W.B.
Attached is a telegram received today from
Richard B. Allen, Editor, American Bar Association
Journal.
It calls for a prompt reply on whether the President
will participate in the project and I assume you will
so advise Mr. Allen. Also, note that the answers to
be supplied must be in by September 10, and I am
requesting Ken Lazarus of my staff to begin work
immediately on preparing proposed answers in behalf
of the President.
CC: Ken Lazarus
FORD : LIBRARY GERALD
Telegram
westem union.
LLE178
WAC235 (1609) (2-042689E245)PD 09/01/7971868 - I PM 6: 17
ICS IPMBNGZ CSP
3129473540 TDBN CHICAGO IL 431 09-01 0405P EST
PMS PRESIDENT GERALD R FORD
C/O HERBERT HOFFMAN, AMERICAN BAR ASSN 1800 "M" ST NORTHWEST
WASHINGTON DC 20036
LIKE ALL AMERICANS, LAWYERS ARE LOOKING AT THE POSITIONS OF THE
CANDITATES IN THIS YEARS PRESIDENTIAL ELECTION. BUT LAWYERS HAVE
SOME PROFESSIONAL INTEREST THE CANDIDATES MIGHT NOT HAVE OCCASION TO
ADDRESS IN THEIR CAMPAIGNS TO THE GENERAL PUBLIC. WE WOULD
APPRECIATE YOUR SPEAKING TO THE NATION'S LAWYERS THROUGH THE
AMERICAN BAR ASSOCIATION JOURNAL BY STATING YOUR POSITION ON THESE
QUESTIONS.
1. IN MAKING NOMINATIONS TO THE FEDERAL BENCH, OTHER THAN THE
SUPREME COURT, DO YOU FAVOR CONTINUATION OF THE LONG-ESTABLISHED
ROLE PLAYED BY THE AMERICAN BAR ASSOCIATION COMMITTE ON THE FEDERAL
SF-1201 (R5-69)
GERAL FUND LIBRANDA
(
Te egram
westem union
(
WAC235/2
1976 SEP PM 6: 17
JUDICIARY IN EVALUATING THE PROFESSIONAL QUALIFICATIONS OF
PROSPECTIVE NOMINEES?
2. IN MAKING NOMINATIONS TO THE SUPREME COURT, WILL YOU ASK THE
ASSISTANCE OF THE AMERICAN BAR ASSOCIATION IN EVALUATING THE
PROFESSIONAL QUALIFICATIONS OF PROSPECTIVE NOMINEES?
3. DO YOU FAVOR THE CONTINUED DEVELOPMENT OF LEGAL SERVICES FOR THE
IUDIGENT THROUGH A LEGAL SERVICES CORPORTION THAT IS WELL FUNDED AND
INDEPENDENT OF PARTISAN POLITICAL INFLUENCE?
4. TO MAKE LEGAL SERVICES MORE READILY AVAILABLE TO MIDDLE INCOME
GROUPS DO YOU FAVOR FEDERAL TAX EXCLUSION FOR THE VALUE OF BENEFITS
RECEIVED BY PARTICIPANTS IN PREPAID LEGAL SERVICES PLAN?
5. DO YOU FAVOR THE CREATION OF AN INDEPENDENT, PUBLICLY FUNDED
NATIONAL INSTITUTE OF JUSTICE TO CONDUCT, APPRAISE, AND CO-ORDINATE
RESEARCH AND PROGRAMS IN THE ADMINISTRATION OF JUSTICE AND THE
SF-1201 (R5-69)
GERALE FORD LIBRARY
Telegram
western union
WAC235/3
1976 SEP - / PM 6: 18
QUALITY AND EFFECTIVENESS OF JUSTICE?
S. DO YOU FAVOR STATE EXPERIMENTATION WITH AUTOMOBILE ACCIDENT
REPAIRATIONS PLANS OR DO YOU FAVOR FEDERAL LEGISLATION REQUIRING A
NATIONAL NO-FAULT INSURANCE SYSTEM OR ESTABLISHING NATIONAL
STANDARDS FOR STATE PLANS ?
7. DO YOU FAVOR THE USE OF A SPECIAL FEDERAL PROSECUTOR UNDER
CERTAIN CIRCUMSTANCES? IF SO, BY WHOM OR WHAT MEANS SHOULD THE
SPECIAL PROSECUTOR BE APPOINTED? SHOULD THE SPECIAL PROSECUTOR BE
APPOINTED ON A TEMPORARY OR PERMANENT BASES?
8. DO YOU FAVOR AN INCREASE IN THE SHARE OF L. E. A. A. AND OTHER
FEDERAL FUNDS ALLOCATED FOR COURTS, CRIMINAL JUSTICE, CORRECTIONS,
AND JUVENILE JUSTICE ?
9. DO YOU FAVOR AN INCREASE IN COMPENSATION FOR FEDERAL JUDGES ?
10. DO YOU FAVOR THE CREATION OF ADDITIONAL FEDERAL JUDGESHIPS
SF-1201 (R5-69)
ШИ
Telegram
westem union
WAC235/4
1976 SEP - / PM 6: 18
SUBSTANTIALLY AS PROPOSED IN LEGISLATION PENDING IN CONGRESS ?
IN ORDER THAT YOUR POSITIONS ON THESE QUESTIONS MAYBE PUBLISHED IN
OUR OCTOBER ISSUE WE MUST HAVE YOUR ANSWERS BY SEPTEMBER 10 AND THE
A USWERS SHOULD BE CONFINED TO 2,500 WORDS.
WILL YOU PLEASE ADVISE ME PROMPTLY WHETHER YOU WILL PARTICIPATE IN
THIS ENDEAVOR. IT IS NOT OUR INTENTION TO PROCEED UNLESS BOTH MAJOR
PARTY CANDIDATES ARE WILLING TO PARTICIPATE. I GREATLY APPRECIATE
YOUR CONSIDERATION OF THIS REQUEST.
RICHARD B ALLEN, EDITOR AMERICAN BAR ASSN JOURNAL 1155 EAST
60 STREET CHICAGO ILLINOIS 60637
NNNN
SF-1201 (R5-69)
FORD
GERALD
LIBRARY
THE WHITE HOUSE
DRAFT
WASHINGTON
Dear Mr. Allen:
In accordance with your request, set forth below are
the questions raised by the American Bar Association
and my responses to them.
1. In making nominations to the Federal bench, other
than the Supreme Court, do you favor continuation
of the long-established role played by the ABA
Committee on the Federal Judiciary in evaluating
the professional qualifications of prospective
nominees?
Answer: In recognition of the value of the
investigations and findings of the ABA Standing
Committee on the Judiciary, I favor the continuation
of a prominent role for the group. It should be
noted, of course, that the appointment of United
States Judges is a Presidential responsibility under
our Constitution, subject only to the advice and
consent of the Senate, and that therefore the
results of an evaluation process by the ABA or
any other body should not be controlling.
2. In making nominations to the Supreme Court, will
you ask the assistance of the ABA in evaluating
professional qualifications of prospective nominees?
Answer: Yes. More particularly, I intend to seek
and obtain the same kind of cooperation and
assistance which the Attorney General and I sought
and obtained from the ABA Committee when Mr. Justice
Stevens was nominated and confirmed in the Fall of 1975.
3. Do you favor the continued development of legal
services for the indigent through a Legal Services
Corporation that is well funded and independent of
partisan political influence?
Answer: I favor the provision for legal services for
those at or below the poverty level, independent of
partisan political influences. The establishment of
a Legal Services Corporation as an independent agency
not subject to Executive branch management was clearly
an improvement over the legal services provided
through the old Office of Economic Opportunity.
My+
Administration favors continued funding of the Legal
Services Corporation, but with staged funding in
order that its operations can be better assessed.
2
Accordingly, I recommended a funding level of
$80 million for fiscal 1977, to which the
Congress added an extra $45 million. I believe
the lower level of funding is appropriate at
this time.
4. To make legal services more readily available to
middle income groups do you favor Federal tax
exclusion for the value of benefits received by
participants in prepaid legal services plans?
Answer: During Congressional consideration of
H.R. 10612, the so-called "Tax Reform Act of
1976", my Administration opposed the inclusion of
a provision which would allow for a period of five
years an employer's deduction for premiums paid
to fund employee legal services plans but, at the
same time, exclude the value of such payments or
legal benefits thereafter received, from the gross
incomes of employees.
The exclusion of this fringe benefit from
gross incomes would establish a trend of revenue
loss from $5 million for 1977 to $33 million for
1981. The provision also conflicts with the
general rule that personal expenses should not be
allowed as deductions under the Internal Revenue Code.
This provision was recently adopted by the
House-Senate conferees on H.R. 10612. It is now
anticipated that the tax bill will be before me
later this month, at which time I shall decide
whether to sign or veto the measure.
5. Do you favor the creation of an independent, publicly
funded National Institute of Justice to conduct,
appraise, and coordinate research and programs in
the administration of justice and the quality and
effectiveness of justice?
Answer: The establishment of a new National Institute
of Justice would duplicate other activities already
supported by the Federal government.
The Law Enforcement Assistance Administration
(LEAA) provides national leadership in this area,
in addition to providing block grant funds to
assist State and local criminal justice agencies.
LEAA's National Institute of Law Enforcement and
Criminal Justice, established by law in 1968, now
pursues most of the objectives called for by, the
LIBRARY
National Institute of Justice proposal. It encourages
research and innovation and provides training and
3
information for local agencies. The Administration
had asked Congress to expand the charter of the
Institute to include civil justice, but this was
rejected.
Another effective resource for states and
localities is the National Center for State Courts,
which is funded largely by LEAA but which operates
independently. The Center has received approximately
$10 million in Federal funds for more than 50
projects to assist state and local court systems in
meeting their responsibility to dispense justice.
Also important is the work of the National
Advisory Commission on Criminal Justice Standards
and Goals. The Commission has published a series
of thorough and comprehensive volumes containing
hundreds of recommendations for all elements of the
criminal justice system, including courts, corrections,
police, community crime prevention, and the criminal
justice system as a whole. These standards and
recommendations constitute a detailed blueprint for
state and local governments to consider in the
improvement of their own law enforcement and criminal
justice systems. The role of the commission is a
continuing one.
6. Do you favor experimentation with automobile accident
reparations plans or do you favor Federal legislation
requiring a national no-fault insurance system or
establishing national standards for state plans?
Answer: I support the concept underlying no-fault
automobile insurance for consideration on the state
level. However, I oppose Federal legislation
requiring a national no-fault insurance system or
establishing national standards for state plans.
Accordingly, my Administration has opposed enactment
of S. 354, the "National No-Fault Motor Vehicle
Insurance Act."
The no-fault concept offers a number of potential
benefits but enactment of a preemptive Federal plan
would be inconsistent with the traditional role of
the states in regulating insurance. It also would
preclude valuable experimentation with the concept
from state to state.
The Governors' Conference recognizes the short
comings of a preemptive Federal no-fault law and
unanimously opposes the enactment of any such program.
The Congress has also apparently seen some wisdom
in this view since, on March 31, 1976, the Senate
voted 49-45 to recommit S. 354 to the Senate Commerce
Committee.
4
7. Do you favor the use of a Special Federal Prosecutor
under special circumstances? If so, by whom or
what means should the Special Prosecutor be
appointed? Should the Special Prosecutor be
appointed on a temporary or a permanent basis?
Answer: Under our form of government the use of a
Special Federal Prosecutor presents difficult
constitutional and practical problems. If there is
compelling need for such an official, I would prefer
a Presidential appointment subject to confirmation
by the Senate.
I am troubled by the ambiguities, constitutional
and otherwise, that I perceive in the report of the
ABA's Spann Committee and its proposal for appointment
of temporary special prosecutors to handle cases as
they arise. On balance, for I doubt that any
arrangement will be entirely satisfactory, I would
prefer appointment of a permanent prosecutor with
jurisdiction over allegations of serious crimes
against ranking officials of the Executive branch,
Members of Congress, and Federal judges.
As you know, I recently expressed these views in
addressing legislation which is currently under
review in the Congress.
8. Do you favor an increase in the share of LEAA and
other Federal funds allocated for courts, criminal
justice, corrections, and juvenile justice?
Answer: Yes, as a matter of personal preference,
I would favor an increase in the proportion of
LEAA and other Federal funds for criminal justice,
juvenile justice and similar purposes. However, the
needs of police must not be overlooked. In the last
several years approximately 40 percent of the
Federal funds were for corrections, courts, juvenile
delinquency and other criminal justice programs.
Crime continues to be a major concern of the
American people and a social and economic problem
of enormous importance. The cost of crime is
estimated in the tens of billions of dollars each
year and the corrosive effect of violent street
crime, organized crime, white collar crime and other
offenses committed by one citizen against another is
beyond measure.
FORD
It must be noted, however, that law enfordement
and the administration of criminal justice is
LIBRARY
essentially a matter for state and local governments
5
to address. No one wants a "national police force"
or Federal domination of the processes of state
and local criminal justice. Therefore, the
decisions regarding the allocation of Federal
funds for law enforcement and various local
government activities should be made at the state
and local levels, within the framework of an
overall plan for the effective use of these
Federal monies.
9. Do you favor an increase in compensation for
Federal judges?
Answer: Yes. I have pressed for adequate pay
for Federal judges throughout my Administration
and will continue to do SO.
10. Do you favor the creation of additional Federal
judgeships?
Answer: I favor a relatively modest increase in
the number of Federal judges, substantially as
provided in the present Omnibus Bill passed by the
Senate this year and now pending in the House of
Representatives. But I strongly doubt that we can
continue to add judges without limit to meet
burgeoning case loads in the Federal courts. I
think the wiser course for the future is to limit
the jurisdiction and business of the courts where
appropriate; indeed, I am now considering proposals
to this end recently made to me by the Attorney
General.
Sincerely,
Mr. Richard B. Allen
Editor, ABA Journal
1155 E. 60th Street
Chicago, Illinois
60637
ABA
THE WHITE HOUSE
WASHINGTON
September 9, 1976
Dear Mr. Sledd:
This is to acknowledge on behalf of the President
your thoughtfulness in apprising him of the
resolution recently adopted by the House of
Delegates of the American Bar Association relating
to additional Federal judgeships.
As you may know, the President has actively
supported adoption of legislation to create these
much needed judgeships. There would now appear
to be some slim possibility for enactment prior
to the close of the current session.
Sincerely,
Philip W. W.Buchen Buchen
Counsel to the President
Mr. Herbert D. Sledd
Secretary
American Bar Association
300-308 W. Short Street
Lexington, Kentucky 40507
GERALD FORD LIBRART
THE WHITE HOUSE
WASHINGTON
Ken:
Please droft
appropriate rply
for me to sign.
P.
FORD is LIBRARY OFRALD
AMERICAN BAR ASSOCIATION
SECRETARY
Herbert D. Sledd
300-308 W.S- ort Street
1155 EAST 60TH ST., CHICAGO, ILLINOIS 60637 TELEPHONE (312) 947-4016
Lexington KY 40507
SISTANT SECRETARY
F. Wm McCalpin
Room 1400
611 C ive Street
St. Louis 110 63101
August 23, 1976
Gerald R. Ford
President of the United States
The White House
Washington, D. C. 20500
RE: Additional Judgeships
Dear Mr. President:
At the meeting of the House of Delegates of the
American Bar Association held August 9-11, 1976 the
following resolution was adopted upon recommendation
of the Standing Committee on Judicial Selection, Tenure
and Compensation:
RESOLVED, That the American Bar Association
urges Congress to enact legislation during the
94th Congress, second session, to provide for
much-needed additional judges of the Courts of
Appeals and District Courts, with the legisla-
tion to become effective January 21, 1977, if
necessary to insure passage.
RESOLVED, That this Association support
legislation which would provide for adequate
increases in compensation of the members of the
federal judiciary so urgently needed by present-
Zy sitting federal judges and if individuals
well qualified to be federal judges are to ac-
cept appointment.
This resolution is being transmitted for your
information and whatever action you may deem appro-
priate.
FORD is GERATO LIBRARY
Gerald R. Ford
August 23, 1976
Page Two
Please do not hesitate to let us know if you
need any further information, have any questions
or whether we can be of any assistance.
Sincerely yours
Herbert D. Sledd
HDS/mlk
CC: John A. Sutro
FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
September 21, 1976
MEMORANDUM FOR:
KEN LAZARUS
FROM:
PHIL BUCHEN P.
Please note the attached clipping which indicates
that there are new provisions in the current tax
bill dealing with the tax treatment of contributions
to prepaid legal service plans. This subject was
covered in the answers by the President to the
questions of the ABA.
Please give me your comments.
Attachment
THE WALL STREET JOURNAL, 3
Tuesday, Sept. 21. 1976
*
*
*
GROUP LEGAL SERVICES get a major
about from the new tax bill.
Consumer groups and unions expect
group legal service plans to spread rapidly
now that Congress has passed the tax-revi-
sion bill. The measure says employes don't
have to pay taxes on employer contributions
9/23
made to or services received from such
plans. "We expect to see a great deal of
growth in the near future," says an official
Service. of the National Consumer Center for Legal
About 175,000 workers currently get legal
services through about 75 contracts between
see attached.
employers and unions. One of the largest,
covering 10,000 laborers union members in
the Washington, D.C., area, is used by 15%
to 20% of the members. Plans typically cost
three to five,cents an hour.
Tax experts estimate the tax exemp-
tion will cost the Treasury $33 million a
Ken
year by 1981, as plans become more
popular.
J
THE WHITE HOUSE
WASHINGTON
September 8, 1976
MEMORANDUM FOR: FRED SLIGHT
FROM:
KEN LAZARUS
SUBJECT:
Response to ABA Inquiry
Attached (at Tab A) is a copy of the incoming request
from the American Bar Association for the President's
position on ten issues of concern to the Association.
At Tab B is a draft response for the President's
signature.
Herb Hoffman, who may be reached at 331-2200, is the
Washington Representative for the ABA. He advised
that Jimmy Carter also intends to respond to the
inquiry and suggested the format which is provided.
The response is due by Friday, September 10th.
Attachments
CC: Philip Buchen
GERALD LIBRARY P. FORD
THE WHITE HOUSE
WASHINGTON
September 2, 1976
MEMORANDUM FOR:
FRED SLIGHT
FROM:
PHILIP BUCHEN
T.W.B.
Attached is a telegram received today from
Richard B. Allen, Editor, American Bar Association
Journal.
It calls for a prompt reply on whether the President
will participate in the project and I assume you will
so advise Mr. Allen. Also, note that the answers to
be supplied must be in by September 10, and I am
requesting Ken Lazarus of my staff to begin work
immediately on preparing proposed answers in behalf
of the President.
cc: Ken Lazarus
ШИ
westem union-
Telegram
LLE178
WAC235(1609) (2-042689E245)P 09/01/78 - / PH 6: 17
ICS IPMBNGZ CSP
3129473540 TDBN CHICAGO IL 431 09-01 0405P EST
PMS PRESIDENT GERALD R FORD
C/O HERBERT HOFFMAN, AMERICAN BAR ASSN 1800 "M" ST NORTHWEST
WASHINGTON DC 20036
LIKE ALL AMERICANS, LAWYERS ARE LOOKING AT THE POSITIONS OF THE
CANDITATES IN THIS YEARS PRESIDENTIAL ELECTION. BUT LAWYERS HAVE
SOME PROFESSIONAL INTEREST THE CANDIDATES MIGHT NOT HAVE OCCASION TO
ADDRESS IN THEIR CAMPAIGNS TO THE GENERAL PUBLIC. WE WOULD
APPRECIATE YOUR SPEAKING TO THE NATION'S LAWYERS THROUGH THE
AMERICAN BAR ASSOCIATION JOURNAL BY STATING YOUR POSITION ON THESE
QUESTIONS.
1. IN MAKING NOMINATIONS TO THE FEDERAL BENCH, OTHER THAN THE
SUPREME COURT, DO YOU FAVOR CONTINUATION OF THE LONG-ESTABLISHED
ROLE PLAYED BY THE AMERICAN BAR ASSOCIATION COMMITTE ON THE FEDERAL
SF-1201 (R5-89)
FORD
DERALD
ШИ
Te egram
western union
WAC235/2
1976 SEP -! PM 6: 17
JUDICIARY IN EVALUATING THE PROFESSIONAL QUALIFICATIONS OF
PROSPECTIVE NOMINEES?
2. IN MAKING NOMINATIONS TO THE SUPREME COURT, WILL YOU ASK THE
ASSISTANCE OF THE AMERICAN BAR ASSOCIATION IN EVALUATING THE
PROFESSIONAL QUALIFICATIONS OF PROSPECTIVE NOMINEES?
3. DO YOU FAVOR THE CONTINUED DEVELOPMENT OF LEGAL SERVICES FOR THE
INDIGENT THROUGH A LEGAL SERVICES CORPORTION THAT IS WELL FUNDED AND
INDEPENDENT OF PARTISAN POLITICAL INFLUENCE?
*
4. TO MAKE LEGAL SERVICES MORE READILY AVAILABLE TO MIDDLE INCOME
GROUPS DO YOU FAVOR FEDERAL TAX EXCLUSION FOR THE VALUE OF BENEFITS
RECEIVED BY PARTICIPANTS IN PREPAID LEGAL SERVICES PLAN?
5. DO YOU FAVOR THE CREATION OF AN INDEPENDENT, PUBLICLY FUNDED
NATIONAL INSTITUTE OF JUSTICE TO CONDUCT, APPRAISE, AND CO-ORDINATE
RESEARCH AND PROGRAMS IN THE ADMINISTRATION OF JUSTICE AND THE
SF-1201 (R5-69)
GERALD LIBRARY
westem union
Telegram
WAC235/3
1975 SEP PM 6: 18
QUALITY AND EFFECTIVENESS OF JUSTICE?
S. DO YOU FAVOR STATE EXPERIMENTATION WITH AUTOMOBILE ACCIDENT
REPAIRATIONS PLANS OR DO YOU FAVOR FEDERAL LEGISLATION REQUIRING A
NATIONAL NO-FAULT INSURANCE SYSTEM OR ESTABLISHING NATIONAL
STANDARDS FOR STATE PLANS ?
7. DO YOU FAVOR THE USE OF A SPECIAL FEDERAL PROSECUTOR UNDER
CERTAIN CIRCUMSTANCES? IF SO, BY WHOM OR WHAT MEANS SHOULD THE
SPECIAL PROSECUTOR BE APPOINTED? SHOULD THE SPECIAL PROSECUTOR BE
APPOINTED ON A TEMPORARY OR PERMANENT BASES?
8. DO YOU FAVOR AN INCREASE IN THE SHARE OF L. E. A. A. AND OTHER
FEDERAL FUNDS ALLOCATED FOR COURTS, CRIMINAL JUSTICE, CORRECTIONS,
AND JUVENILE JUSTICE ?
9. DO YOU FAVOR AN INCREASE IN COMPENSATION FOR FEDERAL JUDGES ?
10. DO YOU FAVOR THE CREATION OF ADDITIONAL FEDERAL JUDGESHIPS
SF-1201 (R5-69)
ШШ
Telegram
westem union
WAC235/4
1976 SEP -1 PM 6: 18
SUBSTANTIALLY AS PROPOSED IN LEGISLATION PENDING IN CONGRESS ?
IN ORDER THAT YOUR POSITIONS ON THESE QUESTIONS MAYBE PUBLISHED IN
OUR OCTOBER ISSUE WE MUST HAVE YOUR ANSWERS BY SEPTEMBER 10 AND THE
AIISWERS SHOULD BE CONFINED TO 2,500 WORDS.
WILL YOU PLEASE ADVISE ME PROMPTLY WHETHER YOU WILL PARTICIPATE IN
THIS ENDEAVOR. IT IS NOT OUR INTENTION TO PROCEED UNLESS BOTH MAJOR
PARTY CANDIDATES ARE WILLING TO PARTICIPATE. I GREATLY APPRECIATE
YOUR CONSIDERATION OF THIS REQUEST.
RICHARD B ALLEN, EDITOR AMERICAN BAR ASSN JOURNAL 1155 EAST
60 STREET CHICAGO ILLINOIS 60637
NNNN
SF-1201 (R5-69)
FORD is STREET LIBRA
THE WHITE HOUSE
DRAFT
WASHINGTON
Dear Mr. Allen:
In accordance with your request, set forth below are
the questions raised by the American Bar Association
and my responses to them.
1. In making nominations to the Federal bench, other
than the Supreme Court, do you favor continuation
of the long-established role played by the ABA
Committee on the Federal Judiciary in evaluating
the professional qualifications of prospective
nominees?
Answer: In recognition of the value of the
investigations and findings of the ABA Standing
Committee on the Judiciary, I favor the continuation
of a prominent role for the group. It should be
noted, of course, that the appointment of United
States Judges is a Presidential responsibility under
our Constitution, subject only to the advice and
consent of the Senate, and that therefore the
results of an evaluation process by the ABA or
any other body should not be controlling.
2. In making nominations to the Supreme Court, will
you ask the assistance of the ABA in evaluating
professional qualifications of prospective nominees?
Answer: Yes. More particularly, I intend to seek
and obtain the same kind of cooperation and
assistance which the Attorney General and I sought
and obtained from the ABA Committee when Mr. Justice
Stevens was nominated and confirmed in the Fall of 1975.
3. Do you favor the continued development of legal
services for the indigent through a Legal Services
Corporation that is well funded and independent of
partisan political influence?
Answer: I favor the provision for legal services for
those at or below the poverty level, independent of
partisan political influences. The establishment of
a Legal Services Corporation as an independent agency
not subject to Executive branch management was clearly
an improvement over the legal services provided
through the old Office of Economic Opportunity, My
Administration favors continued funding of the Legal
Services Corporation, but with staged funding in
order that its operations can be better assessed.
2
Accordingly, I recommended a funding level of
$80 million for fiscal 1977, to which the
Congress added an extra $45 million. I believe
the lower level of funding is appropriate at
this time.
4. To make legal services more readily available to
middle income groups do you favor Federal tax
exclusion for the value of benefits received by
participants in prepaid legal services plans?
Answer: During Congressional consideration of
H.R. 10612, the so-called "Tax Reform Act of
1976", my Administration opposed the inclusion of
a provision which would allow for a period of five
years an employer's deduction for premiums paid
to fund employee legal services plans but, at the
same time, exclude the value of such payments or
legal benefits thereafter received, from the gross
incomes of employees.
The exclusion of this fringe benefit from
gross incomes would establish a trend of revenue
loss from $5 million for 1977 to $33 million for
1981. The provision also conflicts with the
general rule that personal expenses should not be
allowed as deductions under the Internal Revenue Code.
This provision was recently adopted by the
House-Senate conferees on H.R. 10612. It is now
anticipated that the tax bill will be before me
later this month, at which time I shall decide
whether to sign or veto the measure.
5. Do you favor the creation of an independent, publicly
funded National Institute of Justice to conduct,
appraise, and coordinate research and programs in
the administration of justice and the quality and
effectiveness of justice?
Answer: The establishment of a new National Institute
of Justice would duplicate other activities already
supported by the Federal government.
The Law Enforcement Assistance Administration
(LEAA) provides national leadership in this area,
in addition to providing block grant funds to
assist State and local criminal justice agencies.
LEAA's National Institute of Law Enforcement and
Criminal Justice, established by law in 1968, now
pursues most of the objectives called for by the
National Institute of Justice proposal. It encourages
research and innovation and provides training and
3
information for local agencies. The Administration
had asked Congress to expand the charter of the
Institute to include civil justice, but this was
rejected.
Another effective resource for states and
localities is the National Center for State Courts,
which is funded largely by LEAA but which operates
independently. The Center has received approximately
$10 million in Federal funds for more than 50
projects to assist state and local court systems in
meeting their responsibility to dispense justice.
Also important is the work of the National
Advisory Commission on Criminal Justice Standards
and Goals. The Commission has published a series
of thorough and comprehensive volumes containing
hundreds of recommendations for all elements of the
criminal justice system, including courts, corrections,
police, community crime prevention, and the criminal
justice system as a whole. These standards and
recommendations constitute a detailed blueprint for
state and local governments to consider in the
improvement of their own law enforcement and criminal
justice systems. The role of the commission is a
continuing one.
6. Do you favor experimentation with automobile accident
reparations plans or do you favor Federal legislation
requiring a national no-fault insurance system or
establishing national standards for state plans?
Answer: I support the concept underlying no-fault
automobile insurance for consideration on the state
level. However, I oppose Federal legislation
requiring a national no-fault insurance system or
establishing national standards for state plans.
Accordingly, my Administration has opposed enactment
of S. 354, the "National No-Fault Motor Vehicle
Insurance Act.
The no-fault concept offers a number of potential
benefits but enactment of a preemptive Federal plan
would be inconsistent with the traditional role of
the states in regulating insurance. It also would
preclude valuable experimentation with the concept
from state to state.
The Governors' Conference recognizes the short
comings of a preemptive Federal no-fault law and
unanimously opposes the enactment of any such program.
The Congress has also apparently seen some wisdom
in this view since, on March 31, 1976, the Senate
voted 49-45 to recommit S. 354 to the Senate Commerce
Committee.
4
7. Do you favor the use of a Special Federal Prosecutor
under special circumstances? If so, by whom or
what means should the Special Prosecutor be
appointed? Should the Special Prosecutor be
appointed on a temporary or a permanent basis?
Answer: Under our form of government the use of a
Special Federal Prosecutor presents difficult
constitutional and practical problems. If there is
compelling need for such an official, I would prefer
a Presidential appointment subject to confirmation
by the Senate.
I am troubled by the ambiguities, constitutional
and otherwise, that I perceive in the report of the
ABA's Spann Committee and its proposal for appointment
of temporary special prosecutors to handle cases as
they arise. On balance, for I doubt that any
arrangement will be entirely satisfactory, I would
prefer appointment of a permanent prosecutor with
jurisdiction over allegations of serious crimes
against ranking officials of the Executive branch,
Members of Congress, and Federal judges.
As you know, I recently expressed these views in
addressing legislation which is currently under
review in the Congress.
8. Do you favor an increase in the share of LEAA and
other Federal funds allocated for courts, criminal
justice, corrections, and juvenile justice?
Answer: Yes, as a matter of personal preference,
I would favor an increase in the proportion of
LEAA and other Federal funds for criminal justice,
juvenile justice and similar purposes. However, the
needs of police must not be overlooked. In the last
several years approximately 40 percent of the
Federal funds were for corrections, courts, juvenile
delinquency and other criminal justice programs.
Crime continues to be a major concern of the
American people and a social and economic problem
of enormous importance. The cost of crime is
estimated in the tens of billions of dollars each
year and the corrosive effect of violent street
crime, organized crime, white collar crime and other
offenses committed by one citizen against another is
beyond measure.
It must be noted, however, that law enforcement
and the administration of criminal justice is
essentially a matter for state and local governments
5
to address. No one wants a "national police force"
or Federal domination of the processes of state
and local criminal justice. Therefore, the
decisions regarding the allocation of Federal
funds for law enforcement and various local
government activities should be made at the state
and local levels, within the framework of an
overall plan for the effective use of these
Federal monies.
9. Do you favor an increase in compensation for
Federal judges?
Answer: Yes. I have pressed for adequate pay
for Federal judges throughout my Administration
and will continue to do SO.
10. Do you favor the creation of additional Federal
judgeships?
Answer: I favor a relatively modest increase in
the number of Federal judges, substantially as
provided in the present Omnibus Bill passed by the
Senate this year and now pending in the House of
Representatives. But I strongly doubt that we can
continue to add judges without limit to meet
burgeoning case loads in the Federal courts. I
think the wiser course for the future is to limit
the jurisdiction and business of the courts where
appropriate; indeed, I am now considering proposals
to this end recently made to me by the Attorney
General.
Sincerely,
Mr. Richard B. Allen
Editor, ABA Journal
1155 E. 60th Street
Chicago, Illinois 60637
THE WHITE HOUSE
WASHINGTON
September 28, 1976
FOR: FRED SLIGHT
FROM: KEN LAZARUS
Attached is a draft response
to the American Judicature
Society. The Society requested
a letter no later than
October 1st.
CC: Phil Buchen
09842 GREATO FOND BERATOR
THE WHITE HOUSE
WASHINGTON
DRAFT
Dear Judge Pringle:
This responds to your letter of August 23 on behalf of
the Society in which you pose a question as follows:
If you should be elected to the Presidency,
would you initiate a process leading to a
system of merit selection for Federal
Judges designed to insure appointment to
the Bench of men and women of highest
professional and personal qualifications
without regard to political affiliations?
In responding to your inquiry, I would first note that
the quality of Federal justice depends directly on the
quality of Federal judges. There are currently 596
Article III judgeships in the various Federal court
systems, including the Supreme Court, the Circuit
Courts of Appeals, District Courts, the Court of
Claims, the Court of Customs and Patent Appeals and
the Customs Court.
During my term of office as President, I have attempted
to utilize my powers to ensure the selection and
appointment of judges of high quality to the Federal
bench. In this regard, I might note that in terms of
political affiliation, my appointments have been dis-
tinctly less partisan than those of any other President
in recent history. Moreover, approximately one-half of
my appointments to the Federal bench have been rated as
"well qualified" or "extremely well qualified" by the
American Bar Association. All but two of my appointments
have been endorsed by the Association.
Although the quality of the Federal bench is generally
high and perceived to be high, few would deny that there
is room for improvement on both the trial and appellate
levels. We must therefore bend our efforts to assure
the greatest excellence in judicial appointments.
No process of judicial selection can completely ensure
the appointment of highly qualified judges. However,
despite the fact that there are no magic formulas in the
area of judicial selection, it is certainly appropriate
to question whether the method of selection that
FORD
currently exists moves in the direction of achieving
optimum results.
GERALD
LIBRARY
-2-
As a matter of law, Federal judges are appointed by
the President, "by and with the advice and consent of
the Senate." However, in point of fact, there has
developed over the years a system of judicial selection
which has come to be known as "Senatorial courtesy."
This phrase refers to a veiled selection process which
is heavily political and grounded in outdated notions
of Senatorial patronage. I question whether this
system is consistent with the interests of the American
public and the needs of the Federal judicial system.
A greater degree of independence, participation and
public visibility would, I believe, enhance the process.
My administration is currently considering a number of
options to provide the basis for a fundamental re-
assessment of the judicial appointment process. Three
considerations are central to this analysis: (1) the
standards to be utilized in the selection of candidates
for judicial appointment; (2) the proper roles of the
various individuals and institutions concerned with
the selection of judicial candidates; and (3) procedures
and structures to attract and retain highly qualified
judicial personnel.
In closing, may I say that I share the Society's concern
for excellence on the Federal bench and that I
appreciate this opportunity to communicate with your
membership on this most important subject.
Sincerely,
Gerald R. Ford
Honorable Edward E. Pringle
Chairman
American Judicature Society
200 W. Monroe Street, Suite 1606
Chicago, Illinois 60606
LIBRARY GERALD B. FORD
American Judicature Society
to promote the effective administration of justice
President
Arlin M. Ad
Chairman of the Bo.
Edward E. Pri
Vice Presidents
Fletcher G. F
Ralph W. E
Chester M. ,
Secretary
August 23, 1976
R. R. Bosh
Treasurer
John C. McN
Executive Director
Frederick D.L
My Dear Mr. Fresident:
The American Judicature Society, founded in 1913, is
a nationwide organization of 35,000 citizens, lawyers,
and judges whose purpose is to promote the effective
administration of justice. One of its major objectives
is to improve the quality of judges and to remove the
processes through which judges are selected from partisan
party politics. The Society shares a growing public con-
cern over methods of appointing federal judges.
At its annual meeting in Philadelphia on July 3,
1976, the Society's Board of Directors, composed of 149
outstanding lawyers, judges and laymen, adopted a res-.
clution directing that an inquiry on this subject be
submitted to each of the two major party candidates for
President of the United States. Although mindful of
the screening role in the judicial nominating process
performed by the American Bar Association, and without
in any way being critical of it, the Society seeks the
personal assurance of your answer to this question which
I respectfully submit:
If you should be elected to the Presidency,
would you initiate a process leading to a
system of merit selection for Federal Judges
designed to insure appointment to the Bench
of men and women of highest professional and
personal qualifications without regard to
political affiliations?
It is the intention of the Society that your response
will be circulated among its members on or before October
1st and concurrently released to the National Press.
There is enclosed material prepared by the Society relat-
ing to the merit selection process in the state courts, FORD
LISARAY GERALD
-2-
The President
August 23, 1976
A distinguished committee of the Society has embarked on
a study as it relates to the Federal Judiciary and its
findings and recommendations will, upon completion, be
made available to you. I look forward to receiving your
views on this matter of such great importance to the
maintenance of a competent and impartial judiciary.
Very respectfully yours,
Edward E. Ruigle
Edward E. Pringle
Chairman of the Board 1975-76
The President
The White House
Washington, D. C. 20500
jw
enc.
FORD i LIBRARY
AMERICAN BAR ASSOCIATION
ABA
OFFICE OF THE PRESIDENT
JUSTIN A. STANLEY
AMERICA BAR CENTER
CHICAGO, ILLINOIS 60637
TELEPHONE: 312/947-4042
October 19, 1976
file
The President
The White House
1600 Pennsylvania Avenue
Washington, D. C. 20500
Dear Mr. President:
On behalf of the more than 210,000 members of the
American Bar Association, I thank you for taking the
time to respond in the manner that you did to the
questions we posed concerning current problems relating
to the administration of justice.
For your information I am enclosing a copy of the
October issue of the Journal in which your views, along
with those of Governor Carter, were published. This
exchange will reach all of our members, and will permit
them to make a more fully informed decision as they go
to the polls next month.
Cordially,
Justin A. Stanley
JAS/mlk
Enclosure
bcc: Philip W. Buchen, Esquire
10/22 no enclose rec'd
FORD is LIBRARY QERALD
ABA
Wednesday 11/17/76
Meeting
11/19/76
2:30 p.m.
3:50 We have scheduled the appointment for
Harry Lambeth who is doing an article for
the American Bar Association Journal --
for 2:30 p.m. on Friday 11/19.
LIBRARY GERALD R. FORD
9:55 a.m.
Wednesday,
November 17, 1976
Mr. Harry I Lambeth (Law firm of Barton & Lambeth) would like
to visit with you at some point to talk about lawyer
Presidents. He is doing an article for the American
Bar Association/ and believes that you could be of help
since you and the President were partners.
Says he has met the President though he doubts the President
would remember him.
638-0555
FORD & QERALD LIBRARY