Mr. Speaker, I submit the following items for inclusion in the Record regarding the House floor consideration of H.R. 4472 on March 8, 2006. March 7, 2006. Dear Representative Conyers: On behalf of the Judicial Conference of the United…
Mr. Speaker, I submit the following items for inclusion in the Record regarding the House floor consideration of H.R. 4472 on March 8, 2006.
March 7, 2006.
Dear Representative Conyers: On behalf of the Judicial
Conference of the United States, the policy-making body of
the federal judiciary, I am writing to convey its views
regarding the provisions contained in H.R. 4472, the
``Children's Safety and Violent Crime Reduction Act of
2005.''
We would like to emphasize that there are several ways in
which this bill will be helpful to the Judiciary, even though
there are some provisions about which we have concerns or
would wish to modify. In particular, we greatly appreciate
inclusion in this bill of important measures designed to
improve the security of our federal courts. Some of the
impetus for these court security provisions in the bill arose
from the tragic circumstances surrounding the murder of
family members of Judge Joan Lefkow of the United States
District Court for the Northern District of Illinois. Her
husband and mother were shot and killed by a disgruntled
litigant.
The current bill contains several provisions that are of
particular interest to the federal courts and that are
supported by the Judicial Conference. One provision of the
bill requires the United States Marshals Service to consult
with the Administrative Office of the United States Courts
regarding the security requirements of the judicial branch.
While this is a positive amendment to current law, we believe
that the United States Marshals Service should be required to
``coordinate'' with the judicial branch.
The bill contains two other provisions that are supported
by the Judicial Conference including one that will help
protect judges from the malicious recording of fictitious
liens and another that extends to federal judges the
authority to carry firearms under regulations prescribed by
the Attorney General in consultation with the Judicial
Conference of the United States. The latter provision says
that, with respect to justices, judges, magistrate judges and
bankruptcy judges, such regulations ``may'' provide for the
training and regular certification in the use of firearms.
The Judicial Conference believes that the training and
certification requirement should be mandatory and that
``shall'' should replace ``may.''
While the bill addresses many important issues of interest
to the Conference, the bill also contains some provisions
about which we are concerned, which we briefly address below.
The bill would amend the habeas corpus procedures set out
in 28 U.S.C. Sec. Sec. 2264 and 2254 to bar federal court
review of claims based upon an error in an applicant's
sentence or sentencing that a court determined to be harmless
or not prejudicial, that were not presented in state court,
or that were found by the state court to be procedurally
barred, ``unless a determination that the error is not
structural is contrary to clearly established federal law, as
determined by the Supreme Court.'' This section is similar to
a provision of the Streamlined Procedures Act (H.R. 3035 and
S. 1088, 109th Congress) that was opposed by the Judicial
Conference as described in a September 26, 2005 letter sent
to members of the House Judiciary Committee. The Conference
specifically opposed sections of the Streamlined Procedures
Act that would limit judicial review of procedurally
defaulted claims and harmless errors in federal habeas corpus
petitions filed by state prisoners. Those provisions had the
potential to:
(1) Undermine the traditional role of the federal courts to
hear and decide the merits of claims arising under the
Constitution;
(2) Impede the ability of the federal and state courts to
conduct an orderly review of constitutional claims, with
appropriate deference to state-court proceedings; and
(3) Prevent the federal courts from reaching the merits of
habeas corpus petitions by adding procedural requirements
that may complicate the resolution of these cases and lead to
protracted litigation. . . .
The habeas provision in this bill raises similar concerns
and is opposed by the Judicial Conference.
Another section would make it a federal crime for a person
to knowingly fail to register as required under the Sex
Offender Registration and Notification Act if the person is
either a sex offender based upon a federal conviction or is a
sex offender based on a state conviction who thereafter
travels in interstate or foreign commerce, or enters or
leaves, or resides in, Indian country. Because the
requirement to register under that act would include
convictions in state courts, this has the potential to expand
federal jurisdiction over large numbers of persons whose
conduct would previously have been subject to supervision
solely by the state courts. In addition, as the bill requires
the states to expand systems for supervising all persons
convicted of specified offenses, the expansion of federal
jurisdiction into this area risks duplication of effort and
conflicts between the federal and state systems.
The bill would amend 18 U.S.C. Sec. 5032 to allow a
juvenile who is prosecuted for one of the specified crimes of
violence or firearms offenses to ``be prosecuted and
convicted as an adult for any other offense which is properly
joined under the Federal Rules of Criminal Procedure, and
also [to] be convicted as an adult of any lesser included
offense.'' Given that joinder of offenses is liberally
allowed under the Rules, and that the bill further provides
that the determination of the Attorney General to proceed
against a juvenile as an adult is an exercise of unreviewable
prosecutorial discretion, this provision could result in the
federal prosecution of juveniles for myriad offenses if they
are also prosecuted for a felony crime of violence or a
firearms offense.
The bill contains various provisions that expand the
application of mandatory minimum sentences. The Judicial
Conference opposes mandatory minimum sentencing provisions
because they undermine the sentencing guideline regime
Congress established under the Sentencing Reform Act of 1984
by preventing the systematic development of guidelines that
reduce unwarranted disparity and provide proportionality and
fairness in punishment. While we recognize the desire to
increase the security of persons associated with the justice
system, we believe that this can be accomplished without
resort to the creation of mandatory minimums.
I appreciate having the opportunity to express the views of
the Judicial Conference on H.R. 4472, the ``Children's Safety
and Violent Crime Reduction Act of 2005.'' If you have any
questions regarding this legislation please contact Cordia
Strom, Assistant Director, Office of Legislative Affairs.
Sincerely,
Leonidas Ralph Mecham,
Secretary, Judicial Conference
of the United States.