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NONJUDICIAL ACTIVITIES OF SUPREME COURT JUSTICES
AND OTHER FEDERAL JUDGES

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BEFORE THE

SUBCOMMITTEE ON
SEPARATION OF POWERS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

49-936 O

NINETY-FIRST CONGRESS

FIRST SESSION

ON

NONJUDICIAL ACTIVITIES OF
SUPREME COURT JUSTICES AND OTHER FEDERAL JUDGES
AND

S. 1097-A BILL TO ENFORCE THE PRINCIPLE OF SEPARATION
OF POWERS BY AMENDING TITLE 28, UNITED STATES CODE,
TO PROHIBIT THE EXERCISE OR DISCHARGE BY JUSTICES
AND JUDGES OF THE UNITED STATES OF NONJUDICIAL GOV-
ERNMENTAL POWERS AND DUTIES

AND

S. 2109-A BILL TO PROVIDE FOR FINANCIAL DISCLOSURE BY
MEMBERS OF THE FEDERAL JUDICIARY

JULY 14, 15, AND 16; AND SEPTEMBER 30, 1969

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1970

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CONTENTS

HEARING DAYS

Griffin, Hon. Robert P., a U.S. Senator from the State of Michigan..

Isenbergh, Max, professor of law, American University Law School..

Karlen, Delmar, professor of law, New York University; director of the
Institute of Judicial Administration, Inc., New York, N. Y
Lewis, Hon. David T., judge, U.S. Court of Appeals for the Tenth Circuit....
Patterson, L. Ray, professor of law, Vanderbilt University, statement
prepared in collaboration with Elliott E. Cheatham, professor of law,
Vanderbilt University.

Reed, Hon. Stanley F., a Justice of the Supreme Court of the United

States, Retired..

Rifkind, Hon. Simon H., former judge of the U.S. District Court for the
Southern District of New York; of the law firm of Paul, Weiss, Goldberg,
Rifkind, Wharton & Garrison, New York, N. Y..

Rubin, Dr. Eva Redfield, Department of Politics, North Carolina State

University at Raleigh..

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192

Statements-Continued

Fahy, Hon. Charles, senior judge, U.S. Court of Appeals for the
District of Columbia Circuit_ _ _

Forkosch, Morris D., professor of law, Brooklyn Law School.
Kennedy, Frank R., professor of law, University of Michigan Law
School

Miller, Arthur S., professor of law, The George Washington Univer-
sity.

Sandalow, Terrance, professor of law, University of Michigan Law
School.

Thorsness, Lionel George, attorney at law, Chicago, Ill.
Thurman, Samuel D., dean of the University of Utah College of Law..
Whittaker, Hon. Charles Evans, a former Justice of the Supreme
Court of the United States..

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Winter, Ralph K., Jr., professor of law, Yale University; consultant to the Subcommittee on Separation of Powers__

325

Correspondence:

Ervin, Hon. Sam J., Jr., chairman, Subcommittee on Separation of
Powers, letter soliciting views..

218

Biggs, Hon. John, Jr., senior judge, U.S. Court of Appeals for the
Third Circuit.......

221

Blackmun, Hon. Harry A., judge, U.S. Court of Appeals for the
Eighth Circuit_

223

Bork, Robert H., professor of law, Yale University.
Chicago Bar Association, Frank Greenberg, president

224

226

Cox, Hon. William Harold, chief judge, U.S. District Court, Southern
District of Mississippi. -

228

Craven, Hon. J. Braxton, Jr., judge, U.S. Court of Appeals for the
Fourth Circuit _ _

233

Dawkins, Hon. Ben. C., Jr., chief judge, U.S. District Court, Western
District of Louisiana__.

235

Donnici, Peter J., associate professor of law, University of San
Francisco_.--

236

Edwards, Hon. George, judge, U.S. Court of Appeals for the Sixth
Circuit; with attachments..

236

Erickson, W. H., attorney at law, of the firm of Hindry, Erickson &
Meyer, Denver, Colo....

240

Field, Hon. John A., Jr., chief judge, U.S. District Court, Southern
District of West Virginia.

243

Foley, Hon. James T., chief judge, U.S. District Court, Northern
District of New York.

244

Ganey, Hon. J. Cullen, senior judge, U.S. Court of Appeals for the
Third Circuit__.

256

Gest, John B., attorney at law, Philadelphia, Pa

257

Gose, Thomas P., attorney at law, of the firm of Gose & Gose, Walla
Walla, Wash.

258

Gourley, Hon. Wallace S., chief judge, U.S. District Court, Western
District of Pennsylvania___

258

Groves, Harry E., professor of law, College of Law, University of
Cincinnati

259

Hastie, Hon. William H., chief judge, U.S. Court of Appeals for the
Third Circuit....

260

Haynsworth, Hon. Clement F., Jr., chief judge, U.S. Court of Appeals for the Fourth Circuit____

260

Hays, Hon. Paul R., judge, U.S. Court of Appeals for the Second
Circuit

262

Hoffman, Hon. Walter E., chief judge, U.S. District Court, Eastern
District of Virginia___

262

Howard, A. E. Dick, associate dean, University of Virginia..

264

Kauper, Paul G., professor of law, the University of Michigan Law
School...

265

Kennedy, Frank R., professor of law, University of Michigan Law
School...

273

Leahy, James E., associate professor, California Western UniversityLeventhal, Hon. Harold, judge, U.S. Court of Appeals for the District of Columbia Circuit....

276

278

Correspondence-Continued

Lewis, Hon. David T., judge, U.S. Court of Appeals for the Tenth
Circuit...

Maxwell, Hon. Robert E., chief judge, U.S. District Court, Northern
District of West Virginia; with attachment_

McGowan, Hon. Carl, judge, U.S. Court of Appeals for the District of
Columbia Circuit..

McNalley, Hon. L. A., judge, U.S. District Court, 28th Judicial Dis

trict of Kansas; president, Kansas Bar Association..

Merrill, Maurice H., George Lynn Cross Research Professor of Law,
Emeritus, the University of Oklahoma.......

Miller, Arthur S., professor of law, The George Washington Univer-
sity..

Miller, Hon. John E., senior judge, U.S. district court, Fort Smith,
Ark..

Missouri Bar, Wade F. Baker, executive director__

Nutting, Charles B., professor of law, The George Washington Univer-
sity.

Ohio State Bar Association, Robert D. Moss, president..
Percy, Billups P., professor of law, Tulane University..

Phillips, Hon. Orie L., judge, U.S. Court of Appeals for the Tenth
Circuit.

Pieck, Manfred, professor of law, Creighton University.

Ratner, Leonard G., professor of law, University of Southern Cal-
ifornia Law Center._.

Register, Hon. George S., chief judge, U.S. District Court, District of

North Dakota..

Rice, Charles E., professor of law, School of Law, Fordham University
Robinson, D. W., attorney at law, of the firm of Robinson, McFadden

& Moore, Columbia, S.C...

Sands, C. Dallas, professor of law, University of Alabama..
Schatzki, George, professor of law, University of Texas at Austin..
Seeburger, Richard H., associate professor of law, School of Law,

University of Pittsburgh..

Swinford, Hon. Mac, judge, U.S. District Court, Eastern and West-
ern Districts of Kentucky..

Taylor, Hon. Robert L., judge, U.S. District Court, Eastern District
of Tennessee....

Taylor, Telford, professor of law, Columbia University School of Law..
Thorsness, Lionel George, attorney at law, Chicago, Ill.; with

attachment_

Tinkham, Richard P., president, State Bar of Wisconsin
Traynor, Hon. Roger J., chief justice, Supreme Court of California_
von Ammon, Philip E., president, State Bar of Arizona....

Wechsler, Herbert, professor of law, Columbia University School of

Law

White, A. A., professor of law, University of Houston....

Whyte, James P., associate dean and professor of law, College of
William and Mary-

Williams, Chas. A., attorney at law, of the firm of Chas. A. Williams
& Associates, Paducah, Ky.

Wright, Hon. Caleb M., chief judge, U.S. District Court, District of
Delaware.

LEGISLATIVE MATERIALS

S. 1097, a bill to enforce the principle of separation of powers by amending
title 28, United States Code, to prohibit the exercise or discharge by
justices and judges of the United States of nonjudicial governmental
powers and duties; introduced by Hon. Sam J. Ervin, Jr., a U.S. Senator
from the State of North Carolina; 91st Congress, first session_.
"S. 1097-Introduction of bill relating to nonjudicial duties of Federal
Judges," Hon. Sam J. Ervin, Jr., a U.S. Senator from the State of North
Carolina, Congressional Record, volume 115, No. 33, February 25,
1969.

S. 2109, a bill to provide for financial disclosure by members of the Federal judiciary; introduced by Hon. Robert P. Griffin, a U.S. Senator from the State of Michigan; 91st Congress, first session_

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