JURIST Guest Columnist Carl Tobias of the University of Richmond School of Law says that Senators considering the nomination of Judge John Roberts, Jr. as Chief Justice of the United States should not overlook his potential administrative responsibilities, including leadership of the Judicial Conference of the United States, the policymaking arm for the federal courts …

I can imagine that there will be a heartfelt moment of silence at Tuesday’s meeting of the Judicial Conference of the United States, although the Conference session will be conducted behind closed doors. The two dozen members of the Judicial Conference will reflect poignantly on the absence of their “Chief”- the late Chief Justice William H. Rehnquist. He has been the respected and beloved leader of the Conference for the past two decades. The Chief Justice of the United States (the proper title of the office – not “Chief Justice of the Supreme Court” – as Chief Justice Warren Burger was fond of reminding people) heads the Conference, which is the policymaking arm for the 13 federal appeals courts and the 94 federal district courts. Its membership comprises the chief judges of every judicial circuit as well as a district judge who is elected from each judicial circuit.

The biannual meeting also furnishes a paradigmatic example of the approximately sixty ex officio responsibilities which Congress has assigned the Chief Justice by statute in addition to the judicial duties which the Chief has to decide cases and to oversee the Supreme Court’s internal operations. How Circuit Judge John G. Roberts, Jr., President George W. Bush’s nominee for Chief Justice, will discharge the administrative responsibilities of the office should be of paramount concern in the Senate confirmation process. Senate Judiciary Committee hearings, which were rather protracted and comprehensive, concluded last Friday and the Committee vote is scheduled for Thursday, while Senate floor debate on the nominee will commence next week and the final vote may also be taken at that time.

The Judicial Conference of the United States formulates and implements federal court policy. Its numerous, expert committees develop policies ranging across a broad spectrum. One field involves courthouse construction and security, the latter of which has become essential, given the murder of a Chicago district judge’s family members and recent courthouse violence. Another area is federal jurisdiction, which Congress has generally expanded over the last half century, although some lawmakers have recently threatened to strip federal court jurisdiction in controversial areas, such as religion and gay rights. A third significant area is federal court budgets, which Congress severely limited last year and which are crucial to the federal judiciary’s prompt, fair and inexpensive resolution of civil and criminal disputes. A fourth area is the rules of practice and procedure that govern federal court litigation. Numerous Conference committees study the admiralty, appellate, bankruptcy, civil, criminal and evidentiary rules and formulate suggestions for improvements which the Supreme Court usually adopts. These Conference activities are central to the operations of the federal courts with Congress’s essential support and cooperation.

A fundamental role which the Chief Justice performs through the Judicial Conference is staunchly protecting judicial independence, and this duty has peculiar contemporary salience. Congressional threats are in the air that would strip federal court jurisdiction, dictate the sentences which judges mete out to convicted persons, reduce court funding, and even impeach judges. This congressional antagonism towards the courts makes safeguarding judicial independence the highest modern priority. After all, it is through our federal courts that the United States achieves the goal in the Constitution’s preamble to “establish justice.”

The Judicial Conference of the United States session on Tuesday is an apt occasion for honoring Chief Justice Rehnquist’s many profound contributions to justice. The meeting also trenchantly reminds the nation of the office’s many important responsibilities. Senators asked Judge John Roberts several cogent questions about how he expects to fulfill these administrative duties, and the nominee furnished candid, thorough responses. The office of Chief Justice of the United States requires wisdom, vision, and dedication to excellence in the administration of the entire judiciary – the Supreme Court, the appeals court and the district courts.

Carl Tobias is the Williams Professor of Law at the University of Richmond
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