July 13, 1998

Daniel J. Meador
Executive Director
Commission on Structural Alternatives
for the Federal Courts of Appeals
Thurgood Marshal Federal Judiciary Building
One Columbus Circle, N.E.
Washington, DC 20544

Dear Mr. Meador:

Thank you for contacting me concerning the scheduled public hearings regarding the Commission on Structural Alternatives for the Federal Court of Appeals. I will attempt to comment briefly on the questions posed by the Commission.

1. The primary problem I perceive revolves around the ongoing delays in the confirmation process due to the political environment in Congress. The primary criteria for judicial selection should be legal ability and experience rather than political ideology. Unfortunately, the political process in Washington has become embroiled in excessive partisanship. This has resulted in delays in the Senate in reviewing and confirming judicial appointments. As you know, there are a number of judicial positions that remain vacant due to these political problems.

In addition, judicial salaries continue to lag behind those in private practice. I hope the Commission supports increases in judicial salaries.

Turning now to the criminal area, the federal system as a whole, including the appellate system, is inundated with a growing criminal case load. This case load increase has resulted from new federal laws expanding federal crimes as well as pressures on the system resulting from mandatory sentencing guidelines. It is disturbing to see that the United States of America has a higher percentage of its citizens in prison than almost any country in the world. I would support a thorough review of our criminal justice system with a goal reducing criminal behavior in ways that fall short of criminal prosecution. Particular areas of concern should focus on the nation's drug laws and mandatory sentencing guidelines associated with those laws.

2. All of the problems mentioned in Section 1 have their genesis in congressional action or inaction. The Commission should support a return to bi-partisanship in the judicial confirmation process. Moreover, the Commission should support a review of our criminal laws including the use of mandatory sentencing guidelines.

3. The federal appellate system includes very fine people who man the Clerk's office, organize dockets, and assist litigants in getting their cases scheduled and heard. Appellate court judges, as a rule, are extremely hardworking and well qualified. The only negative comment again has to do with the increased politicali-zation of the federal system as a result of increased partisanship in Congress. Federal appellate decisions should be based on the law and the facts and not some predetermined political or social agenda. As members of the Bar, we should all work to support a non-political Federal Appellate system.

I appreciate the opportunity to comment to the Commission. I will forward this letter to the Commission via fax as well as mail. If you would like me to testify in person, please contact me immediately.

As I mentioned, I would recommend Jeff Levinger of Carrington, Coleman to the Commission as an individual who is quite knowledgeable of our Federal Appellate system. Jeff's direct line is (214) 855-3036.

Best of luck to the Commission.

Very truly yours,

Sylvia M. Demarest

SD:tmc