October 29, 1998
Re: Comments on the White Commission Draft Report By the Ninth Circuit Judicial Council
Dear Justice White and Members of the Commission:
The Judicial Council of the Ninth Circuit met on October 26, 1998. The principal item on the agenda was a discussion of the Commission Draft Report. The Judicial Council is composed of four district judges, four circuit judges, and the chief judge, together with a representative from the bankruptcy judges, the magistrate judges, and the senior judges, who are non-voting members but are full participants in discussions.
The Judicial Council earlier this year strongly endorsed maintaining the circuit completely in tact, because it is functioning well as it is in serving the western United States. This would still be the preference of the Judicial Council. However, the discussion brought out the fact that there was considerable congressional pressure to divide the Ninth Circuit, and that the proposals of the Commission presented some alternatives that we should carefully consider and work with constructively.
The Analysis of the Chief Judge of the Ninth Circuit that had been furnished to the Judicial Council was discussed at the meeting and is attached hereto. A motion was passed, with one negative vote,/ to respond to the Commission basically as suggested in the Analysis, and to emphasize that the following important modifications should be made to the Commission=s proposals for the Ninth Circuit.
The Ninth Circuit Judicial Council expresses its gratitude for the hard work and careful study put in by the members of the Commission but sincerely hopes that the Commission will adopt the suggested modifications to their proposal for the Ninth Circuit.
Yours sincerely,
PROCTER HUG, JR.
Chief Judge
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Enclosure