ant Attorney General 16 years ago that committees of Congress do not give you money in appropriations unless you make your case. I think the courts have got to make their case. And I would put as a very high priority studies by the judges and others that would make the case of what tools we need that we do not now have and what we will do with them if you give them to us. Senator Cook. In that regard, to elaborate slightly on a question that was asked by Senator Tydings in regard to the number of judges and the current caseloads, do you think it might well be necessary in the future to break up some of the Federal circuits. Judge BURGER. I would certainly regard that as part of the overall reexamination of the whole structure, Senator. The whole thing has to be looked at again. Senator Cook. Now, just two final questions. The chairman asked you whether the Constitution was the Constitution and that is what it was. And you answered certainly in the affirmative. And I might ask you this: You have dissented on many occasions because you felt that it was your right and your duty to dissent. And you certainly feel that the right to dissent is an integral part of this society as long as it is done within the framework of the law, do you not? Judge BURGER. At every level, through the courts, through the public, through students, through every citizen in this country. Senator Cook. And you certainly do feel that interpretation of the basic doctrine of this country is essential at all times? Judge BURGER. It must be. Someone must say what it means. As a lawyer who only started practicing in 1950, and being a freshman member of this committee, I can only say to you that I consider it a great honor as one of my first acts as member of the Judiciary Committee to confirm the nomination of you to be the Chief Justice of the United States. Judge BURGER. Thank you, Senator Cook. The CHAIRMAN. Senator Mathias. Senator MATHIAS. Thank you, Mr. Chairman. Judge, I would like to add my personal congratulations and my personal welcome to those that have already been expressed by the chairman and other members of the committee. Let me say that I think in your appearance here today you have certainly been a model of judicial restraint and very properly so. I think that you have met the questions of the committee and yet reserved to yourself the very widest measure of judicial discretion which you will need in years to come. And I think it is a first task which is well passed. As Senator Cook said, it is very hard for those of us who sit at the end of the bench to fulfill the scriptural promise that the last shall be first in any subject that we might have to explore here today. I would like to revert to the area of judicial administration which my colleague from Maryland, Senator Tydings, has raised and Senator Cook raised, in the light of a statement made in an editorial in the Washington Post on May 23, which said that: In terms of the administration of the courts, Judge Burger probably has a deeper understanding and certainly has had more experience with the problems involved than any other man ever nominated to be Chief Justice. This certainly is a deserved and a splendid accolade. It also is a tremendous challenge and a tremendous responsibility. I am encouraged by your answer to Senator Cook that you feel that there are areas beyond the traditional adversary proceedings which we may wish to examine, or at least if not beyond adversary proceedings, auxiliary to them. Do I understand correctly that you would explore the possibilities in this area? Judge BURGER. With every available implement that we know of, the American Bar Association, the Federal Bar Association, the American Law Institute, the Institute of Judicial Administration, and there are many others that I could name. And I think judges must use these tools. These organizations have done magnificent work because they are a cross section of the legal profession, including judges. And I know that they stand ready to do more. And it is for the judges to ask them. And their contributions have been so generous in the past in terms of the time of lawyers that I know that they will be a big factor in solving, helping to solve some of these problems. Senator MATHIAS. The Chief Justice of the United States, in addition to his constitutional powers, is in a position to exercise tremendous leadership throughout the profession. Do you believe that not only the bench and bar but the law schools and the related institutions can be mobilized to assist us in this drive? Judge BURGER. Very definitely. In the article which Senator Byrd referred to in the Ohio Bar Journal, I alluded to the tremendous contribution made by the law schools and the bar associations in the formulation of the "Federal Rules of Civil Procedure," which was one of the great, great advances in all the legal history of this country. And the same was repeated in the "Federal Rules of Criminal Procedure." But that process has got to be used to its fullest potential. And the law schools do make a great contribution in that area. Senator MATHIAS. It is a great pleasure to have you here today, sir, and it will be a great pleasure to support your nomination. Judge BURGER. Thank you, Senator. The CHAIRMAN. Senator Bayh. Senator BAYH. Mr. Chairman, I regret that I had to be at another executive committee meeting reporting out a bill and was not able to be here. I understand that Judge Burger has responded excellently to a number of questions, and I can see that little would be gained by furthering this. I just add my compliments, sir, to those that you have already received. Judge BURGER. Thank you, Senator Bayh. Thank you very much. The CHAIRMAN. I will ask everyone to keep his seat until Judge Burger goes out of the room. There will be an executive meeting of the committee in this room. Judge BURGER. Mr. Chairman, may I have the record show my deep appreciation to the past presidents of the American Bar Association, of the Federal Bar and the District Bar and my deep appreciation to the members of this committee for hearing me today. Thank you. The CHAIRMAN. Yes, sir. (Whereupon, at 12:20 p.m., the committee recessed to reconvene in executive session.) APPENDIX TELEGRAMS COLUMBUS, OHIO, June 1, 1969. Senator JAMES O. EASTLAND, I wish to express my strong personal endorsement of Judge Burger's appointment as Chief Justice. His activity in the American Bar Association and particularly his chairmanship of the Committee on Minimum Standards for the administration of criminal justice has been characterized by dedication, intelligence, and a high level of administrative ability. His judicial career has been marked by like qualities. I trust his appointment will have early and favorable action by your committee. EARL F. MORRIS, American Bar Association. PACIFIC PALISADES, CALIF., June 1, 1969. Senator JAMES O. EASTLAND, As a former president of the Federal Bar Association, and a former judge of the U.S. Court of Appeals for the Washington, D.C., Circuit, I am happy to join in urging the appointment of Judge Warren Burger as Chief Justice of the U.S. Supreme Court. JUSTIN MILLER. MEMPHIS, TENN., June 2, 1969. Senator JAMES EASTLAND, Chairman, Senate Judiciary Committee, Strongly urge confirmation Jed Burger as Chief Justice, Supreme Court. His qualifications, ability, credit for the position. EDWARD W. KUHM, Past President, American Bar Association. PRESCOTT, ARIZ., June 3, 1969. Hon. JAMES EASTLAND, As a former president of the American Bar Association and currently as a U.S. district judge, please include in your deliberations my personal recommendation on the confirmation of Hon. Warren E. Burger as Chief Justice of the United States. WALTER E. CRAIG. LOS ANGELES, CALIF., June 2, 1969. Senator JAMES EASTLAND, Chairman, Judiciary Committee, U.S. Senate, Washington, D.C.: May I respectfully be permitted to add my voice as a past president of the American Bar Association heartily approving the nomination and appointment of (25) Judge Burger as Chief Justice of the Supreme Court of the United States. His record would indicate that under his guidance, ethical conduct and the true function of the Court would be restored. Most sincerely, L. W. WRIGHT. CHICAGO, ILL., June 2, 1969. Hon. JAMES O. EASTLAND, Chairman, Judiciary Committee, U.S. Senate, Washington, D.C.: This is to recommend favorable advice and consent to the appointment of Judge Warren E. Burger as Chief Justice of the United States. I was admitted to the bar in Raleigh, Miss., in 1915; in Atlanta, Ga., in 1916; and in Illinois in 1938, where I continue to practice. I was president of the Federal Bar Association in Washington in 1937 and 1938. HORACE RUSSELL. WASHINGTON, D.C., June 2, 1969. Senator JAMES O. EASTLAND, Chairman, Senate Judiciary Committee, I support the confirmation of Warren E. Burger to be Chief Justice of the United States. Many years of acquaintance and personal affiliation give me personal knowledge of his integrity and reason to urge confirmation as a service to the people of the United States. MARGUERITE RAWALT, Past President, Federal Bar Association. WASHINGTON, D.C., June 2, 1969. Hon. JAMES O. EASTLAND, Chairman, Senate Judiciary Committee, As a former president of the Federal Bar Association I urge confirmation of Warren E. Burger who has judgment, legal knowledge, and stands for law and order. PAUL H. GANTT, Hon. JAMES EASTLAND, PHILADELPHIA, PA., June 3, 1969. Chairman, Committee on the Judiciary, Regret unable to be present today to support Hon. Warren E. Burger's nomination for Chief Justice. Urge prompt confirmation of this distinguished lawyer, jurist, and American. THOMAS G. MEEKER, Former President, Federal Bar Association. Senator JAMES O. EASTLAND, BETHESDA, MD., JUNE 2, 1969. Chairman, Senate Judiciary Committee, Washington, D.C.: I strongly urge that Federal Judge Warren E. Burger be confirmed as Chief Justice of the Supreme Court. Judge Burger's ability and integrity are well known. Confirmation will be in the best interest of the Court and the country. Respectfully, WILLIAM N. MORELL, National President, Federal Bar Association. |