More specifically, Meserve said the committee would look into some functions of the U.S. Department of Justice and other agencies "which can somehow be removed from politics more than they have been." He added that one question the committee would likely examine is whether the Attorney General, "who is politically responsible to the President in the same sense as any other member of the Cabinet," ought to have ultimate responsibility for investigating and prosecuting some types of federal crimes. "This is another way of saying that there may be some functions presently part of the activity of the Department of Justice or other agencies which can somehow be removed from politics more than they have been," Meserve added. While the panel's assignment from the Association's board of governors is broad in nature, Meserve emphasized that its works "is not intended to probe Watergate." He noted that the ABA board resolution creating the group emphasized that its activities were not intended to duplicate any current investigations but rather to explore ways to make the law enforcement agencies professionally independent legal arms of the government by insulating them from partisan influences." Others named to the committee were: Chester Bedell, Jacksonville, Fla., attorney; New Hampshire Supreme Court Justice William A. Grimes, Dover, N.H.; Keith Mossman, Vinton, Ia., attorney; and Cecil F. Poole, San Francisco attorney. COMMISSION ON A NATIONAL INSTITUTE OF JUSTICE, DEAR JUDGE: The Commission on a National Institute of Justice has been working for the past several months to formulate and refine a legislative proposal for eventual submission to Congress to effect the creation of a National Institute of Justice. The Commission's efforts have yielded the enclosed "discussion draft" documents: "A Bill for an Act Creating a National Institute of Justice" and an accompanying "Commentary", discussing and elaborating on particular aspects of the Bill. Also enclosed for your information is a three page introductory statement, entitled "The National Institute of Justice," which traces the history of the National Institute proposal and summarizes the major elements of the Commission's discussion draft Bill. The manifest need for a full-scale national program to examine our system of justice and to work for its improvement cannot be ignored. While many improvements have been made in recent years, the sheer growth in size and complexity of our society has exacerbated existing deficiencies and created new ones for our overburdened law enforcement bodies, courts, administrative agencies, and correctional facilities. The piecemeal approach that has characterized past reform efforts in the justice field must give way to a carefully planned program focusing the nation's attention, energies and resources in a concerted and constructive manner on the problems of justice in America. The Commission seeks your help in working toward this objective. The enclosed draft documents are being disseminated to a broad cross-section of prominent lawyers, judges, legal organizations and lay groups concerned about justice in America. This dissemination is being made so that you and the other recipients will be able to provide the Commission with reactions, comments, and suggestions. The Commission plans to meet in January, 1974 to consider all such responses and to revise its proposals where appropriate. I would therefore greatly appreciate your giving me your thoughts and ideas with respect to the enclosed drafts at your earliest convenience. Responses received by December 21 will be distributed to the Commission members for their consideration in advance of the January meeting; those received after that date but before the meeting will be made available to the Commission members at the meeting. We would hope that you would help us in generating nationwide attention for this concept. This can be done in speeches, articles and other ways to acquaint the public with the necessity for an institution like the National Institute of Justice to help strengthen the role of law in our nation. If you have a better idea, or if you have a specific criticism of the NIJ concept, we would hope you would articulate these also. All the Commission wants to do is carry out its mission of developing a concept, developing ways, developing means, and developing an agency or agencies to help improve delivery of justice to all Americans. The Commission seeks to help all persons and agencies now performing or proposing to perform any service or function toward this goal. The Commission above all will not duplicate or interfere with the work of any person or agency now working to improve justice or proposing to work to improve justice. I look forward to hearing from you. CHARLES S. RHYNE, Chairman. THE NATIONAL INSTITUTE OF JUSTICE (An introductory statement by the Commission on a National Institute of Justice, American Bar Association) The attached proposal provides for the creation by Congress of a National Institute of Justice. The Institute would be an independent agency of the Federal government charged with the responsibility of studying the operation of the systems of Justice in the United States and making recommendations for revisions and improvements in those systems. The concept of such an Institute is not a new one. A ministry of justice, performing many of the same functions, was proposed by Mr. Justice Cardozo over 50 years ago. The concept was further developed and amplified in 1972 with the wide dissemination of a law review article by Bert H. Early, Executive Director of the American Bar Association, proposing in broad terms the creation of a National Institute of Justice. Chief Justice Warren Burger stated that the article had "given voice to a great need-a great void- in our system," and he urged vigorous debate on the proposal. The American Bar Association created a Commission in August, 1972 to consider the proposal and advance it further. The Commission's membership is interdisciplinary, reflecting the realization that the legal profession alone cannot solve the problems of justice in America. The Commission conducted a national conference in Washington, D.C. in December, 1972 to consider and debate the concept of a National Institute of Justice. The Conference, attended by over 100 individuals of national prominence from all walks of life, produced a strongly shared sense that there should be a National Institute of Justice. Since December, the Commission has sought to translate the thoughts and ideas generated at the conference into a viable legislative proposal. The Commission's efforts are embodied in the "Discussion Draft" Bill which is attached. The accompanying Commentary reflects the various factors considered by the Commission in formulating its proposal. The functions and responsibilities of the Institute, as defined in the Bill, may be summarized as follows: The Institute would study, in a thorough and objective manner, the way in which law and justice function in the United States. It would report periodically, but not less than annually, to the people of this country about the State of law and justice. Its reports would define the principal areas of our law and justice systems in which development and improvement may be achieved. Its reports would further establish priorities among these areas, thereby focusing attention on those which are of greatest concern and immediacy. The Institute would provide funding for the studies of these specific concerns and for the creation of proposals or pilot programs aimed at the resolution of the desired problems. In nearly all cases, these studies would be performed by the Institute itself. The Institute would broadly disseminate and publicize the findings of the studies and projects conducted under its auspices. The impact which such studies and recommendations produce will depend on their persuasive effects and on the prestige and reputation of the Institute. The jurisdiction of the Institute would be as broad as the entire field of the law and administration of justice-whether civil, criminal, administrative, or regulatory. The Institute's attention would in no way be confined to the operations of the courts and administrative agencies but would extend to penal law and corrections, education in the law at all levels, legal services and their effectiveness, and systems of non-governmental dispute resolution. Rather than seeking to duplicate the noteworthy efforts of other groups in these fields, the Institute would be able to assist in the coordination of such efforts. In short, the Institute would focus national interest and resources on the problems of the nation's justice system so that a unified and concerted strategy can be developed for the solution of these problems. A BILL FOR AN ACT CREATING A NATIONAL INSTITUTE OF JUSTICE (By the Commission on a National Institute of Justice, American Bar Association, Discussion Draft No. 1, Oct. 1973) NOTE This Bill is a discussion draft and is being circulated for comments only. Neither the proposed Bill nor the accompanying Commentary have been approved by the ABA Commission on a National Institute of Justice or the ABA House of Delegates. CREATION AND POSITION IN GOVERNMENT -SECTION 1. There is hereby established an independent agency to be known as the National Institute of Justice (hereinafter referred to as the "Institute"). POWERS AND PURPOSES SEC. 2: (a) The Institute is authorized and directed, through grants, contracts, and its own activities, (1) To make evaluations and appraisals of the effectiveness and quality of law and the administration of justice, including but not limited to civil and criminal justice, administrative and regulatory law, and private legal conflicts and their resolution; (2) To conduct basic and applied research concerning law and the administration of justice. All forms of research inquiry may be employed, including empirical and doctrinal inquiry and policy and jurisprudential analysis, according to their prospects for valuable results; (3) To conduct experimental programs in the field of law and administration of justice through responsible public and private agencies and organizations, including agencies and organizations of state and local government; (4) To conduct training and educational programs in law, legal and judicial procedures, and law-related research procedures. Such programs may include fellowships for research, technical training, and advanced education; (5) To coordinate its functions with those of other governmental, academic, and research agencies and organizations, public and private, to avoid as far as possible conflict of purpose and duplication of effort and to promote as far as possible a common set of national priorities in improving law and the administration of justice; (6) To conduct such library, clearinghouse, information gathering, and publication functions as may further the realization of its other responsibilities; (7) To publish or facilitate publication of reports of the research and other products of the Institute and of other law-related agencies and organizations. (b) In carrying out these functions the Institute shall not undertake research, experimentation, or training through personnel of the Institute, but the Institute through its staff may engage in such developmental studies as may be necessary to formulate or evaluate research, experimental, or training proposals. (c) In its research, experimental, and training programs, and in making recommendations for improvement of law and the administration of justice, the Institute shall give particular attention to the impact of law and the administration of justice on the individual citizen and his opportunity to secure prompt and effective recognition of his legal rights, privileges and obligations, and to securing to him equal legal protection and access to legal redress without regard to income status, race, sex, religion or national origin. ORGANS OF THE INSTITUTE SEC. 3. The Institute shall consist of a Board of Directors, an Executive Director, and a Council. BOARD OF DIRECTORS SEC. 4. (a) The Board of Directors shall consist of 16 members to be appointed by the President, by and with the advice and consent of the Senate. The persons nominated for appointment as members (1) shall be eminent in the fields of law, and judiciary, the administration of justice, scholarship in law or academic disciplines related to the law, public administration, or community and public affairs; (2) shall be selected solely on the basis of established records of distinguished service or accomplishment; and (3) shall be selected after taking into account the fields mentioned and the various regions of the nation. The President is requested, in making nominations of persons for appointment to the Board, to solicit and to give due consideration to any recommendations submitted to him by members of Congress, by organizations of the legal profession (including the judiciary) and the academic branches of the law and law-related disciplines, and by civic and citizen organizations that have manifested an interest in law and the administration of justice. (b) The term of each member of the Board shall be four years, except that (1) a member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of that term; and (2) the terms of office of the members first taking office after the date of enactment of this Act shall expire, as designated by the President at the time of appointment, four at the end of one year, four at the end of two years, four at the end of three years, and four at the end of fours years after the date of the first appointments made under this Act. Any person who has been a member of the Board for two consecutive terms shall thereafter be ineligible for any subsequent appointment. (c) The Board shall select a Chairman from among its members and may elect from such membership a Vice-Chairman and such other officers as it may designate. The Chairman and other officers so elected shall hold office for one year and until their respective successors are qualified and may be re-elected so long as they continue as members of the Board. (d) The Board may appoint from its members an Executive Committee and assign to the Executive Committee such powers of the Board as it deems appropriate except that of reviewing and approving the budgetary proposals of the Executive Director. It may appoint such other committees, whose membership need not be limited to members of the Board, as it deems appropriate. (e) The Board shall also: (1) Meet quarterly and at such other times as it may specify, or upon the call of the Chairman, the Executive Director, or one third of its members; (2) In consultation with the Executive Director, formulate the policies of its members; (3) At least annually prepare and make public distribution of the program plans and descriptions of projects proposed and contemplated by the Institute and solicit suggestions and comments concerning the same, with particular regard to their relationship to similar or related programs and projects of other public and private agencies concerned with law and the administration of justice; (4) Monitor and cause evaluation to be made of the value and effectiveness of the programs of the Institute; (5) Render an annual report to the people of the United States on the work of the Institute and the state of law and the administration of to the operations of the courts and administrative agencies but would extend to penal law and corrections, education in the law at all levels, legal services and their effectiveness, and systems of non-governmental dispute resolution. Rather than seeking to duplicate the noteworthy efforts of other groups in these fields, the Institute would be able to assist in the coordination of such efforts. In short, the Institute would focus national interest and resources on the problems of the nation's justice system so that a unified and concerted strategy can be developed for the solution of these problems. A BILL FOR AN ACT CREATING A NATIONAL INSTITUTE OF JUSTICE (By the Commission on a National Institute of Justice, American Bar Association, Discussion Draft No. 1, Oct. 1973) NOTE-This Bill is a discussion draft and is being circulated for comments only. Neither the proposed Bill nor the accompanying Commentary have been approved by the ABA Commission on a National Institute of Justice or the ABA House of Delegates. CREATION AND POSITION IN GOVERNMENT SECTION 1. There is hereby established an independent agency to be known as the National Institute of Justice (hereinafter referred to as the "Institute"). POWERS AND PURPOSES SEC. 2. (a) The Institute is authorized and directed, through grants, contracts, and its own activities, (1) To make evaluations and appraisals of the effectiveness and quality of law and the administration of justice, including but not limited to civil and criminal justice, administrative and regulatory law, and private legal conflicts and their resolution; (2) To conduct basic and applied research concerning law and the administration of justice. All forms of research inquiry may be employed, including empirical and doctrinal inquiry and policy and jurisprudential analysis, according to their prospects for valuable results; (3) To conduct experimental programs in the field of law and administration of justice through responsible public and private agencies and organizations, including agencies and organizations of state and local government; (4) To conduct training and educational programs in law, legal and judicial procedures, and law-related research procedures. Such programs may include fellowships for research, technical training, and advanced education; (5) To coordinate its functions with those of other governmental, academic, and research agencies and organizations, public and private, to avoid as far as possible conflict of purpose and duplication of effort and to promote as far as possible a common set of national priorities in improving law and the administration of justice; (6) To conduct such library, clearinghouse, information gathering, and publication functions as may further the realization of its other responsibilities: (7) To publish or facilitate publication of reports of the research and other products of the Institute and of other law-related agencies and organizations. (b) In carrying out these functions the Institute shall not undertake research, experimentation, or training through personnel of the Institute, but the Institute through its staff may engage in such developmental studies as may be necessary to formulate or evaluate research, experimental, or training proposals. (e) In its research, experimental, and training programs, and in making recommendations for improvement of law and the administration of |