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.
Very truly yours,

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

justice in the nation. The report may include recommendations for improvement of law and the administration of justice;

(6) Determine the time and place of sessions of the Council and the agenda for the sessions. The Council shall meet at least once a year;

(7) Approve and submit budgetary proposals for the Institute. (f) The members of the Board shall receive compensation at the rate of $100 for each day engaged in the business of the Institute pursuant to authorization of the Institute. The Board may provide that members of any committee established pursuant to subsection (d) may receive compensation at a rate not exceeding $100 for each day such committee members are engaged in the business of the Institute. Board members and members of such committees shall also be allowed travel expenses as authorized by section 5703 of Title 5, United States Code.

EXECUTIVE DIRECTOR

SEC. 5. (a) The Executive Director shall be appointed by the Board without regard to the provisions of Title 5, United States Code governing appointments in the competitive service. The term of the Executive Director shall be six years unless he is sooner removed by the Board.

(b) The Executive Director shall, subject to the direction of the Board, be responsible for carrying out the functions of the Institute and except as otherwise provided in this Act, shall exercise all authority granted to the Institute by this Act. In addition, the Executive Director shall:

(1) Recommend to the Board policies and programs;

(2) Prepare, for approval of the Board, estimates of the budgetary requirement of the Institute;

(3) With the advice and approval of the Board, appoint a Deputy Executive Director, without regard to the provisions of Title 5, United States Code, governing appointments to the competitive service.

(c) The Executive Director may delegate to any other officer or employee of the Institute any duty or authority he has, except those specified in subsection (b).

COUNCIL

SEC. 6. (a) The Council shall consist of not less than 50 nor more than 100 members appointed by the Board for terms of three years, except that those selected initially shall be chosen in a manner such that the terms of one third of them expire respectively one, two, and three years after their appointment. The members of the Council shall be selected to provide broad representation of the views of private citizens and groups and various types of agencies concerned with the administration of justice and to draw upon diverse experience in life and various regions of the nation.

(b) The Council shall meet as provided in Section 4(c) (6). The Chairman of the Board of the Institute, or another member of the Board designated by him, shall preside at meetings of the Council. The Council:

(1) Shall receive and may discuss and make recommendations concerning proposals and reports of activity by the Institute;

(2) May authorize creation of study and advisory committees of

the Council, whose members shall be appointed by the Chairman;

(3) May suggest problems and topics concerning which the Institute should undertake activities authorized by this Act;

(4) May make reports and recommendations to the Board.

(c) Members of the Council are entitled to travel expenses as authorized by section 5703 of Title 5, United States Code, for individuals serving without pay.

FURTHER POWERS

SEC. 7. (a) In addition to any authority vested in it by other provisions of this Act, the Institute, in carrying out its functions, is authorized to: (1) Prescribe such regulations as it deems necessary governing the manner in which its functions shall be carried out;

(2) Receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for a

purpose of the Institute; and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions;

(3) In the discretion of the Institute, receive (and use, sell or otherwise dispose of, in accordance with paragraph (2)) money and other property donated, bequeathed, or devised to the Institute with a condition or restriction, including a condition that the Institute use other funds of the Institute for the purposes of the gift;

(4) Appoint advisory committees composed of such private citizens, members of civic, citizen, and professional organizations, and officials of federal, state, and local governments as it deems desirable to advise the Institute with respect to its functions under this Act;

(5) Appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this Act without regard to the provisions of Title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates;

(6) Obtain the services of experts and consultants in accordance with the provisions of section 3109 of Title 5, United States Code, at the rates for individuals not to exceed the rate prescribed for GS-18 in the General Schedule under section 5332 of Title 5, United States Code; (7) Accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of Title 5, United States Code;

(8) Enter into contracts, grants, or other arrangements, or modification thereof to carry out the provisions of this Act, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5);

(9) Provide for the making of such reports (including fund accounting reports) and the filing of such applications in such form and containing such information as the Executive Director may reasonably require;

(10) Make advances, programs, and other payments which the Executive Director deems necessary under this Act without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); and

(11) Make other necessary expenditures.

(b) Each member of a committee appointed pursuant to paragraph (4) of subsection (a) of this section who is not an officer or employee of the federal government shall receive an amount equal to the maximum daily rate prescribed for GS-18 under section 5332 of Title 5, United States Code, for each day he is engaged in the actual performance of duties (including travel time) as a member of a committee. All members shall be reimbursed for travel, subsistence, and necessary expenses incurred in the performance of their duties.

POLITICAL BAN

SEC. 8. No officer or employee of the Institute shall take any active part in political management or in political campaigns, and no such officer or employee shall use his official position or influence for the purpose of interfering with any election or affecting the result of any election.

COMPENSATION OF EXECUTIVE DIRECTOR

SEC. 9. (a) Section 5315 of Title 5, United States Code, is amended by adding at the end thereof the following new paragraph:

"(95) Executive Director, National Institute of Justice."

(b) Section 5316 of Title 5, United States Code, is measured by adding at the end thereof the following new paragraph:

"(130) Deputy Executive Director, National Institute of Justice."

APPROPRIATION

SEC. 10. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

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