We shall at this point in the record insert pages 1 and 2 of tab 1 of the justifications. (The pages referred to follow:) PURPOSE AND NEED FOR SUPPLEMENTAL FUNDS The additional funds requested herein are needed to pay the statutory salaries of a greater number of Federal judges than are provided for in the current appropriation of $8,800,000. The judges' payroll has increased due mainly to the sharp rise in the number of judges who retired on salary last year and during the first half of the fiscal year 1958 as indicated by the following table: The current appropriation will cover the salaries of an average of 322 judges in regular service, 54 retired judges and 4 resigned judges or a total of 380 judges. At present the amount available is short by the salaries of approximately 12 judges aggregating $305,432. It is expected that several more judges will retire before June 30, 1958, and it is probable that more judicial vacancies will be filled before that time. It is estimated that an additional sum of $340,000 will be required for judges' salaries during the current fiscal year on the basis that the average number of judges will increase to 395 or 15 more than the present funds will cover. Mr. ROONEY. Page 2 of these justifications indicates that the exact amount needed at the present time is $305,432, but that more judicial vacancies may be filled prior to June 30. Who will address the committee with regard to this item? Mr. BROWN. I will, Mr. Chairman. Mr. ROONEY. Very well, Mr. Brown, you may proceed. GENERAL STATEMENT Mr. BROWN. The current appropriation provides for the salaries of an average of 380 judges. At the present time we have 386 judges on the rolls. Our overobligation at the moment on an annual basis is $250,000. We are asking that provision be made for filling an average of about seven of the existing vacancies. At this time there are 15 vacancies in the circuit and district judgeships. That would require about $50,000 additional if you assume that each judge will be serving for an average of 4 months during the remainder of this fiscal year. The request that we are now making is for $300,000, and that is $40,000 less than the estimate before you. The reason for that is that we have lost five judges within the past month, 4 by death and 1 by resignation Mr. ROONEY. Of course, all the judges have to be paid, pursuant to law. The committee has no other alternative. In the event that the $300,000 requested is granted, these funds could be used only for the purpose of paying salaries of judges; is that correct? Mr. BROWN. That is correct, sir. Mr. ROONEY. We shall proceed to the next item. FEES OF JURORS AND COMMISSIONERS This appears at the same page: to wit, page 7 of House Document No. 313. It is stated that this proposed supplemental appropriation of $675,000 is to cover (1) the increasing use of juries in the current year; (2) increased fees for mileage and subsistence of grand and petit jurors payable under Public Law 85-299, effective September 7, 1957; and (3) increased fees payable to United States Commissioners under Public Law 85-276, effective September 2, 1957. We shall at this point in the record insert pages 1, 2, and 3 under tab 2 of the justifications. (The pages referred to follow:) Fees of jurors and commissioners, United States courts, 1958 Appropriation currently available_ PURPOSE AND NEED FOR SUPPLEMENTAL FUNDS $4,250,000 1, 272, 810 1, 272, 810 4, 988, 000 675, 000 Additional funds totaling $675,000 are required in the current fiscal year for the following reasons: (1) The present amount available for jury costs of $3,640,000 is $150,000 less than the budget estimate submitted for 1958 and approximately $90,000 below the actual payments for 1957. Experience so far in the current year indicates that juries are being used to a greater extent than in 1957 and that the costs this year will be somewhat higher than for last year. It is estimated that at least $150,000 additional will be needed due to the increased use of jurors. (2) Under an act approved September 7, 1957, Public Law 85-299 the allowances for mileage and subsistence of grand and petit jurors were increased from 7 to 10 cents per mile and $5 to $7 per day. This will increase the payments to jurors for mileage by approximately 43 percent and for subsistence by 40 percent over the costs under the old fee bill. Jurors were paid $831,870 for mileage and $163,775 for subsistence in 1957 and these costs under the new statute are expected to increase by approximately $360,000 and $65,500 per annum, respectively, or a total of $425,500. Since about 95 percent of the total amount paid to jurors each year is expended after August 31 and the new act became effective on September 7, 1957, the additional appropriation needed in 1958 for this purpose will probably not exceed $400,000. The (3) The act of September 2, 1957, Public Law 85-276, increased the fees payable to United States commissioners by approximately 26 percent. new rates became effective immediately and will result in higher costs in the current year of around $125,000. An additional appropriation of this sum is necessary as the amount currently available for the payment of commissioners' compensation of $600,000 will not be sufficient to cover any substantial part of the new costs arising under this legislation. It is requested, therefore, that an additional amount of $675,000 be appropriated for jurors' and commissioners' fees for 1958. The following table shows a comparison of the trends in the costs for juries and commissioners during the first 5 months of the fiscal years 1957 and 1958: Fiscal year Fiscal year | Percentage Fiscal year, Fiscal year Percentage Mr. ROONEY. Can you tell us how much of the requested increase is due to Public Law 85-299? Mr. BROWN. $400,000 of the total. Mr. ROONEY. How much of the increase is due to Public Law 85276? Mr. BROWN. $125,000. Mr. ROONEY. The balance is for increased use of jurors? Mr. BROWN. Yes, sir; in the amount of $150,000; $90,000 of that is to make the provision this year equal the actual cost last year, and $60,000 is for anticipated greater use of juries this year. `Our experience so far this year indicates that juries are being used to the extent of about 2.5 percent greater than last year. Mr. ROONEY. The requested supplemental sum of $675,000, if approved, could be used only for the payment of fees of jurors and commissioners; is that correct? Mr. BROWN. That is correct, sir. TRAVEL AND MISCELLANEOUS EXPENSES Mr. ROONEY. The next item is entitled "Travel and miscellaneous expenses." The requested additional amount for travel and miscellaneous expenses is $70,500, including a language change which would lift the limitation from $1,000 to $12,500 with regard to fees of attorneys. This request appears at page 8 of House Document No. 313, to which we previously referred. We shall at this point in the record insert pages 1, 2, and 3 under tab 3 of the justifications. (The pages referred to follow :) Travel and miscellaneous expenses, United States courts, 1958 Appropriation currently available... PURPOSE AND NEED FOR SUPPLEMENTAL FUNDS $2,780, 000 1, 528, 739 1, 030, 914 3,098, 300 70, 500 An additional appropriation of $70,500 is requested to meet the rising costs of printing records in cases appealed to the Supreme Court by persons unable to bear such costs, the increase in the cost of law-book upkeep services since last year and additional pay for counsel assigned to represent insane persons who are indigent defendants in commitment proceedings in the District of Columbia. The cost of printing records in cases appealed in forma pauperis to the Supreme Court has averaged around $2,000 a year in recent years and this sum was provided in the 1958 appropriation. Orders totaling $15,265 have been entered during the first 5 months of 1958 for printing records in such cases and it is estimated that at least $16,000 will be needed for this purpose in the current year. Since only $2,000 is available, an additional sum of $14,000 will be required. Law-book upkeep services have been increased in cost by almost 17 percent over last year according to a comparison of the orders issued in July 1957 with those for July 1956. The amount appropriated for this purpose in 1958, $327,000, allowed for an increase of only 21⁄2 percent over last year's total cost of $319,000. The projected cost for 1958 based on present prices is $372,000 or $45,000 more than the amount currently available. Under a recent decision of the United States Court of Appeals for the District of Columbia Circuit in the case of Dooling v. Overholser, Superintendent of St. Elizabeth's Hospital, it was held in substance that an insane person must be represented in commitment proceedings either by a guardian ad litem, a next friend, or an attorney, and that such representation is required by the District of Columbia Code act of June 8, 1938. Previous to the decision cited it was the policy to permit defendants in these cases to waive representation by counsel and to furnish attorneys only in the few cases in which representation was requested. The fees paid to counsel in such cases were authorized in accordance with the terms of the annual appropriation acts and aggregated less than $1,000 annually. Under the present law it is estimated that payments to counsel will amount to $50,000 annually. In accordance with a temporary arrangement between the district court for the District of Columbia and the local bar associations counsel is being provided insane persons without cost pending the appropriation of additional funds or a change in the basic statute involved at the first opportunity. Since there is little ikelihood that a change in the law can be enacted in this fiscal year it is requested that the appropriation for 1958 be modified to permit the payment of up to $12,500 for attorneys' fees instead of $1,000 as currently authorized and to add $11,500 to the amount provided for such purpose in the current year. This will permit payment to attorneys for services performed during the final quarter of the current fiscal year. It is necessary to seek the appropriation of additional funds since rising costs generally will allow no margin in the sums available for other purposes for application to the specific objects referred to above. BREAKDOWN OF REQUEST Mr. ROONEY. Is there a breakdown in tabular form of this $70,500 request? Mr. BROWN. I have the information, Mr. Chairman, but I do not have it in the form of a table. However, I can state the amounts for you. Mr. ROONEY. Let us have it, please. Mr. BROWN. $15,000 is to take care of the increased cost of printing records in cases appealed to the Supreme Court in forma pauperis. The sum of $45,000 is due to the increase in the cost of the upkeep services for the law libraries and $11,500 is to take care of a special item for the District of Columbia in connection with mental-health cases in that jurisdiction. Judge Laws is here to comment on the $11,500 item for his court, and I understand he has a session of court this afternoon which he would like very much to be able to conduct. Judge Laws. Mr. Chairman, I do have an engagement which I would like to keep. Mr. BROWN. He is anxious to comment on that at this time if that is possible. APPOINTMENT OF ATTORNEYS IN MENTAL-HEALTH CASES Mr. ROONEY. I intended to call Judge Laws immediately, and only delayed in order to add up the 3 figures you gave me to see whether or not they come to $70,500. Judge Laws, what have you to say about this situation with reference to the mental-health cases? Judge LAWS. Mr. Chairman, the item is seeking an emergency appropriation to cover the period from April 1 to June 30 of this year, and also to remove the limitation of $25 for counsel appearing in these cases. Previously, the appropriation acts of Congress, beginning in the year 1938, I believe, down to date, have allowed $1,000 each year with a provision that a maximum of $25 could be paid to the attorney for representation in each of these cases which seek to commit indigent persons to hospitalization because of mental illness. We were able to get along with that appropriation until February of last year, because appearances for these indigents were not required before the Commission on Mental Health. Under the law, the hearing is first held by the Commission on Mental Health, before two psychiatrists and the lawyer member of the Commission. The Commission, of course, is larger, but the hearings are before 2 psychiatrists and 1 lawyer, who is chairman, and in the event they bring in a report to the court of equity that the party is of unsound mind and should be committed, the person alleged to be insane has the right to demand a jury trial and, in that event, according to the act of Congress, a hearing is held in open court before a judge and jury to determine whether or not the party should be adjudged of unsound mind and committed. In those instances, before February 1957, it was only for the indigents who demanded a jury trial that the lawyers were appointed. On February 28 of last year our court of appeals, in the case of Dooling v. Overholser, interpreted the act of Congress as requiring that every person must be represented by counsel before the Commission on Mental Health, as well as before the court. That made it necessary that we appoint either a lawyer or a guardian ad litem in each one of those cases. As of the time that this opinion was rendered, there was $250 left in the appropriation. The cases average around 1,850 a year, or, I think, if you figure that our, about 35 a week, or 7 a day. Of course, the remaining appropriation was exhausted in 4 or 5 days, or certainly in a little over a week. We had to make feverish efforts to get lawyers who would take over that representation. I personally wrote letters to the District of Columbia Bar Association, the Junior Bar Association, the Women's Bar Association, the Washington Bar Association, and I even approached the Federal Bar Association, making appeals to them not only by letter, but by personal contacts, to help supply counsel services. These lawyers have to go through a number of proceedings in handling these cases. I would like to illustrate that by telling you what this $25 Congress previously had made available would cover by way of the lawyers' services. As you know, if the alleged patient is brought in on charges that he is mentally ill, he must be hospitalized. In some cases it is claimed |