Court of International Trade has all the powers in law and equity of a district

court.

The Court of International Trade has jurisdiction over any civil action against the United States arising from Federal laws governing import transactions. This includes classification and valuation cases, as well as authority to review certain agency determinations under the Trade Agreements Act of 1979 (93 Stat. 144; 19 U.S.C. 2501) involving antidumping and countervailing duty matters. In addition, it has exclusive jurisdiction of civil actions to review determinations as to the eligibility of workers, firms, and communities for adjustment assistance under the Trade Act of 1974 (88 Stat. 1978; 19 U.S.C. 2101). Civil actions commenced by the United States to recover customs duties, to recover on a customs bond, or for certain civil penalties alleging fraud or negligence are also within the exclusive jurisdiction of the court.

The court is composed of a chief judge and eight judges, not more than five of whom may belong to any one political party. Any of its judges may be temporarily designated and assigned by the Chief Justice of the United States to sit as a court of appeals or district court judge in any circuit or district. The court has a clerk and deputy clerks, a marshal and deputy marshals, a librarian, court reporters, and other supporting

personnel. Cases before the court may be tried before a jury. Under the Federal Courts Improvement Act of 1982 (96 Stat. 25; 28 U.S.C. 1295), appeals are taken to the United States Court of Appeals for the Federal Circuit, and ultimately review may be sought in appropriate cases in the Supreme Court of the United States.

The principal offices are located in New York, NY, but the court is empowered to hear and determine cases arising at any port or place within the jurisdiction of the United States.

For further information, contact the Clerk, United States Court of International Trade, 1 Federal Plaza, New York, NY 10007. Phone, 212-2642814.

United States Court of Military Appeals The United States Court of Military Appeals was established under Article I of the Constitution of the United States pursuant to act of May 5, 1950, as amended (64 Stat. 129; 10 U.S.C. 867), as amended. Subject only to certiorari review by the Supreme Court of the United States in a limited number of cases, the court serves as the final appellate tribunal to review court-martial convictions of all the armed services. It is exclusively an appellate criminal court, consisting of three civilian judges appointed by the President, by and with the advice and consent of the Senate, for 15-year terms. The court is called upon to exercise jurisdiction to review the record in all cases:

-extending to death;

-certified to the court by a Judge Advocate General of an armed service or by the General Counsel of the Department of Transportation, acting for the Coast Guard; or

-petitioned by accused who have received a sentence of confinement for 1 year or more, and/or a punitive discharge.

The court also exercises authority under the All Writs Act (28 U.S.C. 1651 (a)).

In addition, the judges of the court are required by law to work jointly with the senior uniformed lawyer from each Armed Force, the Chief Counsel of the Coast Guard, and two members of the public appointed by the Secretary of Defense, to make an annual comprehensive survey and to report annually to the Congress on the operation and progress of the military justice system under the Uniform Code of Military Justice, and to recommend improvements wherever necessary.

For further information, contact the Clerk, United
States Court of Military Appeals, 450 E Street
NW., Washington, DC 20442-0001. Phone, 202-
272-1448.

United States Tax Court The United States Tax Court is a court of record under Article I of the Constitution of the United States (26 U.S.C. 7441). The court was originally created as the

United States Board of Tax Appeals by the Revenue Act of 1924 (43 Stat. 336), an independent agency in the executive branch, and continued by the Revenue Act of 1926 (44 Stat. 105), the Internal Revenue Code of 1939, and the Internal Revenue Code of 1954. The name was changed to the Tax Court of the United States by the Revenue Act of 1942 (56 Stat. 957), and the Article I status and change in name to United States Tax Court were effected by the Tax Reform Act of 1969 (83 Stat. 730).

The court is composed of 19 judges. Its strength is augmented by senior judges who may be recalled by the chief judge to perform further judicial duties and by 17 special trial judges who are appointed by the chief judge and serve at the pleasure of the court. The chief judge is elected biennially from among the 19 judges of the court.

The Tax Court tries and adjudicates controversies involving the existence of deficiencies or overpayments in income, estate, and gift taxes in cases where deficiencies have been determined by the Commissioner of Internal Revenue. It also hears cases commenced by transferees and fiduciaries who have been issued notices of liability by the Commissioner.

The Tax Court has jurisdiction to redetermine excise taxes and penalties imposed on private foundations. Similar jurisdiction over excise taxes has been conferred with regard to public charities, qualified pension plans, real estate investment trusts, and the windfall profit tax on domestic crude oil.

At the option of the individual taxpayer, simplified procedures may be utilized for the trials of small tax cases, provided that in a case conducted under these procedures the decision of the court would be final and not subject to review by any court. The jurisdictional maximum for such cases is $10,000 for any disputed year.

In disputes relating to public inspection of written determinations by the Internal Revenue Service, the Tax Court has jurisdiction to restrain disclosure or to obtain additional disclosure of written determinations or background file documents and, at the request of any

person, to order disclosure of the identity of any person to whom the written determination pertains, if there has been a third party contact noted on the determination made public.

The Tax Court has jurisdiction to render declaratory judgments relating to the qualification of retirement plans, including pension, profit-sharing, stock bonus, annuity, and bond purchase plans; the tax-exempt status of a charitable organization, qualified charitable donee, private foundation, or private operating foundation; and the status of interest on certain Government obligations.

All decisions other than small tax cases are subject to review by the United States Courts of Appeals and thereafter by the Supreme Court of the United States upon the granting of a writ of certiorari.

The office of the court and all of its judges are located in Washington, DC, with the exception of a field office located in Los Angeles, CA. The court conducts trial sessions at various locations within the United States as reasonably convenient to taxpayers as practicable. Each trial session is conducted by a single judge or a special trial judge. All proceedings are public and are conducted judicially in accordance with the court's Rules of Practice and the rules of evidence applicable in trials without a jury in the U.S. District Court for the District of Columbia. A fee of $60 is prescribed for the filing of a petition. Practice before the court is limited to practitioners admitted under the court's Rules.

For further information, contact the Administrative Office, United States Tax Court, 400 Second Street NW., Washington, DC 20217. Phone, 202-376-2751.

Temporary Emergency Court of Appeals The Economic Stabilization Act Amendments of 1971 (85 Stat. 743) created a special court known as the Temporary Emergency Court of Appeals of the United States. The court has exclusive jurisdiction over all appeals from the district courts of the United States in cases and controversies arising

under the economic stabilization and energy conservation laws, and consists of eight circuit and district judges designated by the Chief Justice. The court has been in operation since February 1972, and its principal location is at the United States Courthouse in the District of Columbia.

The court operates under its own rules (28 U.S.C. App.) and the Federal Rules of Appellate Procedure. Under the rules, the hearing divisions sit when necessary at Washington, DC; St. Paul, MN; Atlanta, GA; Houston, TX; and San Francisco, CA; and at such other places and times as the Chief Judge may designate.

For further information, contact the Clerk,

Temporary Emergency Court of Appeals, United States Courthouse, Washington, DC 20001. Phone, 202-426-7666.

Other Courts There have also been created two courts of local jurisdiction for the District of Columbia: the District of Columbia Court of Appeals and the Superior Court.

Business of the Federal Courts

The business of all the Federal courts described here, except the United States Court of Military Appeals and the United States Tax Court, is discussed in detail in the text and tables of the Annual Report of the Director of the Administrative Office of the United States Courts (1940-86).

STATES COURTS

Washington, DC 20544

The Administrative Office of the United States Courts was created by act of August 7, 1939 (53 Stat. 1223; 28 U.S.C. 601). The Office was established November 6, 1939. Its Director and Deputy Director are appointed by the Supreme Court of the United States. Administering the Courts The Director is the administrative officer of the courts of the United States (except the Supreme Court). Under the supervision and direction of the Judicial Conference of the United States he is required, among other things, to:

-supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts;

-examine the state of the dockets of the courts; secure information as to the courts' need of assistance; prepare and transmit quarterly to the chief judges of the circuits statistical data and reports as to the business of the courts;

-submit to the annual meeting of the Judicial Conference of the United States, at least 2 weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the required statistical data submitted to the chief judges of the circuits, and the Director's recommendations, which report, data, and recommendations shall be public documents;

-submit to Congress and the Attorney General copies of the report, data, and recommendations, as required;

-fix the compensation of employees of the courts whose compensation is not otherwise fixed by law;

-regulate and pay annuities to widows and surviving dependent children of judges;

-disburse moneys appropriated for the maintenance and operation of the courts;

-examine accounts of court officers; -regulate travel of judicial personnel; -provide accommodations and supplies for the courts and their clerical and administrative personnel;

-establish and maintain programs for the certification and utilization of court interpreters and the provision of special interpretation services in the courts; and

be

-perform such other duties as may assigned to him by the Supreme Court or the Judicial Conference of the United States.

The Director is also responsible for the preparation and submission of the budget of the courts, except the budget of the Supreme Court.

Probation Officers The Administrative Office, through its Probation Division, exercises general supervision of the accounts and practices of the Federal probation offices, subject to the primary control by the respective district courts that they serve. The Office publishes quarterly, in cooperation with the Bureau of Prisons of the Department of Justice, a magazine entitled Federal Probation, which is a journal "of correctional philosophy and practice."

The Division also has responsibility with respect to the establishment of pretrial services in the United States district courts under the Pretrial Services Act of 1982 (96 Stat. 1136; 18 U.S.C. 3152). These offices report to their respective courts information concerning pretrial release of persons charged with Federal offenses and supervise such persons who are released to their custody.

Bankruptcy The Bankruptcy Amendments and Federal Judgeship Act of 1984 (98 Stat. 333; 28 U.S.C. 151) provided that the bankruptcy judges for each judicial district shall constitute a unit of the district court to be known as the bankruptcy court. Bankruptcy judges shall be appointed by the United States courts of appeals in such numbers as authorized by Congress and shall serve for a term of 14 years as judicial officers of the district court.

This act placed jurisdiction in the United States district courts over all cases under title 11, United States Code, and all proceedings arising in or related to cases under that title (28 U.S.C. 1334). The district court may provide for such cases and proceedings to be referred to its bankruptcy judges, who may hear and determine all title 11 cases and all "core proceedings" arising under title 11 or arising in a case under that title. Bankruptcy judges may hear proceedings

that are not core proceedings but otherwise relate to a case under title 11 and in this event shall submit proposed findings of fact and conclusions of law to the district court, where the final order or judgment shall be entered by a district judge (28 U.S.C. 157).

The Director of the Administrative Office recommends to the Judicial Conference the official duty stations and places of holding court of bankruptcy judges, surveys the need for additional bankruptcy judgeships to be recommended to Congress, and determines the staff needs of bankruptcy judges and, where applicable, of the clerks of the bankruptcy courts. Federal Magistrates Under the Federal Magistrates Act, approved October 17, 1968 (82 Stat. 1107; 28 U.S.C. 631), as amended by the act of October 17, 1976 (90 Stat. 2458), and the Federal Magistrate Act of 1979 (93 Stat. 643), the Director of the Administrative Office, under the supervision and direction of the Judicial Conference, exercises general supervision over administrative matters in offices of United States magistrates, compiles and evaluates statistical and other information relating to such offices, and submits reports thereon to the Conference. The Director reports annually to Congress on the business that has come before United States magistrates and also prepares legal and administrative manuals for the use of the magistrates. The act provides for surveys to be conducted by the Administrative Office, at such time as the Judicial Conference deems expedient, of the conditions in the judicial districts in order to make recommendations as to the number, location, and salaries of magistrates. The Director exercises this responsibility through the Magistrates Division of the Administrative Office.

Federal Defenders The Criminal Justice Act (84 Stat. 916; 18 U.S.C. 3006A) establishes the procedure for the appointment of counsel in Federal criminal cases for individuals who are unable to afford adequate representation under plans adopted by each United States district court. The act also permits the establishment of Federal public defender or Federal community defender organizations by the district courts in districts where at least 200 persons annually require the appointment of counsel. Two adjacent districts may be combined to reach this total.

Each defender organization submits to the Director of the Administrative Office an annual report of its activities along with a proposed budget or, in the case of community defender organizations, a proposed grant for the coming year. The Director is responsible for the submission of the proposed budgets and grants to the Judicial Conference of the United States for approval. The Director also makes payments to the defender organizations out of appropriations in accordance with the approved budgets and grants, as well as compensating private counsel appointed to defend criminal cases in the U.S. courts.

Sources of Information

Information may be obtained from the following offices:

Administrative Services Division. Phone, 202-6336117

Bankruptcy Division. Phone, 202-633-6231

Clerks Division. Phone, 202-633-6236

Financial Management Division. Phone, 202-6336122

General Counsel. Phone, 202-633-6127 Magistrates Division. Phone, 202-633-6251

Personnel Division. Phone, 202-633-6112 Probation Division. Phone, 202-633-6226 Statistical Analysis and Reports Division. Phone, 202-633-6094