Administrative Office

There is a vital relationship between the Judiciary and Congress. Congress can initiate and pass legislation that has significant implications for the structure, operations, and jurisdiction of the federal courts. Also, Congress appropriates the dollars to fund the Judiciary.

The Constitution gives Congress the power to create federal courts, other than the Supreme Court, and to determine their jurisdiction. Therefore, it is Congress, not the federal Judiciary, that controls the type of cases that may be addressed in federal court. Recent years have seen a great deal of legislative activity in criminal law, bankruptcy, and other substantive matters. The debate over which cases may be heard in federal courts revolves around the identification and delineation of the respective spheres of federal and state law. Although most of the work of the federal courts involves matters of civil justice, the federal courts also handle a substantial number of criminal cases. While most crimes concern matters traditionally handled in state courts, over the years Congress and the public have looked increasingly to the federal courts to solve social problems. Therefore, Congress continues to add new sections to the federal criminal code, which adds to the workload of the federal courts.

Also, legislation, such as the Speedy Trial Act of 1974 and the Sentencing Reform Act of 1984, has steadily added new responsibilities to the courts. Key issues and legislation that can have an impact on the Judiciary arise in every session of Congress.

The Administrative Office (AO) responds in a variety of ways.

Legislative Affairs

On behalf of the Judicial Conference, the agency transmits draft bills to Congress and arranges for members of Judicial Conference committees and other judges to testify as expert witnesses at congressional hearings. As legislation that impacts the courts is drafted by the House and Senate, the AO communicates the concerns, interests, and positions of the Judicial Conference and suggests changes or compromises.

The agency also responds to congressional requests for briefings, statistics, background information, legal analysis, judicial impact statements, and other studies. Judicial impact statements assess the impact legislative and executive branch proposals can have on the Judiciary's operations and resources.

Congress also provides funding for the Judiciary. The Judiciary is small: It represents less than two-tenths of one percent of the federal budget. And in terms of staff, the judicial branch, with about 32,000 employees, is tiny compared to the executive branch. Nevertheless, the Judiciary undergoes congressional scrutiny of its budget submission, as it is the responsibility of Congress to determine how federal funds will be appropriated. The AO plays a pivotal role in coordinating the presentation of the Judiciary's funding needs to the Congress.

AO staff members communicate daily with congressional members and staff as part of the ongoing effort to inform members of Congress of the concerns and needs of the Judiciary.

The Judiciary's relationship with the executive branch also is important to the operation of Judiciary programs. For example, the General Services Administration provides courthouse facilities, and the Department of Justice's U.S. Marshals Service provides security for judges, staff and judicial facilities. Also, many areas require coordination at the national and local levels with the Department of Justice, particularly with its U.S. Marshals Service, Bureau of Prisons, and U.S. Attorneys. Administrative Office officials regularly work with these agencies.