U.S. Judiciary: Chief Justice John Roberts Issues 2015 Year-End Report

John Roberts, Chief Justice of the United States, issued a 2015 year-end report on the judiciary.

The Chief Justice focused on amendments to the Federal Rules of Civil Procedure (FRCivP), which became effective on December 1, 2015. The Chief Justice remarked that the government is responsible for providing a tribunal for peaceful resolution of disputes. Unlike that that occurred in the history of the United States, when disputes were resolved by dueling.

The Chief Justice noted that an advisory committee in 2010 determined that “while the federal courts are fundamentally sound, in many cases civil litigation has become too expensive, time consuming, and contentious, inhibiting effective access to the courts.”

[Author’s note: I have noticed the profound injustice explained in this observation in the employment discrimination case facing the Federal Reserve Board–Artis v. Greenspan Bernanke Yellen. The length, circuitous route, and incredible expense of time (18+ years), effort and money that the plaintiffs have had to endure in this case to resolve this claim is offensive to the conscience. Such conditions demonstrate that the court system is also broken.]

The advisory committee in 2010, the Chief Justice explained, identified four needs for procedural reform, which would–

  • Encourage greater cooperation among counsel,
  • Focus discovery–the process of obtaining information within the control of the opposing party–on what is truly necessary to resolve the case,
  • Engage judges in early and active case management, and
  • Address serious new problems associated with vast amounts of electronically stored information.

 

The Chief Justice then described some of the changes brought by the amended FRCivP envision that the parties and the court work toward controlling the time and expense of litigation.

The Chief Justice explained that idea is contained within Rule 1 of the amended FRCivP, which provides that “the Federal Rules should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”

The Chief Justice noted that fulfillment of this goal can only occur with the willingness of the legal community to make it happen.

[Note 1: Judicial pay has increased for 2016. See Executive Order 13715, schedule 7) (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/pay-executive-order-2016-adjustments-of-certain-rates-of-pay.pdf).

 

Position Pay in 2010-2013 (in dollars) Pay in 2014 (in dollars) Pay in 2015 (in dollars) Pay in 2016 (in dollars)
Chief Justice of the United States 223,500 255,500 255,500 260,700
Associate Justices of the Supreme Court 213,900 244,400 244,400 249,300
Circuit Judges 184,500 211,200 211,200 215,400
District Judges 174,000 199,100 199,100 203,100
Judges of the Court of International Trade 174,000 199,100 199,100 203,100

]

In the appendix to the report, the Chief Justice provides and explanation of the workload of the judiciary. I will focus on the Supreme Court’s workload. Eight per curiam decisions were issued during this term in cases that were not argued.

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Filings 8521 8857 8241 7738 8159 7857 7713 7509 7376 7033
In forma pauperis 6846 7132 6627 6142 6576 6299 6160 6005 5808 5488
Paid docket 1671 1723 1614 1596 1583 1558 1553 1504 1568 1545
Cases:
argued 87 78 75 87 82 86 79 77 79 75
disposed 82 74 72 83 77 83 73 76 77 75
signed opinions 69 67 67 74 73 75 64 73 67 66

Federal Reserve Board: H.2 Release for Week Ending December 19, 2015

The Federal Reserve Board (Board) publishes a weekly digest of its activities on its website. The digest is called the H.2 Release and is published every Thursday. The release for the week ending December 19, 2015, is below.

H.2 Release–Actions of the Board, Its Staff, and the Federal Reserve Banks; Applications and Reports Received

Category Action Taken
Board Operations Office of Inspector General — 2016 operating and capital budget.

-Approved, December 16, 2015

 

Currency Federal Reserve Notes — new currency budget for 2016.

-Approved, December 16, 2015

Monetary Policy Implementation Federal Open Market Committee — increase in the target range for the federal funds rate to 1/4 percent to 1/2 percent, effective December 17, 2015.

-Announced, December 16, 2015

 

 

Interest on Reserves; Discount and Advance Rates — increase in the (1) interest rate paid on required and excess reserve balances from 1/4 percent to 1/2 percent and (2) primary credit rate from 3/4 percent to 1 percent, both effective December 17, 2015.

-Approved, December 16, 2015

Regulations and Policies Regulatory Burden Reduction — publication for comment of the fourth in a series of interagency notices on potential areas for regulatory burden relief for insured depository institutions, as required by the Economic Growth and Regulatory Paperwork Reduction Act.

-Approved, December 10, 2015

(A/C)

Reserve Bank Operations Federal Reserve Bank Budgets — operating and capital budgets for the Federal Reserve Banks, Federal Reserve Information Technology, and Office of Employee Benefits for 2016.

-Approved, December 16, 2015

Enforcement Habib Bank Limited, Karachi, Pakistan, and Habib Bank Limited New York Branch, New York, New York — issuance of a consent cease and desist order.

-Announced, December 17, 2015

 

Mid State Banks, Inc., Hawkinsville, Georgia — written agreement issued June 2, 2010, terminated December 9, 2015.

-Announced, December 15, 2015

[Author’s Note: The fact that the Board approves the budget of its Inspector General eliminates its investigatory independence and effectiveness auditing any Board operations.]

 

Federal Reserve Board: H.2 Release for Week Ending December 12, 2015

The Federal Reserve Board (Board) publishes a weekly digest of its activities on its website. The digest is called the H.2 Release and is published every Thursday. The release for the week ending December 12, 2015, is below.

H.2 Release–Actions of the Board, Its Staff, and the Federal Reserve Banks; Applications and Reports Received

Category Action Taken
Forms Forms — final Board review to extend with revision the Banking Organization Systemic Risk Report (FR Y-15).

-Approved, December 7, 2015

 

 

American Red Cross: A Human Service Institution Transformed into a Vacuous Marketing “Brand”

None of my money will go to this organization until focus is placed on providing services to people in need.

Critically, the Red Cross had the nerve to use Dick Grote‘s rank and yank ambush procedure on a local chapter executive, a chapter that was financially solvent.

When Rick Tuggle, the chairman of the board of directors of the Red Cross’ Nebraska Panhandle chapter, got word in 2011 that the chapter would be shuttered, he felt betrayed. An executive at a small bank in Scottsbluff, Tuggle had spent years building up the chapter, recruiting donors and volunteers who responded to home fires in a 44,000-square-mile area in the west of the state.

Tuggle and the rest of the local board fought the decision, questioning why their financially self-sufficient chapter was being closed. The chapter’s full-time executive director was told a visit from a regional executive was a performance review, only to be laid off and escorted out of the office in tears, according to Tuggle.

See the ProPublica article here–https://www.propublica.org/article/the-corporate-takeover-of-the-red-cross?utm_campaign=sprout&utm_medium=social&utm_source=facebook&utm_content=1450106754.

Federal Reserve Board: Walter T. Charlton, Counsel for Cynthia Artis, Artis v. Bernanke, on C-Span in 2002; A note on John Roberts and Antonin Scalia

Walter T. Charlton, Counsel for Cynthia Artis, et al., in the extremely long duration employment discrimination case, Artis v. Greenspan Bernanke Yellen spoke about the Federal Reserve Board in 2002. Thirteen years later, the case is still active.

The Board acts as if equal opportunity is an undeserved burden, one which it does not have to respond to. This whole case is an abomination because one witnesses the Board as a passive yet determined and obstinate barrier against equal employment opportunity.

See video on the C-Span website. (http://www.c-span.org/person/?waltercharlton)

[Author’s note: A slight, but related, digression follows. Chief Justice of the United States John Roberts commented in oral argument for Fisher v. University of Texas that the United States of America will be able to resolve its centuries-old mistreatment of nonwhite persons, and promotion of white citizens, in a mere 25 years (Court transcript, page 49).

B9j2m1qIIAAV7-W.jpg large
The price of white hegemony is borne by other people.

(The Chief Justice did not cite authority for such a time limit; the 14th Amendment (clause 5) is enforced by the Congress, not the Court (the Court has moved to limit the plain language of the text) however, setting time limits is political and is an exercise of legislative power. Such legislating is perverse for an unelected, unaccountable body to dare to think of imposing.)

3893340-handless-facepalm

Moreover, Roberts’ 25-year target for the “resolution” of race is an astoundingly exasperating statement to hear from the Supreme Court, a body which has not had any black justices (save Justice Thurgood Marshall–I deliberately exclude Clarence Thomas) until recently. Before historically recent times, no black people were involved in setting the precedential cases of the institution (as voting justices); all they do now is carry out the laws generated by the white justices before them. This result shows the injustice of the blind application of stare decisis in the United States of America.

Not to forget, Associate Justice Antonin Scalia deigned all black people (a people who pay taxes for the institution of the Supreme Court) as intellectually slow and proposed (during oral argument) essentially the  re-institution of separate but equal policies based on perceived intellectual power. (Court transcript, pages 67 and 68.) (How Scalia has the power to determine another human beings’ intellectual value was unstated; I certainly do not accept Scalia as a trustworthy arbiter or as God.) Regardless of the intent of the argument, fulfillment of Justice John Harlan’s dissent is the ultimate goal. The Supreme Court is yet another huge mountain in the path of progress.

Scalia’s remarks broadcast (from a U.S. government microphone and U.S. government property) are the result of odious scientific racism, and those remarks also reflected the soiled workings of his mind. He is not alone–Google James Watson.

Furthermore, to witness an institution with a legal workforce that is mostly or all white (and male) having the audacity to lecture the country on the meaning of race–especially black people who suffer under the unfair policies–is truly insulting, and, yes, unacceptable.]

 

 

Federal Reserve Board: H.2 Release for Week Ending December 5, 2015

The Federal Reserve Board (Board) publishes a weekly digest of its activities on its website. The digest is called the H.2 Release and is published every Thursday. The release for the week ending December 5, 2015, is below.

H.2 Release–Actions of the Board, Its Staff, and the Federal Reserve Banks; Applications and Reports Received

Category Action Taken
Testimony and Statements Economic Outlook — statement by Chair Yellen before the Joint Economic Committee of the U.S. Congress on the economic outlook.

-Published, December 3, 2015

 

Forms Forms — initial Board review (1) to extend with revision the Consolidated Financial Statements for Holding Companies (FR Y-9C) and Annual Report of Foreign Banking Organizations (FR Y-7); and (2) to extend without revision the other forms that make up the family of FR Y-9 reports (FR Y-9LP, FR Y-9SP, FR Y-9ES, and FR Y-9CS) and the other forms that make up the family of structure reports (FR Y-6, FR Y-10, and FR Y-10E), respectively.

-Proposed, November 21, 2015

(A/C)

Forms — final Board review to extend without revision the requirements for Disclosure and Reporting of CRA-Related Agreements (Regulation G).

-Approved, December 2, 2015

 

Regulations and Policies Regulation A (Extensions of Credit by Federal Reserve Banks) — final rule to implement changes made by the Dodd-Frank Act to the Federal Reserve’s emergency lending authority under the Federal Reserve Act.

-Approved, November 30, 2015

 

Regulatory Capital Rules (Regulation Q) — final rule amending the Board’s regulatory capital framework in relation to nontraditional capital structures.

-Approved, November 24, 2015

(A/C)

 

Reserve Bank Operations Reserve Bank Directors — designation of chairs and deputy chairs of the twelve Federal Reserve Banks for 2016.

-Announced, December 4, 2015

 

Enforcement Columbus Junction State Bank, Columbus Junction, Iowa — written agreement issued May 22, 2014, terminated December 1, 2015.

-Announced, December 3, 2015