Panel of Federal Judges Seeks
Repeal of Sentencing Mandate

GARY FIELDS / Wall Street Journal 24sep03

WASHINGTON—Federal judges voted to support legislation to repeal a portion of a new federal law that limits judges' discretion in sentencing.

The vote marks the first time the 27-member Judicial Conference, which represents the more than 1,000 federal judges, has called for repeal of the sentencing restrictions.

The limits were attached to the Protect Act, legislation that passed Congress in April; the underlying bill increased penalties in cases of sexual assault on children.

The judges have taken aim at provisions that restrict them from handing out more-lenient sentences than federal sentencing guidelines allow. They also oppose the reporting mechanisms designed to monitor judges who do depart from the guidelines. In addition, they oppose a provision that limits to three the number of judges serving as members of the federal Sentencing Commission. The commission sets guidelines under which judges must operate; until the new law took effect, at least three judges were members.

Fifth Circuit Court of Appeals Judge Carolyn King, who is a member of the Judicial Conference, said that while "generally speaking, judges don't lobby," the conference hopes to make its view known on the current legislation. She said she is hopeful that any hearings will include judges as witnesses.

"We believe Congress spoke with a clear voice when they passed the sentencing guidelines and when they recently passed the Protect Act," said Justice Department spokesman Mark Corallo.

Earlier this week, Attorney General John Ashcroft issued1 similar guidelines to federal prosecutors, calling for them to limit plea bargains and seek tougher sentences.