November 2, 1995

Judiciary Testifies on Courthouse Construction Initiatives

Two federal Judiciary representatives told a Senate subcommittee of the Judiciary's on-going efforts to economize and prioritize with regard to courts' space and facilities needs and urged Congress not to place a moratorium on building new courthouses. The two witnesses--Judge Robert E. Cowen (3rd Cir.), chairman of the Judicial Conference's Security, Space and Facilities Committee, and L. Ralph Mecham, Director of the Administrative Office of the U.S. Courts--also discussed courthouse-related initiatives by the General Services Administration (GSA). They testified before the Senate Environmental and Public Works' Subcommittee on Transportation and Infrastructure.

The Judicial Conference representatives urged authorization of eight already approved fiscal year 1995 projects and nine FY 96 projects already included in the Treasury, Postal Service, and General Government Appropriations Act of 1996.

In his testimony, Judge Cowen detailed the Judiciary's efforts to form long-range project priorities. "At its last session in September," Judge Cowen said, "the Judicial Conference approved a five-year plan of courthouse construction projects. The plan includes a listing of projects, prioritized by fiscal year, that reflects the housing needs of the Judiciary from fiscal years 1996 through 2000."

Judge Cowen asked Congress to move forward with authorization of FY 96 projects, which already have undergone years of planning and review. He also said that for FY 97 and beyond the Security, Space and Facilities Committee will recommend that the Judicial Conference adopt criteria for ranking projects within a given year, in order of priority. But he urged the Senate Subcommittee to bear in mind the inherent difficulties of such a ranking. "For example," said Judge Cowen, "some projects could prove to be of equal urgency, and it could be difficult to compare one particular local housing situation with another. We also must weigh the competing factors of security, health and safety, and the need for space to house judges."

Judge Cowen also discussed cost containment initiatives by the Judiciary, including the recently announced review of the U.S. Courts Design Guide's space standards, a reevaluation of space needs by court units, and a review of space billing from the GSA. Other initiatives will involve establishing criteria for opening or closing facilities, and the development of a detailed space inventory and benchmarks to encourage more efficient space management.

In his testimony, Director Mecham addressed the GSA Inspector General's report on courthouses. Saying he was reluctant to draw any conclusions about its contents, Director Mecham noted several instances where terminology may be misleading and conclusions inconsistent with similar reports issued by panels of construction professionals. Said Director Mecham, "We were all a bit disappointed in the lack of communication from GSA on this report."

In his testimony, Director Mecham also discussed a call by the GSA Administrator Roger Johnson for an interbranch panel to work out an agreement on courthouse building standards. While indicating a willingness to work closely with GSA and Congress, Director Mecham objected to another "moratorium" or time out. "GSA's letter, its IG report, and a soon to be released General Accounting Office review of courthouse construction recognize that significant progress has been made to ensure delivery of cost-effective, well-managed projects. We have gone through one time-out and review, which has been touted as being immensely successful. . . . Clearly interested parties should sit down on matters of concern, define issues, and let the responsible organization or branch address the issue to the satisfaction of the others. . . .We fail to see the need for another task force to work out any concerns."

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