Justices blast mininum sentences

By LAURIE ASSEO

WASHINGTON (AP) Mandatory minimum sentences for federal crimes can promote
injustice in U.S. courts, two Supreme Court justices told a congressional
panel Thursday.

``I do not think judges should have their sentencing discretion controlled by
a mandatory sentence,'' Justice Anthony M. Kennedy said as he and Justice
David H. Souter presented the high court's budget request to a House
Appropriations subcommittee.

Federal laws set mandatory minimum sentences for many offenses, including
drug crimes or using a gun in relation to various drug or violent crimes.

Judges also must follow federal sentencing guidelines that limit their
discretion in imposing sentences, but Kennedy limited his objections to the
separate laws that mandate minimum sentences for some crimes.

``I do not like mandatory sentences,'' he said. ``I think they can lead to
injustice.''

Agreeing, Souter said many federal judges ``simply believe that ultimately
they become instruments of injustice.''

He said that as a state court judge in New Hampshire he followed his own
general rule for sentencing. In one case, Souter said, he had to make an
exception because to follow his rule ``would have been unconscionable.''

With mandatory minimum sentences, Souter said, at times ``a sentencing judge
would have to do the wrong thing.''

He also said he hasn't changed his mind since last year, when he told panel
members that the day a television camera comes into the Supreme Court chamber
``it's going to roll over my dead body.''

The ``entertainment value'' would not be worth the risk that television
coverage could affect lawyers' behavior or inhibit questioning from the
bench, he said.

Kennedy told the members that ``we ought to look very hard'' at dividing the
9th judicial circuit, which covers nine western states including California.
Kennedy formerly served on the 9th U.S. Circuit Court of Appeals.

He said the circuit ``is larger than it ought to be'' but noted many judges
in the circuit oppose dissecting it, as has been proposed periodically by
members of Congress.

Kennedy and Souter also urged Congress to approve pay raises for federal
judges, who have not had costofliving adjustments since 1993.

``This is demoralizing to the judges'' to see their pay eroded, Kennedy said.

He and Souter outlined a $29.2 million proposed operating budget for the high
court in the fiscal year beginning Oct. 1, a 7.8 percent increase over the
current budget. The proposal includes funds for six additional police
officers for the court's security team and an improved police radio system.

Also proposed by the architect of the Capitol was a fiveyear, $26.8 million
plan to improve the court building, which opened in 1935.