REHNQUIST BLASTS SENTENCING CURBS

WASHINGTON -- Using his strongest language yet, Chief Justice William
Rehnquist criticized Congress for passing legislation limiting
judicial sentencing discretion.

Justice Rehnquist, making the contentious issue the focus of his
annual year-end report on the federal judiciary, warned that
congressional questioning of judges' decisions, as well as monitoring
individual judge's actions, "could appear to be an unwarranted and
ill-considered effort to intimidate individual judges in the
performance of their judicial duties." He added that collecting data
on judges who hand down sentences milder than federal guidelines allow
"seems to me somewhat troubling."

The tension over sentencing discretion reflects broader strains
between the judicial and legislative branches. Last July, prodded by
House Majority Leader Tom Delay, 13 Republican House members formed
the House Working Group on Judicial Accountability, whose mission is
to identify judges who, in the group's view, make law rather than
faithfully interpret the Constitution.

The latest flap began in April, when Congress passed the Protect Act,
which increased penalties in cases of sexual assault on children. An
amendment limited judges' discretion in sentencing. In September, the
27-member Judicial Conference, which represents the more than 1,000
federal judges, called for repeal of the sentencing restrictions. The
group took particular aim at the law's provision designed to monitor
judges who depart from the guidelines.

Meanwhile, boxes filled with judges' sentencing-report records
continue to pour into the office of the U.S. Sentencing Commission, an
arm of the judicial branch.

In his annual report, Justice Rehnquist complained that Congress
didn't consult with the judicial branch on the legislation. He said,
"it surely improves the legislative process at least to ask the
judiciary its views on such a significant piece of
legislation."

No one answered the telephone on Wednesday in the Capitol Hill office
of Rep. Thomas Feeney, a Florida Republican who wrote the amendment to
the Protect Act that deals with sentencing discretion. Congress is in
recess for the holidays.

But, in a statement, Rep. James Sensenbrenner, chairman of the House
Judiciary Committee, took issue with the chief justice's
interpretation. "Congress held numerous public hearings on the subject
over the past few years. The downward departure and sentencing views
of many members of the federal judiciary were not a secret," he said.

Mr. Sensenbrenner added that the disagreement "resulted from a policy
dispute between Congress and the judiciary and did not result from any
breakdown in communication between the branches or a lack of
opportunity for judges to express their thoughts on this issue." He
noted that the measure passed Congress overwhelmingly.

A Justice Department official said the department had no comment on
the chief justice's report.

On another matter, the chief justice's report said that Congress
confirmed 13 appeals court judges during the year, but 17 other
nominations are still pending. Congressional Republicans and Democrats
are embroiled in a bitter brawl over judicial nominations, with
Democrats blocking several of President Bush's picks with filibusters.
The Democrats assert that certain nominees are too right-wing and out
of the judicial mainstream.

Justice Rehnquist also noted that Congress failed this year to
appropriately raise judicial salaries. Because Congress hasn't yet
completed work on its omnibus spending bill, judges are scheduled to
receive only a 1.5% cost-of-living increase. Judges haven't had a pay
raise above cost-of-living increases since 1991, according to a
spokeswoman at the Administrative Office of the U.S. Court.

As a result of budget strains, "many courts now face hiring freezes,
furloughs, or reductions in force," Justice Rehnquist said.

Gary Fields contributed to this article