BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007
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b. Preface
As was the purpose of the first edition published in 1969 by the Federal Judicial Center, the purpose of this fifth edition of the Benchbook for U.S. District Court Judges is to provide a quick, practical guide to help judges with situations they are likely to encounter on the bench. Although the Benchbook is written primarily for district court judges and magistrate judges, bankruptcy judges may also find useful information provided in many of the sections. The Benchbook covers procedures that are required by statute, rule, or case law, offering detailed guidance from experienced trial judges on these requirements and other matters that arise in the courtroom. New judges in particular should benefit from the Benchbook, but even experienced judges may find useful reminders on how to deal with routine matters or helpful starting points when they face particular situations for the first time.
This edition of the Benchbook incorporates recent changes to relevant statutes, rules, and case law, including new material covering United States v. Booker, 125 S. Ct. 738 (2005), and the Crime Victims’ Rights Act (18 USC 3771). There is a new section on preliminary injunctions, and a revised grand jury charge, which was created by merging the former Benchbook charge with the charge approved in 1986 by the Judicial Conference of the United States.
It is important to emphasize that the material in the Benchbook represents only the Benchbook Committee’s recommended approaches for dealing with specific situations. While the information provided is deemed to be accurate, responsible, and valuable, it is not intended to serve as authority and should not be cited as such. And because circuit law may vary, especially on procedures, judges should always check the requirements of their circuit’s law.
The materials presented in the Benchbook were prepared by experienced judges. The book is reviewed, updated, and added to by each succeeding Committee, together with Center staff. The Center would like to thank the members of the Benchbook Committee, who are appointed by the Chief Justice. The Committee is chaired by Judge Loretta A. Preska (S.D.N.Y.) and consists of Judge Joseph F. Anderson, Jr. (D.S.C.), Judge Irma E. Gonzalez (S.D. Cal.), Judge James A, Parker (D.N.M.), Judge Paul L. Friedman (D.D.C.), and Mr. John R. Steer, Vice Chair of the United States Sentencing Commission. We also thank Judge Wayne E. Alley (W.D. Okla.), who chaired the Committee during the initial drafting of these revisions before retiring from the bench in 2004.
I would also like to express the Center’s appreciation to other judges who contributed suggestions, and to members of the Judicial Conference’s Court Administration and Case Management Committee and staff at the Administrative Office of the U.S. Courts, with whom we have consulted about particular topics.
We hope this edition of the Benchbook serves you well and invite your continued comments and suggestions for making it better.
Barbara J. Rothstein
Director, Federal Judicial Center