The Joint Committee held one hearing (June 29, 1993) on legislative-judicial relationships. Two Federal appellate judges (the Honorable Patricia Wald and the Honorable Alex Kozinski), a former Representative (Robert Kastenmeier of Wisconsin who chaired a Judiciary subcommittee dealing with Federal courts), and a legal scholar (Robert Katzmann) testified generally on legislative-judicial issues and specifically on the role of legislative history in statutory construction. The Governance Institute, headed by Professor Katzmann, provided welcome assistance to the Joint Committee in structuring this hearing.

Although the Joint Committee did not formally propose recommendations in this area, the Committee recognizes the critical importance of the Congress-Court connection and the value of improving communication and understanding between the legislative and judicial branches of government. Accordingly, the Joint Committee encourages the appropriate committees of jurisdiction in the House and Senate to monitor regularly and systematically Federal court decisions and to report periodically to their respective Chambers on the significant issues that merit review in this relationship. By these and related actions, all Members of Congress can be kept fully informed about Federal court decisions that affect the institutional interests of the House and Senate.

In addition, the Joint Committee believes that it may be worthwhile for appropriate committees of the House and Senate to consider ways to develop additional formal and informal means of dialogue and discussion between the two branches. Friction between the legislative and judicial branches is a function in part of the separation of powers and checks and balances system given to us by the Founding Fathers. Some interbranch friction may also result from misunderstandings between the two about the values and incentives of the legislative and judicial worlds. That there will always be friction between legislatures and courts does not mean that many lawmakers and judges might not benefit and profit from discussions of particular issues in settings conducive to this kind of dialogue. Many legislative-judicial issues, in short, could be dissipated simply by creating channels of communication which foster awareness and understanding of the interests and roles of Congress and the judiciary.