ABSTRACT

Constitutionality of Legislation Extending the Terms of Office of United States Prole Commissioners: Memorandum for the Deputy Attorney General [July 15, 1994]   [open pdf - 35KB]

"You have asked for our opinion as to whether Pub. L. 101-650, § 316, which extends the terms of United States Parole Commissioners to November 1, 1997, violates the Appointments Clause of the Constitution. […] We conclude that it does not. The United States Parole Commission ('Parole Commission') is an 'independent agency in the Department of Justice,' 18 U.S.C. § 4202, and is vested with authority to establish the organizational structure for receiving, hearing, and deciding requests for parole; to grant or deny an application for parole; to impose reasonable conditions on an order granting parole; to modify or revoke an order paroling any prisoner; to request probation officers and any other appropriate individuals or entities to assist or supervise parolees; and to issue rules and regulations for effectuating these powers. Id. § 4203. In addition, the Chairman of the Parole Commission has the authority to appoint and fix the compensation of the Parole Commission's employees, including hearing officers, to assign duties among officers and employees of the Parole Commission, and to otherwise administer the Parole Commission. […] The Parole Commission comprises nine commissioners appointed for six year terms. The statute also includes a holdover provision under which commissioners continue to serve until a successor is appointed, 'except that no commissioner may serve in excess of twelve years.'"

Publisher:
Date:
1994-07-15
Copyright:
Public Domain
Retrieved From:
United States. Department of Justice: http://www.justice.gov/
Media Type:
application/pdf
URL:
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