APPENDIXES

APPENDIX I.-TEXTS OF BILLS

I

1018T CONGRESS

1ST SESSION

H. R. 1620

To amend provisions of title 28, United States Code, relating to judicial discipline, and to establish a commission to study the problems and issues involved in the appointment and tenure (including discipline and removal) of article III judges.

IN THE HOUSE OF REPRESENTATIVES

MARCH 23, 1989

Mr. KASTENMEIER (for himself, and Mr. MOORHEAD) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend provisions of title 28, United States Code, relating to judicial discipline, and to establish a commission to study the problems and issues involved in the appointment and tenure (including discipline and removal) of article III judges.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE.

4

This Act may be cited as the "Judicial Discipline and 5 Impeachment Reform Act of 1989".

1

2

TITLE I-JUDICIAL DISCIPLINE

2 SEC. 101. AMENDMENTS TO JUDICIAL COUNCILS REFORM AND

3

4

5

JUDICIAL CONDUCT AND DISABILITY ACT OF

1980.

(a) IDENTIFICATION OF COMPLAINTS BY CHIEF 6 JUDGE.-Paragraph (1) of section 372(c) of title 28, United 7 States Code, is amended by adding at the end the following: 8 "In the interests of the effective and expeditious administra9 tion of the business of the courts and on the basis of informa10 tion available to the chief judge of the circuit, the chief judge 11 may, by written order stating reasons therefor, identify a 12 complaint for purposes of this subsection and thereby dis13 pense with filing of a written complaint.".

14

(b) MEMBERSHIP OF SPECIAL INVESTIGATIVE COM15 MITTEES.-Paragraph (4) of section 372(c) of such title is 16 amended by adding at the end the following:

17 "A judge appointed to a special committee under this para18 graph may continue to serve on that committee after becom19 ing a senior judge or, in the case of the chief judge of the 20 circuit, after his term as chief judge terminates under subsec21 tion (a)(3) or (c) of section 45 of this title. If a judge appoint22 ed to a committee under this paragraph dies, or retires from 23 office under section 371(a) of this title, while serving on the 24 committee, the chief judge of the circuit may appoint another

HR 1620 IH

3

circuit or district judge, as the case may be, to the com

2 mittee.".

3

(c) PUBLIC AVAILABILITY OF IMPEACHMENT RECOM4 MENDATION.—(1) Paragraph (8) of section 372(c) of such 5 title is amended by adding at the end the following sentence: 6 "Upon receipt of the determination and record of proceedings 7 in the House of Representatives, the Clerk of the House shall 8 make available to the public the determination and any rea9 sons for the determination.".

(2) Paragraph (14) of such section is amended

(A) by striking out "All" and inserting in lieu thereof "Except as provided in paragraph (8), all";

(B) by striking out "unless" and inserting in lieu thereof "except to the extent that";

(C) in subparagraph (B) by inserting "such disclosure is" before "authorized";

(D) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and

(E) by inserting the following new subparagraph (A) immediately before subparagraph (B) (as so redes

ignated):

"(A) the judicial council of the circuit in its discretion releases a copy of a report of a special investigative committee to the complainant whose complaint ini

HR 1620 IH

4

1 tiated the report and to the judge or magistrate whose

2

3

conduct is the subject of the complaint;".

(d) IMPEACHMENT RECOMMENDATIONS WITH RE

4 SPECT TO CONVICTED JUDGES.-Section 372(c) of such title

5 is further amended

6

7

8

9

10

(1) in paragraph (8) by inserting "(A)" after "(8)"; and

(2) by inserting after such paragraph the following:

"(B) If a judge or magistrate has been convicted of a

11 felony and all direct appeals from the conviction have been 12 made and finally acted upon, or the time for filing such ap13 peals has passed and no appeals have been filed, the Judicial 14 Conference may, by majority vote and without referral or 15 certification under paragraph (7), transmit to the House of 16 Representatives a determination that consideration of im17 peachment may be warranted, together with appropriate 18 court records, for whatever action the House of Representa19 tives considers to be necessary.".

20 (e) RULES BY JUDICIAL CONFERENCE AND JUDICIAL 21 COUNCILS.-Paragraph (11) of section 372(c) of such title is 22 amended by adding at the end the following: "No rule pro23 mulgated under this subsection may limit the period of time 24 within which a person may file a complaint under this sub25 section.".

HR 1620 IH