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101ST CONGRESS 1ST SESSION

H. R. 1930

To amend section 371 of title 28, United States Code, to provide that justices and judges in senior status, in order to receive certain salary increases, be certified as having performed a certain amount of work each year.

IN THE HOUSE OF REPRESENTATIVES

APRIL 13, 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 section 371 of title 28, United States Code, to provide that justices and judges in senior status, in order to receive certain salary increases, be certified as having performed a certain amount of work each year.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. WORK PERFORMED BY SENIOR JUDGES IN ORDER

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TO RECEIVE CERTAIN SALARY INCREASES.

Section 371 of title 28, United States Code, is

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(1) in subsection (b)

(A) by inserting "or her" after "his"; and

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(B) by inserting before the period at the end the following: "if he or she meets the require

ments of subsection (e). In a case in which such justice or judge does not meet such requirements, the justice or judge shall continue to receive the salary that he or she was receiving when he or she was last in active service or, if a certification under subsection (e) was made for such justice or judge, when such a certification was last in effect. Such justice or judge shall be entitled to any per

centage increase in salary accorded to other justices or judges, as the case may be, in regular active service, which corresponds to the percent

age increase in salary which, pursuant to section 5305 of title 5, is accorded to employees paid under the General Schedule."; and

(2) by adding at the end the following new sub

section:

"(e) In order to continue receiving the salary of the 20 office under subsection (b), a justice must be certified by the 21 Chief Justice, and a judge must be certified by the chief judge 22 of the circuit in which the judge sits, as having met at least 23 one of the following criteria:

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"(1) The justice or judge must have carried in the preceding calendar year a caseload involving courtroom

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participation which is equal to or greater than the amount of work involving courtroom participation which an average judge in active service would perform in three months. Such caseload shall be deter

mined pursuant to criteria approved by the Judicial Conference of the United States. In the instance of a justice or judge who has sat on both district courts and

courts of appeals, the caseload of appellate work and trial work shall be determined separately and the results of those determinations added together for pur

poses of this paragraph.

“(2) The justice or judge performed in the preceding calendar year substantial judicial duties not involving courtroom participation under paragraph (1), including settlement efforts, motion decisions, and writ

ing opinions in cases that have not been orally argued. Any certification under this paragraph shall include a statement describing in detail the nature and amount of work and certifying that the work done is equal to or greater than the work described in this paragraph which an average judge in active service would perform in three months.

"(3) The justice or judge has, in the preceding calendar year, performed work described in paragraphs (1) and (2) in an amount which, when calculated in ac

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cordance with such paragraphs, in the aggregate equals at least 3 months work.

"(4) The justice or judge has, in the preceding calendar year, performed substantial administrative duties directly related to the operation of the courts. A certification under this paragraph shall specify that the work done is equal to the full-time work of an employee of the judicial branch.

"(5) The justice or judge was unable in the preceding calendar year to perform judicial or administrative work to the extent required by any of paragraphs (1) through (4) because of a disability but is expected

to be able to begin the performance of such judicial or administrative work within 12 months. A justice or judge who has been certified under this paragraph may not thereafter be certified under this paragraph until he or she has been certified under paragraph (1), (2), (3),

or (4). For purposes of subsection (b), a justice or judge who is certified under this paragraph shall be deemed to have met the requirements of this subsection for the

calendar year following the calendar year for which the certification of disability was made.

23 If in any year a justice or judge who retires under subsection 24 (b) does not receive a certification under this subsection

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1 (except as provided in paragraph (5)), he or she is thereafter

2 ineligible to receive such a certification.".

3 SEC. 2. EFFECTIVE DATE.

4 The amendments made by this Act shall first apply with

5 respect to work performed on or after January 1, 1990, by a 6 justice or judge of the United States who has retired under 7 section 371(b) of title 28, United States Code.

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