1018T CONGRESS 1ST SESSION H.R.2181 To restore lost compensation and establish the procedure for adjusting future compensation of justices and judges of the United States. I IN THE HOUSE OF REPRESENTATIVES MAY 2, 1989 Mr. KASTENMEIER (for himself and Mr. MOORHEAD) (both by request) introduced the following bill; which was referred jointly to the Committees on Post Office and Civil Service and the Judiciary A BILL To restore lost compensation and establish the procedure for adjusting future compensation of justices and judges of the United States. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 5 The justices and judges of the United States referred to 6 in paragraph (a) below shall receive a compensation that con7 sists of the salary of the respective judicial offices provided by 8 title 28, United States Code, adjusted as provided in para9 graphs (a) and (b) of this section. 2 (a) Notwithstanding sections 5, 44(d), 135, and 252 of 2 title 28, United States Code, the annual salary rates of the 3 Chief Justice of the United States, Associate Justices of the 4 Supreme Court of the United States, United States Circuit 5 Judges, United States District Judges, and Judges of the 6 United States Court of International Trade, are hereby in7 creased in the amount of 30 per centum of their respective 8 existing rates, effective March 1, 1989. 9 (b) Section 461 of title 28, United States Code, is 10 amended by striking paragraph (a) and inserting in lieu there 11 of the following: 12 "(a) Effective on the same date that civil service retire 13 ment annuities payable under chapter 83 of title 5 are in14 creased as provided by section 8340 of that title, each salary 15 rate which is subject to adjustment under this section shall be 16 adjusted by the same percentage amount as the annuity ad17 justment under section 8340 of title 5, rounded to the nearest 18 multiple of $100 (or, if midway between multiples of $100, to 19 the next highest multiple of $100).". 20 (c) Section 140 of Public Law No. 97-92, 95 Stat. 1200, 21 is hereby repealed. 22 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 23 There are hereby authorized to be appropriated such 24 sums as necessary to carry out the purposes of this Act. HR 2181 IH ΙΑ 1018T CONGRESS 1ST SESSION H. J. RES. 294 Proposing an amendment to the Constitution of the United States to provide for the automatic removal of Federal judges upon their conviction of serious crimes. IN THE HOUSE OF REPRESENTATIVES Mr. SANGMEISTER (for himself, Mr. COSTELLO, Mr. DURBIN, Mr. LIPINSKI, Mr. POSHARD, Mr. COBLE, and Mr. HUTTO) introduced the following joint resolution; which was referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to provide for the automatic removal of Federal judges upon their conviction of serious crimes. 1 Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled 3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Constitu5 tion of the United States, which shall be valid to all intents 6 and purposes as part of the Constitution when ratified by the 7 legislatures of three-fourths of the several States within 8 seven years after the date of its submission for ratification: 1 2 2 "ARTICLE "Upon conviction of a criminal offense punishable by 3 more than one year's imprisonment, a person holding office 4 as a judge or justice of a court established by or under article 5 III of this Constitution shall cease to hold such office.". HJ 294 IH At the April 27, 1989 meeting of the Subcommittee on Courts, Intellectual Property, and the Administration of Justice, Committee members expressed concern over the problem, or perception relating to senior federal judges who do not do not perform substantial judicial work. At the Subcommittee hearing Judge Frank Coffin referred (draft transcript, p. 15) to 50 judges who are not performing judicial services today; this was based upon their not being certified by their judicial councils for staff and chambers. Later I suggested (id., p. 63) that "there are probably about 15 [of the 50] who are of age and physical capacity to work who are not working." The Chairman noted, quite properly, his uncertainty about our differing figures (id., p. 64). The answer lies in the fact that Judge Coffin and I were talking about different subjects, as I explain below. I write this letter to explain the difference, to remove any confusion that I may have caused, and to amplify the point I was trying to make. I respectfully request that this letter be made a part of the record for these purposes. A reading of Judge Coffin's testimony makes clear that he was speaking of a list of 50 senior judges who. are not furnished staff and chambers and, therefore, by hypothesis, are not performing substantial judicial service. His testimony did not address the number or percentage of that 50 who are able physically and mentally to work (beyond noting that seven are on disability retirement). I was attempting to address the size of the problem with which you and other Committee members were concerned--how many of the 50 do not work but could do so. Since the Committee meeting, utilizing the list to which Judge Coffin referred (my copy has 49 names rather than 50), I have made calls to numerous sources in many courts to try to ascertain how many of the 50 are able to work. In each instance I have urged a straightforward response. |