Judicial Disciplinary Proceedings Act of 1997 - Amends the Federal judicial code to direct that proceedings on complaints filed with respect to the conduct of a judge or magistrate judge be held by a circuit other than the circuit within which the judge serves.
Directs the Judicial Conference to prescribe rules, consistent with this Act, establishing: (1) procedures for the filing of complaints regarding the conduct of any judge of the United States Court of Federal Claims, the Court of International Trade, or the Court of Appeals for the Federal Circuit, and for the investigation and resolution of such complaints; and (2) a system for referring complaints filed regarding the conduct of a judge of any such court to any of the first 11 judicial circuits or to another court for investigation and resolution.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 702 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 702
To amend section 372 of title 28, United States Code, to provide that
proceedings on complaints filed with respect to conduct of a judge or
magistrate judge of a court be held by a circuit other than the circuit
within which the judge serves, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 1997
Mr. Bryant (for himself, Mr. Barr of Georgia, Mr. Bono, Mr. Canady of
Florida, Mr. Goodlatte, Mr. Hostettler, Mr. McCollum, Mr. Schumer, Mr.
Sensenbrenner, Mr. Smith of Texas, and Mr. Duncan) introduced the
following bill; which was referred to the Committee on Judiciary
_______________________________________________________________________
A BILL
To amend section 372 of title 28, United States Code, to provide that
proceedings on complaints filed with respect to conduct of a judge or
magistrate judge of a court be held by a circuit other than the circuit
within which the judge serves, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Disciplinary Proceedings
Act of 1997''.
SEC. 2. PROCEEDINGS ON COMPLAINTS AGAINST JUDICIAL CONDUCT.
Section 372(c) of title 28, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(c)(1)''; and
(B) by adding at the end the following: ``In the
case of a complaint so identified, the chief judge
shall notify the clerk of the court of appeals of the
complaint, together with a brief statement of the facts
underlying the complaint.
``(B) Complaints filed under subparagraph (A) in one judicial
circuit will be referred to another judicial circuit for proceedings
under this subsection, in accordance with a system established by rule
by the Judicial Conference, which prescribes the circuits to which the
complaints will be referred. The Judicial Conference shall establish
and submit to the Congress the system described in the preceding
sentence not later than 180 days after the date of the enactment of
this subparagraph.'';
(2) in paragraph (2)--
(A) by amending the first sentence to read as
follows: ``Upon receipt of a complaint filed or notice
of a complaint identified under paragraph (1) of this
subsection, the clerk shall promptly transmit such
complaint or (in the case of a complaint identified
under paragraph (1)) the statement of facts underlying
the complaint to the chief judge of the circuit
assigned to conduct proceedings on the complaint in
accordance with the system established under paragraph
(1)(B) (hereafter in this subsection referred to as the
`chief judge').''; and
(B) in the second sentence by inserting ``or
statement of facts underlying the complaint (as the
case may be)'' after ``copy of the complaint'';
(3) in paragraph (4)(A) by inserting ``(to which the
complaint or statement of facts underlying the complaint is
referred)'' after ``the circuit'';
(4) in paragraph (5)--
(A) in the first sentence by inserting ``to which
the complaint or statement of facts underlying the
complaint is referred'' after ``the circuit''; and
(B) in the second sentence by striking ``the
circuit'' and inserting ``that circuit'';
(5) in the first sentence of paragraph (15) by inserting
before the period at the end the following: ``in which the
complaint was filed or identified under paragraph (1)''; and
(6) by amending paragraph (18) to read as follows:
``(18) The Judicial Conference shall prescribe rules, consistent
with the preceding provisions of this subsection--
``(A) establishing procedures for the filing of complaints
with respect to the conduct of any judge of the United States
Court of Federal Claims, the Court of International Trade, or
the Court of Appeals for the Federal Circuit, and for the
investigation and resolution of such complaints; and
``(B) establishing a system for referring complaints filed
with respect to the conduct of a judge of any such court to any
of the first eleven judicial circuits or to another court for
investigation and resolution.
The Judicial Conference shall establish and submit to the Congress the
system described in subparagraph (B) not later than 180 days after the
date of the enactment of the Judicial Disciplinary Proceedings Act of
1997.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act apply to complaints filed on or
after the 180th day after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts and Intellectual Property.
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