Directs the chief judge to expeditiously review complaints. Authorizes: (1) the chief judge to conduct a limited inquiry; and (2) a complainant or judge aggrieved by a final order of the chief judge to petition the judicial council of the circuit for review. Makes denial of a petition for review final.
Requires the chief judge, if not entering such an order, to form a special committee to investigate the allegations. Authorizes the judicial council, upon receipt of a report by the committee, to: (1) conduct any necessary additional investigation; and (2) dismiss the complaint. Directs the council, if the complaint is not dismissed, to take appropriate action to assure the effective and expeditious administration of the business of the courts within the circuit.
Delineates possible actions by the judicial council if the complaint is not dismissed, including: (1) ordering that, on a temporary basis for a time certain, no further cases be assigned to the judge whose conduct is the subject of a complaint; and (2) censuring or reprimanding the judge by means of private communication or public announcement.
Includes among possible actions with respect to: (1) Article III judges, certifying disability of the judge pursuant to specified procedures and standards, and requesting that the judge voluntarily retire, with the provision that length of service requirements not apply; and (2) magistrate judges, directing the chief judge of the district of the magistrate judge to take appropriate action. Sets forth limitations on judicial council removals.
Provides for referral of complaints to the Judicial Conference of the United States. Directs the Judicial Conference, if it finds impeachment warranted, to certify and transmit the determination and record of proceedings to the House of Representatives.
Sets forth provisions regarding: (1) a judicial council's subpoena power; (2) judges' petitions for review of adverse orders and actions; (3) rules for the conduct of proceedings under this Act; (4) restrictions on individuals who are the subject of an investigation; (5) confidentiality of proceedings; and (6) the effect of a felony conviction on a judge's continued service and creditable service.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2713 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2713
To amend title 28, United States Code, to make certain modifications in
the judicial discipline procedures, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2002
Mr. Leahy (for himself and Mr. Thompson) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to make certain modifications in
the judicial discipline procedures, 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 Improvements Act of 2002''.
SEC. 2. JUDICIAL DISCIPLINE PROCEDURES.
(a) In General.--Part I of title 28, United States Code, is amended
by inserting after chapter 15 the following new chapter:
``CHAPTER 16--COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE
``Sec.
``351. Complaints; judge defined.
``352. Review of complaint by chief judge.
``353. Special committees.
``354. Action by judicial council.
``355. Action by Judicial Conference.
``356. Subpoena power.
``357. Review of orders and actions.
``358. Rules.
``359. Restrictions.
``360. Disclosure of information.
``361. Reimbursement of expenses.
``362. Other provisions and rules not affected.
``363. Court of Federal Claims, Court of International Trade, Court of
Appeals for the Federal Circuit.
``364. Effect of felony conviction.
``Sec. 351. Complaints; judge defined
``(a) Filing of Complaint by Any Person.--Any person alleging that
a judge has engaged in conduct prejudicial to the effective and
expeditious administration of the business of the courts, or alleging
that such judge is unable to discharge all the duties of office by
reason of mental or physical disability, may file with the clerk of the
court of appeals for the circuit a written complaint containing a brief
statement of the facts constituting such conduct.
``(b) Identifying Complaint by Chief Judge.--In the interests of
the effective and expeditious administration of the business of the
courts and on the basis of information available to the chief judge of
the circuit, the chief judge may, by written order stating reasons
therefor, identify a complaint for purposes of this chapter and thereby
dispense with filing of a written complaint.
``(c) Transmittal of Complaint.--Upon receipt of a complaint filed
under subsection (a), the clerk shall promptly transmit the complaint
to the chief judge of the circuit, or, if the conduct complained of is
that of the chief judge, to that circuit judge in regular active
service next senior in date of commission (hereafter, for purposes of
this chapter only, included in the term `chief judge'). The clerk shall
simultaneously transmit a copy of the complaint to the judge whose
conduct is the subject of the complaint. The clerk shall also transmit
a copy of any complaint identified under subsection (b) to the judge
whose conduct is the subject of the complaint.
``(d) Definitions.--In this chapter--
``(1) the term `judge' means a circuit judge, district
judge, bankruptcy judge, or magistrate judge; and
``(2) the term `complainant' means the person filing a
complaint under subsection (a) of this section.
``Sec. 352. Review of complaint by chief judge
``(a) Expeditious Review; Limited Inquiry.--The chief judge shall
expeditiously review any complaint received under section 351(a) or
identified under section 351(b). In determining what action to take,
the chief judge may conduct a limited inquiry for the purpose of
determining--
``(1) whether appropriate corrective action has been or can
be taken without the necessity for a formal investigation; and
``(2) whether the facts stated in the complaint are either
plainly untrue or are incapable of being established through
investigation.
For this purpose, the chief judge may request the judge whose conduct
is complained of to file a written response to the complaint. Such
response shall not be made available to the complainant unless
authorized by the judge filing the response. The chief judge or his or
her designee may also communicate orally or in writing with the
complainant, the judge whose conduct is complained of, and any other
person who may have knowledge of the matter, and may review any
transcripts or other relevant documents. The chief judge shall not
undertake to make findings of fact about any matter that is reasonably
in dispute.
``(b) Action by Chief Judge Following Review.--After expeditiously
reviewing a complaint under subsection (a), the chief judge, by written
order stating his or her reasons, may--
``(1) dismiss the complaint--
``(A) if the chief judge finds the complaint to
be--
``(i) not in conformity with section
351(a);
``(ii) directly related to the merits of a
decision or procedural ruling; or
``(iii) frivolous, lacking sufficient
evidence to raise an inference that misconduct
has occurred, or containing allegations which
are incapable of being established through
investigation; or
``(B) when a limited inquiry conducted under
subsection (a) demonstrates that the allegations in the
complaint lack any factual foundation or are
conclusively refuted by objective evidence; or
``(2) conclude the proceeding if the chief judge finds that
appropriate corrective action has been taken or that action on
the complaint is no longer necessary because of intervening
events.
The chief judge shall transmit copies of the written order to the
complainant and to the judge whose conduct is the subject of the
complaint.
``(c) Review of Orders of Chief Judge.--A complainant or judge
aggrieved by a final order of the chief judge under this section may
petition the judicial council of the circuit for review thereof. The
denial of a petition for review of the chief judge's order shall be
final and conclusive and shall not be judicially reviewable on appeal
or otherwise.
``(d) Referral of Petitions for Review to Panels of the Judicial
Council.--Each judicial council may, pursuant to rules prescribed under
section 358, refer a petition for review filed under subsection (c) to
a panel of no fewer than 5 members of the council, at least 2 of whom
shall be district judges.
``Sec. 353. Special committees
``(a) Appointment.--If the chief judge does not enter an order
under section 352(b), the chief judge shall promptly--
``(1) appoint himself or herself and equal numbers of
circuit and district judges of the circuit to a special
committee to investigate the facts and allegations contained in
the complaint;
``(2) certify the complaint and any other documents
pertaining thereto to each member of such committee; and
``(3) provide written notice to the complainant and the
judge whose conduct is the subject of the complaint of the
action taken under this subsection.
``(b) Change in Status or Death of Judges.--A judge appointed to a
special committee under subsection (a) may continue to serve on that
committee after becoming a senior judge or, in the case of the chief
judge of the circuit, after his or her term as chief judge terminates
under subsection (a)(3) or (c) of section 45. If a judge appointed to a
committee under subsection (a) dies, or retires from office under
section 371(a), while serving on the committee, the chief judge of the
circuit may appoint another circuit or district judge, as the case may
be, to the committee.
``(c) Investigation by Special Committee.--Each committee appointed
under subsection (a) shall conduct an investigation as extensive as it
considers necessary, and shall expeditiously file a comprehensive
written report thereon with the judicial council of the circuit. Such
report shall present both the findings of the investigation and the
committee's recommendations for necessary and appropriate action by the
judicial council of the circuit.
``Sec. 354. Action by judicial council
``(a) Actions Upon Receipt of Report.--
``(1) Actions.--The judicial council of a circuit, upon
receipt of a report filed under section 353(c)--
``(A) may conduct any additional investigation
which it considers to be necessary;
``(B) may dismiss the complaint; and
``(C) if the complaint is not dismissed, shall take
such action as is appropriate to assure the effective
and expeditious administration of the business of the
courts within the circuit.
``(2) Description of possible actions if complaint not
dismissed.--
``(A) In general.--Action by the judicial council
under paragraph (1)(C) may include--
``(i) ordering that, on a temporary basis
for a time certain, no further cases be
assigned to the judge whose conduct is the
subject of a complaint;
``(ii) censuring or reprimanding such judge
by means of private communication; and
``(iii) censuring or reprimanding such
judge by means of public announcement.
``(B) For article iii judges.--If the conduct of a
judge appointed to hold office during good behavior is
the subject of the complaint, action by the judicial
council under paragraph (1)(C) may include--
``(i) certifying disability of the judge
pursuant to the procedures and standards
provided under section 372(b); and
``(ii) requesting that the judge
voluntarily retire, with the provision that the
length of service requirements under section
371 of this title shall not apply.
``(C) For magistrate judges.--If the conduct of a
magistrate judge is the subject of the complaint,
action by the judicial council under paragraph (1)(C)
may include directing the chief judge of the district
of the magistrate judge to take such action as the
judicial council considers appropriate.
``(3) Limitations on judicial council regarding removals.--
``(A) Article iii judges.--Under no circumstances
may the judicial council order removal from office of
any judge appointed to hold office during good
behavior.
``(B) Magistrate and bankruptcy judges.--Any
removal of a magistrate judge under this subsection
shall be in accordance with section 631 and any removal
of a bankruptcy judge shall be in accordance with
section 152.
``(4) Notice of action to judge.--The judicial council
shall immediately provide written notice to the complainant and
to the judge whose conduct is the subject of the complaint of
the action taken under this subsection.
``(b) Referral to Judicial Conference.--
``(1) In general.--In addition to the authority granted
under subsection (a), the judicial council may, in its
discretion, refer any complaint under section 351, together
with the record of any associated proceedings and its
recommendations for appropriate action, to the Judicial
Conference of the United States.
``(2) Special circumstances.--In any case in which the
judicial council determines, on the basis of a complaint and an
investigation under this chapter, or on the basis of
information otherwise available to the judicial council, that a
judge appointed to hold office during good behavior may have
engaged in conduct--
``(A) which might constitute one or more grounds
for impeachment under article II of the Constitution,
or
``(B) which, in the interest of justice, is not
amenable to resolution by the judicial council,
the judicial council shall promptly certify such determination,
together with any complaint and a record of any associated
proceedings, to the Judicial Conference of the United States.
``(3) Notice to complainant and judge.--A judicial council
acting under authority of this subsection shall, unless
contrary to the interests of justice, immediately submit
written notice to the complainant and to the judge whose
conduct is the subject of the action taken under this
subsection.
``Sec. 355. Action by Judicial Conference
``(a) In General.--Upon referral or certification of any matter
under section 354(b), the Judicial Conference, after consideration of
the prior proceedings and such additional investigation as it considers
appropriate, shall by majority vote take such action, as described in
section 354(a)(1)(C) and (2), as it considers appropriate.
``(b) If Impeachment Warranted.--
``(1) In general.--If the Judicial Conference concurs in
the determination of the judicial council, or makes its own
determination, that consideration of impeachment may be
warranted, it shall so certify and transmit the determination
and the record of proceedings to the House of Representatives
for whatever action the House of Representatives considers to
be necessary. Upon receipt of the determination and record of
proceedings in the House of Representatives, the Clerk of the
House of Representatives shall make available to the public the
determination and any reasons for the determination.
``(2) In case of felony conviction.--If a judge has been
convicted of a felony under State or Federal law and has
exhausted all means of obtaining direct review of the
conviction, or the time for seeking further direct review of
the conviction has passed and no such review has been sought,
the Judicial Conference may, by majority vote and without
referral or certification under section 354(b), transmit to the
House of Representatives a determination that consideration of
impeachment may be warranted, together with appropriate court
records, for whatever action the House of Representatives
considers to be necessary.
``Sec. 356. Subpoena power
``(a) Judicial Councils and Special Committees.--In conducting any
investigation under this chapter, the judicial council, or a special
committee appointed under section 353, shall have full subpoena powers
as provided in section 332(d).
``(b) Judicial Conference and Standing Committees.--In conducting
any investigation under this chapter, the Judicial Conference, or a
standing committee appointed by the Chief Justice under section 331,
shall have full subpoena powers as provided in that section.
``Sec. 357. Review of orders and actions
``(a) Review of Action of Judicial Council.--A complainant or judge
aggrieved by an action of the judicial council under section 354 may
petition the Judicial Conference of the United States for review
thereof.
``(b) Action of Judicial Conference.--The Judicial Conference, or
the standing committee established under section 331, may grant a
petition filed by a complainant or judge under subsection (a).
``(c) No Judicial Review.--Except as expressly provided in this
section and section 352(c), all orders and determinations, including
denials of petitions for review, shall be final and conclusive and
shall not be judicially reviewable on appeal or otherwise.
``Sec. 358. Rules
``(a) In General.--Each judicial council and the Judicial
Conference may prescribe such rules for the conduct of proceedings
under this chapter, including the processing of petitions for review,
as each considers to be appropriate.
``(b) Required Provisions.--Rules prescribed under subsection (a)
shall contain provisions requiring that--
``(1) adequate prior notice of any investigation be given
in writing to the judge whose conduct is the subject of a
complaint under this chapter;
``(2) the judge whose conduct is the subject of a complaint
under this chapter be afforded an opportunity to appear (in
person or by counsel) at proceedings conducted by the
investigating panel, to present oral and documentary evidence,
to compel the attendance of witnesses or the production of
documents, to cross-examine witnesses, and to present argument
orally or in writing; and
``(3) the complainant be afforded an opportunity to appear
at proceedings conducted by the investigating panel, if the
panel concludes that the complainant could offer substantial
information.
``(c) Procedures.--Any rule prescribed under this section shall be
made or amended only after giving appropriate public notice and an
opportunity for comment. Any such rule shall be a matter of public
record, and any such rule promulgated by a judicial council may be
modified by the Judicial Conference. No rule promulgated under this
section may limit the period of time within which a person may file a
complaint under this chapter.
``Sec. 359. Restrictions
``(a) Restriction on Individuals Who Are Subject of
Investigation.--No judge whose conduct is the subject of an
investigation under this chapter shall serve upon a special committee
appointed under section 353, upon a judicial council, upon the Judicial
Conference, or upon the standing committee established under section
331, until all proceedings under this chapter relating to such
investigation have been finally terminated.
``(b) Amicus Curiae.--No person shall be granted the right to
intervene or to appear as amicus curiae in any proceeding before a
judicial council or the Judicial Conference under this chapter.
``Sec. 360. Disclosure of information
``(a) Confidentiality of Proceedings.--Except as provided in
section 355, all papers, documents, and records of proceedings related
to investigations conducted under this chapter shall be confidential
and shall not be disclosed by any person in any proceeding except to
the extent that--
``(1) the judicial council of the circuit in its discretion
releases a copy of a report of a special committee under
section 353(c) to the complainant whose complaint initiated the
investigation by that special committee and to the judge whose
conduct is the subject of the complaint;
``(2) the judicial council of the circuit, the Judicial
Conference of the United States, or the Senate or the House of
Representatives by resolution, releases any such material which
is believed necessary to an impeachment investigation or trial
of a judge under article I of the Constitution; or
``(3) such disclosure is authorized in writing by the judge
who is the subject of the complaint and by the chief judge of
the circuit, the Chief Justice, or the chairman of the standing
committee established under section 331.
``(b) Public Availability of Written Orders.--Each written order to
implement any action under section 354(a)(1)(C), which is issued by a
judicial council, the Judicial Conference, or the standing committee
established under section 331, shall be made available to the public
through the appropriate clerk's office of the court of appeals for the
circuit. Unless contrary to the interests of justice, each such order
shall be accompanied by written reasons therefor.
``Sec. 361. Reimbursement of expenses
``Upon the request of a judge whose conduct is the subject of a
complaint under this chapter, the judicial council may, if the
complaint has been finally dismissed under section 354(a)(1)(B),
recommend that the Director of the Administrative Office of the United
States Courts award reimbursement, from funds appropriated to the
Federal judiciary, for those reasonable expenses, including attorneys'
fees, incurred by that judge during the investigation which would not
have been incurred but for the requirements of this chapter.
``Sec. 362. Other provisions and rules not affected
``Except as expressly provided in this chapter, nothing in this
chapter shall be construed to affect any other provision of this title,
the Federal Rules of Civil Procedure, the Federal Rules of Criminal
Procedure, the Federal Rules of Appellate Procedure, or the Federal
Rules of Evidence.
``Sec. 363. Court of Federal Claims, Court of International Trade,
Court of Appeals for the Federal Circuit
``The United States Court of Federal Claims, the Court of
International Trade, and the Court of Appeals for the Federal Circuit
shall each prescribe rules, consistent with the provisions of this
chapter, establishing procedures for the filing of complaints with
respect to the conduct of any judge of such court and for the
investigation and resolution of such complaints. In investigating and
taking action with respect to any such complaint, each such court shall
have the powers granted to a judicial council under this chapter.
``Sec. 364. Effect of felony conviction
``In the case of any judge or judge of a court referred to in
section 363 who is convicted of a felony under State or Federal law and
has exhausted all means of obtaining direct review of the conviction,
or the time for seeking further direct review of the conviction has
passed and no such review has been sought, the following shall apply:
``(1) The judge shall not hear or decide cases unless the
judicial council of the circuit (or, in the case of a judge of
a court referred to in section 363, that court) determines
otherwise.
``(2) Any service as such judge or judge of a court
referred to in section 363, after the conviction is final and
all time for filing appeals thereof has expired, shall not be
included for purposes of determining years of service under
section 371(c), 377, or 178 of this title or creditable service
under subchapter III of chapter 83, or chapter 84, of title
5.''.
(b) Conforming Amendment.--The table of chapters for part I of
title 28, United States Code, is amended by inserting after the item
relating to chapter 15 the following new item:
``16. Complaints against judges and judicial discipline..... 351''.
SEC. 3. TECHNICAL AMENDMENTS.
(a) Retirement for Disability.--(1) Section 372 of title 28, United
States Code, is amended--
(A) in the section caption by striking ``; judicial
discipline''; and
(B) by striking subsection (c).
(2) The item relating to section 372 in the table of sections for
chapter 17 of title 28, United States Code, is amended by striking ``;
judicial discipline''.
(b) Judicial Conference.--Section 331 of title 28, United States
Code, is amended in the fourth undesignated paragraph by striking
``section 372(c)'' each place it appears and inserting ``chapter 16''.
(c) Judicial Councils.--Section 332 of title 28, United States
Code, is amended--
(1) in subsection (d)(2)--
(A) by striking ``section 372(c) of this title''
and inserting ``chapter 16 of this title''; and
(B) by striking ``372(c)(4)'' and inserting
``353''; and
(2) by striking the second subsection designated as
subsection (h).
(d) Recall of Bankruptcy Judges and Magistrate Judges.--Section
375(d) of title 28, United States Code, is amended by striking
``section 372(c)'' and inserting ``chapter 16''.
(e) Director of the Administrative Office of the United States
Courts.--Section 604 of title 28, United States Code, is amended--
(1) in subsection (a)(20)--
(A) in subparagraph (B), by striking ``372(c)(11)''
and inserting ``358''; and
(B) in subparagraph (C), by striking ``372(c)(15)''
and inserting ``360(b)''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``section 372''
each place it appears and inserting ``chapter 16''; and
(B) in paragraph (2), by striking ``section
372(c)'' and inserting ``chapter 16''.
(f) Court of Appeals for Veterans Claims.--Section 7253(g) of title
38, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``section 372(c)'' and inserting
``chapter 16''; and
(B) by striking ``such section'' and inserting
``such chapter'';
(2) in paragraph (2)--
(A) in the first sentence, by striking ``paragraphs
(7) through (15) of section 372(c)'' and inserting
``sections 354(b) through 360''; and
(B) in the second sentence, by striking ``paragraph
(7) or (8) of section 372(c)'' and inserting ``section
354(b) or 355''; and
(3) in paragraph (3)(B), by striking ``372(c)(16)'' and
inserting ``361''.
SEC. 4. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6503-6504)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6504-6506)
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 533.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line