Judicial Tenure Act - Establishes a 13-member Council on Judicial Tenure, consisting of one member from each judicial circuit and one member from each of the Court of Customs and Patent Appeals, Court of Claims, and the Customs Court, to receive and investigate written complaints by any person concerning a Justice or judge of the United States. Directs the Council to determine the existence of any grounds specified: (1) in existing law for the involuntary retirement of a judge; or (2) in this Act for the removal or censure of a judge. Directs the Council to elect a Chairman from among its members.
Authorizes the Council to dismiss any complaint which it finds to be frivolous, unwarranted, or insufficient in law or fact. Directs the Chairman to appoint panels, consisting of members of the Council to conduct hearings with respect to complaints which are not dismissed. Specifies due process protections for the judge who is the subject of such hearing. Grants to the Council or panels appropriate judicial powers to conduct such hearings.
Directs the Judicial Conference of the United States to elect annually one of its members to be the presiding officer on any matter concerning the removal, censure, or involuntary retirement of a Justice or judge of the United States. Provides that the Conference or, with the concurrence of a majority of its members, a committee of nine judges appointed by the presiding officer, shall sit as a court to hear any cause relating to the involuntary retirement, removal, censure, or assignment of duties of a Justice or judge of the United States. States that the Conference or committee shall be convened for such purpose upon the receipt of a recommendation from the Council that a Justice or judge be removed, censured, or involuntarily retired. Specifies procedures and due process protections for the judge who is the subject of such hearing.
Authorizes the Conference or the committee to order, by majority vote: (1) censure; (2) removal from office; (3) involuntary retirement; or (4) dismissal or remand to the Council of the case. Allows the judge affected to petition for writ of certiorari to the Supreme Court within ten days after notification of such order.
Provides that removal or censure may be ordered upon a finding that the conduct of the Justice or judge has been inconsistent with the good behavior standard required by article III, section 1 of the Constitution. Stipulates that habitual intemperance that seriously interferes with the performance of any of the critical duties of a Justice or judge shall be deemed to be a permanent disability for the purposes of involuntary retirement.
Establishes a procedure by which a judge who is involuntarily retired may make a claim that he is not being assigned such judicial duties as he is willing and able to undertake. Authorizes the Judicial Conference, upon resolution of such matter, to make an appropriate order to the authority responsible for the assignment of judicial duties to such judge.
Authorizes a Justice or judge who has retired involuntarily to be assigned to active duty.
Directs the Council on Judicial Tenure to promulgate rules for the conduct of its activities within one year after the date of enactment, and the Judicial Conference to promulgate rules of evidence for use in proceedings under this Act by such date.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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