Judicial Conduct and Disability Act of 1979

(Measure passed Senate, amended, (inserted text of S. 1873 as passed Senate))

Federal Courts Improvements Act of 1979 - =Title I: Governance and Administration of the Federal Courts= - Sets forth rules governing the appointment and terms of the chief judges of the courts of appeals and the district courts. Provides that any such chief judge shall serve for a seven-year term and shall be the circuit or district judge in regular active service who is senior in commission of those judges who: (1) are under 65 years of age (currently 70); (2) have served for at least one year; and (3) have not served previously as chief judge.

Requires that a majority of the members of a circuit panel be judges of the circuit on which the panel sits.

Specifies rules governing the membership of the councils of the circuit judges. Provides for district court judge membership and the election of the council members. Authorizes a council to hold hearings, take sworn testimony, and issue subpoenas to perform its functions.

Allows Federal judges: (1) who reach age 65 and 15 years service (continuous or otherwise); or (2) who reach age 70 and ten years service (continuous or otherwise), to retire or resign at salary (the current requirement is age 70 with ten years continuous service).

Directs the Administrative Office of the United States Courts to pay the amount due as a deposit for civil service retirement purposes for a period of judicial service which immediately precedes government service.

Authorizes any retired justice or any Federal judge in active, senior, or retired status to be temporarily assigned to the position of Administrative Assistant to the Chief Justice, Director of the Administrative Office of the United States Courts, or Director of the Federal Judicial Center, and to resume active service after vacating such office.

Requires publication of the rules for the conduct of the business of each court of appeals. Directs each court of appeals to appoint an advisory committee for the study of its rules of practice and internal operating procedures.

=Title II: Jurisdiction and Procedure= - Authorizes a Court of Appeals to permit an interlocutory appeal from a district court decision (that is, a decision which is not final), after the district judge refuses to recommend such appeal as provided for in current law, where the Court of Appeals determines that the appeal is required in the interests of justice and because of the extraordinary importance of the case.

Directs a Federal court to transfer any action with respect to which it finds a want of jurisdiction to any other appropriate Federal court, if it is in the interest of justice.

Gives the courts of appeal (other than the U.S. Court of Appeals for the Federal Circuit) exclusive jurisdiction to review the decisions of the United States Claims Court involving tax actions.

Changes the basis for the interest rate on judgments in Federal courts from the rate allowed by State law to a national rate keyed to the prime interest rate as determined by the Internal Revenue Service. Authorizes the court to add to the sum of actual damages prejudgment interest, where such an award is appropriate to afford the prevailing party complete relief. Applies such new rate and prejudgment interest to judgments in actions between private litigants and against the Government.

=Title III: Trial and Appellate Structure for Government Claims, Patents, and Other Matters= - Establishes the United States Court of Appeals for the Federal Circuit, consisting of 12 judges (who shall be the judges of the Court of Claims and the Court of Customs and Patent Appeals on the effective date of this Act), composed of all Federal judicial districts, and having exclusive jurisdiction over: (1) patent, copyright, and trademark appeals from district courts (except cases involving copyrights or trademarks and none of the other issues shall continue to be appealed to the circuit courts); (2) appeals of claims against the Government (except cases under the Federal Tort Claims Act shall continue to be appealed to the circuit courts); (3) any appeal from the United States Claims Court; (4) certain other trademark and patent appeals which do not involve de novo review; (5) appeals from decisions of the United States Customs Court; (6) review of findings of the United States International Trade Commission as to unfair trade practices in import trade; (7) certain findings of the Secretary of Commerce; (7) appeals under the Plant Variety Protection Act and from final orders of the Merit Systems Protection Board; and (8) appeals from a final decision of an agency board of contract appeals pursuant to the Contract Disputes Act of 1978.

Replaces the Court of Claims with the United States Claims Court, consisting of 16 judges serving 15-year terms. Abolishes the Court of Customs and Patent Appeals.

Continues the existing concurrent jurisdiction of the district courts and the United States Claims Court of civil tax actions and other civil actions or claims against the United States.

Specifies the jurisdiction of the United States Claims Court, which is identical to the existing Court of Claims jurisdiction except for: (1) civil tax refund cases; and (2) Federal Tort Claims actions where both parties have consented. Allows the Court to grant declaratory judgments and equitable relief in cases within its jurisdiction.

Applies existing procedures to the United States Claims Court.

=Title IV: Technical and Conforming Amendments Outside of Title 28 Relating to the United States Court of Appeals for the Federal Circuit= - Makes technical and conforming amendments.

=Title V: Miscellaneous Provisions= - Makes the provisions of this Act effective two years after the date of enactment, with specified exceptions.

Provides, in the judicial review of Federal agency actions, that there shall be no presumption that any rule or regulation is valid. Requires the validity of a rule or regulation to be established by a preponderance of the evidence. Retains the presumption of validity where a rule or regulation is raised as a defense to any criminal prosecution or action for civil penalty.

Judicial Conduct and Disability Act of 1979 - Allows any person to file with the Judicial council of the circuit in which the judge serves a written complaint against a judge of a court of appeals, or a district court, alleging that such judge is: (1) unable to discharge efficiently all his or her duties because of mental or physical disability; or (2) engaging in conduct inconsistent with the effective administration of the court's business. Allows the judicial council to file such a complaint with respect to judges within its circuit after investigation on its own motion.

Directs the judicial council to take action on each complaint in an expeditious manner. Requires that the judge affected be given an opportunity to appear before the judicial council. Allows the council to: (1) dismiss a complaint; (2) certify disability in accordance with current procedures; (3) request the judge voluntarily retire with the provision that current length of service retirements not apply; (4) order that no further cases be assigned to such judge for a temporary period; (5) censure or reprimand the judge by means of a private communication or public announcement; or (6) order other appropriate action, except removal. Allows the complainant or judge to petition the Court for review of any such action.

Directs the Judicial Conference of the United States to promulgate rules of procedure for the judicial councils in discharging such duties, or authorize the judicial council of each circuit to promulgate its own rules. Allows the Judicial Conference to modify any rule promulgated. Authorizes the Administrative Office of the United States Courts and the Federal Judicial Center to provide assistance to the judicial councils in discharging their duties.

Establishes as a court of record the Court of Judicial Conduct and Disability, consisting of five Federal judges in regular active service, including at least one district court judge, to be appointed by the Chief Justice. Requires that the Court grant a petition for review upon a concurrence of two of its members. Authorizes the Court to dismiss a complaint or affirm, modify, or reverse and remand to the judicial council for further proceedings any action. Allows the Court to conduct a de novo hearing when required in the interests of justice.

Gives to the judge affected certain due process rights at any such de novo hearing. Authorizes the Court by majority vote to: (1) dismiss an action; (2) certify disability; (3) order that no further cases be assigned to such judge for a temporary period; (4) censure or reprimand the judge by means of public announcement; or (5) order other appropriate action, except removal. Disallows judicial review of any order or action of the Court.

Allows any person to file a complaint with: (1) the Judicial Council of the District of Columbia Circuit with respect to the chief judge of the Court of Claims, the Court of Customs and Patent Appeals, or the Customs Court; or (2) the chief judge of the applicable court with respect to any judge of such court. Applies the procedures of this Act to such complaints.

Directs the Court of Judicial Conduct and Disability to submit to the House of Representatives a record of all proceedings revealing conduct which would in its view constitute an impeachable offense under the Constitution. Directs the Committee on the Judiciary of the House of Representatives to give timely consideration to such record and accompanying materials and to make its best efforts to take action within 90 days.

Stipulates that no person shall be granted the right to intervene or appear as amicus curiae in any proceeding under this Act.

Provides for the confidentiality of materials and deliberations under this Act, with specified exceptions.

Requires that the Director of the Administrative Office of the United States Courts include in its annual report filed with Congress a summary of the complaints filed pursuant to this Act.