[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2147 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2147

  To amend chapter 21 of title 28, United States Code, to clarify the 
  standard by which a justice, judge, or magistrate shall disqualify 
                        himself from a hearing.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 24 (legislative day, May 16), 1994

 Mr. DeConcini introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 21 of title 28, United States Code, to clarify the 
  standard by which a justice, judge, or magistrate shall disqualify 
                        himself from a hearing.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DISQUALIFICATION OF JUSTICE, JUDGE, OR MAGISTRATE.

    Section 455(a) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end thereof the following new 
        paragraph:
    ``(2)(A) For purposes of paragraph (1), the impartiality of a 
justice, judge, or magistrate shall be reasonably questioned if the 
judicial or extrajudicial actions or statements of such justice, judge, 
or magistrate would cause a reasonable person to believe that an 
impartial proceeding is unlikely.
    ``(B) The provisions of subparagraph (A) shall not be construed as 
the only basis to reasonably question the impartiality of a justice, 
judge, or magistrate, such as a question of such impartiality on the 
basis of--
            ``(i) a financial interest of a justice, judge, or 
        magistrate; or
            ``(ii) any other basis described under subsection (b).''.

                                 <all>