[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2739 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2739

  To amend title 28, United States Code, to create a Judicial Conduct 
   Board and a Court of Judicial Discipline to investigate and make 
     determinations with respect to complaints regarding judicial 
                              discipline.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 24, 1997

  Mr. McDade introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 28, United States Code, to create a Judicial Conduct 
   Board and a Court of Judicial Discipline to investigate and make 
     determinations with respect to complaints regarding judicial 
                              discipline.

    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 Conduct Reform Act of 
1997''.

SEC. 2. REFORM OF JUDICIAL DISCIPLINE SYSTEM.

    (a) Creation of Judicial Conduct Board and Court of Judicial 
Discipline.--
            (1) In general.--Chapter 17 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 378. Judicial Conduct Board
    ``(a) Establishment and Composition.--There is established in the 
judicial branch a Judicial Conduct Board (hereafter in this section 
referred to as the `Board').
    ``(b) Functions.--The Board shall perform the functions vested in 
it under section 372(c).
    ``(c) Composition and Terms.--
            ``(1) Composition.--The Board shall be composed of 12 
        members as follows:
                    ``(A) 3 judges, other than senior judges, as 
                follows:
                            ``(i) 1 circuit judge, and 1 bankruptcy 
                        judge or magistrate judge, each of whom shall 
                        be appointed by the Chief Justice.
                            ``(ii) 1 district judge who shall be 
                        appointed by the President.
                    ``(B) 3 members of the bar of the Supreme Court, 
                other than justices or judges, 2 of whom shall be 
                appointed by the Chief Justice, and 1 of whom shall be 
                appointed by the President.
                    ``(C) 6 persons, other than lawyers, 3 of whom 
                shall be appointed by the Chief Justice, and 3 of whom 
                shall be appointed by the President.
            ``(2) Terms.--The members of the Board shall serve for 
        terms of 4 years, except that of the members first appointed--
                    ``(A) 1 member appointed by the Chief Justice and 2 
                members appointed by the President shall each be 
                appointed for a term of 1 year,
                    ``(B) 2 members appointed by the Chief Justice and 
                1 member appointed by the President shall each be 
                appointed for a term of 2 years, and
                    ``(C) 1 member appointed by the Chief Justice and 2 
                members appointed by the President shall each be 
                appointed for a term of 3 years,
        as designated at the time of their appointment.
            ``(3) Conditions.--Membership of a judge on the Board shall 
        terminate if the member ceases to hold the judicial position 
        that qualified the member for the appointment. Membership on 
        the Board shall terminate if the member attains a position that 
        would have rendered the member ineligible for appointment at 
        the time of appointment. A vacancy on the Board shall be filled 
        in the manner in which the original appointment was made. No 
        member of the Board may serve for more than 4 consecutive years 
        but may be reappointed after a lapse of 1 year. No member of 
        the Board may serve on the Court of Judicial Discipline at the 
        same time.
    ``(d) Meetings.--The President shall convene the first meeting of 
the Board. At that meeting and annually thereafter, the Board shall 
elect a chairperson. The Board shall act only with the concurrence of a 
majority of its members.
    ``(e) Compensation.--
            ``(1) Basic pay.--
                    ``(A) Rates of pay.--Except as provided in 
                subparagraph (B), members of the Board shall each be 
                entitled to receive the daily equivalent of the annual 
                rate of basic pay payable for level IV of the Executive 
                Schedule for each day (including travel time) during 
                which they are engaged in the actual performance of 
                duties vested in the Board.
                    ``(B) Prohibition of compensation of federal 
                employees.--Members of the Board who are full-time 
officers or employees of the United States may not receive additional 
pay, allowances, or benefits by reason of their service on the Board.
            ``(2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5.
    ``(f) Personnel.--The Board may appoint such personnel as may be 
necessary to carry out its functions.
    ``(g) Administrative Services.--The Director of the Administrative 
Office of the United States Courts shall provide to the Board such 
administrative services as the Board requires to carry out its 
functions.
``Sec. 379. Court of Judicial Discipline
    ``(a) Establishment and Composition.--There is established a Court 
of Judicial Discipline (hereafter in this section referred to as the 
`Court').
    ``(b) Functions.--The Court shall perform the functions vested in 
it under section 372(c). The Court shall prescribe rules for the 
conduct of its proceedings.
    ``(c) Composition and Terms.--
            ``(1) Composition.--The Court shall be composed of 8 
        members as follows:
                    ``(A) 4 judges, other than senior judges, as 
                follows:
                            ``(i) 1 circuit judge and 1 bankruptcy 
                        judge, each of whom shall be appointed by the 
                        Chief Justice.
                            ``(ii) 1 district judge and 1 magistrate 
                        judge, each of whom shall be appointed by the 
                        President.
                    ``(B) 2 members of the bar of the Supreme Court, 
                other than justices or judges, 1 of whom shall be 
                appointed by the Chief Justice, and 1 of whom shall be 
                appointed by the President.
                    ``(C) 2 persons, other than lawyers, 1 of whom 
                shall be appointed by the Chief Justice, and 1 of whom 
                shall be appointed by the President.
            ``(2) Terms.--The members of the Court shall serve for 
        terms of 4 years, except that of the members first appointed--
                    ``(A) 1 member appointed by the Chief Justice and 1 
                member appointed by the President shall be appointed 
                for a term of 1 year,
                    ``(B) 1 member appointed by the Chief Justice and 1 
                member appointed by the President shall be appointed 
                for a term of 2 years, and
                    ``(C) 1 member appointed by the Chief Justice and 1 
                member appointed by the President shall be appointed 
                for a term of 3 years,
        as designated at the time of their appointment.
            ``(3) Conditions.--Membership of a judge on the Court shall 
        terminate if the member ceases to hold the judicial position 
        that qualified the member for the appointment. Membership on 
        the Court shall terminate if the member attains a position that 
        would have rendered the member ineligible for appointment at 
        the time of appointment. A vacancy on the Court shall be filled 
        in the manner in which the original appointment was made. No 
        member of the Court may serve for more than 4 consecutive years 
        but may be reappointed after a lapse of 1 year. No member of 
        the Court may serve on the Judicial Conduct Board at the same 
        time.
    ``(d) Compensation.--
            ``(1) Basic pay.--
                    ``(A) Rates of pay.--Except as provided in 
                subparagraph (B), members of the Court shall each be 
                entitled to receive the daily equivalent of the annual 
                rate of basic pay payable for level IV of the Executive 
                Schedule for each day (including travel time) during 
                which they are engaged in the actual performance of 
                duties vested in the Court.
                    ``(B) Prohibition of compensation of federal 
                employees.--Members of the Court who are full-time 
                officers or employees of the United States may not 
                receive additional pay, allowances, or benefits by 
                reason of their service on the Court.
            ``(2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5.
    ``(f) Personnel.--The Court may appoint such personnel as may be 
necessary to carry out its functions.
    ``(g) Administrative Services.--The Director of the Administrative 
Office of the United States Courts shall provide to the Court such 
administrative services as the Court requires to carry out its 
functions.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 17 of title 28, United States Code, is amended by 
        adding at the end the following new items:

``378.  Judicial Conduct Board.
``379.  Court of Judicial Discipline.''.
    (b) Judicial Discipline Procedure.--(1) Subsection (c) of section 
372 of title 28, United States Code, is amended to read as follows:
    ``(c)(1) Any person alleging that a circuit, district, bankruptcy, 
or magistrate judge, or a judge of the Court of Federal Claims or of 
the Court of International Trade has engaged in conduct prejudicial to 
the effective and efficient administration of the business of the 
courts, or alleging that such a judge is unable to discharge all the 
duties of the office by reason of mental or physical disability, may 
file with the Judicial Conduct Board established in section 378 
(hereafter in this subsection referred to as the `Board') a written 
complaint containing a brief statement of the facts constituting such 
conduct. The Board may, on the basis of information available to the 
Board, initiate a complaint for purposes of this subsection. The Board 
shall promptly transmit a copy of the complaint to the judge whose 
conduct is the subject of the complaint.
    ``(2) The Board shall conduct an investigation of the charges in 
each complaint and determine whether there is probable cause to file 
formal charges against the judge whose conduct is the subject of the 
complaint. If the Board finds probable cause, the Board shall present 
the case in support of the charges with the Court of Judicial 
Discipline established in section 379 (hereafter in this subsection 
referred to as the `Court'). If the Board does not find probable cause, 
the Board shall dismiss the complaint. The Board shall promptly notify 
the judge whose conduct is the subject of the complaint of the Board's 
action on the complaint.
    ``(3) In carrying out its functions, the Board may issue subpoenas 
to compel testimony under oath of witnesses, including the judge who is 
the subject of the investigation, and to compel the production of 
documents, books, accounts, and other records relevant to the 
investigation.
    ``(4) Complaints filed with the Board or initiated by the Board 
shall be confidential. Statements, testimony, documents, records, or 
other information or evidence acquired by the Board shall be 
confidential. The Board shall apprise the judge whose conduct is the 
subject of a complaint of the nature and content of the complaint.
    ``(5) The Board shall prescribe rules for the conduct of 
proceedings under this subsection as it considers appropriate, 
including the processing of petitions for review. Such rules shall 
contain provisions requiring that--
            ``(A) the judge whose conduct is the subject of the 
        complaint be afforded an opportunity to appear (in person or by 
        counsel) at proceedings conducted by the Board, 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
            ``(B) the complainant be afforded an opportunity to appear 
        at proceedings conducted by the Board, if the Board concludes 
        that the complainant could offer substantial information.
    ``(6) The Board shall issue a report on its determination on each 
complaint under this subsection, together with a description of its 
investigation.
    ``(7) Upon the filing with the Court by the Board of formal charges 
against a judge, the Court shall promptly schedule a hearing or 
hearings to determine whether a sanction should be imposed on the judge 
under this subsection. Formal charges filed with the Court shall be 
available to the public. All hearings conducted by the Court shall be 
public proceedings conducted pursuant to the rules adopted by the Court 
and in accordance with the principles of due process and the rules of 
evidence. Parties appearing before the Court shall have a right to 
discovery pursuant to the rules adopted by the Court and shall have the 
right to subpoena witnesses and to compel the production of documents, 
accounts, records, and other records that are relevant to the 
proceedings. The Board shall have the burden of proving the charges by 
clear and convincing evidence. All decisions of the Court shall be in 
writing and shall contain findings of fact and conclusions of law.
    ``(8) A decision of the Court may order such action to be taken 
with respect to the judge whose conduct is the subject of the Court 
proceedings as is appropriate to assure the effective and expeditious 
administration of the business of the courts, including, but not 
limited to, the following:
            ``(A) In the case of a magistrate judge, directing the 
        chief judge of the district of the magistrate judge to take 
        such action as the Court considers appropriate.
            ``(B) In the case of a judge appointed to hold office 
        during good behavior, certifying disability of the judge 
        pursuant to the procedures and standards provided under 
        subsection (b) of this section.
            ``(C) Requesting that any such judge appointed to hold 
        office during good behavior voluntarily retire, with the 
        provision that the length of service requirements under section 
        371 do not apply.
            ``(D) In the case of a judge other than a judge appointed 
        to hold office during good behavior, ordering that, on a 
        temporary basis for a time certain, no further cases be 
        assigned to that judge.
            ``(E) Censuring or reprimanding the judge by means of 
        private communication or public pronouncement.
            ``(F) Ordering such other action as the Court considers 
        appropriate under the circumstances, except that under no 
        circumstances may the Court order the removal of a judge 
        appointed to hold office during good behavior.
Each decision of the Court shall be made available to the public.
    ``(9) A judge who is the subject of proceedings under this 
subsection who is adversely affected by an order of the Court shall 
have the right to appeal that order to the Supreme Court of the United 
States. On appeal, the Supreme Court may set aside the order of the 
Court only if--
            ``(A) the order is not in accordance with law;
            ``(B) the findings of fact are clearly erroneous; or
            ``(C) any sanction imposed by the order is unlawful.
    ``(10) An order of the Court that dismisses a complaint against a 
judge may be appealed by the Board to the Supreme Court, but the appeal 
shall be limited to questions of law.
    ``(11) In any case in which the Court determines, on the basis of a 
complaint and any investigation under this subsection, or on the basis 
of information otherwise available to the Court, that a judge appointed 
to hold office during good behavior may have engaged in conduct which 
might constitute 1 or more grounds for impeachment, the Court 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 in the House of Representatives, the Clerk of the House 
of Representatives shall make the determination available to the 
public.
    ``(12) No judge whose conduct is the subject of an investigation or 
proceeding under this subsection shall serve on the Board, on the 
Court, on a judicial council, or on the Judicial Conference established 
under section 331 of this title, until all related proceedings under 
this subsection have been finally terminated.
    ``(13) No person shall be granted the right to intervene as amicus 
curiae in any proceeding before the Board or the Court under this 
subsection.
    ``(14) Upon the request of a judge whose conduct is the subject of 
a complaint under this subsection, the Board may, if it dismisses the 
complaint, recommend that the Director of the Administrative Office of 
the United States Courts award reimbursement, from the 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 subsection.''.

SEC. 3. CONFORMING AMENDMENT.

    Section 331 of title 28, United States Code, is amended in the 
fourth paragraph by striking ``The Conference is authorized to exercise 
the authority provided in section 372(c)'' and all that follows through 
the end of the paragraph.
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