[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 889

To require that, as a condition of receiving salary, each United States 
 district judge must certify that certain cases before the judge have 
  not been pending and undetermined for more than 90 days after being 
                        submitted for decision.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2001

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

_______________________________________________________________________

                                 A BILL


 
To require that, as a condition of receiving salary, each United States 
 district judge must certify that certain cases before the judge have 
  not been pending and undetermined for more than 90 days after being 
                        submitted for decision.

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

SECTION 1. AFFIDAVIT BEFORE RECEIPT OF SALARY BY DISTRICT JUDGE.

    (a) In General.--A United States district judge may not receive his 
or her salary for any month unless the judge has submitted an affidavit 
to the Director of the Administrative Office of the United States 
Courts, no earlier than 7 days before the end of that month, stating 
that, as of the date of the affidavit, no case tried without a jury 
before the judge, and no case submitted to the judge for sentencing 
following a trial by jury, remains pending and undetermined for more 
than 90 days after it has been submitted for decision.
    (b) Exception.--Subsection (a) shall not apply to a judge with 
respect to any month on account of a case remaining pending before the 
judge for more than 90 days if the judge submits an affidavit 
certifying that the case remains pending on account of the unusual 
complexity of the case, or other extraordinary circumstances, and 
includes with the affidavit a specific explanation of the basis for the 
affidavit.
    (c) Salary Withheld.--In any case in which the salary of a judge is 
not paid on account of subsection (a), the salary shall be paid as soon 
as the judge submits an affidavit stating that no case remains pending 
and undecided for more than 90 days after being submitted for decision.

SEC. 2. DEFINITION.

    For purposes of this Act, a case has been ``submitted for 
decision'' on whichever of the following occurs later:
            (1) In a case to be tried without a jury, the date on 
        which--
                    (A) all claims and counterclaims have been filed in 
                the case; or
                    (B) all discovery in the case has been completed.
            (2) In a case submitted to the court for sentencing 
        following a trial by jury, the date on which the jury rendered 
        its verdict.
                                 <all>