[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2898 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2898

   To amend title 28, United States Code, to establish standards for 
        impeachment of justices and judges of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2007

  Mr. Akin (for himself, Mr. Doolittle, Mr. Marchant, Mr. Chabot, Mr. 
Garrett of New Jersey, Mr. Culberson, Mr. Wilson of South Carolina, Mr. 
 Poe, Mr. Franks of Arizona, Mr. Sam Johnson of Texas, Mr. Pitts, Mr. 
 King of Iowa, Mr. Gingrey, Mr. McHenry, Mr. Kingston, Mr. Neugebauer, 
 and Mrs. Drake) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 28, United States Code, to establish standards for 
        impeachment of justices and judges of the United States.

    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 Act of 2007''.

SEC. 2. STANDARDS FOR IMPEACHMENT OF JUSTICES AND JUDGES.

    (a) In General.--Chapter 16 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 365. Standards for impeachment
    ``(a) Constitutional Basis.--
            ``(1) Article ii, section 4.--A justice or judge of the 
        United States shall be removed from office on impeachment for, 
        and conviction of, treason, bribery, or other high crimes and 
        misdemeanors, as provided in Article II, section 4 of the 
        United States Constitution.
            ``(2) Article iii, section 1.--A justice or judge of the 
        United States shall hold the office during good behavior as 
        provided in Article III, section 1 of the United States 
        Constitution. A justice or judge failing to act during good 
        behavior shall be removed from office.
    ``(b) Definitions.--In this section:
            ``(1) The term `treason' means levying war against the 
        United States or in adhering to its enemies, giving them aid 
        and comfort.
            ``(2) The term `bribery' means offering, giving, receiving, 
        or soliciting something of value for the purpose of influencing 
        the action of an official in the discharge of his or her public 
        or legal duties.
            ``(3) The term `other high crimes and misdemeanors' means, 
        with respect to a justice or judge, any act of misbehavior or 
        misconduct by such justice or judge, which evidences an 
        unfitness for the bench, including, but not limited to, the 
        following:
                    ``(A) Any criminal offense punishable by death or 
                imprisonment for a term exceeding one year.
                    ``(B) Usurpation of power, including the entering 
                or enforcement of orders or decisions based on powers 
                reserved to the Congress under Article I of the United 
                States Constitution.
                    ``(C) Unblushing or notorious partiality or 
                favoritism.
                    ``(D) Disgraceful or indecent behavior.
                    ``(E) Using the office for personal ends.
                    ``(F) Entering or enforcement of orders or 
                decisions beyond the jurisdiction of the court in which 
                the justice or judge serves.
                    ``(G) Entering or enforcement of orders or 
                decisions based on judgments, laws, agreements, or 
                pronouncements of foreign institutions, governments, or 
                multilateral organizations, other than orders or 
                decisions based on the common law of the United 
                Kingdom.
                    ``(H) Entering or enforcement of orders or 
                decisions that conflict with or are inconsistent with 
                the text of the United States Constitution.
                    ``(I) Entering or enforcement of orders or 
                decisions based on precedent from previous Federal 
                court decisions that conflict with or are inconsistent 
                with the text of the United States Constitution.
            ``(4) The term `failing to act during good behavior' 
        includes committing an act of treason, bribery, or any of the 
        other high crimes and misdemeanors.
            ``(5) The term `multilateral organization' means an 
        international institution of which the governments of countries 
        are members, including, but not limited to, the International 
        Bank for Reconstruction and Development, the International 
        Monetary Fund, the United Nations and its agencies, the 
        Organization for Economic Cooperation and Development, and the 
        European Union.
    ``(c) Precedence Preserved.--Nothing in this section shall be 
construed to limit or replace a basis for impeachment accepted before 
the enactment of this section.''.
    (b) Conforming Amendment.--The table of sections for chapter 16 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``365. Standards for impeachment.''.
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