[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 862 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 862

 To apply to the justices of the Supreme Court the Code of Conduct for 
 United States Judges, to establish certain procedures with respect to 
            the recusal of justices, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2011

 Mr. Murphy of Connecticut (for himself and Mr. Weiner) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To apply to the justices of the Supreme Court the Code of Conduct for 
 United States Judges, to establish certain procedures with respect to 
            the recusal of justices, and for other purposes.

    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 ``Supreme Court Transparency and 
Disclosure Act of 2011''.

SEC. 2. CODE OF CONDUCT.

    (a) Applicability.--The Code of Conduct for United States Judges 
adopted by the Judicial Conference of the United States shall apply to 
the justices of the United States Supreme Court to the same extent as 
such Code applies to circuit and district judges.
    (b) Enforcement.--The Judicial Conference shall establish 
procedures, modeled after the procedures set forth in chapter 16 of 
title 28, United States Code, under which--
            (1) complaints alleging that a justice of the Supreme Court 
        has violated the Code of Conduct referred to in subsection (a) 
        may be filed with or identified by the Conference;
            (2) such complaints are reviewed and investigated by the 
        Conference; and
            (3) further action, where appropriate, is taken by the 
        Conference, with respect to such complaints.
    (c) Submission to Congress; Effective Date.--
            (1) Submission to congress.--The Judicial Conference shall, 
        not later than the 180th day after the date of the enactment of 
        this Act, submit to Congress the procedures established under 
        subsection (b).
            (2) Effective date.--Such procedures shall take effect upon 
        the expiration of the 270-day period beginning on the date of 
        the enactment of this Act.

SEC. 3. RECUSAL OF JUSTICES.

    (a) Disclosures by Justices.--
            (1) Self disqualification.--In any case in which a justice 
        of the Supreme Court disqualifies himself or herself in a 
        proceeding under section 455 of title 28, United States Code, 
        the justice shall disclose in the public record of the 
        proceeding the reasons for the disqualification.
            (2) Denial of disqualification motion.--If a justice of the 
        Supreme Court denies a motion brought by a party to a 
        proceeding before the Court that the justice should be 
        disqualified in the proceeding under section 455 of such title, 
        the justice shall disclose in the public record of the 
        proceeding the reasons for the denial of the motion.
    (b) Process for Determining Recusal.--The Judicial Conference of 
the United States shall establish a process under which, if a 
disqualification motion has been denied as described in subsection 
(a)(2) and the party making the motion seeks further review of the 
motion, other justices or judges of a court of the United States (as 
defined in section 451 of title 28, United States Code), among whom 
retired justices and senior judges eligible for assignment under 
section 294 of title 28, United States Code, may be included, shall 
decide whether the justice with respect to whom the motion is made 
should be so disqualified.
    (c) Submission to Congress; Effective Date.--
            (1) Submission to congress.--The Judicial Conference shall, 
        not later than the 180th day after the date of the enactment of 
        this Act, submit to Congress the process established under 
        subsection (b).
            (2) Effective date.--Such process shall take effect upon 
        the expiration of the 270-day period beginning on the date of 
        the enactment of this Act.
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