Conditions on the appointment of monitors by courts

(a)

In general

Not later than 180 days after the effective date of this section, the Judicial Conference of the United States shall by rule establish conditions on the appointment by a district court of the United States of any person charged, pursuant to a court order, with monitoring the conduct of a State or unit of local government. Such conditions shall include the following: (1)

Fees

Such person— (A)may not assess a fee in excess of such maximum rates as the Judicial Conference of the United States may establish; and (B)shall be authorized to employ the use of pro bono time or reduced rates. (2)

Exclusivity and term

Such person may not be— (A)appointed to more than one such monitorship at a time; (B)appointed for a term greater than 5 years; or (C)reappointed after the expiration of such term pursuant to the same court order. (3)

Subsequent monitors

A monitor who is appointed to a monitorship after the expiration of the term of a monitor who served pursuant to the same court order may not be employed by the same employer as the previous monitor. (4)

Public comment

Prior to the appointment of a monitor, the court shall provide notice of the person to be appointed and afford the public an opportunity for comment thereon. (5)

Termination

(A)

Revision

In the case that a court, a party, or a monitor seeks to revise a monitorship imposed by a court order, the court shall conduct a hearing. (B)

Scope of monitorship

The court may only revise a requirement of a monitorship with respect to which the subject of the monitorship has not attained substantial and sustained compliance. (b)

Transfer

On the date that is 6 years after the court order imposing a monitorship, if such monitorship is in effect on such date, the case shall be transferred to another judge in the district in which the case is pending. (c)

Accounting

(1)

In general

On an annual basis, a monitor shall submit to the court imposing the monitorship an accounting, which shall include— (A)information on the services provided and the fee charged for such services; and (B)whether any such services were provided pro bono or at a reduced rate. (2)

Publication

The court shall make available to the public any accounting submitted to the court under paragraph (1). (d)

Retroactivity

In the case of a monitorship that is in effect on the date of enactment of this Act and has been in effect for 6 years— (1)a new monitor shall be appointed not later than 180 days after such date of enactment in accordance with the limitations under this section; and (2)the case shall be transferred not later than 1 year after such date of enactment in accordance with this section. (e)

Sense of Congress

It is the sense of Congress that monitoring is a public service and monitorships should be structured to encourage the use of pro bono time or reduced rates.