[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  INTRODUCTION OF LEGISLATION ESTABLISHING THE STATUS OF SENIOR U.S. 
          MAGISTRATE JUDGES AND SENIOR U.S. BANKRUPTCY JUDGES

                                 ______


                             HON. JACK REED

                            of rhode island

                    in the house of representatives

                        Thursday, March 24, 1994

  Mr. REED. Mr. Speaker, at the suggestion of a constituent of mine, 
Judge Jacob Hagopian of RI, I am introducing legislation today to 
establish the status of Senior U.S. Magistrate Judge and Senior U.S. 
Bankruptcy Judge for U.S. magistrate and bankruptcy judges who remain 
eligible for recall after retirement. We are facing a wave of 
retirements which will leave a gap on the bench in terms of both 
numbers and experience. Judge Hagopian suggested providing this cost 
free incentive to encourage retired judges to keep themselves available 
for continued recall service.
  I am introducing this legislation in an effort to call attention to 
and promote discussion of this issue. I also enclose for the Record a 
resolution of the Federal Bar Association in support of this 
legislation as a means toward preventing judicial manpower losses while 
saving fiscal resources.
  The resolution follows:

        Resolution 94-1--Senior Magistrate and Bankruptcy Judges

       Whereas, Title 28 United States Code section 377(a) 
     provides for the retirement for United States Magistrate 
     Judges and United States Bankruptcy Judges based on years of 
     service, and 28 U.S.C. section 377(b) provides for retirement 
     for magistrate judges and bankruptcy judges upon failure of 
     reappointment; and
       Whereas, retired magistrate judges and bankruptcy judges 
     provide a pool of expert judicial talent who, if they choose 
     to keep themselves available for recall, may be recalled to 
     service under sections 155(b), 375, or 636(h) of Title 28 and 
     thereby provide relief to severely overburdened courts; and
       Whereas, any magistrate judge or bankruptcy judge who 
     retires under this section and who thereafter practices law 
     is not eligible for recall under sections 155(b), 375, or 
     636(h) of Title 28; and
       Whereas, in light of the number of retirements of 
     magistrate and bankruptcy judges eligible for retirement, the 
     diminishing financial resources of the courts, and the 
     increasing case burden faced by the courts; and
       Whereas, any non-monetary inducement that encourages 
     skilled and motivated retired magistrate judges and 
     bankruptcy judges to keep themselves available for recall to 
     assist the courts in the accomplishment of their 
     constitutional mission should be encouraged;
       Now, Therefore, be it Resolved that the Federal Bar 
     Association strongly urges the Congress and the President to 
     support the following amendment to Title 28 United States 
     Code section 377:
       Any U.S. Magistrate Judge or Bankruptcy Judge who retires 
     or has retired under the provisions of Title 28 U.S. Code 
     section 377(a) or (b) and remains eligible for recall under 
     section 377(m)(2) shall be designated ``Senior Magistrate 
     Judge'' or ``Senior Bankruptcy Judge'' respectively.
       Be it Further Resolved that the president of the Federal 
     Bar Association is authorized to communicate copies of this 
     resolution to the Congress and other appropriate officials.
       Adopted by the Executive Committee, February 5, 1994.

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