[Congressional Record Volume 148, Number 24 (Thursday, March 7, 2002)]
[Extensions of Remarks]
[Page E302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page E302]]
                 THE JUDICIAL IMPROVEMENTS ACT OF 2002

                                 ______
                                 

                           HON. HOWARD COBLE

                           of north carolina

                    in the house of representatives

                        Thursday, March 7, 2002

  Mr. COBLE. Mr. Speaker, I rise to introduce the ``Judicial 
Improvements Act of 2002.'' This legislation constitutes a 
noncontroversial fine-tuning of an existing statute, the ``Judicial 
Conduct and Disability Act of 1980'' (the 1980 Act), which permits 
individuals to file complaints against federal judges for inappropriate 
behavior.
  Mr. Speaker, the Subcommittee on Courts, the Internet, and 
Intellectual Property conducted an oversight hearing on the operations 
of federal judicial misconduct statutes on November 29, 2001. The 
witnesses at the hearing were united in their general praise for the 
Third Branch. Their respect for the federal judiciary is also shared by 
the members of the Subcommittee. Still, no federal entity is immune 
from periodic evaluation.
  Consistent with our obligations to conduct oversight, the Ranking 
Member of the Subcommittee, Representative Howard Berman, and I are 
introducing this bill that will reorganize the 1980 Act by re-codifying 
it as a new chapter of title 28 of the U.S. Code. The legislation will 
also clarify the responsibilities of a circuit chief judge in making 
initial evaluations of a complaint. In addition, section 3 of the bill 
resolves an existing conflict governing recused judges and whether 
their votes should count in determining a majority by a circuit to sit 
en banc.
  The changes set forth in the ``Judicial Improvements Act of 2002'' 
are largely based on procedures that the judges themselves have 
developed through the years. The construct for the bill, based as it is 
on self-regulation, indicates that Congress and the American people 
retain great confidence in the ability of federal judges to identify 
and correct misconduct among their own colleagues.
  Finally, Mr. Speaker, I would be remiss if I failed to highlight the 
contributions of three individuals who helped to draft this bill. They 
are Professor Arthur Hellman of the Pittsburgh School of Law; Mike 
Remington, former Chief Counsel of our Subcommittee; and Sandy Strokoff 
of the Office of Legislative Counsel. The Subcommittee appreciates the 
energy, time, and talent that they invested in this project.
  In closing, I urge my colleagues to support the ``Judicial 
Improvements Act of 2002,'' and I thank the Speaker.

                          ____________________