[Congressional Record Volume 148, Number 100 (Monday, July 22, 2002)]
[House]
[Pages H4994-H4998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1445
JUDICIAL IMPROVEMENTS ACT OF 2002
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3892) to amend title 28, United States Code, to make
certain modifications in the judicial discipline procedures, and for
other purposes, as amended.
The Clerk read as follows:
H.R. 3892
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 Improvements Act of
2002''.
SEC. 2. JUDICIAL DISCIPLINE PROCEDURES.
(a) In General.--Part I of title 28, United States Code, is
amended by inserting after chapter 15 the following new
chapter:
``CHAPTER 16--COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE
``Sec.
``351. Complaints; judge defined.
``352. Review of complaint by chief judge.
``353. Special committees.
``354. Action by judicial council.
[[Page H4995]]
``355. Action by Judicial Conference.
``356. Subpoena power.
``357. Review of orders and actions.
``358. Rules.
``359. Restrictions.
``360. Disclosure of information.
``361. Reimbursement of expenses.
``362. Other provisions and rules not affected.
``363. Court of Federal Claims, Court of International Trade, Court of
Appeals for the Federal Circuit.
``364. Effect of felony conviction.
``Sec. 351. Complaints; judge defined
``(a) Filing of Complaint by Any Person.--Any person
alleging that a judge has engaged in conduct prejudicial to
the effective and expeditious administration of the business
of the courts, or alleging that such judge is unable to
discharge all the duties of office by reason of mental or
physical disability, may file with the clerk of the court of
appeals for the circuit a written complaint containing a
brief statement of the facts constituting such conduct.
``(b) Identifying Complaint by Chief Judge.--In the
interests of the effective and expeditious administration of
the business of the courts and on the basis of information
available to the chief judge of the circuit, the chief judge
may, by written order stating reasons therefor, identify a
complaint for purposes of this chapter and thereby dispense
with filing of a written complaint.
``(c) Transmittal of Complaint.--Upon receipt of a
complaint filed under subsection (a), the clerk shall
promptly transmit the complaint to the chief judge of the
circuit, or, if the conduct complained of is that of the
chief judge, to that circuit judge in regular active service
next senior in date of commission (hereafter, for purposes of
this chapter only, included in the term `chief judge'). The
clerk shall simultaneously transmit a copy of the complaint
to the judge whose conduct is the subject of the complaint.
The clerk shall also transmit a copy of any complaint
identified under subsection (b) to the judge whose conduct is
the subject of the complaint.
``(d) Definitions.--In this chapter--
``(1) the term `judge' means a circuit judge, district
judge, bankruptcy judge, or magistrate judge; and
``(2) the term `complainant' means the person filing a
complaint under subsection (a) of this section.
``Sec. 352. Review of complaint by chief judge
``(a) Expeditious Review; Limited Inquiry.--The chief judge
shall expeditiously review any complaint received under
section 351(a) or identified under section 351(b). In
determining what action to take, the chief judge may conduct
a limited inquiry for the purpose of determining--
``(1) whether appropriate corrective action has been or can
be taken without the necessity for a formal investigation;
and
``(2) whether the facts stated in the complaint are either
plainly untrue or are incapable of being established through
investigation.
For this purpose, the chief judge may request the judge whose
conduct is complained of to file a written response to the
complaint. Such response shall not be made available to the
complainant unless authorized by the judge filing the
response. The chief judge or his or her designee may also
communicate orally or in writing with the complainant, the
judge whose conduct is complained of, and any other person
who may have knowledge of the matter, and may review any
transcripts or other relevant documents. The chief judge
shall not undertake to make findings of fact about any matter
that is reasonably in dispute.
``(b) Action by Chief Judge Following Review.--After
expeditiously reviewing a complaint under subsection (a), the
chief judge, by written order stating his or her reasons,
may--
``(1) dismiss the complaint--
``(A) if the chief judge finds the complaint to be--
``(i) not in conformity with section 351(a);
``(ii) directly related to the merits of a decision or
procedural ruling; or
``(iii) frivolous, lacking sufficient evidence to raise an
inference that misconduct has occurred, or containing
allegations which are incapable of being established through
investigation; or
``(B) when a limited inquiry conducted under subsection (a)
demonstrates that the allegations in the complaint lack any
factual foundation or are conclusively refuted by objective
evidence; or
``(2) conclude the proceeding if the chief judge finds that
appropriate corrective action has been taken or that action
on the complaint is no longer necessary because of
intervening events.
The chief judge shall transmit copies of the written order to
the complainant and to the judge whose conduct is the subject
of the complaint.
``(c) Review of Orders of Chief Judge.--A complainant or
judge aggrieved by a final order of the chief judge under
this section may petition the judicial council of the circuit
for review thereof. The denial of a petition for review of
the chief judge's order shall be final and conclusive and
shall not be judicially reviewable on appeal or otherwise.
``(d) Referral of Petitions for Review to Panels of the
Judicial Council.--Each judicial council may, pursuant to
rules prescribed under section 358, refer a petition for
review filed under subsection (c) to a panel of no fewer than
5 members of the council, at least 2 of whom shall be
district judges.
``Sec. 353. Special committees
``(a) Appointment.--If the chief judge does not enter an
order under section 352(b), the chief judge shall promptly--
``(1) appoint himself or herself and equal numbers of
circuit and district judges of the circuit to a special
committee to investigate the facts and allegations contained
in the complaint;
``(2) certify the complaint and any other documents
pertaining thereto to each member of such committee; and
``(3) provide written notice to the complainant and the
judge whose conduct is the subject of the complaint of the
action taken under this subsection.
``(b) Change in Status or Death of Judges.--A judge
appointed to a special committee under subsection (a) may
continue to serve on that committee after becoming a senior
judge or, in the case of the chief judge of the circuit,
after his or her term as chief judge terminates under
subsection (a)(3) or (c) of section 45. If a judge appointed
to a committee under subsection (a) dies, or retires from
office under section 371(a), while serving on the committee,
the chief judge of the circuit may appoint another circuit or
district judge, as the case may be, to the committee.
``(c) Investigation by Special Committee.--Each committee
appointed under subsection (a) shall conduct an investigation
as extensive as it considers necessary, and shall
expeditiously file a comprehensive written report thereon
with the judicial council of the circuit. Such report shall
present both the findings of the investigation and the
committee's recommendations for necessary and appropriate
action by the judicial council of the circuit.
``Sec. 354. Action by judicial council
``(a) Actions Upon Receipt of Report.--
``(1) Actions.--The judicial council of a circuit, upon
receipt of a report filed under section 353(c)--
``(A) may conduct any additional investigation which it
considers to be necessary;
``(B) may dismiss the complaint; and
``(C) if the complaint is not dismissed, shall take such
action as is appropriate to assure the effective and
expeditious administration of the business of the courts
within the circuit.
``(2) Description of possible actions if complaint not
dismissed.--
``(A) In general.--Action by the judicial council under
paragraph (1)(C) may include--
``(i) ordering that, on a temporary basis for a time
certain, no further cases be assigned to the judge whose
conduct is the subject of a complaint;
``(ii) censuring or reprimanding such judge by means of
private communication; and
``(iii) censuring or reprimanding such judge by means of
public announcement.
``(B) For article iii judges.--If the conduct of a judge
appointed to hold office during good behavior is the subject
of the complaint, action by the judicial council under
paragraph (1)(C) may include--
``(i) certifying disability of the judge pursuant to the
procedures and standards provided under section 372(b); and
``(ii) requesting that the judge voluntarily retire, with
the provision that the length of service requirements under
section 371 of this title shall not apply.
``(C) For magistrate judges.--If the conduct of a
magistrate judge is the subject of the complaint, action by
the judicial council under paragraph (1)(C) may include
directing the chief judge of the district of the magistrate
judge to take such action as the judicial council considers
appropriate.
``(3) Limitations on judicial council regarding removals.--
``(A) Article iii judges.--Under no circumstances may the
judicial council order removal from office of any judge
appointed to hold office during good behavior.
``(B) Magistrate and bankruptcy judges.--Any removal of a
magistrate judge under this subsection shall be in accordance
with section 631 and any removal of a bankruptcy judge shall
be in accordance with section 152.
``(4) Notice of action to judge.--The judicial council
shall immediately provide written notice to the complainant
and to the judge whose conduct is the subject of the
complaint of the action taken under this subsection.
``(b) Referral to Judicial Conference.--
``(1) In general.--In addition to the authority granted
under subsection (a), the judicial council may, in its
discretion, refer any complaint under section 351, together
with the record of any associated proceedings and its
recommendations for appropriate action, to the Judicial
Conference of the United States.
``(2) Special circumstances.--In any case in which the
judicial council determines, on the basis of a complaint and
an investigation under this chapter, or on the basis of
information otherwise available to the judicial council, that
a judge appointed to hold office during good behavior may
have engaged in conduct--
``(A) which might constitute one or more grounds for
impeachment under article II of the Constitution, or
``(B) which, in the interest of justice, is not amenable to
resolution by the judicial council,
the judicial council shall promptly certify such
determination, together with any complaint and a record of
any associated proceedings, to the Judicial Conference of the
United States.
``(3) Notice to complainant and judge.--A judicial council
acting under authority of this subsection shall, unless
contrary to the interests of justice, immediately submit
written notice to the complainant and to the judge whose
conduct is the subject of the action taken under this
subsection.
``Sec. 355. Action by Judicial Conference
``(a) In General.--Upon referral or certification of any
matter under section 354(b), the Judicial Conference, after
consideration of the prior proceedings and such additional
investigation as it considers appropriate, shall by majority
vote take such action, as described in section 354(a)(1)(C)
and (2), as it considers appropriate.
``(b) If Impeachment Warranted.--
[[Page H4996]]
``(1) In general.--If the Judicial Conference concurs in
the determination of the judicial council, or makes its own
determination, that consideration of impeachment may be
warranted, it shall so certify and transmit the determination
and the record of proceedings to the House of Representatives
for whatever action the House of Representatives considers to
be necessary. Upon receipt of the determination and record of
proceedings in the House of Representatives, the Clerk of the
House of Representatives shall make available to the public
the determination and any reasons for the determination.
``(2) In case of felony conviction.--If a judge has been
convicted of a felony under State or Federal law and has
exhausted all means of obtaining direct review of the
conviction, or the time for seeking further direct review of
the conviction has passed and no such review has been sought,
the Judicial Conference may, by majority vote and without
referral or certification under section 354(b), transmit to
the House of Representatives a determination that
consideration of impeachment may be warranted, together with
appropriate court records, for whatever action the House of
Representatives considers to be necessary.
``Sec. 356. Subpoena power
``(a) Judicial Councils and Special Committees.--In
conducting any investigation under this chapter, the judicial
council, or a special committee appointed under section 353,
shall have full subpoena powers as provided in section
332(d).
``(b) Judicial Conference and Standing Committees.--In
conducting any investigation under this chapter, the Judicial
Conference, or a standing committee appointed by the Chief
Justice under section 331, shall have full subpoena powers as
provided in that section.
``Sec. 357. Review of orders and actions
``(a) Review of Action of Judicial Council.--A complainant
or judge aggrieved by an action of the judicial council under
section 354 may petition the Judicial Conference of the
United States for review thereof.
``(b) Action of Judicial Conference.--The Judicial
Conference, or the standing committee established under
section 331, may grant a petition filed by a complainant or
judge under subsection (a).
``(c) No Judicial Review.--Except as expressly provided in
this section and section 352(c), all orders and
determinations, including denials of petitions for review,
shall be final and conclusive and shall not be judicially
reviewable on appeal or otherwise.
``Sec. 358. Rules
``(a) In General.--Each judicial council and the Judicial
Conference may prescribe such rules for the conduct of
proceedings under this chapter, including the processing of
petitions for review, as each considers to be appropriate.
``(b) Required Provisions.--Rules prescribed under
subsection (a) shall contain provisions requiring that--
``(1) adequate prior notice of any investigation be given
in writing to the judge whose conduct is the subject of a
complaint under this chapter;
``(2) the judge whose conduct is the subject of a complaint
under this chapter be afforded an opportunity to appear (in
person or by counsel) at proceedings conducted by the
investigating panel, to present oral and documentary
evidence, to compel the attendance of witnesses or the
production of documents, to cross-examine witnesses, and to
present argument orally or in writing; and
``(3) the complainant be afforded an opportunity to appear
at proceedings conducted by the investigating panel, if the
panel concludes that the complainant could offer substantial
information.
``(c) Procedures.--Any rule prescribed under this section
shall be made or amended only after giving appropriate public
notice and an opportunity for comment. Any such rule shall be
a matter of public record, and any such rule promulgated by a
judicial council may be modified by the Judicial
Conference. No rule promulgated under this section may
limit the period of time within which a person may file a
complaint under this chapter.
``Sec. 359. Restrictions
``(a) Restriction on Individuals Who Are Subject of
Investigation.--No judge whose conduct is the subject of an
investigation under this chapter shall serve upon a special
committee appointed under section 353, upon a judicial
council, upon the Judicial Conference, or upon the standing
committee established under section 331, until all
proceedings under this chapter relating to such investigation
have been finally terminated.
``(b) Amicus Curiae.--No person shall be granted the right
to intervene or to appear as amicus curiae in any proceeding
before a judicial council or the Judicial Conference under
this chapter.
``Sec. 360. Disclosure of information
``(a) Confidentiality of Proceedings.--Except as provided
in section 355, all papers, documents, and records of
proceedings related to investigations conducted under this
chapter shall be confidential and shall not be disclosed by
any person in any proceeding except to the extent that--
``(1) the judicial council of the circuit in its discretion
releases a copy of a report of a special committee under
section 353(c) to the complainant whose complaint initiated
the investigation by that special committee and to the judge
whose conduct is the subject of the complaint;
``(2) the judicial council of the circuit, the Judicial
Conference of the United States, or the Senate or the House
of Representatives by resolution, releases any such material
which is believed necessary to an impeachment investigation
or trial of a judge under article I of the Constitution; or
``(3) such disclosure is authorized in writing by the judge
who is the subject of the complaint and by the chief judge of
the circuit, the Chief Justice, or the chairman of the
standing committee established under section 331.
``(b) Public Availability of Written Orders.--Each written
order to implement any action under section 354(a)(1)(C),
which is issued by a judicial council, the Judicial
Conference, or the standing committee established under
section 331, shall be made available to the public through
the appropriate clerk's office of the court of appeals for
the circuit. Unless contrary to the interests of justice,
each such order shall be accompanied by written reasons
therefor.
``Sec. 361. Reimbursement of expenses
``Upon the request of a judge whose conduct is the subject
of a complaint under this chapter, the judicial council may,
if the complaint has been finally dismissed under section
354(a)(1)(B), recommend that the Director of the
Administrative Office of the United States Courts award
reimbursement, from funds appropriated to the Federal
judiciary, for those reasonable expenses, including
attorneys' fees, incurred by that judge during the
investigation which would not have been incurred but for the
requirements of this chapter.
``Sec. 362. Other provisions and rules not affected
``Except as expressly provided in this chapter, nothing in
this chapter shall be construed to affect any other provision
of this title, the Federal Rules of Civil Procedure, the
Federal Rules of Criminal Procedure, the Federal Rules of
Appellate Procedure, or the Federal Rules of Evidence.
``Sec. 363. Court of Federal Claims, Court of International
Trade, Court of Appeals for the Federal Circuit
``The United States Court of Federal Claims, the Court of
International Trade, and the Court of Appeals for the Federal
Circuit shall each prescribe rules, consistent with the
provisions of this chapter, establishing procedures for the
filing of complaints with respect to the conduct of any judge
of such court and for the investigation and resolution of
such complaints. In investigating and taking action with
respect to any such complaint, each such court shall have the
powers granted to a judicial council under this chapter.
``Sec. 364. Effect of felony conviction
``In the case of any judge or judge of a court referred to
in section 363 who is convicted of a felony under State or
Federal law and has exhausted all means of obtaining direct
review of the conviction, or the time for seeking further
direct review of the conviction has passed and no such review
has been sought, that judge shall not hear cases unless the
judicial council of the circuit (or, in the case of a judge
of a court referred to in section 363, that court) determines
otherwise.''.
(b) Conforming Amendment.--The table of chapters for part I
of title 28, United States Code, is amended by inserting
after the item relating to chapter 15 the following new item:
``16. Complaints against judges and judicial discipline..........351''.
SEC. 3. TECHNICAL AMENDMENTS.
(a) Retirement for Disability.--(1) Section 372 of title
28, United States Code, is amended--
(A) in the section caption by striking ``; judicial
discipline''; and
(B) by striking subsection (c).
(2) The item relating to section 372 in the table of
sections for chapter 17 of title 28, United States Code, is
amended by striking ``; judicial discipline''.
(b) Judicial Conference.--Section 331 of title 28, United
States Code, is amended in the fourth undesignated paragraph
by striking ``section 372(c)'' each place it appears and
inserting ``chapter 16''.
(c) Judicial Councils.--Section 332 of title 28, United
States Code, is amended--
(1) in subsection (d)(2)--
(A) by striking ``section 372(c) of this title'' and
inserting ``chapter 16 of this title''; and
(B) by striking ``372(c)(4)'' and inserting ``353''; and
(2) by striking the second subsection designated as
subsection (h).
(d) Recall of Bankruptcy Judges and Magistrate Judges.--
Section 375(d) of title 28, United States Code, is amended by
striking ``section 372(c)'' and inserting ``chapter 16''.
(e) Director of the Administrative Office of the United
States Courts.--Section 604 of title 28, United States Code,
is amended--
(1) in subsection (a)(20)--
(A) in subparagraph (B), by striking ``372(c)(11)'' and
inserting ``358''; and
(B) in subparagraph (C), by striking ``372(c)(15)'' and
inserting ``360(b)''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``section 372'' each
place it appears and inserting ``chapter 16''; and
(B) in paragraph (2), by striking ``section 372(c)'' and
inserting ``chapter 16''.
(f) Court of Appeals for Veterans Claims.--Section 7253(g)
of title 38, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``section 372(c)'' and inserting ``chapter
16''; and
(B) by striking ``such section'' and inserting ``such
chapter'';
(2) in paragraph (2)--
(A) in the first sentence, by striking ``paragraphs (7)
through (15) of section 372(c)'' and inserting ``sections
354(b) through 360''; and
(B) in the second sentence, by striking ``paragraph (7) or
(8) of section 372(c)'' and inserting ``section 354(b) or
355''; and
(3) in paragraph (3)(B), by striking ``372(c)(16)'' and
inserting ``361''.
[[Page H4997]]
The SPEAKER pro tempore (Mr. Stearns). Pursuant to the rule, the
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentlewoman from
Texas (Ms. Jackson-Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 3892 currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3892 constitutes a noncontroversial fine-tuning of
an existing statute, the Judicial Conduct and Disability Act of 1980,
which permits individuals to file complaints against Federal judges for
inappropriate behavior.
The legislation before us will reorganize the 1980 act by recodifying
it as a new chapter of title 28, United States Code, thereby making it
easier to locate and use. The bill will also clarify the
responsibilities of a circuit chief judge in making the initial
evaluations of a complaint, will specifically empower a judicial
council to refer a complaint to a smaller panel for greater scrutiny.
These changes will not only assist the Federal judiciary in discharging
its responsibilities under the 1980 act, they will enable an individual
to understand more fully the reasoning behind the disposition of a
complaint.
Mr. Speaker, the Committee on the Judiciary believes that the 1980
act works well in most instances but could work better. We have
developed this bill with full participation of the minority, and I urge
my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of H.R. 3892, the Judicial
Improvements Act of 2002. H.R. 3892 makes slight modifications to
existing Federal judicial misconduct statutes. These statutes govern
the methods and procedures through which a complaint against a Federal
judge is filed and evaluated.
H.R. 3892 improves the statutes of both the judiciary and the
complainant. H.R. 3892 clarifies how chief judges should evaluate
complaints while enabling a complainant to receive a fair and
expeditious review of his or her complaint. Specifically, H.R. 3892
accomplishes four primary goals. H.R. 3892 creates a new chapter to
house the misconduct statutes, better organized and more convenient
than before. Second, it recognizes the authority of a chief judge to
conduct a limited inquiry into a complaint against a Federal judge to
evaluate the merit of the complaint. Third, H.R. 3892 specifies
additional valid criteria for a dismissal of a complaint. Finally, it
permits a subset of the judicial council to evaluate a complainant's
appeal rather than the full council.
I believe that is the right direction to assist our Federal
judiciary, which I know wants to be on top of the rules and in front of
the rules, to do their jobs and to monitor their own conduct.
Mr. Speaker, I rise in support of H.R. 3892, the Judicial
Improvements Act of 2002.
H.R. 3892 makes slight modifications to existing federal judicial
misconduct statutes. These statutes govern the methods and procedures
through which a complaint against a federal judge is filed and
evaluated.
H.R. 3892 improves these statutes for both the judiciary and the
complainant. H.R. 3892 clarifies how chief judges should evaluate
complaints, while enabling a complainant to receive a fair and
expeditious review of his or her complaint.
Specifically, H.R. 3892 accomplishes four primary goals.
First, H.R. 3892 creates a new chapter to house the misconduct
statutes, better organized and more convenient than before.
Second, it recognizes the authority of a chief judge to conduct a
limited inquiry into a complaint against a federal judge, to evaluate
the merit of the complaint.
Third, H.R. 3892 specifies additional valid criteria for a dismissal
of a complaint.
Finally, it permits a subset of the judicial council to evaluate a
complainant's appeal, rather than the full council.
This legislation is the outcome of the Subcommittee on Courts, the
Internet, and Intellectual Property oversight hearing held in November
2001 on judicial misconduct and recusal.
The reorganization and clarifications in this bill were discussed and
supported by the witnesses at that hearing. H.R. 3892 was subsequently
marked up at both the Subcommittee and Committee levels with the full
support of the Members.
This legislation helps the judiciary to police itself more
effectively, and does not impose any additional restrictions or
external oversight.
With that, I would ask my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume
to the gentleman from North Carolina (Mr. Coble).
Mr. COBLE. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, the chairman has done a thorough job of describing the
bill, so I will not rehash his comments. I would say, however, that the
bill was a bipartisan effort in the making, and I especially want to
thank the distinguished gentleman from Wisconsin (Mr. Sensenbrenner),
the chairman of the House Committee on the Judiciary; the distinguished
gentleman from Michigan (Mr. Conyers), the ranking member; and the
distinguished gentleman from California (Mr. Berman), who is the
ranking member on the subcommittee of jurisdiction, for their
contributions and cooperations.
In addition to our work on H.R. 3892, the gentleman from California
(Mr. Berman) and I have undertaken two other projects to help improve
the ethical standing of the judiciary. We have written to the Chief
Justice asking that the judicial conference consider implementing
certain administrative changes that should improve the operations of
the courts; and we have, furthermore, requested that the Federal
Judicial Center conduct a study of complaint dispositions throughout
the various circuits. Combined with H.R. 3892, I believe that these
efforts will assist Federal judges in discharging their ethical
responsibilities while better informing the Congress as to the
effectiveness of the judicial misconduct statute which we are amending
today.
Finally, Mr. Speaker, I would be remiss if I failed to mention the
diligent work of the following people who were incredibly helpful in
the drafting of H.R. 3892: Mr. Arthur Hellman of the Pittsburg School
of Law, Mr. Mike Remington, the former chief counsel on the
Subcommittee on the Courts, the Internet and Intellectual Property,
Sandy Strokoff of the Legislative Counsel's Office, as well as the
Honorable William Osteen, United States District Judge from the middle
district of North Carolina who appeared as a witness, and who by the
way, Mr. Speaker, is one of my constituents.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I know that the gentleman from California (Mr. Berman)
would want me to thank the gentleman for his hard work on this
legislation and to, as well, acknowledge the gentleman from Wisconsin
(Mr. Sensenbrenner) and the gentleman from Michigan (Mr. Conyers) for
their work on this legislation.
Mr. Speaker, I do want to note, I want to indicate that this
legislation is the outcome of the Subcommittee on Courts, the Internet
and Intellectual Property oversight hearing that was held November 2001
on judicial misconduct and recusal.
The reorganization and clarifications in this bill were discussed and
supported by the witnesses at the hearing, and H.R. 3892 was
subsequently marked up at both the subcommittee and committee levels
with the full support of the Members. This legislation helps the
judiciary to police itself more effectively and does not impose
additional restrictions or external oversight.
Our committee, though this is not the Subcommittee on Courts for the
Committee on the Judiciary, and I understand the committee that deals
with commercial administrative law has had it brought to its attention
issues dealing with ALJ's as it relates to the responsibility they
have, in particular, dealing with Social Security
[[Page H4998]]
Administration issues. This kind of even-handed legislation and
oversight hearings are the kind that I think will give us guidance on
how to deal with the administrative law judges, and I would look
forward in the time to come that we would have that opportunity. I
support this legislation, and I ask my colleagues to vote in favor of
H.R. 3892.
Mr. Speaker, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the
rules and pass the bill, H.R. 3892, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________