[Congressional Record Volume 152, Number 6 (Thursday, January 26, 2006)]
[Senate]
[Pages S229-S230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Kerry, and Mr. Feingold):
  S. 2202. A bill to provide for ethics reform of the Federal judiciary 
and to instill greater public confidence in the Federal courts; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to introduce the Fair and 
Independent Judiciary Act of 2006 because ensuring a fair and 
independent judiciary is critical to the system of checks and balances 
established in our Constitution. This legislation seeks to preserve the 
public confidence that our Federal courts enjoy, and that our courts 
need to adequately fulfill their constitutional role in our system. 
Revelations that judges and justices are receiving gifts from parties 
that may appear before them or have a financial interest in a 
litigating party undermine the public's trust.
  For the past 4 years, editorial boards across the country have called 
our attention to the appearance of impropriety that occurs when Federal 
judges accept gifts and attend lavish private seminars sponsored by 
well-heeled corporations. I have proposed similar legislation in 
previous Congresses to address the problem of private judicial 
seminars. Last year, despite my ongoing concerns about reports of 
judicial activities that undermine public confidence, I withheld these 
provisions from a judicial pay raise bill. I had hoped that the Federal 
judiciary would engage in self-regulation on these timely and 
substantive ethical issues. Unfortunately, recent press reports show 
continued appearances of impropriety, even by a member of the Supreme 
Court. This legislation does not prohibit judges and justices from 
attending educational seminars. Instead, it simply requires them to 
learn and disclose the private sponsors of the seminars and make that 
information public. Then, they would be allowed to attend the seminars, 
but at the court's expense, instead of having special interests pick up 
their tabs.
  Another issue that threatens to undermine confidence in our judicial 
impartiality was highlighted at the recent hearings for Judge Alito. 
Some judges fail to monitor their financial holdings so that they can 
properly recuse themselves from cases where there may be a conflict of 
interest. One way to be sure that the recusal laws Congress enacted are 
being followed by all Federal judges is to allow more transparency of a 
judge's financial conflicts. This legislation contains a provision to 
improve the public's access to the recusal lists that all judges keep 
within their chambers or clerks' offices.
  Because the public's trust is at stake, it is important to require 
that private seminar providers fully disclose the litigation interests 
of their sponsors and to improve access to judicial conflicts. The 
American people deserve a Federal judiciary that is beyond reproach--in 
appearance, and otherwise. The Fair and Independent Judiciary Act seeks 
to ensure continued public confidence in our Federal courts. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows.

                                S. 2202

         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 ``Federal Judiciary Ethics 
     Reform Act of 2006''.

     SEC. 2. JUDICIAL EDUCATION FUND.

       (a) Establishment.--Chapter 42 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 630. Judicial Education Fund

       ``(a) In this section, the term--
       ``(1) `institution of higher education' has the meaning 
     given under section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a));
       ``(2) `private judicial seminar'--
       ``(A) means a seminar, symposia, panel discussion, course, 
     or a similar event that provides continuing legal education 
     to judges; and
       ``(B) does not include--
       ``(i) seminars that last 1 day or less and are conducted 
     by, and on the campus of, an institute of higher education;
       ``(ii) seminars that last 1 day or less and are conducted 
     by national bar associations or State or local bar 
     associations for the benefit of the bar association 
     membership; or
       ``(iii) seminars of any length conducted by, and on the 
     campus of an institute of higher education or by national bar 
     associations or State or local bar associations, where a 
     judge is a presenter and at which judges constitute less than 
     25 percent of the participants;
       ``(3) `national bar association' means a national 
     organization that is open to general membership to all 
     members of the bar; and
       ``(4) `State or local bar association' means a State or 
     local organization that is open to general membership to all 
     members of the bar in the specified geographic region.
       ``(b) There is established within the United States 
     Treasury a fund to be known as the `Judicial Education Fund' 
     (in this section referred to as the `Fund').
       ``(c) Amounts in the Fund may be made available for the 
     payment of necessary expenses, including reasonable 
     expenditures for transportation, food, lodging, private 
     judicial seminar fees and materials, incurred by a judge or 
     justice in attending a private judicial seminar approved by 
     the Board of the Federal Judicial Center. Necessary expenses 
     shall not include expenditures for recreational activities or 
     entertainment other than that provided to all attendees as an 
     integral part of the private judicial seminar. Any payment 
     from the Fund shall be approved by the Board.
       ``(d) The Board may approve a private judicial seminar 
     after submission of information by the sponsor of that 
     private judicial seminar that includes--
       ``(1) the content of the private judicial seminar 
     (including a list of presenters, topics, and course 
     materials); and
       ``(2) the litigation activities of the sponsor and the 
     presenters at the private judicial seminar (including the 
     litigation activities of the employer of each presenter) on 
     the topic related to those addressed at the private judicial 
     seminar.
       ``(e) If the Board approves a private judicial seminar, the 
     Board shall make the information submitted under subsection 
     (d) relating to the private judicial seminar available to 
     judges and the public by posting the information on the 
     Internet.
       ``(f) The Judicial Conference shall promulgate guidelines 
     to ensure that the Board only approves private judicial 
     seminars that are conducted in a manner so as to maintain the 
     public's confidence in an unbiased and fair-minded judiciary.
       ``(g) There are authorized to be appropriated for deposit 
     in the Fund $2,000,000 for each of fiscal years 2006, 2007, 
     and 2008, to remain available until expended.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 42 of title 28, United States Code, is 
     amended by adding at the end the following:

``630. Judicial Education Fund''.

     SEC. 3. PRIVATE JUDICIAL SEMINAR GIFTS PROHIBITED.

       (a) Definitions.--In this section, the term--
       (1) ``institution of higher education'' has the meaning 
     given under section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a));
       (2) ``private judicial seminar''--
       (A) means a seminar, symposia, panel discussion, course, or 
     a similar event that provides continuing legal education to 
     judges; and
       (B) does not include--
       (i) seminars that last 1 day or less and are conducted by, 
     and on the campus of, an institute of higher education;
       (ii) seminars that last 1 day or less and are conducted by 
     national bar associations or

[[Page S230]]

     State or local bar associations for the benefit of the bar 
     association membership; or
       (iii) seminars of any length conducted by, and on the 
     campus of an institute of higher education or by national bar 
     associations or State or local bar associations, where a 
     judge is a presenter and at which judges constitute less than 
     25 percent of the participants.
       (3) ``national bar association'' means a national 
     organization that is open to general membership to all 
     members of the bar; and
       (4) ``State or local bar association'' means a State or 
     local organization that is open to general membership to all 
     members of the bar in the specified geographic region.
       (b) In General.--Not later than 240 days after the date of 
     enactment of this Act, the Judicial Conference of the United 
     States shall promulgate regulations to apply section 7353(a) 
     of title 5, United States Code, to prohibit the solicitation 
     or acceptance of anything of value in connection with a 
     private judicial seminar.
       (c) Exception.--The prohibition under the regulations 
     promulgated under subsection (b) shall not apply if--
       (1) the judge participates in a private judicial seminar as 
     a speaker, panel participant, or otherwise presents 
     information;
       (2) Federal judges are not the primary audience at the 
     private judicial seminar; and
       (3) the thing of value accepted is--
       (A) reimbursement from the private judicial seminar sponsor 
     of reasonable transportation, food, or lodging expenses on 
     any day on which the judge speaks, participates, or presents 
     information, as applicable;
       (B) attendance at the private judicial seminar on any day 
     on which the judge speaks, participates, or presents 
     information, as applicable; or
       (C) anything excluded from the definition of a gift under 
     regulations of the Judicial Conference of the United States 
     under sections 7351 and 7353 of title 5, United States Code, 
     as in effect on the date of enactment of this Act.

     SEC. 4. RECUSAL LISTS.

       Section 455 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(g)(1) Each justice, judge, and magistrate of the United 
     States shall maintain a list of all financial interests that 
     would require disqualification under subsection (b)(4).
       ``(2) Each list maintained under paragraph (1) shall be 
     made available to the public at the office of the clerk for 
     the court at which a justice, judge, or magistrate is 
     assigned.''
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