22

1 tired under this subsection shall be entitled to salary as speci2 fied in subsection (a). Such judge shall be deprived of all 3 powers of the office, except that an involuntarily retired 4 judge who has been determined again able to undertake judi5 cial duties under section 388 of this title may be designated 6 and assigned under section 294 of this title. The President 7 may, by and with the advice and consent of the Senate, ap8 point an additional judge to the court of any judge retired 9 involuntarily under this subsection. Whenever any such addi10 tional judge is appointed, the vacancy subsequently caused by 11 the death or resignation of the involuntarily retired judge 12 shall not be filled.".

13

14

SUPREME COURT REVIEW

SEC. 4. (a) Chapter 81 of title 28, United States Code,

15 is amended by adding at the end thereof the following:

16 "81259. Court on Judicial Conduct and Disability; appeal

17

18

of order

"(a) Upon the petition of an aggrieved judge, the Su19 preme Court may review, by writ of certiorari, an order of 20 the Court on Judicial Conduct and Disability under chapter 21 18 of this title that such judge be involuntarily retired, re22 moved, or censured for a condition or conduct inconsistent 23 with the good behavior required by article III, section 1 of 24 the Constitution of the United States.

23

1

"(b) Upon the petition of the Judicial Conduct and Dis

2 ability Commission, the Supreme Court may review, by writ 3 of certiorari, an order of the Court on Judicial Conduct and

4 Disability under chapter 18 of this title that a complaint 5 against a judge be dismissed."

6 (b) The table of sections of chapter 81 of title 28, United 7 States Code, is amended by adding at the end thereof the 8 following:

9

10

"1259. Court on Judicial Conduct and Disability; appeal or order.".

ASSIGNMENT OF RETIRED JUDGES

SEC. 5. (a) Section 294(c) of title 28, United States

11 Code, is amended

12

13

14

15

16

17

18

19

20

21

22

(1) by inserting "voluntarily" immediately before "retired";

(2) by inserting "and any involuntarily retired judge who is determined again able under section 388 of this title to undertake judicial duties," immediately

after "bankruptcy judge'; and

(3) by inserting "and any other involuntarily retired judge of the United States who is determined

again able under section 388 of this title to undertake judicial duties," immediately after "United States".

(b) Section 294(e) of title 28, United States Code, is

23 amended to read as follows:

24

1 "(e) A justice or judge who has voluntarily retired and a 2 judge who was involuntarily retired but has been determined 3 again able under section 388 of this title to undertake judicial 4 duties, may only perform judicial duties when so designated 5 and assigned.".

6

7

TECHNICAL AND CONFORMING AMENDMENTS

SEC. 6. (a) Section 331 of title 28, United States Code,

8 is amended by inserting after the fifth paragraph the follow

9 ing:

10

"The conference shall elect members of the Judicial 11 Conduct and Disability Commission and shall perform other 12 duties under chapter 18 of this title.".

13 (b) The first paragraph of section 456 of title 28, United 14 States Code, is amended—

15

16

17

18

19

20

21

222

(1) by striking out "and" the first place it appears in such paragraph and inserting a comma in lieu thereof; and

(2) by inserting", and the layman serving on the Judicial Conduct and Disability Commission," immediately after "duty”.

(c) The fifth paragraph of section 456 of title 28, United

22 States Code, is amended by adding at the end thereof the 23 following: "The layman serving on the Judicial Conduct and 24 Disability Commission shall upon his appointment and from 25 time to time thereafter as his official station may change,

25

1 notify the Director of the Administrative Office of the United

2 States Courts in writing of his official station.".

3 (d) Section 569(b) of title 28, United States Code, is 4 amended by inserting ", the Court on Judicial Conduct and 5 Disability, and the Judicial Conduct and Disability Commis6 sion," immediately after "Canal Zone,".

7 (e) Section 604 of title 28, United States Code, is 8 amended by adding at the end thereof the following: 9 "(f) The Director shall provide facilities and pay neces10 sary expenses incurred by the Judicial Conduct and Disabil11 ity Commission under chapter 18 of this title, including mile12 age allowance and witness fees, at the same rate as provided 13 in section 1821 of this title, and fix the compensation not 14 otherwise fixed by law of employees, experts, and consultants 15 of the commission.".

16 (f) Section 610 of title 28, United States Code, is 17 amended by striking "and the Customs Court." and inserting 18 in lieu thereof "the Customs Court, and the Court on Judi19 cial Conduct and Disability.".

20

21

AUTHORIZATION OF APPROPRIATIONS

SEC. 7. There are authorized to be appropriated such

22 sums as may be necessary to carry out this Act.

24

SEC. 8. The provisions of this Act shall take effect on

Identical to H.R. 2502 (Ms. Oakar)7

96TH CONGRESS

1ST SESSION

H. R. 1227

To establish a Council on Judicial Tenure in the judicial branch of the Government, to establish a procedure in addition to impeachment for the retirement of disabled Justices and judges of the United States, and the removal of Justices and judges whose conduct is or has been inconsistent with the good behavior required by article III, section 1, of the Constitution, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 22, 1979

Mr. MATHIS introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To establish a Council on Judicial Tenure in the judicial branch of the Government, to establish a procedure in addition to impeachment for the retirement of disabled Justices and judges of the United States, and the removal of Justices and judges whose conduct is or has been inconsistent with the good behavior required by article III, section 1, of the Constitution, and for other purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That, this Act may be cited as the "Judicial Tenure Act".