19 1 "(h) Whenever, upon complaint and after a hearing, the 2 Chief Justice of the United States finds that the chief judge 3 of the Court of Claims, the Court of Customs and Patent 4 Appeals, or the Customs Court has violated the good behav5 ior standard required by article III, section 1 of the United 6 States Constitution or is the subject of another serious alle7 gation, or in the case of any judge of the Court of Claims, the 8 Court of Customs and Patent Appeals, or the Customs 9 Court, such judge is found by the chief judge of his court to 10 be subject to a certificate of disability pursuant to subsection 11 (b) of this section, the Chief Justice or chief judge shall 12 promptly notify the Judicial Conference. The Judicial Con13 ference shall thereupon review the facts and circumstances 14 concerning the action taken and make such recommendations 15 as are deemed necessary, in accordance with subsection (g) of 16 this section.". 17 (b) The table of sections for chapter 17 of title 28, 18 United States Code, is amended by amending the item relat 19 ing to section 372 to read as follows: "372. Retirement for disability; substitute judge or failure to retire; judicial disci pline.". 96TH CONGRESS 1ST SESSION H.R.4115 To provide for the review of the behavior of individual justices and judges by three-judge panels. IN THE HOUSE OF REPRESENTATIVES MAY 16, 1979 Mr. FINDLEY introduced the following bill; which was referred to the Committee on the Judiciary I A BILL To provide for the review of the behavior of individual justices and judges by three-judge panels. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That chapter 21 of title 28, United States Code, is amended 4 by adding at the end thereof the following new section: 5 "8462. Review of behavior of justices and judges 6 "(a) The Chief Justice of the United States may on his 7 own initiative, or shall on the request of two other justices of 8 the United States, or two judges of the United States, or one 9 other justice of the United States and one judge of the United 2 1 States, establish and select a panel of three members to 2 review the behavior of any justice (other than the Chief Jus3 tice) or judge of the United States whose behavior is being 4 questioned under such initiative or request. If, after affording 5 the justice or judge whose behavior is being reviewed by such 6 panel an opportunity for a hearing, a majority of the mem7 bers of such panel determines that the behavior of such jus8 tice or judge is not good, such justice or judge shall cease, as 9 of the thirtieth day after that determination, to hold office as 10 a justice or judge of the United States; except that if such 11 justice or judge takes an appeal to the Supreme Court under 12 section 1259 of this title within thirty days after that deter13 mination, such justice or judge shall cease to hold such office 14 only upon the affirmation of that determination by the Su15 preme Court and as of the time of that affirmation. 16 "(b) The associate justice having precedence under sec17 tion 4 of this title shall on the request of two associate jus18 tices of the United States, or two judges of the United States, 19 or one associate justice of the United States and one judge of 20 the United States establish and select a panel of three mem21 bers to review, under subsection (a), the behavior of the Chief 22 Justice of the United States whose behavior is being ques23 tioned under such request. 24 "(c) A panel of three members established under this 25 section may consist of any combination of justices and judges 3 1 of the United States but shall not include any justice or judge 2 of the United States who initiated or requested the review by 3 such panel or whose behavior is being reviewed by such 4 panel. 5 "(d) For the purposes of an appeal to the Supreme 6 Court under section 1259 of this title, the determination of a 7 panel of three members under this section shall, to the extent 8 practicable, be deemed to be a judgment of a Federal court.". SEC. 2. The table of sections for chapter 21 of title 28, 10 United States Code, is amended by adding at the end thereof 9 11 the following: 12 "462. Review of behavior of justices and judges.". SEC. 3. Chapter 81 of title 28, United States Code, is 13 amended by adding at the end thereof the following new sec14 tion: 15 "81259. Direct appeals from decisions of panels which 16 17 review the behavior of justices and judges "Any justice or judge of the United States, whose be18 havior is reviewed by a panel of three members under section 19 462 of this title may appeal the determination of such panel 20 to the Supreme Court, if the appeal is taken within thirty 21 days after such determination.". 22 SEC. 4. The table of sections of chapter 81 of title 28, 23 United States Code, is amended by adding at the end thereof 24 the following: "1259. Direct appeals from decisions of panels which review the behavior of jus tices and judges.". I 96TH CONGRESS 1ST SESSION H.R.4641 To amend title 28 of the United States Code to provide for improvements in the administration of the courts of the United States by the establishment of a Commission on Judicial Disabilities and Tenure, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. RAILSBACK (for himself and Mr. BUTLER) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28 of the United States Code to provide for improvements in the administration of the courts of the United States by the establishment of a Commission on Judicial Disabilities and Tenure, 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". 4 SEC. 2. Chapter 17 of title 28 of the United States 5 Code is amended by adding at the end the following: |