12 1 designated to hold such court. The Judicial Conference shall 2 determine the need for filling the vacancy, after investigation 3 and consultation with the Judicial Council of the appropriate 4 circuit. If the Conference finds that no need exists for filling 5 the vacancy it shall submit to the Congress its findings and 6 recommendations. Such recommendations shall take effect 7 sixty legislative days after such recommendation is made to 8 Congress, unless within such period, either House of Con9 gress adopts a resolution of disapproval.". 96TH CONGRESS 1ST SESSION H.R.5873 To establish a procedure for the processing of complaints directed against Federal judges, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. LOTT introduced the following bill; which was referred to the Committee on the Judiciary I 1 A BILL To establish a procedure for the processing of complaints directed against Federal judges, and for other purposes. Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 4 SHORT TITLE SECTION 1. This Act may be cited as the "Judicial 5 Conduct and Disability Act of 1979". PROCEDURES WITHIN JUDICIAL COUNCILS; COURT ON JUDICIAL CONDUCT AND DISABILITY 6 7 8 SEC. 2. (a) Section 372 of title 28, United States Code, 9 is amended by adding the following at the end of the section: 1 2 "(c)(1) Any person may file a written complaint against 2 a judge, as defined in paragraph (2), with the judicial council 3 of the circuit in which the judge serves, alleging that— 4 5 6 7 8 9 10 "(A) the judge is, or has been, unable to discharge efficiently all the duties of his or her office by reason of mental or physical disability; or "(B) the judge is engaging, or has engaged, in conduct inconsistent with the effective and expeditious administration of the business of the courts. "(2) For the purposes of this subsection through subsec11 tion (o), other than subsections (g) and (j), ‘'judge' means a 12 judge of a court of appeals or a district court. 13 "(3) Complaints which are outside the jurisdiction of the 14 judicial council include, but are not limited to, complaints re15 lating to the merits of any decisional or procedural ruling of a 16 judge, or any matter reviewable under any other provision of 17 law on the record. The judicial council shall dismiss any com18 plaint which is outside its jurisdiction. 19 "(4) The judicial council shall, with respect to judges 20 within its circuit, process and investigate each complaint not 21 dismissed under paragraph (3), and may investigate on its 22 own motion any other allegation which meets the standards 23 provided in subparagraph (A) or (B) of paragraph (1). After 24 investigation on its own motion, the judicial council may, if 25 appropriate, file a complaint under paragraph (1). The judi 3 1 cial council shall notify the complainant when it receives the 2 complaint, and shall forward a copy to the judge who is the 3 subject of the complaint. The judicial council shall take action 4 on each complaint in an expeditious manner. 5 "(5) After review of the allegations, the judicial council 6 shall dismiss any complaint, the allegations of which are 7 frivolous or which do not meet the standards provided in sub8 paragraph (A) or (B) of paragraph (1), or proceed in accord9 ance with subsection (d). If the judicial council dismisses a 10 complaint under this paragraph or under paragraph (3), it 11 shall notify in writing the complainant and the judge who is 12 the subject of the complaint of the action taken and the rea13 sons for the order of dismissal. 14 "(6) The complainant may, within ten days of receipt of 15 the notice under paragraph (5), petition the Court on Judicial 16 Conduct and Disability (hereinafter in this section referred to 17 as the 'Court') for review of any order of dismissal under 18 paragraph (3) or (5). 19 "(d)(1) If the complaint is not dismissed under subsec20 tion (c)(3) or (c)(5), the judicial council shall notify the com21 plainant and shall give the judge who is the subject of the 22 complaint an opportunity to appear before the judicial coun23 cil, if desired. 4 1 "(2) If the judicial council finds that the allegations 2 meet the standards provided in subsection (c)(1) (A) or (B), it 3 shall 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 "(A) certify disability pursuant to the procedures and standard provided under subsection (b); "(B) request that the judge voluntarily retire with the provision that the length-of-service requirements under section 371 of this title shall not apply; "(C) order that, on a temporary basis for a time certain, no further cases be assigned to the judge; "(D) censure or reprimand the judge by means of private communication; "(E) censure or reprimand the judge by means of public announcement; or "(F) order such other action as it considers appropriate under the circumstances, but in no circumstances may the council order removal from office. "(3) The judicial council shall maintain a record of any 19 proceedings conducted under paragraph (2), and each action 20 taken shall be accompanied by written findings, including a 21 statement of the basis upon which such action was taken. “(4)(A) The judicial council shall notify in writing the 23 complainant and the judge who is the subject of the com24 plaint of the action taken under paragraph (2). A complainant 25 or the judge who is the subject of the complaint may, within 22 |