15 1 application of such provision or amendment to persons or cir 2 cumstances other than those as to which it is held invalid, 3 shall not be affected thereby. 4 5 AUTHORIZATION SEC. 5. There are authorized to be appropriated such 6 sums as may be necessary to carry out this Act. 7 8 9 1980. EFFECTIVE DATE SEC. 6. This Act shall become effective October 1, 96TH CONGRESS 2D SESSION H. R. 6330 To establish a procedure for the processing of complaints against Federal judges, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. KASTENMEIER introduced the following bill; which was referred to the I A BILL To establish a procedure for the processing of complaints against Federal judges, and for other purposes. 1 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 1980". 6 PROCEDURES WITHIN JUDICIAL COUNCILS 7 SEC. 2. (a) Section 372 of title 28, United States Code, 8 is amended 1 2 2 (1) by amending the section heading to read as follows: 3 "8372. Retirement for disability; substitute judge on fail ure to retire; judicial discipline"; 4 5 and 6 7 8 (2) by adding the following at the end of the section: “(c)(1) Any person alleging that a court of appeals, dis9 trict court, or bankruptcy court judge, or a magistrate, has 10 engaged in conduct prejudicial to the effective and expedi11 tious administration of the business of the courts may file 12 with the clerk of the court of appeals for the circuit a written 13 complaint containing a brief statement of the facts constitut14 ing such conduct. 15 "(2) Upon receipt of a complaint, the clerk shall 16 promptly transmit it to the chief judge of the court of appeals 17 for the circuit, or, if the conduct complained of is that of the 18 chief judge, to that court of appeals judge in regular active 19 service next senior in date of commission, who is hereafter 20 referred to for purposes of this subsection only as 'the chief 21 judge'. The clerk shall simultaneously transmit a copy of the 22 complaint to the judge or magistrate whose conduct is the 23 subject of the complaint. 24 "(3) The chief judge, by written order stating his rea25 sons, may— 1 2 3 4 5 6 7 8 3 (A) dismiss the complaint, if he finds it to be "(i) related to the merits of a decision or procedural ruling; or “(ii) not in conformity with paragraph (1) of this subsection; or "(iii) frivolous; or "(B) close the complaint upon assuring himself that appropriate corrective action has been taken. 9 The chief judge shall transmit copies of his written order to 10 both the complainant and the judge or magistrate whose con11 duct is the subject of the complaint. 12 "(4) If the chief judge does not enter an order under 13 paragraph (3) of this subsection he shall promptly— 14 15 16 17 18 19 20 21 22 23 24 "(A) appoint himself and equal numbers of court of appeals and district court judges of the circuit to a special committee to investigate the facts and allegations contained in the complaint; and "(B) certify the complaint and any other documents pertaining thereto to each member of the committee; and "(C) notify both the complainant and the judge or magistrate whose conduct is the subject of the complaint of that action. "(5) Each committee appointed under paragraph (4) of 25 this subsection shall conduct an investigation as extensive as 4 1 it deems necessary and expeditiously file a comprehensive 2 written report thereon with the judicial council of the circuit. 3 That report shall present both the findings of the investiga4 tion and the committee's recommendations for necessary and 5 appropriate action by the judicial council of the circuit. 6 “(6) Upon receipt of a report filed under paragraph (5) 7 of this subsection, the judicial council— "(A) may conduct any additional investigation which it believes to be necessary; and "(B) shall take such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the circuit; or "(C) may, in its discretion, refer the complaint and its recommendations for action to the Judicial Conference of the United States: Provided, That, in any case in which the judicial council determines that the complaint or resulting investigations have revealed conduct which might constitute one or more grounds for impeachment under article I of the Constitution, it shall promptly certify its determination and a record of all associated proceedings to the Judicial Conference of the United States. A judicial council acting under authority of this paragraph shall immediately inform the judge or magistrate whose conduct is the subject of that action in writing of the action. |