H.R. 1620101st CongressHouse Bill

Judicial Discipline and Impeachment Reform Act of 1989

Introduced in the HouseDead

This bill died when its Congress ended.

Bills don't carry over between Congresses. Without re-introduction in a new session, it cannot advance.

Judicial Discipline and Removal Reform Act of 1990 - Title I: Judicial Discipline - Amends the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 to authorize a circuit chief judge to identify a complaint for purposes of judicial discipline, thereby dispensing with the filing of a written complaint. Requires the judge, when exercising such discretion, to enter a written order stating the reason for waiving the written complaint. Authorizes a circuit or district judge appointed to a special investigative committee to serve on such committee after becoming a senior judge or, in the case of the chief judge of the circuit, after his term as chief judge terminates. Specifies that if a judge appointed to such a committee dies or retires from office while serving on the committee, the chief judge of the circuit may appoint another judge to the committee. Requires the Clerk of the House of Representatives, upon receipt of an impeachment determination and the record of the proceedings, to make available to the public the determination and any reasons for the determination. Authorizes the judicial council of the circuit to release a copy of the report of a special investigative committee to the person whose complaint initiated the report and to the judge or magistrate whose conduct is the subject of the complaint. Authorizes the Judicial Conference of the United States to transmit to the House of Representatives a determination that impeachment may be warranted, together with appropriate court records, if a judge or magistrate has been convicted of a felony and all direct appeals have been exhausted without success. Prohibits the Judicial Conference or judicial councils from using their rulemaking authority to create statutes of limitations regarding the filing of complaints under such Act. Authorizes the chief judge to conclude a disciplinary proceeding if he finds that the complaint is no longer necessary because of intervening events. Grants judicial councils authority to dismiss complaints. Authorizes the judicial council, following dismissal of the complaint, to recommend to the Director of the Administrative Office of the U.S. Courts that reimbursement of reasonable expenses, including attorneys fees, be awarded to a judge who has incurred expenses during an investigation which would not have been incurred but for the requirements of such Act. Authorizes a judicial council or special committee to institute contempt proceedings to enforce orders not obeyed by court officers or employees. Deletes the phrase "to the best of my abilities and understanding, agreeably to" from the statutory oath of office for Federal judges. Amends the Ethics in Government Act of 1978 to provide that whenever the Chairman of the Judicial Conference refers a name to the Attorney General regarding an ethical problem involving a Federal judge the judicial council of the circuit in which the judge resides must also be notified. Authorizes the advisory committees appointed by the courts of appeals to assist in the drafting of judicial discipline rules. Title II: National Commission on Judicial Impeachment - National Commission on Judicial Discipline and Removal Act - Establishes the National Commission on Judicial Discipline and Removal to: (1) investigate and study the problems and issues involved in the appointment and tenure (including discipline and removal) of article III judges; (2) evaluate the advisability of proposing alternatives to current arrangements with respect to such problems and issues; and (3) prepare and submit to the Congress, the Chief Justice, and the President a report detailing the findings and conclusions of the Commission. Terminates the Commission 30 days after the submission of such report. Authorizes appropriations.

Introduced Mar 23, 1989
1
Introduced

Filed in the House

2
Passed House
3
Passed Senate
4
Became Law

This house bill has been filed and is working its way through Congress. It will need to pass both the House and the Senate, then be signed by the President to become law.

Who introduced this

RK

Robert Kastenmeier

Democrat

U.S. Representative · WI-2

2 cosponsors — mostly Republicans

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