Federal Courts Study Committee Implementation Act of 1990

Summary

Title I: Federal Courts Study Committee Implementation - Federal Courts Study Committee Implementation Act of 1990 - Requires the Federal Judicial Center to submit to the Congress a study on: (1) the number and frequency of conflicts among the judicial circuits in interpreting the law that remain unresolved because they are not heard by the Supreme Court; and (2) how many conflicts are "intolerable" based on specific factors, but are unlikely to be resolved by the Supreme Court. Amends the Federal criminal code to revise provisions concerning the appointment of Federal public defenders to require defender organizations to be supervised by a board or commission independent of the courts being served by the organizations. Transfers specified authorities of the court of appeals of the circuit with respect to such organizations to such boards or commissions. Amends the Federal judicial code to remove requirements for approval of budget estimates by the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. Directs the President, in any case in which a U.S. judge assumes the duties of a full-time office of Federal judicial administration, to appoint an additional judge for the court on which the judge serves. Increases attendance fees paid to witnesses, jurors, petit jurors, and grand jurors. Revises provisions concerning the removal of separate and independent claims. Authorizes a civil action where jurisdiction is founded only on diversity of citizenship to be brought only in the judicial district in which: (1) any defendant resides, if all defendants reside in the same State; (2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) the defendants are subject to personal jurisdiction at the time the action commenced. (Current law permits such actions to be brought only in the judicial district where all plaintiffs or defendants reside, or in which the claim arose.) Permits a civil action where jurisdiction is not founded solely on diversity of citizenship to be brought only in the judicial district in which: (1) any defendant resides, if all defendants reside in the same State; (2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) any defendant may be found, if there is no district in which the action may otherwise be brought. Revises venue provisions concerning civil actions in which a defendant is an officer or employee of the United States. Prohibits civil actions arising under an Act of the Congress from being commenced later than four years after the action accrues. Initiates a retirement program for Claims Court judges aged 65 or older, basing annuities upon specified age and length of service criteria, as determined in accordance with this Act. Includes provisions to cover retirement due to disability. Precludes judges who elect this new annuity program from receiving civil service retirement benefits. Permits the recall of retired judges to perform judicial duties, subject to certain conditions. Sets forth the administrative features of the annuity plan. Provides for a forfeiture of annuity for retired Claims Court judges who: (1) in the practice of law represent a client in a civil claim against the United States; (2) fail to perform required judicial duties (such forfeiture to occur for a one-year period); or (3) accept Government civil office or employment compensation (such forfeiture to occur for the period the compensation is received). Makes forfeitures inapplicable in specified cases where a retired judge elects to freeze the amount of the annuity. Sets forth procedures with respect to revoking an election to receive an annuity. Establishes the Claims Court Judges Retirement Fund. Authorizes appropriations. Provides for survivors' annuities for survivors of Claims Court judges who retire under the system established by this Act. Entitles retired Claims Court judges who elect the retirement system under this Act to lump-sum credits under Federal provisions governing civil service compensation. Permits the judicial councils of two or more circuits, if authorized by the Judicial Conference of the United States, to establish a joint bankruptcy appellate panel to hear and determine specified appeals. Authorizes bankruptcy judges, upon the expiration of a term of office, to continue to perform such duties for a specified time period, with the approval of the judicial council of the circuit. Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to extend certain effective dates with respect to the application of amendments to judicial districts. Authorizes a bankruptcy administrator to raise, appear, and be heard on any issue in a bankruptcy case. Prohibits an administrator from filing a reorganization plan. Amends the Federal judicial code to require a district court judge or a magistrate to advise parties to civil actions that they are free to withhold consent to the exercise of the magistrate's jurisdiction without adverse consequences. Extends the time period during which a magistrate may continue to serve after the expiration of a term of office. Permits any party to assert a non-Federal claim, in any civil action of which the district courts have original jurisdiction, if: (1) the Federal claim in the original complaint is not insubstantial; and (2) the original Federal claim and the non-Federal claim arise out of the same transaction or occurrence. Authorizes the original plaintiff, if the original Federal claim is founded solely on diversity of citizenship, to assert a non-Federal claim only against the original defendant or against a party who has been brought into the action by a party other than the plaintiff, unless the action was removed from a State court. Permits the district court to exercise supplemental jurisdiction even if: (1) the non-Federal claim is asserted against a person who is not already a party to the civil action or such claim is the only claim asserted against a party to be brought into the action; or (2) the party asserting the non-Federal claim is an intervenor or an applicant for intervention. Requires the district court to determine whether the non-Federal claim should be dismissed or remanded. Sets forth conditions under which such claim may be dismissed or remanded. Requires the period of limitations for any non-Federal claim to be tolled while the claim is pending in Federal court and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period. Authorizes courts other than the Supreme Court to establish voluntary dispute resolution procedures. Requires the Director of the Federal Judicial Center to: (1) conduct, on a continuing basis, research on the alternative dispute resolution techniques adopted by U.S. district courts; and (2) publish analyses of the experience of such courts with the application of such techniques. Title II: Miscellaneous Provisions and Technical Amendments - Includes Watertown, New York, in the list of sites where court for the Northern District of New York shall be held. Requires the chief judge of each circuit to summon biennial (and permits him to summon annual) judicial conferences. (Current law requires the chief judge to summon annual conferences.) Removes the requirement for summoning the U.S. District Court for the District of the Canal Zone to such conferences. Requires the District Court of the Northern Mariana Islands to be summoned. Establishes service requirements for retirement for certain judges aged 62 to 64. Requires the chief judge of the Court of International Trade to be the judge of the court in regular active service who is senior in commission of those judges who: (1) are 64 years of age or under; (2) have served for one year or more as a judge of the court; and (3) have not served previously as chief judge. Sets forth alternative requirements if there is no judge meeting such qualifications. Sets the term of the chief judge at seven years. Prohibits any judge over age 70 from serving as chief judge unless no other judge is qualified to serve. Redesignates U.S. magistrates as assistant U.S. district judges. Authorizes magistrates to levy fines on individuals found in contempt of court. Sets forth eligibility requirements for judicial survivors' annuities in cases where the death of the judicial official was by assassination. Requires the Director of the Administrative Office of the U.S. Courts to determine whether the killing of a judicial official was an assassination, subject to review by the Judicial Conference of the United States. Applies annuity provisions to all judges assassinated on or after May 28, 1979. Sets forth provisions concerning retroactive application of annuity eligibility. Removes a provision which exempts U.S. Sentencing Commission officers and employees from civil service provisions governing conflicts of interest.

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Documents

6 official files

• Reported in House (text)

  Reported in House · EN

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• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Engrossed in House (text)

  Engrossed in House · EN

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• Passed House amended

  summary · EN · 27 September 1990

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• Introduced in House

  summary · EN · 26 July 1990

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