A bill to amend title 28 of the United States Code to improve judicial machinery by changing the requirement for a three-judge court in certain cases, to broaden and clarify the jurisdiction of U. S. magistrates, increase the compensation of Federal judges and magistrates, protect the employment right of Federal jurors, and for other purposes.

Summary

Repeals the Federal Rules of Procedure which require that injunctions against enforcement of Federal and State statutes upon the ground of unconstitionality be heard and determined by a three-judge district court. (Repeals 28 U.S.C. 2281, 2282) Provides that a district court of three judges shall be convened when an action is filed challenging the constitionality of the apportionment of congressional districts or the apportionment of any statewide legislative body or when an action is filed seeking an interlocutory or permanent injunction restraining the enforcement, operation or execution of any State or Federal statute or the execution of an order or regulation made by an administrative board or agency acting under color of State or Federal statute. Makes provisions for the composition and procedure of any three judge-court required to be convened under this Act. States that any action, suit, or proceeding in a court of the United States to which a State or any agency, officer, or employee thereof is not a party, wherein the constitutionality of any statute of that State affecting the public interest is drawn in question, the court shall certify such fact to the attorney general of the State, and shall permit the State to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality. (Amends 28 U.S.C. 2284, 2403) Permits a judge to designate a magistrate to hear and determine, subject to review, any pretrial matter pending before the court except motions which are dispositive of the litigation, the disposition of which the magistrate may recommend, but not order. States that a magistrate may be designated as a special master, and may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States. (Amends 28 U.S.C. 636(b)) Increases the annual rate of compensation of Federal judges and magistrates. Provides that circuit court judges will receive an annual salary of $51,000 and district court judges an annual salary of $48,000. Prohibits employers from discharging any employee by reason of such employee's jury service or attendance in any court of the United States. States that violations of this provision shall be subject to a civil penalty of up to $10,000 for each violation. (Adds 28 U.S.C. 1876)

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Documents

2 official files

• Reported to House with amendment(s)

  summary · EN · 30 July 1976

  Open at official source

• Introduced in House

  summary · EN · 17 April 1975

  Open at official source

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