Judicial Tenure Act

Summary

Judicial Tenure Act - Establishes a seven-member Judicial Conduct and Disability Commission, consisting of six Federal judges and one layman, to receive complaints filed by any person with respect to the condition or conduct of Federal judges appointed to hold office during good behavior. Directs the Judicial Conference of the United States to appoint an executive director of the Commission. Requires all nonfrivolous complaints within the jurisdiction of the Commission to be investigated to determine the existence and nature of any grounds specified (1) in existing law for the involuntary retirement of a judge, or (2) in this Act for the removal or censure of a judge. Establishes the Court on Judicial Conduct and Disability, consisting of three members elected by the Judicial Conference, as a court of record with all appropriate judicial powers incident or necessary to hear matters concerning the involuntary retirement, removal, or censure of a Federal judge. Directs the Commission, or a panel acting on its behalf, by majority vote to: (1) dismiss any complaint which it finds to be frivolous, insufficient in law or fact, or outside its jurisdiction; or (2) recommend to the Court that a hearing be held upon a finding of sufficient cause to believe that the condition or conduct of the judge may be inconsistent with the good behavior standard. Authorizes the Court to decide the merits of a written complaint against a judge upon receipt of the Commission's report. Gives the Commission the burden of proving such report before the Court by clear and convincing evidence. Specifies due process protections for the judge who is the subject of such hearing. Authorizes the Court to suspend without hearing a judge who has pleaded guilty, nolo contendere, or has been found guilty of a felony or any crime involving moral turpitude under Federal or State law. Conditions such suspension in all other cases on the holding of a hearing as provided by this Act. Directs the Court, in each case brought before it, to order: (1) involuntary retirement; (2) removal from office; (3) censure; or (4) dismissal of the case. Allows the Commission or the judge affected to petition for writ of certiorari to the Supreme Court within ten days after notification of such order. Provides that removal or censure may be ordered by the Court upon a finding that the conduct of the judge has been inconsistent with the good behavior standard required by article III, section 1 of the Constitution. Specifies that such conduct includes, but is not limited: (1) willful misconduct in office; (2) willful and persistent failure to perform duties of the office; (3) habitual intemperance; and (4) other conduct prejudicial to the administration of justice and which brings the judicial office into disrepute.

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1 official file

• Introduced in House

  summary · EN · 15 January 1979

  Open at official source

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