Judicial Conduct and Disability Act of 1979

Summary

Federal Courts Improvement Act of 1979 - Title I: Governance and Administration of the Federal Courts - Sets forth rules governing the appointment and terms of the chief judges of the courts of appeals and the district courts. Provides that any such chief judge shall serve for a seven-year term and shall be the circuit or district judge in regular active service who is senior in commission of those judges who: (1) are under 65 years of age (currently 70); (2) have served for at least one year; and (3) have not served previously as chief judge. Requires that a majority of the members of a circuit panel be judges of the circuit on which the panel sits. Specifies rules governing the membership of the councils of the circuit judges. Authorizes a council to hold hearings, to take sworn testimony, and to issue subpoenas to perform its functions. Allows Federal judges: (1) who reach age 65 and 15 years service (continuous or otherwise); or (2) who reach age 70 and ten years service (continuous or otherwise), to retire or resign at salary (the current requirement is age 70 with ten years continuous service). Directs the Administrative Office of the United States Courts to pay the amount due as a deposit for civil service retirement purposes for a period of judicial service which immediately precedes government service. Authorizes any retired justice or any Federal judge in active, senior, or retired status to be temporarily assigned to the position of Administrative Assistant to the Chief Justice, Director of the Administrative Office of the United States Courts, or Director of the Federal Judicial Center, and to resume active service after vacating such office. Requires publication of the rules for the conduct of the business of each court of appeals. Directs each court of appeals to appoint an advisory committee for the study of its rules of practice and internal operating procedures. Title II: Jurisdiction and Procedure - Authorizes a Court of Appeals to permit an interlocutory appeal from a district court decision (that is, a decision which is not final), after the district judge refuses to recommend such appeal as provided for in current law, where the Court of Appeals determines that the appeal is required in the interests of justice and because of the extraordinary importance of the case. Directs a Federal court to transfer any action with respect to which it finds a want of jurisdiction to any other appropriate Federal court, if it is in the interest of justice. Revises the interest rate allowed on money judgments in district courts, and authorizes the court to add to the sum of actual damages prejudgment interest. Title III: Appellate Structure for Patent, Trademark, Customs, and Trade Appeals - Establishes the United States Court of Appeals for the Federal Circuit, consisting of 12 judges (who shall be the judges of the Court of Claims and the Court of Customs and Patent Appeals on the effective date of this Act), composed of all Federal judicial districts, and having exclusive jurisdiction over: (1) patent, trademark, and unfair competition appeals from district courts; (2) claims against the United States, with specified exceptions; (3) appeals from the United States Claims Court; (4) other specified patent and trademark appeals; (5) appeals from final judgments of the United States Customs Court and interlocutory appeals under certain circumstances; and (6) certain other appeals with respect to the Federal Aviation Act, the International Trade Commission, the Secretary of Commerce, the Plant Variety Act, and the Merit Systems Protection Board. Replaces the Court of Claims with the United States Claims Court, consisting of 16 judges serving 15-year terms. Sets forth rules governing the salaries, terms, assignment, expenses, and removal from office of such judges, and the administration of such court. Abolishes the Court of Customs and Patent Appeals. Gives the district courts original jurisdiction of Federal civil tax actions and certain other claims against the United States. Specifies the jurisdiction of the United States Claims Court, including any claim against the United States founded upon the Constitution, Act of Congress, or administrative regulation, except such Acts or regulations providing for internal revenue. Sets forth United States Claims Court procedures. Title IV: Tax Appellate Structure - Establishes the United States Court of Tax Appeals, consisting of 12 judges (who shall be designated by the Chief Justice from the circuit courts of appeals), composed of all Federal judicial circuits, and having exclusive jurisdiction over all Federal civil tax appeals. Title V: Technical and Conforming Amendments Outside of Title 28 Relating to the United States Court of Appeals for the Federal Circuit and the United States Court of Tax Appeals - Makes technical and conforming amendments. Title VI: Effective Date - Makes the provisions of this Act effective two years after the date of enactment, with specified exceptions.

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Documents

3 official files

• Passed Senate amended

  summary · EN · 30 October 1979

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 3 August 1979

  Open at official source

• Introduced in Senate

  summary · EN · 10 July 1979

  Open at official source

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