Judicial Improvement Act of 1979

Summary

Judicial Improvement Act of 1979 - Title I: Terms of Chief Judges - Sets forth rules governing the appointment and terms of the chief judges of the courts of appeals and the district courts. Reduces from 70 to 65 years the maximum age for the chief judge of a circuit or district court, with specified exceptions. Title II: Appellate Panels - Makes certain revisions with respect to the composition of, and precedence on, appellate judicial panels. Title III: Judicial Councils - Specifies rules governing the membership of the councils of the circuit judges. Directs each court of appeals to: (1) appoint an advisory committee to study the rules and operating procedures of such court; and (2) publish such rules and procedures. Title IV: Pensions - 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. Title V: Transfer of Cases - 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 interests of justice. Title VI: Interest - 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 VII: United States Court of Appeals for the Federal Circuit - 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), and composed of all Federal judicial districts. 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 Court of Appeals for the Federal Circuit 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 International Trade Commission, the Secretary of Commerce, the Plant Variety Act, and the Merit Systems Protection Board. Gives the district courts original jurisdiction, concurrent with the United States Claims Court, 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. Sets forth United States Claims Court procedures.

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1 official file

• Introduced in Senate

  summary · EN · 15 March 1979

  Open at official source

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