Judicial Improvements and Access to Justice Act

Summary

Court Reform and Access to Justice Act of 1988 - Title I: Rules Enabling Act - Amends the Federal judicial code with respect to the Supreme Court's power to prescribe Federal rules of civil procedure, including bankruptcy rules. Grants the Supreme Court power to prescribe rules of evidence. (Currently, the Supreme Court has the power to prescribe amendments to rules of evidence promulgated by the Congress.) Authorizes the Judicial Conference of the United States to appoint committees to recommend Federal rules of practice, procedure, and evidence. Directs the Judicial Conference to appoint a standing committee on rules of practice, procedure, and evidence to review all committee recommendations. Sets forth procedures for the consideration of proposed rules. Requires the Judicial Conference to: (1) compile rules and orders with regard to procedures dealing with judicial discipline; and (2) review procedural rules for consistency with Federal law. Requires each judicial council to review certain district court rules for consistency with rules prescribed by the Supreme Court. Authorizes each council to modify or abrogate any rule found to be inconsistent. Amends the Federal criminal code to rescind the power of the Supreme Court to prescribe rules of criminal practice and procedure for: (1) trials held by magistrates; and (2) appeals to district courts from magistrate-held trials. Title II: Arbitration - Amends the Federal Rules of Civil Procedure to empower specified U.S. district courts, on an experimental basis, to authorize the use of arbitration. Permits such courts to: (1) allow arbitration when the parties consent; and (2) require arbitration when the relief sought consists only of money damages of $100,000 or less. Disallows referrals to arbitration in actions based on an alleged violation of a right secured by the Constitution. Directs district courts to establish by local rule procedures for exempting cases from arbitration because of complex legal issues, or for other good cause. Grants arbitrators the power to: (1) conduct arbitration hearings; (2) administer oaths and affirmations; and (3) make awards. Provides that the arbitration award shall be filed with the clerk of the district court and entered as the judgment of the court after 30 days. States that such judgment shall not be subject to review in any court of appeal. Directs district courts to provide by local rule that the contents of any arbitration award shall not be made known to any judge who might be assigned to the case, except under specified circumstances. Allows any party, within 30 days after the filing of an arbitration award, to demand a trial de novo in the district court. Requires specified district courts to establish standards for the certification of arbitrators and to certify them. Empowers these courts to establish the amount of compensation that each arbitrator shall receive. Authorizes the Judicial Conference of the United States to develop model rules for arbitration procedures. Requires the Director of the Administrative Office of the U.S. Courts to include in the annual report on Administrative Office activities statistical information regarding the implementation of this Act. Directs the Federal Judicial Center to submit to the Congress: (1) a report on the implementation of this Act; (2) an analysis of issues relating to the satisfaction of litigants, especially women, low-income persons, and minority group members, who have participated in arbitration; and (3) a listing of the sex, age, and race of participating arbitrators. Authorizes appropriations. Sets forth certain requirements for the appeal of an arbitration order or decision. Repeals the arbitration authorization of this title five years after this Act's enactment. Title III: Federal Jurisdiction Reform - Subtitle A: Multiparty, Multiforum Jurisdiction - Grants Federal district courts original jurisdiction over civil actions arising out of any event that results in the death or injury of 25 or more persons, provided the amount in controversy exceeds $50,000 per person and diversity of citizenship exists. Sets forth requirements and procedures with regard to venue, the removal of actions, choice of law issues, and service of process. Subtitle B: Diversity Reforms - Increases from $10,000 to $50,000 the amount in controversy required as a basis for Federal district court jurisdiction. Eliminates district court jurisdiction based solely on diversity of citizenship in controversies between citizens of different States. Retains diversity jurisdiction in controversies between interpleader actions. Revises the definition of the term "actual damages" to exclude punitive damages and noneconomic damages (pain and suffering). Directs the Judicial Conference of the United States to report to the Congress on the effects of these changes. Amends diversity provisions to: (1) specify the status of representative parties; and (2) permit consideration of any multistate insurance corporation as a citizen of any State in which it does business (under current law, the relevant State is the one where the company has its principal place of business). Title IV: Federal Judicial Center - Amends Federal law to establish the Federal Judicial Center Foundation as a private nonprofit corporation to accept gifts of real and personal property and services made for the purpose of aiding or facilitating the work of the Federal Judicial Center. Authorizes the Federal Judicial Center to administer and use the gifts received by the Foundation. Requires gifts of money and proceeds from the sale of property received as gifts to be deposited in a separate fund in the Treasury. Requires the Foundation to submit annual reports to specified congressional committees with respect to gifts received. Grants the Federal Judicial Center authority to: (1) implement programs to collect, preserve, and make available materials relating to the history of the judicial branch of the Government; and (2) provide training for persons outside the judicial branch. Provides for the appointment of the Deputy Director of the Federal Judicial Center. Title V: Temporary Emergency Court of Appeals - Amends the Economic Stabilization Act of 1970 and the Natural Gas Policy Act of 1978 to transfer appeals under such Acts to the U.S. Court of Appeals for the Federal Circuit. Abolishes the Temporary Emergency Court of Appeals, effective September 30, 1989. Title VI: Jurisdiction of the Federal Circuit - Grants to the U.S. Court of Appeals for the Federal Circuit exclusive jurisdiction of appeals from district court interlocutory orders granting or denying a motion to transfer an action to the U.S. Claims Court to cure want of jurisdiction. Title VII: State Justice Institute Amendments - Amends the State Justice Institute Act of 1984 with respect to procedural matters. Authorizes appropriations. Title VIII: Court Interpreters Amendments - Court Interpreter Amendments Act of 1988 - Amends the Federal judicial code to instruct the Director of the Administrative Office of the U.S. Courts to establish a program for certifying interpreters, including those for hearing-impaired persons, based on the results of criterion-referenced performance examinations. Authorizes the use of noncertified, but otherwise qualified, interpreters only when no certified interpreter is reasonably available. Provides for periodic, rather than annual, reporting in controversies between the use and performance of interpreters. Subjects their fees to periodic review. Makes the clerk of the court responsible for securing interpreter services, except for Government witnesses, for whom interpreters are to be secured by the U.S. attorney. Amends provisions relating to the payment of interpreters. Title IX: Jury Selection and Service - Amends the Federal judicial code with respect to the temporary excuse of prospective jurors and jury selection procedures. Title X: Miscellaneous Provisions - Repeals divisional venue in civil cases. Permits a judge to retain an assignment upon divestment of the financial interest providing grounds for his or her disqualification. Doubles the amount permitted as a Claims Court filing fee. Directs the Judicial Conference of the United States to report to the Congress on the actual costs of filing actions in district courts. Revises various provisions of the Federal judicial code and other Federal law relating to procedural and administrative matters, including: (1) registration of foreign judgments; (2) judicial conferences of circuits; (3) court security; (4) corporate venue; (5) method for recording court proceedings; (6) removal of civil or criminal actions from State to district court; (7) incentive awards for Federal judicial branch employees; (8) waiver of claims for overpayment of judicial pay and allowances; (9) Administrative Office and circuit executive salaries; (10) cost-of-living adjustments for judicial survivors' annuities; (11) elimination of the requirement that a circuit executive be certified by the Board of Certification; and (12) the protection of mask works under U.S. copyright law.

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Documents

5 official files

• Public Law (PDF)

  Public Law · EN · 20 November 1988

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• Passed Senate amended

  summary · EN · 14 October 1988

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• Passed House amended

  summary · EN · 13 September 1988

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• Reported to House amended, Part I

  summary · EN · 26 August 1988

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• Introduced in House

  summary · EN · 14 June 1988

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