An act to revise the composition of the judicial councils of the Federal judicial circuits, to establish a procedure for the processing of complaints against Federal judges, and for other purposes.

openUnited States· United States Congress· EN

Introduced

10 October 1979

Last action

15 October 1980 · Became law

Status

Public Law 96-458.

Summary

Judicial Conduct and Disability Act of 1979 - Allows any person to file with the judicial council of the circuit in which the judge serves a written complaint against a judge of a court of appeals, a district court, or a bankruptcy court or a magistrate, alleging that such judge is: (1) unable to discharge efficiently all his or her duties because of mental or physical disability; or (2) engaging in conduct inconsistent with the effective administration of the court's business. Allows the judicial council to file such a complaint with respect to judges within its circuit after investigation on its own motion. Directs the judicial council to take action on each complaint in an expeditious manner. Requires that the judge affected be given an opportunity to appear before the judicial council. Allows the council to: (1) dismiss a complaint; (2) certify disability in accordance with current procedures; (3) request the judge to voluntarily retire with the provision that current length of service requirements not apply; (4) order that no further cases be assigned to such judge for a temporary period; (5) censure or reprimand the judge by means of a private communication or public announcement; or (6) order other appropriate action, except removal. Allows the complainant or judge to petition the Court of Judicial Conduct and Disability (established by this Act) for review of any such action. Directs the Judicial Conference of the United States to promulgate rules and procedures for the judicial councils in discharging such duties, or authorize the judicial council of each circuit to promulgate its own rules. Allows the Judicial Conference to modify any rule promulgated. Authorizes the Administrative Office of the United States Courts and the Federal Judicial Center to provide assistance to the judicial councils in discharging their duties. Establishes as a court of record the Court of Judicial Conduct and Disability, consisting of five Federal judges in regular active service, including at least one district court judge, to be appointed by the Chief Justice. Requires that the Court grant a petition for review upon a concurrence of two of its members. Authorizes the Court to dismiss a complaint or affirm, modify, or reverse and remand to the judicial council for further proceedings any action. Allows the Court to conduct a de novo hearing when required in the interests of justice. Gives to the judge affected certain due process rights at any such de novo hearing. Authorizes the Court by majority vote to: (1) dismiss an action; (2) certify disability; (3) order that no further cases be assigned to such judge for a temporary period; (4) censure or reprimand the judge by means of public announcement; or (5) order other appropriate action, except removal. Disallows judicial review of any order or action of the Court. Allows any person to file a complaint with: (1) the Judicial Council of the District of Columbia Circuit with respect to the chief judge of the Court of Claims, the Court of Customs and Patent Appeals, or the Customs Court; or (2) the chief judge of the applicable court with respect to any judge of such court. Applies the procedures of this Act to such complaints. Directs the Court of Judicial Conduct and Disability to submit to the House of Representatives a record of all proceedings revealing conduct which would in its view constitute an impeachable offense under the Constitution. Directs the Committee on the Judiciary of the House of Representatives to give timely consideration to such record and accompanying materials and to make its best efforts to take action within 90 days. Stipulates that no person shall be granted the right to intervene or appear as amicus curiae in any proceeding under this Act. Provides for the confidentiality of materials and deliberations under this Act, with specified exceptions. Requires that the Director of the Administrative Office of the United States Courts include in its annual report filed with Congress a summary of the complaints filed pursuant to this Act.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

10 October 1979
Reported
Reported to Senate from the Committee on the Judiciary, S. Rept. 96-362.
Source: Committee
10 October 1979
Reported
Reported to Senate from the Committee on the Judiciary, S. Rept. 96-362.
Source: Committee
10 October 1979
Introduced
Introduced in Senate
Source: IntroReferral
30 October 1979
Floor
Measure called up by unanimous consent in Senate.
Source: Floor
30 October 1979
Vote
Passed/agreed to in Senate: Measure passed Senate, amended, roll call #379 (56-33).
Source: Floor
1 November 1979
Introduced
Referred to House Committee on the Judiciary.
Source: IntroReferral
15 September 1980
Passed
Measure passed House, amended, in lieu of H. R. 7974.
Source: Floor
15 September 1980
Passed
Passed/agreed to in House: Measure passed House, amended, in lieu of H. R. 7974.
Source: Floor
15 September 1980
Floor
Measure called up by unanimous consent in House.
Source: Floor
30 September 1980
Passed
Senate agreed to House amendments with an amendment.
Source: ResolvingDifferences
30 September 1980
Passed
Resolving differences -- Senate actions: Senate agreed to House amendments with an amendment.
Source: NotUsed
1 October 1980
Passed
House agreed to Senate amendments.
Source: ResolvingDifferences
1 October 1980
Passed
Resolving differences -- House actions: House agreed to Senate amendments.
Source: NotUsed
3 October 1980
President
Measure enrolled in House.
Source: President
6 October 1980
Floor
Measure presented to President.
Source: Floor
6 October 1980
President
Measure presented to President.
Source: President
6 October 1980
President
Measure enrolled in Senate.
Source: President
15 October 1980
President
Public Law 96-458.
Source: President
15 October 1980
President
Signed by President.
Source: President
15 October 1980
Became law
Signed by President.
Source: BecameLaw

Votes

· Official source

Yes 0 · No 0 · Abstain — · Absent/not voting 0

Versions

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Documents

5 official files

Public Law (PDF)

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Public Law (PDF)
Public Law · EN · 16 October 1980
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Senate agreed to House amendment with amendment
summary · EN · 30 September 1980
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Passed House amended
summary · EN · 15 September 1980
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Passed Senate amended
summary · EN · 30 October 1979
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Introduced in Senate
summary · EN · 10 October 1979
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