Federal Courts Improvement Act of 1998

TABLE OF CONTENTS:

Title I: Judicial Financial Administration

Title II: Judicial Process Improvements

Title III: Judiciary Personnel Administration, Benefits, and

Protections

Title IV: Criminal Justice Act Amendments

Federal Courts Improvement Act of 1998 - Title I: Judicial Financial Administration - Provides for the annual transfer of specified sums, subject to specified limitations, from the Department of Justice Assets Forfeiture Fund and the Department of the Treasury Forfeiture Fund to the judiciary into the special Treasury fund available to offset funds appropriated for the operation and maintenance of the U.S. courts for expenses incurred in: (1) adjudication of civil and criminal forfeiture proceedings; (2) representation of offenders whose assets have been seized in such proceedings; and (3) supervision by U.S. probation officers of offenders under home detention or other forms of confinement outside of Bureau of Prisons' facilities.

(Sec. 102) Provides for the transfer to such special fund of the accrued employer contributions and accrued interest on those contributions made on behalf of a bankruptcy judge or a magistrate to the Civil Service Retirement and Disability Fund upon election by such judge or magistrate of an annuity under the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988.

(Sec. 103) Amends provisions regarding the Judiciary Information Technology Fund to repeal provisions subjecting information technology procurement to provisions of the Clinger-Cohen Act of 1996 applicable to executive agencies.

(Sec. 104) Authorizes the Judicial Conference of the United States to require the debtor in a chapter 11 bankruptcy case in a district that is not part of a United States trustee region to pay fees equal to those imposed in districts that are part of such a region.

(Sec. 105) Requires, for FY 1999 and thereafter, any portion of miscellaneous fees collected by the Judicial Conference from Federal courts of appeals, district courts, bankruptcy courts, the Court of Federal Claims, and the Judicial Panel of Multi-district Litigation, that exceeds the amount of such fees established on the date of enactment of this section, to be deposited into the special fund.

Title II: Judicial Process Improvements - Provides authority for the appointment of magistrate judges in the district courts of Guam and the Northern Mariana Islands.

(Sec. 202) Amends the Federal Magistrates Act to grant U.S. magistrate judges the power to exercise contempt authority within his or her territorial jurisdiction, including summary criminal contempt authority and criminal and civil contempt authority in civil consent and misdemeanor cases.

(Sec. 203) Amends the Federal criminal and judicial codes to remove certain limitations on the authority of magistrate judges to try petty offense cases

(Sec. 205) Authorizes the holding of court in the Eastern District of Texas at Plano, and the holding of court for the Texarkana Division anywhere within the Federal courthouse in Texarkana that is located astride the Texas-Arkansas State line.

(Sec. 206) Reauthorizes appropriations under the Contract Services for Drug Dependent Federal Offenders Treatment Act of 1978.

(Sec. 207) Authorizes judges retired from regular active service to serve as members of the judicial council of the circuit.

(Sec. 208) Provides for the sunset of provisions requiring a civil justice expense and delay reduction plan.

(Sec. 209) Repeals a U.S. Court of Federal claims fee for the filing of any petition.

Title III: Judicial Personnel Administration, Benefits, and Protections - Amends the judicial code to provide that: (1) any judge of the District Courts of Guam, the Northern Mariana Islands, or the Virgin Islands who has served at least five years and who retires or is removed upon the sole ground of mental or physical disability shall be entitled to receive during the remainder of such judge's life an annuity equal to 40 percent of the salary received when the judge left office, with an exception; and (2) any such retired judge entitled to receive an annuity shall be entitled to a specified cost-of-living adjustment not to exceed the salary (currently, 95 percent of the salary) of a judge in regular active service with the court on which the retired judge served before retiring.

(Sec. 302) Authorizes the Director of the Federal Judicial Center to fix the compensation of four positions of the Federal Judicial Center at a level not to exceed the annual rate of basic pay in effect for level IV of the executive schedule.

(Sec. 303) Includes within the definition of "service," for purposes of retirement provisions applicable to the Directors of the Administrative Office of the United States Courts and the Federal Judicial Center and the Administrative Assistant to the Chief Justice, service as a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a House or Senate committee or subcommittee.

(Sec. 304) Authorizes a judicial officer of the United States to carry a firearm, whether concealed or not, under regulations promulgated by the Judicial Conference.

(Sec. 305) Repeals an exemption from jury service for fire or police personnel and for public officers who are actively engaged in the performance of official duties.

(Sec. 306) Specifies that, for purposes of worker's compensation coverage, performance of duty as a juror includes that time when a juror is traveling to or from the courthouse pursuant to a jury summons or sequestration order, or as otherwise necessitated by court order.

(Sec. 307) Authorizes the Director to pay a claim by a person summoned to serve or serving as a grand or petit juror for loss of, or damage to, personal property that occurs incident to that person's performance of duties in response to the summons or at the direction of a court officer.

(Sec. 308) Makes provisions regarding annual leave limits for individuals serving in the Senior Executive Service applicable to any person serving in a position in the judicial branch designated as a court unit executive position by the Judicial Conference.

(Sec. 309) Transfers Schuylkill County from the Eastern to the Middle District of Pennsylvania.

(Sec. 310) Creates two divisions, the New Orleans and Houma divisions, in the Eastern District of Louisiana.

(Sec. 311) Directs the President to appoint: (1) three additional district judges for the middle district, and two additional district judges for the southern district, of Florida; and (2) one additional temporary district judge for the middle district of Florida. Authorizes appropriations.

(Sec. 312) Transfers Dyer County from the western division to the eastern division of the Western District of Tennessee.

(Sec. 313) Permits continued payment from retired or retainer pay into a military survivors' benefits plan with respect to a regular, reserve, or former member of a uniformed service receiving such pay who becomes employed as a U.S. justice or judge.

(Sec. 314) Authorizes the Director of the Administrative Office of the United States Courts to designate judicial branch officers and employees to be disbursing officers and certifying officers. Lists rights and responsibilities of such officers.

(Sec. 315) Authorizes the Judicial Conference to prescribe fees for use of information technology resources provided by the judiciary for remote access to the courthouse by litigants and the public and to facilitate the electronic presentation of cases.

Title IV: Criminal Justice Act Amendments - Amends the Criminal Justice Act to increase the maximum amounts of compensation permitted for attorneys and for services other than counsel.

Provides that, for representation of: (1) a petitioner in a non-capital habeas corpus proceeding, the compensation for each attorney shall not exceed the amount applicable to a felony for representation of a defendant before a U.S. magistrate, the district court, or both; and (2) such petitioner in an appellate court, the compensation for each attorney shall not exceed the amount applicable for representation of a defendant in an appellate court.

(Sec. 403) Exempts Federal public defenders from the Tort Claims Act for claims related to representational services.