Federal Courts Improvement Act of 1979 - Title I: 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.
Specifies rules governing the membership of the councils of the circuit judges. Authorizes a council to hold hearings, and to compel the appearance of witnesses and the production of documents to perform its duties. Directs each court of appeals to: (1) appoint an advisory committee to study the rules and operating procedures of such courts; and (2) publish such rules and procedure.
Revises the current requirement that Federal judges be 70 years of age to retire from active service at salary to allow such judges to so retire when such individual's age plus period of judicial service equals 60 years. Retains the current ten year minimum service requirement.
Allows any person to file a written complaint against a district or circuit judge with judicial council of the circuit in which such judge serves, requesting the issuance of a certificate of dismissal as provided by this Act or alleging a violation of the good behavior standard of the United States Constitution.
Authorizes the Council, upon a finding that the judge's conduct warrants such action, to: (1) request the judge to voluntarily retire; (2) certify disability; (3) recommend that, temporarily, no further cases be assigned to the judge; (4) privately or publicly censure or reprimand the judge; or (5) recommend to the Judicial Conference of the United States that impeachment is warranted.
Directs the Judicial Conference to review any such decision at the request of the judge subject to the action, and to: (1) dismiss the action; (2) recommend impeachment to the House of Representatives; (3) affirm or modify the recommendation; or (4) remand to the Council for further action.
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.
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 interests 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 - 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, assignments, expenses, and removal from office of such judges, and the administration of such court.
Abolishes the Court of Customs and Patent 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, which 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.
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, an Act of Congress, or an administrative regulation, except such Acts or regulations providing for internal revenue. Sets forth United States Claims Court procedures.
Title IV: 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 Appeal - Makes technical and conforming amendments.
Title VI: Effective Date - Applies this Act to cases commenced on or after its effective date, which shall be 90 days after enactment.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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