A bill to amend title 28 of the United States Code to change the composition of the judicial councils, and to provide procedures within the judicial councils of each circuit for the processing of complaints and for the administration of disciplinary action, if necessary, with respect to the conduct of the Federal judiciary within that circuit.
Judicial Council Amendments and Discipline Act of 1979 - Sets forth rules governing the composition and duties of the judicial councils of the circuit courts. Provides that a council shall consist of: (1) the chief judge of the court of appeals for the circuit; (2) up to seven appellate court judges in active service (chosen by seniority by majority vote of all such judges); and (3) an equal number of district court judges of the circuit in active service (chosen by seniority).
Authorizes a council to hold hearings, and to compel the appearance of witnesses and the production of documents in the performance of its duties.
Allows any person to file with the chief judge of the circuit a complaint alleging that the conduct of a Federal judge impairs the effective, expeditious, and fair administration of the business of the courts or the just determination of litigation within the circuit.
Entitles the judge whose conduct is the subject of such a complaint to submit affidavits to the chief judge, who shall: (1) dismiss the complaint; (2) attempt to redress the matter through informal means; or (3) refer the complaint to the full judicial council for a hearing. Allows a complainant to request the council to review a dismissal decision, but stipulates that the council's decision is nonappealable.
Sets forth procedures for a hearing by the full council, including due process protections for the judge whose conduct is at issue. Authorizes the judicial council, by majority vote and clear and convincing evidence on the record to: (1) dismiss the complaint; (2) request the judge to retire voluntarily; (3) order the judge to be temporarily relieved of duties respecting pending and future cases; or (4) order the censure of such judge. Authorizes the judge affected to petition for writ of certiorari to the Supreme Court within ten days after notification of such order.
Introduced in Senate
Referred to Senate Committee on the Judiciary.
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