A bill to establish a United States Court of Appeals for the Federal Circuit, to establish a United States Claims Court, and for other purposes.
Federal Courts Improvement Act of 1981 - Title I: United States Court of Appeals for the Federal Circuit and United States Claims Court - Establishes the United States Court of Appeals for the Federal Circuit, composed of all Federal judicial districts and 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.
Grants the U.S. Court of Appeals for the Federal Circuit exclusive jurisdiction over: (1) patent, copyright, and trademark appeals from district courts (except cases involving copyrights or trademarks and no other issues, which shall continue to be appealed to the circuit courts); (2) appeals of claims against the Government (except cases under the Federal Tort Claims Act which shall continue to be appealed to the circuit courts); (3) appeals from the United States Claims Court; (4) certain other trademark and patent appeals not involving de novo review; (5) appeals from final decisions of the U.S. Court of International Trade; (6) appeals from final determinations of the U.S. International Trade Commission relating to unfair practices in import trade; (7) certain findings of the Secretary of Commerce relating to importation of instruments; (8) appeals under the Plant Variety Protection Act and from final orders of the Merit Systems Protection Board; and (9) appeals from final decisions of agency boards of contract appeals pursuant to the Contract Disputes Act of 1978.
Replaces the Court of Claims with the United States Claims Court, consisting of 16 judges serving 15-year terms. Abolishes the Court of Customs and Patent Appeals.
Title II: Governance and Administration of the Federal Courts - Sets forth rules governing the appointment and terms of the chief judges of the courts of appeals and the district courts. Provides that any such chief judge shall serve for a seven-year term and shall be the circuit or district judge in regular active service who is senior in commission of those judges who: (1) are under 64 years of age (currently 70); (2) have served for at least one year; and (3) have not served previously as chief judge.
Requires that a majority of the members of a circuit panel be judges of the circuit on which the panel sits.
Allows Federal judges: (1) who reach age 65 and 15 years service (continuous or otherwise); or (2) who reach age 70 and ten years service (continuous or otherwise), to resign from office at salary (the current requirement is age 70 with ten years continuous service).
Directs the Administrative Office of the United States Courts to pay the amount due as a deposit for civil service retirement purposes for a period of judicial service which immediately precedes government service.
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.
Requires publication of the rules for the conduct of the business of each court of appeals. Directs each court of appeals to appoint an advisory committee for the study of its rules of practice and internal operating procedures.
Title III: Jurisdiction and Procedure - 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 interest of justice.
Changes the basis for the interest rate on judgments in Federal courts from the rate allowed by State law to a national rate keyed to the prime interest rate as determined by the Internal Revenue Service. Authorizes the court to add to the sum of actual damages prejudgment interest, where such an award is appropriate to afford the prevailing party complete relief.
Title IV: Miscellaneous Provisions - Makes this Act effective on the later of October 1, 1981, or 60 days after enactment.
Introduced in Senate
Read second time and referred to Senate Committee on Judiciary.
Referred to Subcommittee on Courts.
Subcommittee on Courts. Hearings held.
Subcommittee on Courts. Hearings held.
Committee on Judiciary received executive comment from Merit Systems Protection Board.
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