II 

109TH CONGRESS 

2D SESSION S. 2202 

To provide for ethics reform of the Federal judiciary and to instill greater 

public confidence in the Federal courts. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2006 

Mr. LEAHY (for himself, Mr. KERRY, and Mr. FEINGOLD) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide for ethics reform of the Federal judiciary and 

to instill greater public confidence in the Federal courts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Judiciary Eth5 ics Reform Act of 2006’’. 

6 SEC. 2. JUDICIAL EDUCATION FUND. 

7 (a) ESTABLISHMENT.—Chapter 42 of title 28, 

8 United States Code, is amended by adding at the end the 

9 following: 
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1 ‘‘§ 630. Judicial Education Fund 

2 ‘‘(a) In this section, the term— 

3 ‘‘(1) ‘institution of higher education’ has the 

4 meaning given under section 101(a) of the Higher 

5 Education Act of 1965 (20 U.S.C. 1001(a)); 

6 ‘‘(2) ‘private judicial seminar’— 

7 ‘‘(A) means a seminar, symposia, panel 

8 discussion, course, or a similar event that pro9 vides continuing legal education to judges; and 

10 ‘‘(B) does not include— 

11 ‘‘(i) seminars that last 1 day or less 

12 and are conducted by, and on the campus 

13 of, an institute of higher education; 

14 ‘‘(ii) seminars that last 1 day or less 

15 and are conducted by national bar associa16 tions or State or local bar associations for 

17 the benefit of the bar association member18 ship; or 

19 ‘‘(iii) seminars of any length con20 ducted by, and on the campus of an insti21 tute of higher education or by national bar 

22 associations or State or local bar associa23 tions, where a judge is a presenter and at 

24 which judges constitute less than 25 per25 cent of the participants; 
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1 ‘‘(3) ‘national bar association’ means a national 

2 organization that is open to general membership to 

3 all members of the bar; and 

4 ‘‘(4) ‘State or local bar association’ means a 

5 State or local organization that is open to general 

6 membership to all members of the bar in the speci7 fied geographic region. 

8 ‘‘(b) There is established within the United States 

9 Treasury a fund to be known as the ‘Judicial Education 

10 Fund’ (in this section referred to as the ‘Fund’). 

11 ‘‘(c) Amounts in the Fund may be made available for 

12 the payment of necessary expenses, including reasonable 

13 expenditures for transportation, food, lodging, private ju14 dicial seminar fees and materials, incurred by a judge or 

15 justice in attending a private judicial seminar approved 

16 by the Board of the Federal Judicial Center. Necessary 

17 expenses shall not include expenditures for recreational ac18 tivities or entertainment other than that provided to all 

19 attendees as an integral part of the private judicial sem20 inar. Any payment from the Fund shall be approved by 

21 the Board. 

22 ‘‘(d) The Board may approve a private judicial sem23 inar after submission of information by the sponsor of that 

24 private judicial seminar that includes— 
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1 ‘‘(1) the content of the private judicial seminar 

2 (including a list of presenters, topics, and course 

3 materials); and 

4 ‘‘(2) the litigation activities of the sponsor and 

5 the presenters at the private judicial seminar (in6 cluding the litigation activities of the employer of 

7 each presenter) on the topic related to those ad8 dressed at the private judicial seminar. 

9 ‘‘(e) If the Board approves a private judicial seminar, 

10 the Board shall make the information submitted under 

11 subsection (d) relating to the private judicial seminar 

12 available to judges and the public by posting the informa13 tion on the Internet. 

14 ‘‘(f) The Judicial Conference shall promulgate guide15 lines to ensure that the Board only approves private judi16 cial seminars that are conducted in a manner so as to 

17 maintain the public’s confidence in an unbiased and fair18 minded judiciary. 

19 ‘‘(g) There are authorized to be appropriated for de20 posit in the Fund $2,000,000 for each of fiscal years 

21 2006, 2007, and 2008, to remain available until ex22 pended.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of sections for chapter 42 of title 28, United 
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1 States Code, is amended by adding at the end the fol2 lowing: 

‘‘630. Judicial Education Fund.’’. 

3 SEC. 3. PRIVATE JUDICIAL SEMINAR GIFTS PROHIBITED. 

4 (a) DEFINITIONS.—In this section, the term— 

5 (1) ‘‘institution of higher education’’ has the 

6 meaning given under section 101(a) of the Higher 

7 Education Act of 1965 (20 U.S.C. 1001(a)); 

8 (2) ‘‘private judicial seminar’’— 

9 (A) means a seminar, symposia, panel dis10 cussion, course, or a similar event that provides 

11 continuing legal education to judges; and 

12 (B) does not include— 

13 (i) seminars that last 1 day or less 

14 and are conducted by, and on the campus 

15 of, an institute of higher education; 

16 (ii) seminars that last 1 day or less 

17 and are conducted by national bar associa18 tions or State or local bar associations for 

19 the benefit of the bar association member20 ship; or 

21 (iii) seminars of any length conducted 

22 by, and on the campus of an institute of 

23 higher education or by national bar asso24 ciations or State or local bar associations, 

25 where a judge is a presenter and at which 
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1 judges constitute less than 25 percent of 

2 the participants; 

3 (3) ‘‘national bar association’’ means a national 

4 organization that is open to general membership to 

5 all members of the bar; and 

6 (4) ‘‘State or local bar association’’ means a 

7 State or local organization that is open to general 

8 membership to all members of the bar in the speci9 fied geographic region. 

10 (b) IN GENERAL.—Not later than 240 days after the 

11 date of enactment of this Act, the Judicial Conference of 

12 the United States shall promulgate regulations to apply 

13 section 7353(a) of title 5, United States Code, to prohibit 

14 the solicitation or acceptance of anything of value in con15 nection with a private judicial seminar. 

16 (c) EXCEPTION.—The prohibition under the regula17 tions promulgated under subsection (b) shall not apply 

18 if— 

19 (1) the judge participates in a private judicial 

20 seminar as a speaker, panel participant, or otherwise 

21 presents information; 

22 (2) Federal judges are not the primary audi23 ence at the private judicial seminar; and 

24 (3) the thing of value accepted is— 
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1 (A) reimbursement from the private judi2 cial seminar sponsor of reasonable transpor3 tation, food, or lodging expenses on any day on 

4 which the judge speaks, participates, or pre5 sents information, as applicable; 

6 (B) attendance at the private judicial sem7 inar on any day on which the judge speaks, par8 ticipates, or presents information, as applicable; 

9 or 

10 (C) anything excluded from the definition 

11 of a gift under regulations of the Judicial Con12 ference of the United States under sections 

13 7351 and 7353 of title 5, United States Code, 

14 as in effect on the date of enactment of this 

15 Act. 

16 SEC. 4. RECUSAL LISTS. 

17 Section 455 of title 28, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(g)(1) Each justice, judge, and magistrate of the 

20 United States shall maintain a list of all financial interests 

21 that would require disqualification under subsection 

22 (b)(4). 

23 ‘‘(2) Each list maintained under paragraph (1) shall 

24 be made available to the public at the office of the clerk 
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1 for the court at which a justice, judge, or magistrate is 

2 assigned.’’. 

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