I

105TH CONGRESS

1ST SESSION H. R. 702

To amend section 372 of title 28, United States Code, to provide that

proceedings on complaints filed with respect to conduct of a judge or

magistrate judge of a court be held by a circuit other than the circuit

within which the judge serves, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 12, 1997

Mr. BRYANT (for himself, Mr. BARR of Georgia, Mr. BONO, Mr. CANADY of

Florida, Mr. GOODLATTE, Mr. HOSTETTLER, Mr. MCCOLLUM, Mr.

SCHUMER, Mr. SENSENBRENNER, Mr. SMITH of Texas, and Mr. DUNCAN) introduced the following bill; which was referred to the Committee

on Judiciary

A BILL

To amend section 372 of title 28, United States Code, to

provide that proceedings on complaints filed with respect

to conduct of a judge or magistrate judge of a court

be held by a circuit other than the circuit within which

the judge serves, and for other purposes.

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 ‘‘Judicial Disciplinary

5 Proceedings Act of 1997’’.
2

•HR 702 IH

1 SEC. 2. PROCEEDINGS ON COMPLAINTS AGAINST JUDICIAL

2 CONDUCT.

3 Section 372(c) of title 28, United States Code, is

4 amended—

5 (1) in paragraph (1)—

6 (A) by inserting ‘‘(A)’’ after ‘‘(c)(1)’’; and

7 (B) by adding at the end the following: ‘‘In

8 the case of a complaint so identified, the chief

9 judge shall notify the clerk of the court of ap10 peals of the complaint, together with a brief

11 statement of the facts underlying the complaint.

12 ‘‘(B) Complaints filed under subparagraph (A) in one

13 judicial circuit will be referred to another judicial circuit

14 for proceedings under this subsection, in accordance with

15 a system established by rule by the Judicial Conference,

16 which prescribes the circuits to which the complaints will

17 be referred. The Judicial Conference shall establish and

18 submit to the Congress the system described in the preced19 ing sentence not later than 180 days after the date of the

20 enactment of this subparagraph.’’;

21 (2) in paragraph (2)—

22 (A) by amending the first sentence to read

23 as follows: ‘‘Upon receipt of a complaint filed or

24 notice of a complaint identified under para25 graph (1) of this subsection, the clerk shall

26 promptly transmit such complaint or (in the
3

•HR 702 IH

1 case of a complaint identified under paragraph

2 (1)) the statement of facts underlying the com3 plaint to the chief judge of the circuit assigned

4 to conduct proceedings on the complaint in ac5 cordance with the system established under

6 paragraph (1)(B) (hereafter in this subsection

7 referred to as the ‘chief judge’).’’; and

8 (B) in the second sentence by inserting ‘‘or

9 statement of facts underlying the complaint (as

10 the case may be)’’ after ‘‘copy of the com11 plaint’’;

12 (3) in paragraph (4)(A) by inserting ‘‘(to which

13 the complaint or statement of facts underlying the

14 complaint is referred)’’ after ‘‘the circuit’’;

15 (4) in paragraph (5)—

16 (A) in the first sentence by inserting ‘‘to

17 which the complaint or statement of facts un18 derlying the complaint is referred’’ after ‘‘the

19 circuit’’; and

20 (B) in the second sentence by striking ‘‘the

21 circuit’’ and inserting ‘‘that circuit’’;

22 (5) in the first sentence of paragraph (15) by

23 inserting before the period at the end the following:

24 ‘‘in which the complaint was filed or identified under

25 paragraph (1)’’; and
4

•HR 702 IH

1 (6) by amending paragraph (18) to read as fol2 lows:

3 ‘‘(18) The Judicial Conference shall prescribe rules,

4 consistent with the preceding provisions of this sub5 section—

6 ‘‘(A) establishing procedures for the filing of

7 complaints with respect to the conduct of any judge

8 of the United States Court of Federal Claims, the

9 Court of International Trade, or the Court of Ap10 peals for the Federal Circuit, and for the investiga11 tion and resolution of such complaints; and

12 ‘‘(B) establishing a system for referring com13 plaints filed with respect to the conduct of a judge

14 of any such court to any of the first eleven judicial

15 circuits or to another court for investigation and res16 olution.

17 The Judicial Conference shall establish and submit to the

18 Congress the system described in subparagraph (B) not

19 later than 180 days after the date of the enactment of

20 the Judicial Disciplinary Proceedings Act of 1997.’’.

21 SEC. 3. EFFECTIVE DATE.

22 The amendments made by this Act apply to com23 plaints filed on or after the 180th day after the date of

24 the enactment of this Act.

Æ