Judicial Administration and Technical Amendments Act of 2008

Bill: 110-s-3569
Sponsor: Sen. Schumer, Charles E. [D-NY]
Introduced: 2008-09-24 in the Senate
Policy area: Law
Subjects: Administration of justice
Appellate courts
Bankruptcy courts
Community service (Punishment)
Conferences
Crime and Law Enforcement
District courts
Economics and Public Finance
Employee rights
Employers' liability
Fees
Finance and Financial Sector
Fines (Penalties)
Government Operations and Politics
Government service contracts
Investment of public funds
Juries
Labor and Employment
Legal fees
Magistrates
Minnesota
Parole
Pretrial procedure
Probation
Sentences (Criminal procedure)
Tennessee
U.S. Sentencing Commission

Summary:
action_date: 2008-09-24
text: 
Judicial Administration and Technical Amendments Act of 2008 - Amends the federal judicial code with respect to: (1) the composition of the divisions of the Western District of Tennessee judicial district; (2) the supplemental attendance fee for petit jurors serving on lengthy trials; (3) the authority of district courts as to a jury summons; (4) public drawing specifications for jury wheels; (5) the assessment of court technology costs; (6) investment of court registry funds; (7) magistrate judge participation at circuit conferences; (8) judge members of the U.S. Sentencing Commission; (9) the place of holding court for the District of Minnesota judicial district; and (10) the penalty for employers who retaliate against employees serving on jury duty.
 
Repeals obsolete provisions of the bankruptcy code relating to certain dollar amounts.
 
 Amends the federal criminal code with respect to: (1) the selection of chief pretrial services officers; (2) attorney case compensation maximum amounts; (3) expanded delegation authority for reviewing certain vouchers in excess of case compensation maximums; (4) conditions of probation and supervised release; (5) contracting for services for pretrial defendants and post-conviction supervision offenders; and (6) the penalty for failure to appear for a jury summons.

action_date: 2008-09-27
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Judicial Administration and Technical Amendments Act of 2008 - (Sec. 2) Amends the federal judicial code to: (1) move Dyer County from the Western Division to the Eastern Division of the Western Judicial District of Tennessee; and (2) make Dyersburg a site where the Court for the Eastern Division shall be held.
 
(Sec. 3) Reduces from 30 days to 10 days the minimum length of time a petit juror must serve on a trial before the court may pay a supplemental attendance fee.
 
(Sec. 4) Changes from a requirement to discretionary the authority of the district court to order any person summoned for jury service who fails to appear as directed to appear forthwith and show cause for failure to comply with the summons.
 
(Sec. 5) Requires the clerk or jury commission to post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn from the master jury wheel.
 
(Sec. 6) Revises the items for which a judge or clerk of any court of the United States may tax as costs to specify: (1) printed or electronically recorded transcripts (currently, stenographic transcripts); and (2) copies of any materials (currently, papers) where the copies are necessarily obtained for use in the case.
 
(Sec. 7) Repeals obsolete provisions in the bankruptcy code relating to certain dollar amounts.
 
(Sec. 8) Authorizes the Director of the Administrative Office of the United States Courts, or a designated clerk of court, to request the Secretary of the Treasury to invest court registry funds in interest-bearing public debt securities.
 
(Sec. 9) Authorizes magistrate judge participation at circuit conferences.
 
(Sec. 10) Amends the federal criminal code to repeal the requirement that a chief pretrial services officer be selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate judge of the district or their designees. Requires, instead, that the chief pretrial services officer be appointed by the district court. 
 
(Sec. 11) Requires indexing, according to a specified formula, of the maximum amount of compensation payable to attorneys for representing defendants.
 
(Sec. 12) Expands delegation authority for reviewing and approving Criminal Justice Act vouchers in excess of case compensation maximums for: (1) representation of defendants; (2) services other than counsel; or (3) service as counsel for financially unable defendants. Authorizes the chief judge of the circuit to delegate such approval authority to a senior circuit judge (as well as to an active circuit court judge, as under current law).
 
(Sec. 13) Repeals obsolete cross-references to the Narcotic Addict Rehabilitation Act in speedy trial requirements.
 
(Sec. 14) Makes technical and conforming amendments to the federal criminal code with respect to conditions of probation and supervised release after imprisonment.
 
(Sec. 15) Includes among pretrial services functions contracting with any appropriate public or private agency or person, or expending funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required.
 
(Sec. 16) Amends the federal judicial code to require at least (currently, not more than) three members of the United States Sentencing Commission to be federal judges. Thus allows more than three members of the Commission to be federal judges.)
 
(Sec. 17) Increases from $100 to $1,000 the monetary penalty for failure to appear for a jury summons. Authorizes the court to order community service as a penalty as well.
 
(Sec. 18) Requires court for the Sixth Division of the Minnesota Judicial District to be held at Bemidji (as well as at Fergus Falls, as under current law).
 
(Sec. 19) Increases from $1,000 to $5,000 the monetary penalty for employers who retaliate against employees serving on jury duty. Authorizes the court to order community service as a penalty as well.

action_date: 2008-09-27
text: 

(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.)

 
Judicial Administration and Technical Amendments Act of 2008 - (Sec. 2) Amends the federal judicial code to: (1) move Dyer County from the Western Division to the Eastern Division of the Western Judicial District of Tennessee; and (2) make Dyersburg a site where the Court for the Eastern Division shall be held.
 
(Sec. 3) Reduces from 30 days to 10 days the minimum length of time a petit juror must serve on a trial before the court may pay a supplemental attendance fee.
 
(Sec. 4) Changes from a requirement to discretionary the authority of the district court to order any person summoned for jury service who fails to appear as directed to appear forthwith and show cause for failure to comply with the summons.
 
(Sec. 5) Requires the clerk or jury commission to post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn from the master jury wheel.
 
(Sec. 6) Revises the items for which a judge or clerk of any court of the United States may tax as costs to specify: (1) printed or electronically recorded transcripts (currently, stenographic transcripts); and (2) copies of any materials (currently, papers) where the copies are necessarily obtained for use in the case.
 
(Sec. 7) Repeals obsolete provisions in the bankruptcy code relating to certain dollar amounts.
 
(Sec. 8) Authorizes the Director of the Administrative Office of the United States Courts, or a designated clerk of court, to request the Secretary of the Treasury to invest court registry funds in interest-bearing public debt securities.
 
(Sec. 9) Authorizes magistrate judge participation at circuit conferences.
 
(Sec. 10) Amends the federal criminal code to repeal the requirement that a chief pretrial services officer be selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate judge of the district or their designees. Requires, instead, that the chief pretrial services officer be appointed by the district court. 
 
(Sec. 11) Requires indexing, according to a specified formula, of the maximum amount of compensation payable to attorneys for representing defendants.
 
(Sec. 12) Expands delegation authority for reviewing and approving Criminal Justice Act vouchers in excess of case compensation maximums for: (1) representation of defendants; (2) services other than counsel; or (3) service as counsel for financially unable defendants. Authorizes the chief judge of the circuit to delegate such approval authority to a senior circuit judge (as well as to an active circuit court judge, as under current law).
 
(Sec. 13) Repeals obsolete cross-references to the Narcotic Addict Rehabilitation Act in speedy trial requirements.
 
(Sec. 14) Makes technical and conforming amendments to the federal criminal code with respect to conditions of probation and supervised release after imprisonment.
 
(Sec. 15) Includes among pretrial services functions contracting with any appropriate public or private agency or person, or expending funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required.
 
(Sec. 16) Amends the federal judicial code to require at least (currently, not more than) three members of the United States Sentencing Commission to be federal judges. Thus allows more than three members of the Commission to be federal judges.)
 
(Sec. 17) Increases from $100 to $1,000 the monetary penalty for failure to appear for a jury summons. Authorizes the court to order community service as a penalty as well.
 
(Sec. 18) Requires court for the Sixth Division of the Minnesota Judicial District to be held at Bemidji (as well as at Fergus Falls, as under current law).
 
(Sec. 19) Increases from $1,000 to $5,000 the monetary penalty for employers who retaliate against employees serving on jury duty. Authorizes the court to order community service as a penalty as well.

action_date: 2008-10-13
text: 

(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.)

 
Judicial Administration and Technical Amendments Act of 2008 - (Sec. 2) Amends the federal judicial code to: (1) move Dyer County from the Western Division to the Eastern Division of the Western Judicial District of Tennessee; and (2) make Dyersburg a site where the Court for the Eastern Division shall be held.
 
(Sec. 3) Reduces from 30 days to 10 days the minimum length of time a petit juror must serve on a trial before the court may pay a supplemental attendance fee.
 
(Sec. 4) Changes from a requirement to discretionary the authority of the district court to order any person summoned for jury service who fails to appear as directed to appear forthwith and show cause for failure to comply with the summons.
 
(Sec. 5) Requires the clerk or jury commission to post a general notice for public review in the clerk's office and on the court's website explaining the process by which names are periodically and randomly drawn from the master jury wheel.
 
(Sec. 6) Revises the items for which a judge or clerk of any court of the United States may tax as costs to specify: (1) printed or electronically recorded transcripts (currently, stenographic transcripts); and (2) copies of any materials (currently, papers) where the copies are necessarily obtained for use in the case.
 
(Sec. 7) Repeals obsolete provisions in the bankruptcy code relating to certain dollar amounts.
 
(Sec. 8) Authorizes the Director of the Administrative Office of the United States Courts, or a designated clerk of court, to request the Secretary of the Treasury to invest court registry funds in interest-bearing public debt securities.
 
(Sec. 9) Authorizes magistrate judge participation at circuit conferences.
 
(Sec. 10) Amends the federal criminal code to repeal the requirement that a chief pretrial services officer be selected by a panel consisting of the chief judge of the circuit, the chief judge of the district, and a magistrate judge of the district or their designees. Requires, instead, that the chief pretrial services officer be appointed by the district court. 
 
(Sec. 11) Requires indexing, according to a specified formula, of the maximum amount of compensation payable to attorneys for representing defendants.
 
(Sec. 12) Expands delegation authority for reviewing and approving Criminal Justice Act vouchers in excess of case compensation maximums for: (1) representation of defendants; (2) services other than counsel; or (3) service as counsel for financially unable defendants. Authorizes the chief judge of the circuit to delegate such approval authority to a senior circuit judge (as well as to an active circuit court judge, as under current law).
 
(Sec. 13) Repeals obsolete cross-references to the Narcotic Addict Rehabilitation Act in speedy trial requirements.
 
(Sec. 14) Makes technical and conforming amendments to the federal criminal code with respect to conditions of probation and supervised release after imprisonment.
 
(Sec. 15) Includes among pretrial services functions contracting with any appropriate public or private agency or person, or expending funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, including equipment and emergency housing, corrective and preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that such persons appear in court as required.
 
(Sec. 16) Amends the federal judicial code to require at least (currently, not more than) three members of the United States Sentencing Commission to be federal judges. Thus allows more than three members of the Commission to be federal judges.)
 
(Sec. 17) Increases from $100 to $1,000 the monetary penalty for failure to appear for a jury summons. Authorizes the court to order community service as a penalty as well.
 
(Sec. 18) Requires court for the Sixth Division of the Minnesota Judicial District to be held at Bemidji (as well as at Fergus Falls, as under current law).
 
(Sec. 19) Increases from $1,000 to $5,000 the monetary penalty for employers who retaliate against employees serving on jury duty. Authorizes the court to order community service as a penalty as well.


Legislative actions:
action_date: 2008-10-13
text: Became Public Law No: 110-406.
action_date: 2008-10-13
text: Became Public Law No: 110-406.
action_date: 2008-10-13
text: Signed by President.
action_date: 2008-10-13
text: Signed by President.
action_date: 2008-10-02
text: Presented to President.
action_date: 2008-10-02
text: Presented to President.
action_date: 2008-09-27
text: Cleared for White House.
action_date: 2008-09-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-27
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H10270-10271)
action_date: 2008-09-27
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H10270-10271)
action_date: 2008-09-27
text: DEBATE - The House proceeded with forty minutes of debate on S. 3569.
action_date: 2008-09-27
text: Considered under suspension of the rules. (consideration: CR H10270-10272)
action_date: 2008-09-27
text: Ms. Lofgren, Zoe moved to suspend the rules and pass the bill.
action_date: 2008-09-27
text: Held at the desk.
action_date: 2008-09-27
text: Message on Senate action sent to the House.
action_date: 2008-09-27
text: Received in the House.
action_date: 2008-09-27
text: Passed Senate without amendment by Unanimous Consent. (text: CR S9898-9899)
action_date: 2008-09-27
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S9898-9899)
action_date: 2008-09-27
text: Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S9897-9899)
action_date: 2008-09-27
text: Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S9897-9899)
action_date: 2008-09-24
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2008-09-24
text: Introduced in Senate

Enacted as: number: 110-406