Sec. 8. Accountability for judicial misconduct
1,348 words·~6 min read·
/bill/117/s/2553/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 358 of title 28, United States Code, is amended— by striking subsection
(a)and inserting the following: Each judicial council and the Judicial Conference shall prescribe rules for the conduct of proceedings under this chapter, including the processing of petitions for review that— ensure the independence, integrity, impartiality, and competence of proceedings under this chapter; ensure the greatest possible public confidence in proceedings under this chapter and maintain public confidence in the Federal judiciary; reflect that the judicial office is a position of public trust; and effectuate sections 453 and the provisions of the Judiciary Accountability Act of 2021 . ; in subsection (b)— in paragraph (2), by striking and at the end; in paragraph (3)— by inserting (with the right to be accompanied by counsel) after appear ; and by striking the period at the end and inserting ; and ; and by adding the following at the end: providing that workplace misconduct (as defined in the Judiciary Accountability Act of 2021 ) constitutes a violation of this chapter, including conduct prohibited under sections 964 and 965 of this title. ; in subsection (c), in the first sentence— by striking notice and an opportunity and inserting notice, and an opportunity ; and by striking the period at the end and inserting , and written explanation in the Federal Register. ; and by adding at the end the following: Not later than 180 days before the date on which a rule prescribed under this section is to become effective, the Chief Justice of the United States, or, if applicable, the presiding officer of the judicial council, shall transmit to the Congress a copy of the proposed rule. The rule shall take effect unless otherwise provided by law. . Section 351 of title 28, United States Code, is amended— in subsection (b), by adding at the end the following: For purposes of this chapter, a complaint identified under this subsection shall be treated in the same manner as a complaint filed under subsection (a). ; by redesignating subsection
(d)as subsection (f); and by inserting after subsection
(c)the following: In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the Judicial Conference, the Judicial Conference may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint. Upon identifying a complaint under this paragraph, the Judicial Conference shall refer the complaint in accordance with the transmittal procedures described in subsection (c). A complaint described in subsection
(a)made by a current or former covered employee (as such term is defined in the Judiciary Accountability Act of 2021 ) may be filed with the Judicial Conference. Upon receipt of a complaint filed under this subsection, the Judicial Conference shall transmit the complaint in accordance with subsection (c). . Subsection (f)(1) of section 351 of title 28, United States Code, as so redesignated by subsection
(b)of this section, is amended by striking a circuit judge and all that follows and inserting a judge described in chapter 17 of this title or an individual who was such a judge during the conduct described in the complaint. . Chapter 16 of title 28, United States Code, is amended— in section 352, by adding at the end the following: The resignation, retirement from office under chapter 17, or death of a judge who is the subject of a complaint under section 351 shall not be grounds for— the dismissal of the complaint under subsection (b)(1); or the conclusion that the complaint is no longer necessary under subsection (b)(2). ; and in section 353, by adding at the end the following: The special committee shall complete its investigation and file a report under subsection
(c)without regard for the resignation, retirement from office under chapter 17, or death of the judge whose conduct is the subject of the complaint. . Section 354(a)(2)(A) of title 28, United States Code, is amended— in clause (i)— by inserting or subject to the completion of any corrective measures recommended by the judicial council after on a temporary basis for a time certain ; and by inserting , or that any current cases assigned to the judge be reassigned before the semicolon at the end; in clause (ii), by striking and at the end; in clause (iii), by striking the period at the end and inserting ; and ; and by adding at the end the following: in the case of a complaint based on workplace misconduct, ordering such action as the judicial council determines appropriate to protect employees from the workplace misconduct. . Chapter 16 of title 28, United States Code, is amended— in section 353(a), by striking paragraph
(1)and inserting the following: appoint to a special committee to investigate the facts and allegations contained in the complaint— himself or herself; and selected at random— equal numbers of circuit judges and district judges from other circuits; and members of the Commission on Judicial Integrity; ; and in section 354, by adding at the end the following: For purposes of this section, the judicial council of a circuit— shall not include any member of the special committee described in section 353; and shall include at least 1 randomly selected member of the Commission on Judicial Integrity. . Section 355 of title 28, United States Code, is amended by adding at the end the following: If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that taking an action as described in paragraph (1)(C) and
(2)of section 354(a) is appropriate, the Judicial Conference shall submit the determination and the record of the proceedings to Congress. . Section 360 of title 28, United States Code, is amended— in subsection (a), in the matter preceding paragraph (1), by inserting and subsections
(c)and
(d)of this section after section 355 ; and by adding at the end the following: Not later than 30 days after a complaint is filed by an employee or former employee or identified under section 351, the clerk of a court of appeals shall notify the Judicial Conference of such complaint. Each special committee appointed under section 353 shall submit the report filed with the judicial council of the circuit under subsection
(c)of that section to the Judicial Conference. To the extent practicable, a notification and report under this paragraph shall not include any personally identifying information except for the identity of the judge whose conduct is the subject of the complaint. The identity of the judge may be redacted only with the consent of the complainant. On a biannual basis, the Judicial Conference shall submit to Congress a report, signed by every member of the Executive Committee, that includes, with respect to complaints under this chapter for each judicial circuit during the previous 180-day period, the following information: The number, type, and disposition of such complaints. A description of actions taken under paragraph (1)(C) and
(2)of section 354(a). A description of voluntary remedial or corrective actions taken by judges subject to such complaints. Recommendations for policies, practices, and procedures related to such complaints. Reports submitted under this paragraph may not contain the personally identifying information of a complainant or judge. Nothing in this chapter shall be construed to prevent a complainant or victim of judicial misconduct from disclosing any information related to the complaint. . Section 361 of title 28, United States Code, is amended— by striking Upon the request and inserting the following: Upon the request ; and by adding at the end the following: Upon the request of a complainant, the judicial council of a circuit may, if the complaint was not finally dismissed under section 354(a)(1)(B), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys’ fees, incurred by that complainant during the investigation which would not have been incurred but for the requirements of this chapter. .