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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE


Sec
. 372. Retirement for disability; substitute judge on failure to retire; judicial discipline

-STATUTE-

      (a) Any justice or judge of the United States appointed to hold

    office during good behavior who becomes permanently disabled from

    performing his duties may retire from regular active service, and

    the President shall, by and with the advice and consent of the

    Senate, appoint a successor.

      Any justice or judge of the United States desiring to retire

    under this section shall certify to the President his disability in

    writing.

      Whenever an associate justice of the Supreme Court, a chief judge

    of a circuit or the chief judge of the Court of International

    Trade, desires to retire under this section, he shall furnish to

    the President a certificate of disability signed by the Chief

    Justice of the United States.

      A circuit or district judge, desiring to retire under this

    section, shall furnish to the President a certificate of disability

    signed by the chief judge of his circuit.

      A judge of the Court of International Trade desiring to retire

    under this section, shall furnish to the President a certificate of

    disability signed by the chief judge of his court.

      Each justice or judge retiring under this section after serving

    ten years continuously or otherwise shall, during the remainder of

    his lifetime, receive the salary of the office.  A justice or judge

    retiring under this section who has served less than ten years in

    all shall, during the remainder of his lifetime, receive one-half

    the salary of the office.

      (b) Whenever any judge of the United States appointed to hold

    office during good behavior who is eligible to retire under this

    section does not do so and a certificate of his disability signed

    by a majority of the members of the Judicial Council of his circuit

    in the case of a circuit or district judge, or by the Chief Justice

    of the United States in the case of the Chief Judge of the Court of

    International Trade, or by the chief judge of his court in the case

    of a judge of the Court of International Trade, is presented to the

    President and the President finds that such judge is unable to

    discharge efficiently all the duties of his office by reason of

    permanent mental or physical disability and that the appointment of

    an additional judge is necessary for the efficient dispatch of

    business, the President may make such appointment by and with the

    advice and consent of the Senate. Whenever any such additional

    judge is appointed, the vacancy subsequently caused by the death,

    resignation, or retirement of the disabled judge shall not be

    filled.  Any judge whose disability causes the appointment of an

    additional judge shall, for purpose of precedence, service as chief

    judge, or temporary performance of the duties of that office, be

    treated as junior in commission to the other judges of the circuit,

    district, or court.

      (c)(1) Any person alleging that a circuit, district, or

    bankruptcy judge, or a magistrate, has engaged in conduct

    prejudicial to the effective and expeditious administration of the

    business of the courts, or alleging that such a judge or magistrate

    is unable to discharge all the duties of office by reason of mental

    or physical disability, may file with the clerk of the court of

    appeals for the circuit a written complaint containing a brief

    statement of the facts constituting such conduct.  In the interests

    of the effective and expeditious administration of the business of

    the courts and on the basis of information available to the chief

    judge of the circuit, the chief judge may, by written order stating

    reasons therefor, identify a complaint for purposes of this

    subsection and thereby dispense with filing of a written complaint.

      (2) Upon receipt of a complaint filed under paragraph (1) of this

    subsection, the clerk shall promptly transmit such complaint to the

    chief judge of the circuit, or, if the conduct complained of is

    that of the chief judge, to that circuit judge in regular active

    service next senior in date of commission (hereafter, for purposes

    of this subsection only, included in the term chief judge).

    The clerk shall simultaneously transmit a copy of the complaint to

    the judge or magistrate whose conduct is the subject of the

    complaint.

      (3) After expeditiously reviewing a complaint, the chief judge,

    by written order stating his reasons, may -

        (A) dismiss the complaint, if he finds it to be (i) not in

      conformity with paragraph (1) of this subsection, (ii) directly

      related to the merits of a decision or procedural ruling, or

      (iii) frivolous; or

        (B) conclude the proceeding if he finds that appropriate

      corrective action has been taken or that action on the complaint

      is no longer necessary because of intervening events.

    The chief judge shall transmit copies of his written order to the

    complainant and to the judge or magistrate whose conduct is the

    subject of the complaint.

      (4) If the chief judge does not enter an order under paragraph

    (3) of this subsection, such judge shall promptly -

        (A) appoint himself and equal numbers of circuit and district

      judges of the circuit to a special committee to investigate the

      facts and allegations contained in the complaint;

        (B) certify the complaint and any other documents pertaining

      thereto to each member of such committee; and

        (C) provide written notice to the complainant and the judge or

      magistrate whose conduct is the subject of the complaint of the

      action taken under this paragraph.

    A judge appointed to a special committee under this paragraph may

    continue to serve on that committee after becoming a senior judge

    or, in the case of the chief judge of the circuit, after his or her

    term as chief judge terminates under subsection (a)(3) or (c) of

    section 45 of this title.  If a judge appointed to a committee

    under this paragraph dies, or retires from office under section

    371(a) of this title, while serving on the committee, the chief

    judge of the circuit may appoint another circuit or district judge,

    as the case may be, to the committee.

      (5) Each committee appointed under paragraph (4) of this

    subsection shall conduct an investigation as extensive as it

    considers necessary, and shall expeditiously file a comprehensive

    written report thereon with the judicial council of the circuit.

    Such report shall present both the findings of the investigation

    and the committee's recommendations for necessary and appropriate

    action by the judicial council of the circuit.

      (6) Upon receipt of a report filed under paragraph (5) of this

    subsection, the judicial council -

        (A) may conduct any additional investigation which it considers

      to be necessary;

        (B) shall take such action as is appropriate to assure the

      effective and expeditious administration of the business of the

      courts within the circuit, including, but not limited to, any of

      the following actions:

          (i) directing the chief judge of the district of the

        magistrate whose conduct is the subject of the complaint to

        take such action as the judicial council considers appropriate;

          (ii) certifying disability of a judge appointed to hold

        office during good behavior whose conduct is the subject of the

        complaint, pursuant to the procedures and standards provided

        under subsection (b) of this section;

          (iii) requesting that any such judge appointed to hold office

        during good behavior voluntarily retire, with the provision

        that the length of service requirements under section 371 of

        this title shall not apply;

          (iv) ordering that, on a temporary basis for a time certain,

        no further cases be assigned to any judge or magistrate whose

        conduct is the subject of a complaint;

          (v) censuring or reprimanding such judge or magistrate by

        means of private communication;

          (vi) censuring or reprimanding such judge or magistrate by

        means of public announcement; or

          (vii) ordering such other action as it considers appropriate

        under the circumstances, except that (I) in no circumstances

        may the council order removal from office of any judge

        appointed to hold office during good behavior, and (II) any

        removal of a magistrate shall be in accordance with section 631

        of this title and any removal of a bankruptcy judge shall be in

        accordance with section 152 of this title;

        (C) may dismiss the complaint; and

        (D) shall immediately provide written notice to the complainant

      and to such judge or magistrate of the action taken under this

      paragraph.

      (7)(A) In addition to the authority granted under paragraph (6)

    of this subsection, the judicial council may, in its discretion,

    refer any complaint under this subsection, together with the record

    of any associated proceedings and its recommendations for

    appropriate action, to the Judicial Conference of the United

    States.

      (B) In any case in which the judicial council determines, on the

    basis of a complaint and an investigation under this subsection, or

    on the basis of information otherwise available to the council,

    that a judge appointed to hold office during good behavior may have

    engaged in conduct -

        (i) which might constitute one or more grounds for impeachment

      under article II of the Constitution; or

        (ii) which, in the interest of justice, is not amenable to

      resolution by the judicial council,

    the judicial council shall promptly certify such determination,

    together with any complaint and a record of any associated

    proceedings, to the Judicial Conference of the United States.

      (C) A judicial council acting under authority of this paragraph

    shall, unless contrary to the interests of justice, immediately

    submit written notice to the complainant and to the judge or

    magistrate whose conduct is the subject of the action taken under

    this paragraph.

      (8)(A) Upon referral or certification of any matter under

    paragraph (7) of this subsection, the Judicial Conference, after

    consideration of the prior proceedings and such additional

    investigation as it considers appropriate, shall by majority vote

    take such action, as described in paragraph (6)(B) of this

    subsection, as it considers appropriate.  If the Judicial

    Conference concurs in the determination of the council, or makes

    its own determination, that consideration of impeachment may be

    warranted, it shall so certify and transmit the determination and

    the record of proceedings to the House of Representatives for

    whatever action the House of Representatives considers to be

    necessary.  Upon receipt of the determination and record of

    proceedings in the House of Representatives, the Clerk of the House

    of Representatives shall make available to the public the

    determination and any reasons for the determination.

      (B) If a judge or magistrate has been convicted of a felony and

    has exhausted all means of obtaining direct review of the

    conviction, or the time for seeking further direct review of the

    conviction has passed and no such review has been sought, the

    Judicial Conference may, by majority vote and without referral or

    certification under paragraph (7), transmit to the House of

    Representatives a determination that consideration of impeachment

    may be warranted, together with appropriate court records, for

    whatever action the House of Representatives considers to be

    necessary.

      (9)(A) In conducting any investigation under this subsection, the

    judicial council, or a special committee appointed under paragraph

    (4) of this subsection, shall have full subpoena powers as provided

    in section 332(d) of this title.

      (B) In conducting any investigation under this subsection, the

    Judicial Conference, or a standing committee appointed by the Chief

    Justice under section 331 of this title, shall have full subpoena

    powers as provided in that section.

      (10) A complainant, judge, or magistrate aggrieved by a final

    order of the chief judge under paragraph (3) of this subsection may

    petition the judicial council for review thereof.  A complainant,

    judge, or magistrate aggrieved by an action of the judicial council

    under paragraph (6) of this subsection may petition the Judicial

    Conference of the United States for review thereof.  The Judicial

    Conference, or the standing committee established under section 331

    of this title, may grant a petition filed by a complainant, judge,

    or magistrate under this paragraph.  Except as expressly provided

    in this paragraph, all orders and determinations, including denials

    of petitions for review, shall be final and conclusive and shall

    not be judicially reviewable on appeal or otherwise.

      (11) Each judicial council and the Judicial Conference may

    prescribe such rules for the conduct of proceedings under this

    subsection, including the processing of petitions for review, as

    each considers to be appropriate.  Such rules shall contain

    provisions requiring that -

        (A) adequate prior notice of any investigation be given in

      writing to the judge or magistrate whose conduct is the subject

      of the complaint;

        (B) the judge or magistrate whose conduct is the subject of the

      complaint be afforded an opportunity to appear (in person or by

      counsel) at proceedings conducted by the investigating panel, to

      present oral and documentary evidence, to compel the attendance

      of witnesses or the production of documents, to cross-examine

      witnesses, and to present argument orally or in writing; and

        (C) the complainant be afforded an opportunity to appear at

      proceedings conducted by the investigating panel, if the panel

      concludes that the complainant could offer substantial

      information.

    Any such rule shall be made or amended only after giving

    appropriate public notice and an opportunity for comment.  Any rule

    promulgated under this subsection shall be a matter of public

    record, and any such rule promulgated by a judicial council may be

    modified by the Judicial Conference. No rule promulgated under this

    subsection may limit the period of time within which a person may

    file a complaint under this subsection.

      (12) No judge or magistrate whose conduct is the subject of an

    investigation under this subsection shall serve upon a special

    committee appointed under paragraph (4) of this subsection, upon a

    judicial council, upon the Judicial Conference, or upon the

    standing committee established under section 331 of this title,

    until all related proceedings under this subsection have been

    finally terminated.

      (13) No person shall be granted the right to intervene or to

    appear as amicus curiae in any proceeding before a judicial council

    or the Judicial Conference under this subsection.

      (14) Except as provided in paragraph (8), all papers, documents,

    and records of proceedings related to investigations conducted

    under this subsection shall be confidential and shall not be

    disclosed by any person in any proceeding except to the extent that

    -

        (A) the judicial council of the circuit in its discretion

      releases a copy of a report of a special investigative committee

      under paragraph (5) to the complainant whose complaint initiated

      the investigation by that special committee and to the judge or

      magistrate whose conduct is the subject of the complaint;

        (B) the judicial council of the circuit, the Judicial

      Conference of the United States, or the Senate or the House of

      Representatives by resolution, releases any such material which

      is believed necessary to an impeachment investigation or trial of

      a judge under article I of the Constitution; or

        (C) such disclosure is authorized in writing by the judge or

      magistrate who is the subject of the complaint and by the chief

      judge of the circuit, the Chief Justice, or the chairman of the

      standing committee established under section 331 of this title.

      (15) Each written order to implement any action under paragraph

    (6)(B) of this subsection, which is issued by a judicial council,

    the Judicial Conference, or the standing committee established

    under section 331 of this title, shall be made available to the

    public through the appropriate clerk's office of the court of

    appeals for the circuit.  Unless contrary to the interests of

    justice, each such order issued under this paragraph shall be

    accompanied by written reasons therefor.

      (16) Upon the request of a judge or magistrate whose conduct is

    the subject of a complaint under this subsection, the judicial

    council may, if the complaint has been finally dismissed under

    paragraph (6)(C), 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 judge or

    magistrate during the investigation which would not have been

    incurred but for the requirements of this subsection.

      (17) Except as expressly provided in this subsection, nothing in

    this subsection shall be construed to affect any other provision of

    this title, the Federal Rules of Civil Procedure, the Federal Rules

    of Criminal Procedure, the Federal Rules of Appellate Procedure, or

    the Federal Rules of Evidence.

      (18) The United States Court of Federal Claims, the Court of

    International Trade, and the Court of Appeals for the Federal

    Circuit shall each prescribe rules, consistent with the foregoing

    provisions of this subsection, establishing procedures for the

    filing of complaints with respect to the conduct of any judge of

    such court and for the investigation and resolution of such

    complaints.  In investigating and taking action with respect to any

    such complaint, each such court shall have the powers granted to a

    judicial council under this subsection.

-SOURCE-

    (June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, Sec.

    67, 63 Stat. 99; Feb. 10, 1954, ch. 6, Sec. 4(a), 68 Stat. 12;

    Sept. 2, 1957, Pub. L. 85-261, 71 Stat. 586; Oct. 10, 1980, Pub. L.

    96-417, title V, Sec. 501(9), 94 Stat. 1742; Oct. 15, 1980, Pub. L.

    96-458, Sec. 3(a), (b), 94 Stat. 2036, 2040; Apr. 2, 1982, Pub. L.

    97-164, title I, Sec. 112, 96 Stat. 29; July 10, 1984, Pub. L.

    98-353, title I, Sec. 107, 98 Stat. 342; Nov. 19, 1988, Pub. L.

    100-702, title IV, Sec. 403(c), 102 Stat. 4651; Dec. 1, 1990, Pub.

    L. 101-650, title IV, Sec. 402, 104 Stat. 5122; Oct. 29, 1992, Pub.

    L. 102-572, title IX, Sec. 902(b)(1), 106 Stat. 4516.)

-MISC1-

                       HISTORICAL AND REVISION NOTES

                                  1948 ACT

      Based on title 28, U.S.C., 1940 ed., Sec. 375b, 375c, and 375d

    (Aug. 5, 1939, ch. 433, Sec. 1-3, 53 Stat. 1204, 1205).

      This section consolidates sections 375b, 375c, and 375d of title

    28, U.S.C., 1940 ed.

      Section 375e of title 28, U.S.C., 1940 ed. providing that term

    senior circuit judge includes the Chief Justice of the United

    States Court of Appeals for the District of Columbia, and the term

    judicial circuit includes the District of Columbia, was omitted

    from this revision as unnecessary.  Such district is included as a

    judicial circuit by section 41 of this title.

      Words justice or judge of the United States were used to

    describe members of all courts who hold office during good

    behavior. (See reviser's note under section 371 of this title.)

      Term chief judge was substituted for Chief Justice of the

    Court of Claims, presiding judge of the Court of Customs and

    Patent Appeals and senior circuit judge. (See Reviser's Note

    under section 136 of this title.)

      For clarity and convenience the requirement that certificates of

    disability be submitted to the President, was made explicit.

      The revised section requires a judge of the Customs Court to

    furnish a certificate of disability signed by the chief judge of

    his court, instead of by the chief judge of the Court of Customs

    and Patent Appeals as in said section 375c of title 28, U.S.C.,

    1940 ed.  This change insures signing of the certificate of

    disability by the chief judge possessing knowledge of the facts.

      Changes were made in phraseology and arrangement.

                                  1949 ACT

      Subsection (a) of this section amends section 372 of title 28,

    U.S.C., to express the requirement that appointment of successors

    to justices or judges must be made with confirmation by the Senate.

    Subsection (b) of this section clarifies the intent of section 372

    of title 28, U.S.C., and conforms with the language of section 371

    of such title.

-REFTEXT-

                             REFERENCES IN TEXT

      The Federal Rules of Civil Procedure, the Federal Rules of

    Appellate Procedure, and the Federal Rules of Evidence, referred to

    in subsec. (c)(17), are set out in the Appendix to this title.

      The Federal Rules of Criminal Procedure, referred to in subsec.

    (c)(17), are set out in the Appendix to Title 18, Crimes and

    Criminal Procedure.

-MISC2-

                                 AMENDMENTS

      1992 - Subsec. (c)(18). Pub. L. 102-572 substituted United

    States Court of Federal Claims for United States Claims

    Court.

      1990 - Subsec. (c)(1). Pub. L. 101-650, Sec. 402(a), inserted at

    end In the interests of the effective and expeditious

    administration of the business of the courts and on the basis of

    information available to the chief judge of the circuit, the chief

    judge may, by written order stating reasons therefor, identify a

    complaint for purposes of this subsection and thereby dispense with

    filing of a written complaint.

      Subsec. (c)(3)(B). Pub. L. 101-650, Sec. 402(f), inserted before

    period at end or that action on the complaint is no longer

    necessary because of intervening events.

      Subsec. (c)(4). Pub. L. 101-650, Sec. 402(b), inserted at end A

    judge appointed to a special committee under this paragraph may

    continue to serve on that committee after becoming a senior judge

    or, in the case of the chief judge of the circuit, after his or her

    term as chief judge terminates under subsection (a)(3) or (c) of

    section 45 of this title.  If a judge appointed to a committee

    under this paragraph dies, or retires from office under section

    371(a) of this title, while serving on the committee, the chief

    judge of the circuit may appoint another circuit or district judge,

    as the case may be, to the committee.

      Subsec. (c)(6). Pub. L. 101-650, Sec. 402(g), added subpar. (C)

    and redesignated former subpar. (C) as (D).

      Subsec. (c)(7)(B). Pub. L. 101-650, Sec. 402(i)(1), substituted

    may have engaged in conduct for has engaged in conduct in

    introductory provisions and article II for article I in cl.

    (i).

      Subsec. (c)(8). Pub. L. 101-650, Sec. 402(d), designated existing

    provisions as subpar. (A) and added subpar. (B).

      Pub. L. 101-650, Sec. 402(c)(1), inserted at end Upon receipt

    of the determination and record of proceedings in the House of

    Representatives, the Clerk of the House of Representatives shall

    make available to the public the determination and any reasons for

    the determination.

      Subsec. (c)(11). Pub. L. 101-650, Sec. 402(e), inserted at end

    No rule promulgated under this subsection may limit the period of

    time within which a person may file a complaint under this

    subsection.

      Subsec. (c)(14). Pub. L. 101-650, Sec. 402(c)(2)(A), (B),

    substituted Except as provided in paragraph (8), all for

    All and except to the extent that for unless in

    introductory provisions.

      Subsec. (c)(14)(A). Pub. L. 101-650, Sec. 402(c)(2)(E), added

    subpar. (A). Former subpar. (A) redesignated (B).

      Subsec. (c)(14)(B). Pub. L. 101-650, Sec. 402(c)(2)(D),

    redesignated subpar. (A) as (B). Former subpar. (B) redesignated

    (C).

      Pub. L. 101-650, Sec. 402(c)(2)(C), inserted such disclosure

    is before authorized.

      Subsec. (c)(14)(C). Pub. L. 101-650, Sec. 402(c)(2)(D), (i)(2),

    redesignated subpar. (B) as (C) and substituted subject of the

    complaint for subject to the complaint.

      Subsec. (c)(16) to (18). Pub. L. 101-650, Sec. 402(h), added par.

    (16) and redesignated former pars. (16) and (17) as (17) and (18),

    respectively.

      1988 - Subsec. (c)(11). Pub. L. 100-702 inserted before last

    sentence Any such rule shall be made or amended only after giving

    appropriate public notice and an opportunity for comment.

      1984 - Subsec. (c)(6)(B)(vii). Pub. L. 98-353 substituted

    section 152 for section 153.

      1982 - Subsec. (a). Pub. L. 97-164, Sec. 112(a), struck out

    Court of Claims, Court of Customs and Patent Appeals, or before

    Court of International Trade in third and fifth pars.

      Subsec. (b). Pub. L. 97-164, Sec. 112(b), struck out Court of

    Claims, Court of Customs and Patent Appeals, or before Court of

    International Trade wherever appearing.

      Subsec. (c)(17). Pub. L. 97-164, Sec. 112(c), substituted

    United States Claims Court, the Court of International Trade, and

    the Court of Appeals for the Federal Circuit for Court of

    Claims, the Court of Customs and Patent Appeals, and the Customs

    Court.

      1980 - Pub. L. 96-458, Sec. 3(b), inserted judicial

    discipline in section catchline.

      Subsecs. (a), (b). Pub. L. 96-417 redesignated the Customs Court

    as the Court of International Trade.

      Subsec. (c). Pub. L. 96-458, Sec. 3(a), added subsec. (c).

      1957 - Subsec. (b). Pub. L. 85-261 added subsec. (b).

      1954 - Act Feb. 10, 1954, inserted ; substitute judge on

    failure to retire in section catchline (but without adding any

    provisions on such subject to the text of the section, see 1957

    amendment), and inserted under this section after retire in

    third, fourth, and fifth pars.

      1949 - Act May 24, 1949, amended section to include provision

    that appointment of successors to justices or judges must be made

    with consent of Senate, and inserted continuously or otherwise

    after Each justice or judge in last par.

-CHANGE-

                               CHANGE OF NAME

      Reference to United States magistrate or to magistrate deemed to

    refer to United States magistrate judge pursuant to section 321 of

    Pub. L. 101-650, set out as a note under section 631 of this title.

-MISC4-

                      EFFECTIVE DATE OF 1992 AMENDMENT

      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

    911 of Pub. L. 102-572, set out as a note under section 171 of this

    title.

                      EFFECTIVE DATE OF 1990 AMENDMENT

      Amendment by Pub. L. 101-650 effective 90 days after Dec. 1,

    1990, see section 407 of Pub. L. 101-650, set out as a note under

    section 332 of this title.

                      EFFECTIVE DATE OF 1988 AMENDMENT

      Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section

    407 of Pub. L. 100-702, set out as a note under section 2071 of

    this title.

                      EFFECTIVE DATE OF 1984 AMENDMENT

      Amendment by Pub. L. 98-353 effective July 10, 1984, see section

    122(a) of Pub. L. 98-353, set out as an Effective Date note under

    section 151 of this title.

                      EFFECTIVE DATE OF 1982 AMENDMENT

      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

    402 of Pub. L. 97-164, set out as a note under section 171 of this

    title.

                     EFFECTIVE DATE OF 1980 AMENDMENTS

      Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7

    of Pub. L. 96-458, set out as a note under section 331 of this

    title.

      Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

    applicable with respect to civil actions pending on or commenced on

    or after such date, see section 701(a) of Pub. L. 96-417, set out

    as a note under section 251 of this title.

           NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL

      Pub. L. 102-368, title I, Sept. 23, 1992, 106 Stat. 1118,

    provided in part that: Notwithstanding the requirement of section

    415 of Public Law 101-650 (set out below) to submit the report

    mandated by said section not later than one year after the date of

    the Commission's first meeting, the National Commission on Judicial

    Discipline and Removal shall submit to each House of Congress, the

    Chief Justice of the United States, and the President, the report

    mandated in said section no later than August 1, 1993.

      Subtitle II of title IV of Pub. L. 101-650, as amended by Pub. L.

    102-198, Sec. 8(a), (b)(2), Dec. 9, 1991, 105 Stat. 1625, 1626,

    provided that:

    SEC. 408. SHORT TITLE.

      This subtitle may be cited as the 'National Commission on

    Judicial Discipline and Removal Act'.

    SEC. 409. ESTABLISHMENT.

      There is hereby established a commission to be known as the

    'National Commission on Judicial Discipline and Removal'

    (hereinafter in this subtitle referred to as the 'Commission').

    SEC. 410. DUTIES OF COMMISSION.

      The duties of the Commission are -

        (1) to investigate and study the problems and issues involved

      in the tenure (including discipline and removal) of an article

      III judge;

        (2) to evaluate the advisability of proposing alternatives to

      current arrangements with respect to such problems and issues,

      including alternatives for discipline or removal of judges that

      would require amendment to the Constitution; and

        (3) to prepare and submit to the Congress, the Chief Justice

      of the United States, and the President a report in accordance

      with section 415.

    SEC. 411. MEMBERSHIP.

      (a) Number and Appointment. - The Commission shall be composed

    of 13 members as follows:

        (1) Three appointed by the President pro tempore of the

      Senate.

        (2) Three appointed by the Speaker of the House of

      Representatives.

        (3) Three appointed by the Chief Justice of the United

      States.

        (4) Three appointed by the President.

        (5) One appointed by the Conference of Chief Justices of the

      States of the United States.

      (b) Term. - Members of the Commission shall be appointed for

    the life of the Commission.

      (c) Quorum. - Six members of the Commission shall constitute a

    quorum, but a lesser number may conduct meetings.

      (d) Chairman. - The members of the Commission shall select one

    of the members to be the Chairman.

      (e) Vacancy. - A vacancy on the Commission resulting from the

    death or resignation of a member shall not affect its powers and

    shall be filled in the same manner in which the original

    appointment was made.

      (f) Continuation of Membership. - If any member of the

    Commission who was appointed to the Commission as a Member of

    Congress or as an officer or employee of a government leaves that

    office, or if any member of the Commission who was appointed from

    persons who are not officers or employees of a government becomes

    an officer or employee of a government, the member may continue as

    a member of the Commission for not longer than the 90-day period

    beginning on the date the member leaves that office or becomes such

    an officer or employee, as the case may be.

    SEC. 412. COMPENSATION OF THE COMMISSION.

      (a) Pay. - (1) Except as provided in paragraph (2), each member

    of the Commission who is not otherwise employed by the United

    States Government shall be entitled to receive the daily equivalent

    of the annual rate of basic pay payable for GS-18 of the General

    Schedule under section 5332 of title 5, United States Code, for

    each day (including travel time) during which he or she is engaged

    in the actual performance of duties as a member of the Commission.

      (2) A member of the Commission who is an officer or employee of

    the United States Government shall serve without additional

    compensation.

      (b) Travel. - All members of the Commission shall be reimbursed

    for travel, subsistence, and other necessary expenses incurred by

    them in the performance of their duties.

    SEC. 413. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND

        CONSULTANTS.

      (a) Director. - The Commission shall, without regard to section

    5311(b) of title 5, United States Code, have a Director who shall

    be appointed by the Chairman and who shall be paid at a rate not to

    exceed the rate of basic pay payable for level V of the Executive

    Schedule under section 5316 of such title.

      (b) Staff. - The Chairman of the Commission may appoint and fix

    the pay of such additional personnel as the Chairman finds

    necessary to enable the Commission to carry out its duties.  Such

    personnel may be appointed without regard to the provisions of

    title 5, United States Code, governing appointments in the

    competitive service, and may be paid without regard to the

    provisions of chapter 51 and subchapter III of chapter 53 of such

    title relating to classification and General Schedule pay rates,

    except that the annual rate of pay for any individual so appointed

    may not exceed a rate equal to the annual rate of basic pay payable

    for GS-18 of the General Schedule under section 5332 of such title.

      (c) Experts and Consultants. - The Commission may procure

    temporary and intermittent services of experts and consultants

    under section 3109(b) of title 5, United States Code.

    SEC. 414. POWERS OF COMMISSION.

      (a) Hearings and Sessions. - The Commission or, on

    authorization of the Commission, a member of the Commission may,

    for the purpose of carrying out this subtitle, hold such hearings,

    sit and act at such times and places, take such testimony, and

    receive such evidence, as the Commission considers appropriate.

    The Commission may administer oaths or affirmations to witnesses

    appearing before it.

      (b) Obtaining Official Data. - The Commission may secure

    directly from any department, agency, or entity within the

    executive or judicial branch of the Federal Government information

    necessary to enable it to carry out this subtitle.  Upon request of

    the Chairman of the Commission, the head of such department or

    agency shall furnish such information to the Commission.

      (c) Facilities and Support Services. - The Administrator of

    General Services shall provide to the Commission on a reimbursable

    basis such facilities and support services as the Commission may

    request.  Upon request of the Commission, the head of any Federal

    agency is authorized to make any of the facilities and services of

    such agency available to the Commission to assist the Commission in

    carrying out its duties under this subtitle.

      (d) Expenditures and Contracts. - The Commission or, on

    authorization of the Commission, a member of the Commission may

    make expenditures and enter into contracts for the procurement of

    such supplies, services, and property as the Commission or member

    considers appropriate for the purposes of carrying out the duties

    of the Commission. Such expenditures and contracts may be made only

    to such extent or in such amounts as are provided in appropriation

    Acts.

      (e) Mails. - The Commission may use the United States mails in

    the same manner and under the same conditions as other departments

    and agencies of the United States.

      (f) Gifts. - The Commission may accept, use, and dispose of

    gifts or donations of services or property.

    SEC. 415. REPORT.

      The Commission shall submit to each House of Congress, the

    Chief Justice of the United States, and the President a report not

    later than one year after the date of its first meeting.  The

    report shall contain a detailed statement of the findings and

    conclusions of the Commission, together with its recommendations

    for such legislative or administrative action as it considers

    appropriate.

    SEC. 416. TERMINATION.

      The Commission shall cease to exist on the date 30 days after

    the date it submits its report to the President and the Congress

    under section 415.

    SEC. 417. AUTHORIZATION OF APPROPRIATIONS.

      There is authorized to be appropriated the sum of $750,000 to

    carry out the provisions of this subtitle.

    SEC. 418. EFFECTIVE DATE.

      This subtitle shall take effect on the date of the enactment of

    this Act (Dec. 1, 1990).

      (References in laws to the rates of pay for GS-16, 17, or 18, or

    to maximum rates of pay under the General Schedule, to be

    considered references to rates payable under specified sections of

    Title 5, Government Organization and Employees, see section 529

    (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

    under section 5376 of Title 5.)

            COMPUTATION OF JUDICIAL SERVICE, DISTRICT OF ALASKA

      Inclusion of service as judge of the District Court for the

    Territory of Alaska in the computation of years of judicial service

    for judges of the United States District Court for the District of

    Alaska, see Pub. L. 89-70, set out as a note under section 371 of

    this title.

                         JUDICIAL SERVICE IN HAWAII

      Certain judicial service in Hawaii included within computation of

    aggregate years of judicial service, see section 14(d) of Pub. L.

    86-3, set out as a note under section 371 of this title.

-CROSS-

                              CROSS REFERENCES

      Assignment of retired justices or judges to active duty, see

    section 294 of this title.

      Justices and judges appointed to hold office during good behavior

    -

        Court of International Trade, see section 252 of this title.

        Courts of Appeals, see Const., Art. 3, Sec. 1.

        District Courts, see Const., Art. 3, Sec. 1.

        Supreme Court, see Const., Art. 3, Sec. 1.

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS

      This section is referred to in sections 178, 294, 331, 332, 375,

    376, 377, 604 of this title; title 5 sections 8440a, 8701; title 38

    section 7253.

.

 


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