H.R. 3968 (104th): Federal Courts Improvement Act of 1996

Introduced:
Aug 02, 1996 (104th Congress, 1995–1996)
Sponsor:
Rep. Carlos Moorhead [R-CA27]
Status:
Died (Passed House)
See Instead:

S. 1887 (same title)
Signed by the President — Oct 19, 1996

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on September 17, 1996 but was never passed by the Senate.

Progress
Introduced Aug 02, 1996
Reported by Committee Sep 11, 1996
Passed House Sep 17, 1996
Cosponsors
1 cosponsors (1D) (show)
Committees

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

To make improvements in the operation and administration of the Federal courts, and for other purposes.

Summary

No summaries available.

Text

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Last updated Sep 18, 1996.
35 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/17/1996--Passed House amended. TABLE OF CONTENTS:
Title I - Criminal Law and Criminal Justice Amendments Title II: Judicial Process Improvements Title III: Judiciary Personnel Administration, Benefits, and Protections Title IV: Judicial Financial Administration Title V: Federal Courts Study Committee Recommendations Title VI: Places of Holding Court Title VII: Miscellaneous Federal Courts Improvement Act of 1996
Title I - Criminal Law and Criminal Justice Amendments
Amends the Federal criminal code to authorize probation and pretrial services officers, if approved by the court, to carry firearms under such regulations as the Director of the Administrative Office of the United States Courts may prescribe.
Title II - Judicial Process Improvements
Amends the Federal judicial code to expand the duties of a magistrate on an emergency assignment in a judicial district other than the one for which he or she has been appointed.
Section 202 -
Provides for registration of a judgment in an action for the recovery of money or property entered in any court of appeals or bankruptcy court, as well as any district court, by filing a certified copy of the judgment, subject to specified requirements.
Section 203 -
Provides that when: (1) the office of clerk of court is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office; and (2) the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform such duties.
Section 205 -
Repeals a Federal judicial code provision authorizing the parties to consent to appeals of decisions by magistrate judges in civil cases to a judge of the district court in the same manner as with respect to appeals from a judgment of the district court to a court of appeals.
Section 206 -
Requires each judicial council, by January 31 of each year, to submit a report to the Administrative Office on orders entered during the preceding calendar year relating to judicial misconduct or disability.
Section 207 -
Modifies the Federal criminal code to: (1) make an exception to the provision authorizing any person charged with a misdemeanor to elect to be tried before a judge of the relevant district court in the case of a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction; and (2) prohibit the magistrate judge from proceeding to try the case unless the defendant expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Requires any such consent and waiver to be made in writing or orally on the record. Authorizes the magistrate judge: (1) in a case involving a juvenile and a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction, to exercise powers granted to the district court; and (2) in any other class B or C misdemeanor case involving a juvenile in which consent to trial before a magistrate judge has been filed, to exercise such powers. Modifies the Federal judicial code regarding powers of U.S. magistrates to grant the power to enter a sentence for a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction and for a class A misdemeanor or a class B or C misdemeanor not covered by such provision in a case in which the parties have consented.
Title III - Judiciary Personnel Administration, Benefits, and Protections
Revises provisions under the Federal judicial code regarding: (1) the refund of contributions for deceased deferred annuitants under the judicial survivors' annuities system; and (2) the contribution rate for senior judges under the judicial survivors' annuities system.
Section 302 -
Amends the Bankruptcy Amendments and Federal Judgeship Act of 1984 to provide that when filling vacancies: (1) the court of appeals may consider reappointing incumbent bankruptcy judges; and (2) all incumbent nominees seeking reappointment may be considered for such a reappointment pursuant to a majority vote of the judges of the appointing court of appeals, under specified procedures.
Section 304 -
Deems a court reporter to be a full-time employee during any pay period for which the reporter receives a salary at the annual salary rate fixed for a full-time reporter.
Section 305 -
Authorizes the presiding judicial officer to appoint a certified or otherwise qualified sign language interpreter to provide services to a participant in a judicial proceeding upon determining that such participant suffers from a hearing impairment.
Section 308 -
Modifies provisions under the Federal judicial code regarding proceedings on complaints against judicial conduct. Requires the Judicial Conference to prescribe rules establishing: (1) procedures for the filing of complaints regarding the conduct of any judge of the United States Court of Federal Claims, the Court of International Trade, or the Court of Appeals for the Federal Circuit and for the investigation and resolution of such complaints; and (2) a system for referring such complaints to any of the first eleven judicial circuits or to another court for investigation and resolution.
Title IV - Judicial Financial Administration
Amends the Federal judicial code to increase the civil action filing fee in U.S. district court from $120 to $150. Modifies the allocation of filing fees to the special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of U.S. courts.
Section 402 -
Authorizes the Director of the Administrative Office to: (1) prescribe a uniform fee for examinations for qualified interpreters; and (2) include in any contract for the development or administration of such examinations a provision permitting the contractor to collect and retain fees in payment for contractual services.
Section 403 -
Directs the Judicial Conference to periodically prescribe the fees and costs to be charged and collected by the Judicial Panel on Multidistrict Litigation.
Section 404 -
Sets forth provisions regarding the disposition of attorney admission fees and bankruptcy complaint filing fees.
Title V - Federal Courts Study Committee Recommendations
Amends the Federal judicial code to require the chief judge of the Court of International Trade to be the judge of the court in regular active service who is senior in commission of those judges who: (1) are age 64 or younger; (2) have served for one year or more as a judge of the court; and (3) have not served previously as chief judge. Sets forth provisions regarding the precedence of judges in acting as chief judge.
Title VI - Places of Holding Court
Amends the Federal judicial code to direct that: (1) court for the Southern District of New York be held at New York and White Plains (as under current law) and in the Middletown-Wallkill area of Orange County or in an appropriate nearby location; and (2) court for the Sherman
Division of the Eastern District of Texas be held at Sherman (as under current law) and Plano. Authorizes the Texarkana Divisions of the Western Division of Arkansas and the Eastern Division of Texas to be held anywhere within the Federal courthouse in Texarkana that is located astride the Texas-Arkansas State line. Title VII - Miscellaneous
Modifies the Federal judicial code to authorize a member of: (1) the Judicial Conference to be a district judge retired from regular active service; and (2) the Board of the Federal Judicial Center to be a circuit or district judge retired from regular active service.
Section 702 -
Makes technical amendments relating to: (1) the Director and Deputy Director of the Administrative Office as Federal officers; (2) the filing of notice of removal of a criminal proceeding from a State court; and (3) Federal Judicial Center employee retirement provisions.
Section 705 -
Modifies the Regional Rail Reorganization Act of 1973 to abolish the judicial panel established under such Act. Transfers such panel's jurisdiction and future rail reorganization proceedings to the U.S. District Court for the District of Columbia.
Section 706 -
Revises the Federal judicial code to: (1) make an exception to the residency requirement for district judges appointed to the Southern and Eastern Districts of New York; and (2) specifically authorize the court to make available arbitration in appropriate cases with respect to civil justice expense and delay reduction plans. Extends by six months the due dates of reports under the Civil Justice Reform Act of 1990 on demonstration and pilot programs.
Section 708 -
Modifies the definition of "district court," for purposes of provisions regarding change of venue and cure or waiver of defects, to mean the District Courts of Guam, the Virgin Islands, and the Northern Mariana Islands.

House Republican Conference Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 104 Stat. 5101
  • 105 Stat. 810
  • 106 Stat. 965

Other Citations

  • 28 U.S.C. Chapter 11
  • 28 U.S.C. Chapter 123
  • 28 U.S.C. Chapter 125
  • 28 U.S.C. Chapter 57
  • 28 U.S.C. Chapter 89