Page:United States Statutes at Large Volume 104 Part 6.djvu/734

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

104 STAT. 5124 PUBLIC LAW 101-650—DEC. 1, 1990 SEC. 403. CONTEMPT POWER FOR CIRCUIT COUNCILS. Section 332(d)(2) of title 28, United States Code, is amended by adding at the end thereof the following: "In the case of failure to comply with an order made under this subsection or a subpoena issued under section 372(c) of this title, a judicial council or a special committee appointed under section 372(c)(4) of this title may institute a contempt proceeding in any district court in which the judicial officer or employee of the circuit who fails to comply with the order made under this subsection shall be ordered to show cause before the court why he or she should not be held in contempt of court.". SEC. 404. AMENDMENT TO OATH OF JUSTICES AND JUDGES. Section 453 of title 28, United States Code, is amended by striking out "according to the best of my abilities and understanding, agreeably to" and inserting "under". SEC. 405. AMENDMENT TO ETHICS IN GOVERNMENT ACT. Section 104(b) of the Ethics in Government Act of 1978 (5 U.S.C. App. 104(b)) is amended by adding at the end thereof the following: "Whenever the Judicial Conference refers a name to the Attorney General under this subsection, the Judicial Conference also shall notify the judicial council of the circuit in which the named individual serves of the referral.". SEC. 406. ADVISORY COMMITTEES FOR JUDICIAL DISCIPLINE RULES. Section 2077(b) of title 28, United States Code, is amended by inserting before the period at the end of the first sentence the following: "and, in the case of an advisory committee appointed by a court of appeals, of the rules of the judicial council of the circuit". 28 USC 332 note. SEC. 407. EFFECTIVE DATE. National Commission on Judicial Discipline and Removal Act. 28 USC 372 note. The amendments made by this subtitle shall take effect 90 days after the date of the enactment of this Act. Subtitle II—National Commission on Judicial Impeachment 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" (hereafter 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