35 1 lines and controls laid down by the Administrative Office of 2 the United States Courts. 3 4 "(5) Maintaining a modern accounting system. "(6) Establishing and maintaining property control 5 records. 6 "(7) Undertaking definition of the space management 7 program, including space design, control and requirements 8 projections. 9 10 "(8) Representing the circuit in its dealings with other government agencies and with the Administrative Office of 11 the United States Courts with respect to the establishment, 12 maintenance, and use of courtrooms, chambers and offices. 13 66 (9) Initiating studies relating to the business and ad14 ministration of the courts within the circuit and preparing 15 appropriate recommendations and reports to the chief judge, 16 the circuit council, and the Judicial Conference. 17 18 19 “(10) Defining management information requirements and collecting, compiling, and analyzing statistical data with a view to the preparation and presentation of reports based 20 on such data as may be directed by the chief judge, the 21 circuit council, and the Administrative Office of the United States Courts. "(11) Representing the circuit as it liaison to the courts of the various States in which the circuit is located, the Marshal's Office, State and local bar associations, civic 36 1 groups, news media, and other private and public groups 2 having a reasonable interest in the administration of the 3 circuit. 4 "(12) Arranging and attending meetings of the judges 5 of the circuit and of the circuit council, including preparing € of the agenda and serving as secretary in all such meetings. "(13) Establishing procedures for the calling of jurors 7 9 8 in the circuit and controlling their utilization and payment. "(14) Preparing an annual report to the circuit and to 10 the Administrative Office of the United States Courts for the 11 preceding calendar year, including recommendations for more 12 expeditious disposition of the business of the circuit. 13 "In exercising the duties delegated to him by the circuit 14 council the court executive shall be subject to the general 15 supervision of the judge of the circuit. 16 "The qualifications for the position of court executive 17 shall be set by the Judicial Conference and shall emphasize 19 "Each court executive shall be paid at a salary to be 20 established by the Judicial Conference of the United States 21 and shall serve at the pleasure of the Judicial Council of the 22 circuit." 23 (b) Within sixty days after the date of the enactment of 24 the Judicial Reform Act, or within thirty days preceding the 25 convening of the next scheduled meeting of the council of 37 1 a circuit, whichever is sooner, the chief judges of all of the 2 districts within each circuit shall select the district judge 3 members of the circuit council under procedures prescribed 4 by the chief judge of the circuit. 5 6 SELECTION OF CIRCUIT CHIEF JUDGES SEC. 502. (a) Section 45 (a) of title 28, United States 7 Code, is amended to read as follows: 66 8 '(a) The circuit judge in regular active service who is 9 senior in commission shall be the chief judge of the circuit: 10 Provided, however, That no circuit judge shall become chief 11 judge of the circuit after reaching sixty-six years of age nor 12 remain as chief judge after reaching seventy years of age. 13 If at the time a new chief judge of the circuit is to be selected 14 all the circuit judges in regular active service are sixty-six 15 years of age or older, the youngest shall act as chief judge 16 until a judge has been appointed and qualified who is under 17 sixty-six years of age, but a judge may not act as chief judge 18 until he has served as a circuit judge for one year." 19 20 1971. 21 22 (b) This section shall become effective on January 1, SELECTION OF DISTRICT COURT CHIEF JUDGES SEC. 503. (a) Section 136 (a) of title 28, United 23 States Code, is amended to read as follows: "In each dis24 trict having more than one judge, the district judge in reg25 ular active service who is senior in commission shall be the 38 1 chief judge of the district court: Provided, however, That no 2 district court judge shall become chief judge of the district 3 court after reaching sixty-six years of age nor remain as 4 chief judge after reaching seventy years of age. If at the time 5 a new chief judge of the district court is to be selected all 6 the district judges in regular active service are sixty-six 7 years of age or older the youngest shall act as chief judge 8 until a judge has been appointed and qualified who is under 9 sixty-six years of age, but a judge may not act as chief judge 10 until he has served as a district judge for one year." 11 12 1971. (b) This section shall become effective on January 1, Senator TYDINGS. On October 16, 1965, almost 5 years ago, shortly after I became chairman of this subcommittee, I stated on the floor of the Senate that, although on the whole the general caliber of the Federal judiciary has been extremely high, "the problem of the unfit judge is a serious challenge to our judicial system." At that time I announced that the subcommittee was going to undertake an extensive study of the problems caused by disabled judges and by judges whose conduct fails to meet the standards of "good behavior" required by the Constitution. On February 15, 1966, the subcommittee held its first exploratory hearings on the sensitive subject of judicial fitness. Among the witnesses that first day was Bernard G. Segal, now president of the American Bar Association, and at that time chairman of its standing Committee on Judicial Selection, Tenure, and Compensation. Mr. Segal's testimony and that of other witnesses, Judge John Biggs and Joseph Borkin, author of "The Corrupt Judge," helped to dramatize the need for the study that the subcommittee had initiated and to give that study direction. Subsequently, in 1966, the subcommittee inquired into the manner in which the States deal with the unfit judge. These hearings concentrated on the New York Court of the Judiciary and the California Commission on Judicial Qualifications, both of which have had success in dealing with these sensitive problems. On February 28, 1968, after much further discussion, research and analysis, I introduced the Judicial Reform Act, S. 3055, 90th Congress, second session. The primary feature of the act is the establishment of a permanent Commission on Judicial Disabilities and Tenure, composed of five Federal judges and patterned after the successful California Commission on Judicial Qualifications. This commission would be empowered to effect the retirement of disabled judges and to recommend the removal by the Judicial Conference of Federal judges who violate the constitutional standard of "good behavior." Closely related to the removal provisions of the act are provisions dealing with judicial conflicts of interest and provisions requiring financial disclosure by Federal judges. During 1968, the subcommittee heard 6 days of testimony on the specific provisions of S. 3055. Those hearings produced important suggestions for improvements in the legislation, improvements that were incorporated in the revised act, introduced on March 12, 1969. The act is cosponsored by Senators Allen, Bellmon, Eagleton, Goodell, Hatfield, Hollings, Kennedy, Magnuson, Mondale, Muskie, Packwood, Pell, Scott, Stevens, and Yarborough. Although the Judicial Reform Act has had a long history, recent events have made its provisions seem particularly relevant. Sensitive to these problems, last year the American Bar Association began its own extensive inquiry into standards of judicial conduct. Moreover, the American Bar Association's Section on Judicial Administration and its Standing Committee on Judicial Selection, Tenure and Compensation both undertook studies of the provisions of the Judicial Reform Act. These studies both led to reports favorable to the basic principles of the act. On February 24, 1970, acting upon the report of the Section on Judicial Administration, the House of Delegates of the American Bar |