Judicial Improvements Bill Introduced in the Senate

Urging his colleagues to join him in support of proposed improvements to the federal court system, Senator Charles E. Grassley (R-IA) introduced S. 2915, the Federal Courts Improvement Act of 2000, just days before the August recess. The House passed its own version of the bill, H.R. 1752, in May.

Both bills include provisions that would give magistrate judges contempt authority; increase certain bankruptcy filing fees; allow participation of senior judges as members of the circuit judicial councils; raise the maximum case compensation amounts for Criminal Justice Act (CJA) attorneys; and give the Judiciary authority to set, collect, and retain fees to facilitate the electronic presentation of cases. Unlike the House bill, S. 2915 does not contain provisions on judges' firearms training or authority for the presiding judge to allow media coverage of court proceedings.

The Senate bill also would provide CJA panel attorneys with reimbursement for reasonable costs associated with defending against a malpractice claim by a CJA client. "The Judicial Conference has expressed to me their concern over a growing trend of Criminal Justice Act panel attorneys being subject to unfounded suits by the defendants they previously represented and the financial damage these attorneys have to deal with when they must pay to defend themselves in these action," said Grassley. "These unfair costs have the potential of having a chilling effect on the willingness of attorneys to participate as panel attorneys and will only make it more difficult to obtain adequate representation for defendants."

For Judiciary, Political Activities are Subject to Restrictions

It's an election year. Time to vote for your favorite candidate. But perhaps you'd also like to show your support by attending a few party rallies, or placing a campaign poster or two in your front yard? Not if you're a judicial branch employee. Almost all judicial employees are covered by Canon 5A of the Code of Conduct for Judicial Employees, which restricts them from these and other partisan political activities.

To begin with, all judicial em-ployees may exercise their rights as citizens, even in partisan elec-tions. That includes registering as a member of a political party, registering and voting in a primary or general election, and privately voicing opinions about partisan political candidates and parties.

Judicial employees also may engage in nonpartisan political activities, so long as they do not reflect adversely on the employee's court or office, interfere with official duties, take place on duty or in the employee's workplace, or involve the employee's use of any federal resources. Subject to these restrictions, judicial employees may run for local nonpartisan office, endorse or contribute to nonpartisan candidates, campaign for nonpartisan candidates and causes, and undertake similar nonpartisan activities.

However, employees should not

lead or hold office in a partisan political organization;
publicly endorse a candidate by attending a partisan political convention or rally or by authorizing use of the employee's name;
make speeches supporting or opposing a partisan organization or candidate;
initiate or circulate a nominating petition for a partisan election;
publicly display campaign posters, pictures, badges, buttons, or stickers for a partisan political candidate or organization;
solicit funds for or contribute to a partisan organization or candidate;
act as a recorder, watcher, challenger, or similar officer at the polls in a partisan political election; or
run for partisan political office.

Special restrictions apply to judicial employees who serve on judges' personal staff or as court unit heads. These employees should not engage in partisan or nonpartisan political activities.

For further guidance, judicial employees may consult the Code of Conduct for Judicial Employees, Canon 5; Advisory Opinion No. 92; and the Compendium of Se-lected Opinions, § 7 (1999). Questions also may be referred to the Judicial Conference Committee on Codes of Conduct or the General Counsel's Office, Administrative Office.