In May, Senator Orrin Hatch (R-UT), chair of the Senate Judiciary Committee, introduced S. 2396, the Federal Courts Improvement Bill. The Senate bill has a companion bill in the House, H.R. 1302, introduced last session. Hatch was joined by co-sponsors, Senators Patrick Leahy (D-VT), Saxby Chambliss (R-GA), Hillary Rodham Clinton (D-NY), Richard J. Durbin (D-IL) and Charles E. Schumer (D-NY).

"This bill contains both technical and substantive changes in the law," said Hatch. "These recommendations made by the judicial branch will improve the judicial process and enhance Judiciary personnel administration, benefits, and protections. Some proposals have been carried over from previous Congresses, but the legislation also contains some new proposals which the federal Judiciary believes will improve its operation. I appreciate the support of my cosponsors, and encourage the entire Senate to support this legislation."

Hatch noted the importance to the federal Judiciary of several bill provisions. For example, one among them would grant emergency authority for circuit, district, and bankruptcy courts, as well as magistrate judges, to conduct court proceedings outside the territorial jurisdiction of the court.

"The need for this legislation has become apparent following the terrorist attacks of September 11, 2001, and the impact of that disaster on court operations, in particular in New York City," said Hatch. "In emergency conditions, a Federal court facility in an adjoining district (or circuit) might be more readily and safely available to court personnel, litigants, jurors, and the public than a facility at a place of holding court within the district. This is particularly true in major metropolitan areas such as New York, Washington, D.C., Dallas and Kansas City, where the metropolitan area includes parts of more than one judicial district."

Other provisions of S. 2396 would:

• Grant the Director of the Administrative Office the authority to establish a "cafeteria-style" program of supplemental benefits for judicial officers and employees and to use Judiciary funds to pay for all or part of the supplemental benefits, such as dental and vision costs;


• Enact a new federal crime punishing any person who files a false lien or encumbrance against the property of any federal judge;


• Authorize a program allowing judicial law clerks to defer payment of principal and interest on federally insured loans during the period they serve as clerks;


• Extend the categories of borrowers eligible for student loan cancellation to include full-time federal defenders (federal prosecutors are already eligible);


• Shorten the number of days, from 30 to five, that a juror would be required to serve before becoming eligible for a supplemental daily attendance fee;


• Authorize bankruptcy administrators in the six districts in Alabama and North Carolina to appoint bankruptcy case trustees, standing trustees, examiners, and committees of creditors and equity security holders, and fix standing trustees' compensation and percentage fees (U.S. Trustees are authorized to perform these duties in all other districts);


• Implement Judicial Conference policy allowing courts, for cause, to authorize the redaction of personal identifiers from bankruptcy case files to protect a debtor, creditor, or other person from identity theft or other harm. These include a driver's license number, alien registration number, government passport number, unique biometric data, unique electronic information number, electronic address or routing code, and telecommunication identifying information or access device.


• Implement Judicial Conference policy that social security numbers be protected from public disclosure in court documents, by requiring only the last four digits of a taxpayer identification number to appear on the notice.


• Equalize disability retirement and cost-of-living adjustments for territorial judges with other non-Article III judges.


• Allow the Western District of Arkansas and the Eastern District of Texas to hold court anywhere within the federal courthouse in Texarkana that is located astride the state line between Texas and Arkansas.


• Permit bankruptcy and magistrate judges to obtain the same FEGLI premium benefits that are now enjoyed by Article III judges and the Article I judges of the U.S. Claims Court.