NCJ Number
58430
Journal
Judicature Volume: 63 Issue: 1 Dated: (JUNE/JULY 1979) Pages: 8-13
Date Published
1979
Length
6 pages
Annotation
THE FEDERAL COURTS IMPROVEMENT ACT (S678) DEALS WITH THE STRUCTURE AND OPERATIONS OF THE FEDERAL COURT SYSTEM AND IS DESIGNED TO IMPROVE LONG AND SHORT-TERM JUSTICE ADMINISTRATION.
Abstract
ONLY THREE TIMES IN AMERICAN HISTORY HAS THE CONGRESS DEALT COMPREHENSIVELY WITH THE FEDERAL COURT SYSTEM. THE PASSAGE OF S678 MARKS THE FOURTH TIME. PROPOSED TO DEAL WITH THE STRUCTURE AND OPERATIONS OF THE SYSTEM, S678 HAS 12 SECTIONS, EACH DEALING WITH A SPECIFIC COURT PROBLEM. THE BILL CREATES A NEW COURT OF TAX APPEALS TO DEAL EXCLUSIVELY WITH CIVIL TAX APPEALS. THE NEW COURT (SITTING FEDERAL JUDGES ASSIGNED TO THE COURT FOR A TERM OF 3 YEARS) WOULD PROVIDE EFFICIENCY AND CONSISTENCY IN TAX ISSUE DECISIONS. THE BILL WILL ALSO MERGE THE COURT OF CLAIMS AND THE COURT OF CUSTOMS AND PATENT APPEALS, AND GIVE THE MERGED COURT JURISDICTION OVER PATENT AND TRADEMARK APPEALS. THE BILL CREATES A DISCIPLINARY PROCEDURE FOR FEDERAL JUDGES, AN ALTERNATIVE AND PRELIMINARY STEP TO ACTUAL IMPEACHMENT AND TRIAL BY CONGRESS, AND CHANGES CERTAIN APPEAL PROCEDURES ON INTERLOCUTORY DECREES, THEREBY ALLOWING APPEALS ON ISSUES OF EXTRAORDINARY IMPORTANCE. OTHER PROVISIONS OF THE ACT PLACE LIMITS ON THE TENURE OF THE CHIEF JUDGE OF A FEDERAL DISTRICT COURT OR COURT OF APPEALS; CALL FOR CHANGES IN THE MEMBERSHIP AND STRUCTURE OF CIRCUIT JUDICIAL COUNCILS; FACILITATE TRANSFER OF CASES BEGUN IN THE WRONG FEDERAL COURT; CLARIFY RETIREMENT PROCEDURES; AND ESTABLISH PROCEDURES PERMITTING FEDERAL JUDGES TO SERVE IN CERTAIN ADMINISTRATIVE POSTS, INCLUDING ADMINISTRATIVE ASSISTANT TO THE CHIEF JUSTICE. THE ARTICLE CONTAINS TWO CHARTS. (KCP)