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SCOTUSBill

SCOTUSBill

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Published by mmcauliff

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Published by: mmcauliff on Mar 01, 2011
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.....................................................................(Original Signature of Member)
112
TH
CONGRESS1
ST
S
ESSION
 
H. R.
ll 
To apply to the justices of the Supreme Court the Code of Conduct forUnited States Judges, to establish certain procedures with respect tothe recusal of justices, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. M
URPHY
of Connecticut introduced the following bill; which was referredto the Committee on
llllllllllllll 
A BILL
To apply to the justices of the Supreme Court the Codeof Conduct for United States Judges, to establish certainprocedures with respect to the recusal of justices, andfor other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Supreme Court Trans-
4
parency and Disclosure Act of 2011’’.
5
VerDate Nov 24 2008 14:16 Feb 28, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\DOCUMENTS AND SETTINGS\SLSTROKOFF\APPLICATION DATA\SOFTQUAD\XMET
February 28, 2011 (2:16 p.m.)
F:\M12\MURPCT\MURPCT_012.XML
f:\VHLC\022811\022811.116.xml           (487041|5)
 
2
SEC. 2. CODE OF CONDUCT.
1
(a) A 
PPLICABILITY
. The Code of Conduct for
2
United States Judges adopted by the Judicial Conference
3
of the United States shall apply to the justices of the
4
United States Supreme Court to the same extent as such
5
Code applies to circuit and district judges.
6
(b) E
NFORCEMENT
.The Judicial Conference shall
7
establish procedures, modeled after the procedures set
8
forth in chapter 16 of title 28, United States Code, under
9
which
10
(1) complaints alleging that a justice of the Su-
11
preme Court has violated the Code of Conduct re-
12
ferred to in subsection (a) may be filed with or iden-
13
tified by the Conference;
14
(2) such complaints are reviewed and inves-
15
tigated by the Conference; and
16
(3) further action, where appropriate, is taken
17
by the Conference, with respect to such complaints.
18
(c) S
UBMISSION TO
C
ONGRESS
; E
FFECTIVE
D
ATE
.
19
(1) S
UBMISSION TO CONGRESS
.The Judicial
20
Conference shall, not later than the 180th day after
21
the date of the enactment of this Act, submit to
22
Congress the procedures established under sub-
23
section (b).
24
VerDate Nov 24 2008 14:16 Feb 28, 2011 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\DOCUMENTS AND SETTINGS\SLSTROKOFF\APPLICATION DATA\SOFTQUAD\XMET
February 28, 2011 (2:16 p.m.)
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f:\VHLC\022811\022811.116.xml           (487041|5)
 
3(2) E
FFECTIVE DATE
.Such procedures shall
1
take effect upon the expiration of the 270-day period
2
beginning on the date of the enactment of this Act.
3
SEC. 3. RECUSAL OF JUSTICES.
4
(a) D
ISCLOSURES BY
J
USTICES
.
5
(1) S
ELF DISQUALIFICATION
.In any case in
6
which a justice of the Supreme Court disqualifies
7
himself or herself in a proceeding under section 455
8
of title 28, United States Code, the justice shall dis-
9
close in the public record of the proceeding the rea-
10
sons for the disqualification.
11
(2) D
ENIAL OF DISQUALIFICATION MOTION
.If 
12
a justice of the Supreme Court denies a motion
13
brought by a party to a proceeding before the Court
14
that the justice should be disqualified in the pro-
15
ceeding under section 455 of such title, the justice
16
shall disclose in the public record of the proceeding
17
the reasons for the denial of the motion.
18
(b) P
ROCESS FOR
D
ETERMINING
R
ECUSAL
.The
19
Judicial Conference of the United States shall establish
20
a process under which, if a disqualification motion has
21
been denied as described in subsection (a)(2) and the
22
party making the motion seeks further review of the mo-
23
tion, other justices or judges of a court of the United
24
States (as defined in section 451 of title 28, United States
25
VerDate Nov 24 2008 14:16 Feb 28, 2011 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\DOCUMENTS AND SETTINGS\SLSTROKOFF\APPLICATION DATA\SOFTQUAD\XMET
February 28, 2011 (2:16 p.m.)
F:\M12\MURPCT\MURPCT_012.XML
f:\VHLC\022811\022811.116.xml           (487041|5)

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