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SCOTUSBill

SCOTUSBill

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Published by: mmcauliff on Mar 01, 2011
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..................................................................... (Original Signature of Member)

112TH CONGRESS 1ST SESSION

H. R. ll

To apply to the justices of the Supreme Court the Code of Conduct for United States Judges, to establish certain procedures with respect to the recusal of justices, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Mr. MURPHY of Connecticut introduced the following bill; which was referred to the Committee on llllllllllllll

A BILL
To apply to the justices of the Supreme Court the Code of Conduct for United States Judges, to establish certain procedures with respect to the recusal of justices, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Supreme Court Trans-

5 parency and Disclosure Act of 2011’’.

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2 1 2
SEC. 2. CODE OF CONDUCT.

(a) APPLICABILITY.— The Code of Conduct for

3 United States Judges adopted by the Judicial Conference 4 of the United States shall apply to the justices of the 5 United States Supreme Court to the same extent as such 6 Code applies to circuit and district judges. 7 (b) ENFORCEMENT.—The Judicial Conference shall

8 establish procedures, modeled after the procedures set 9 forth in chapter 16 of title 28, United States Code, under 10 which— 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) complaints alleging that a justice of the Supreme Court has violated the Code of Conduct referred to in subsection (a) may be filed with or identified by the Conference; (2) such complaints are reviewed and investigated by the Conference; and (3) further action, where appropriate, is taken by the Conference, with respect to such complaints. (c) SUBMISSION
TO

CONGRESS; EFFECTIVE DATE.—
TO CONGRESS.—The

(1) SUBMISSION

Judicial

Conference shall, not later than the 180th day after the date of the enactment of this Act, submit to Congress the procedures established under subsection (b).

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (2) EFFECTIVE
DATE.—Such

procedures shall

take effect upon the expiration of the 270-day period beginning on the date of the enactment of this Act.
SEC. 3. RECUSAL OF JUSTICES.

(a) DISCLOSURES BY JUSTICES.— (1) SELF
DISQUALIFICATION.—In

any case in

which a justice of the Supreme Court disqualifies himself or herself in a proceeding under section 455 of title 28, United States Code, the justice shall disclose in the public record of the proceeding the reasons for the disqualification. (2) DENIAL
OF DISQUALIFICATION MOTION.—If

a justice of the Supreme Court denies a motion brought by a party to a proceeding before the Court that the justice should be disqualified in the proceeding under section 455 of such title, the justice shall disclose in the public record of the proceeding the reasons for the denial of the motion. (b) PROCESS
FOR

DETERMINING RECUSAL.—The

20 Judicial Conference of the United States shall establish 21 a process under which, if a disqualification motion has 22 been denied as described in subsection (a)(2) and the 23 party making the motion seeks further review of the mo24 tion, other justices or judges of a court of the United 25 States (as defined in section 451 of title 28, United States

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4 1 Code), among whom retired justices and senior judges eli2 gible for assignment under section 294 of title 28, United 3 States Code, may be included, shall decide whether the 4 justice with respect to whom the motion is made should 5 be so disqualified. 6 7 8 9 10 11 12 13 14 15 (c) SUBMISSION
TO

CONGRESS; EFFECTIVE DATE.—
TO CONGRESS.—The

(1) SUBMISSION

Judicial

Conference shall, not later than the 180th day after the date of the enactment of this Act, submit to Congress the process established under subsection (b). (2) EFFECTIVE
DATE.—Such

process shall take

effect upon the expiration of the 270-day period beginning on the date of the enactment of this Act. (d) .—

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