legislation: 97-s-3018
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 97-s-3018 | 97 | s | 3018 | Judicial Reform Act of 1982 | Law | 1982-10-01 | 1982-10-14 | Referred to Subcommittee on Separation of Powers. | Senate | Sen. East, John P. [R-NC] | NC | R | E000017 | 0 | Judicial Reform Act of 1982 - Title I: Court Procedures - Part A: Incorporation Doctrine - Amends the Federal judicial code to prohibit the Supreme Court from reviewing, by appeal, writ or certiorari, or otherwise, any case in which any party claims the abridgement by a State, or by any political subdivision of a State, of any right secured by the first eight amendments to the Constitution. Prohibits district court jurisdiction of any case of which the Supreme Court does not have jurisdiction under the preceding sentence. Part B: Exclusionary Rule - Provides that evidence otherwise admissible in a Federal criminal proceeding shall not be excluded on the grounds that such evidence was obtained in violation of the fourth amendment to the Constitution. Provides a court of the United States with power to punish by fine or imprisonment, at its discretion, such contempt of the Constitution of the United States and none other, as any search or seizure in violation of the fourth amendment to the Constitution of the United States, if such search or seizure involves the subject of a criminal proceeding before such court. Part C: Habeas Corpus - Requires the Supreme Court, a circuit judge, or district court to entertain an application for a writ of habeas corpus on behalf of a person in custody pursuant to a State court judgment only on a ground which presents a substantial Federal constitutional question, and then only if: (1) it was not previously raised and determined; (2) there has been no fair and adequate opportunity to raise it and have it determined; and (3) it cannot thereafter be raised and determined in a State court proceeding, by an order or judgment subject to review by the Supreme Court on a writ of certiorari. Part D: Federal Civil Rights Litigation - Makes any individual who, under color of any statute, ordinance, regulation, custom, or usage, of any State, subjects any other individual to the deprivation of any rights, privileges, or immunities secured by the Constitution or any Act of Congress providing equal rights, liable to the party injured, if State law does not provide an adequate remedy. Part E: Attorneys Fees - Eliminates provisions under the civil rights laws which authorized (under the Civil Rights Attorney's Fees Awards Act of 1976) a reasonable attorney's fee as part of the prevailing party's costs. Part F: General Federal Question Jurisdiction - Repeals provisions giving district courts original jurisdiction in all civil matters arising under the Constitution, laws, or treaties of the United States. Part G: Implied Causes of Action - Prohibits any Act of Congress from being construed to grant to any party any cause of action at law or in equity unless that Act expressly grants such a cause of action. Part H: Injunctions Against States - Prohibits an interlocutory or permanent injunction directed against a State or any officer or any agency of a State from being granted by any district judge or district court, unless the application is heard and determined by a district court of three judges. Part I: Class Actions - Amends the Federal Rules of Civil Procedure to require that a class action, in addition to the present requirements, may be maintained if the prosecution of separate actions by or against individual members of the class would create a risk of: (1) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (2) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests. Title II: Judgeships - Part A: Oversight of Judiciary - Creates a Joint Committee of Judicial Conduct consisting of five members from the Senate and five from the House of Representatives. Directs the Committee to review the official conduct including the decisions of Federal judges and to report the results to Congress, including recommended articles of impeachment if the Committee determines that the conduct of a judge fails to meet the standard of good behavior. Requires the conduct of each judge to be reviewed every ten years. Directs the Judicial Conference of the United States to make a comprehensive survey of the condition of business in U.S. courts, prepare plans for the assignment of judges to or from circuits or districts where necessary, and submit suggestions to various courts, in the interest of uniformity and expedition of business. Directs the chief of each circuit to call, at least twice a year, a council of the circuit judges for the circuit (currently such council includes district judges). Repeals present provisions authorizing the investigation of any judge or magistrate upon the filing of a complaint with the court of appeals for a circuit. Part B: Territorial Distribution of Supreme Court Members - Expresses the sense of the Senate that, except with respect to the Chief Justice, when a vacancy arises in the Supreme Court the President should appoint an individual to fill such vacancy who has resided for at least the preceding five years either in the circuit to which his or her predecessor was allotted, or should the predecessor have been allotted to more than one circuit, in one of the circuits to which the predecessor was allotted. Part C: Presidential Appointment of United States Magistrates - Directs the President, with the advice and consent of the Senate, to appoint U.S. magistrates. | 2026-01-07T14:44:51Z |