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Donate NowH.R.2898 - Judicial Conduct Act of 2007
To amend title 28, United States Code, to establish standards for impeachment of justices and judges of the United States.

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HR 2898 IHCommentsClose CommentsPermalink
To amend title 28, United States Code, to establish standards for impeachment of justices and judges of the United States.CommentsClose CommentsPermalink
June 28, 2007
Mr. AKIN (for himself, Mr. DOOLITTLE, Mr. MARCHANT, Mr. CHABOT, Mr. GARRETT of New Jersey, Mr. CULBERSON, Mr. WILSON of South Carolina, Mr. POE, Mr. FRANKS of Arizona, Mr. SAM JOHNSON of Texas, Mr. PITTS, Mr. KING of Iowa, Mr. GINGREY, Mr. MCHENRY, Mr. KINGSTON, Mr. NEUGEBAUER, and Mrs. DRAKE) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
To amend title 28, United States Code, to establish standards for impeachment of justices and judges of the United States.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the `Judicial Conduct Act of 2007'.CommentsClose CommentsPermalink
SEC. 2. STANDARDS FOR IMPEACHMENT OF JUSTICES AND JUDGES.
(a) In General- Chapter 16 of title 28, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 365. Standards for impeachment
`(a) Constitutional Basis-CommentsClose CommentsPermalink
`(1) ARTICLE II, SECTION 4- A justice or judge of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors, as provided in Article II, section 4 of the United States Constitution.CommentsClose CommentsPermalink
`(2) ARTICLE III, SECTION 1- A justice or judge of the United States shall hold the office during good behavior as provided in Article III, section 1 of the United States Constitution. A justice or judge failing to act during good behavior shall be removed from office.CommentsClose CommentsPermalink
`(b) Definitions- In this section:CommentsClose CommentsPermalink
`(1) The term `treason' means levying war against the United States or in adhering to its enemies, giving them aid and comfort.CommentsClose CommentsPermalink
`(2) The term `bribery' means offering, giving, receiving, or soliciting something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties.CommentsClose CommentsPermalink
`(3) The term `other high crimes and misdemeanors' means, with respect to a justice or judge, any act of misbehavior or misconduct by such justice or judge, which evidences an unfitness for the bench, including, but not limited to, the following:CommentsClose CommentsPermalink
`(A) Any criminal offense punishable by death or imprisonment for a term exceeding one year.CommentsClose CommentsPermalink
`(B) Usurpation of power, including the entering or enforcement of orders or decisions based on powers reserved to the Congress under Article I of the United States Constitution.CommentsClose CommentsPermalink
`(C) Unblushing or notorious partiality or favoritism.CommentsClose CommentsPermalink
`(D) Disgraceful or indecent behavior.CommentsClose CommentsPermalink
`(E) Using the office for personal ends.CommentsClose CommentsPermalink
`(F) Entering or enforcement of orders or decisions beyond the jurisdiction of the court in which the justice or judge serves.CommentsClose CommentsPermalink
`(G) Entering or enforcement of orders or decisions based on judgments, laws, agreements, or pronouncements of foreign institutions, governments, or multilateral organizations, other than orders or decisions based on the common law of the United Kingdom.CommentsClose CommentsPermalink
`(H) Entering or enforcement of orders or decisions that conflict with or are inconsistent with the text of the United States Constitution.CommentsClose CommentsPermalink
`(I) Entering or enforcement of orders or decisions based on precedent from previous Federal court decisions that conflict with or are inconsistent with the text of the United States Constitution.CommentsClose CommentsPermalink
`(4) The term `failing to act during good behavior' includes committing an act of treason, bribery, or any of the other high crimes and misdemeanors.CommentsClose CommentsPermalink
`(5) The term `multilateral organization' means an international institution of which the governments of countries are members, including, but not limited to, the International Bank for Reconstruction and Development, the International Monetary Fund, the United Nations and its agencies, the Organization for Economic Cooperation and Development, and the European Union.CommentsClose CommentsPermalink
`(c) Precedence Preserved- Nothing in this section shall be construed to limit or replace a basis for impeachment accepted before the enactment of this section.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of sections for chapter 16 of title 28, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`365. Standards for impeachment.'.CommentsClose CommentsPermalink
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U.S. Congress - Text of H.R.2898 as Introduced in House Judicial Conduct Act of 2007



