Saturday, August 20, 2011

Bell Transparency Act of 2011<< A Must Read

Transparency seems to be the key buzz word today. Please read and do pass on to others for the support of this proposed bill.
May you find Strength in Your Higher Power,
GranPa Chuck
Keeper of the web files for http://nfpcar.org
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PETITION FOR CHANGE Sign Petition here

Bell Transparency Act of 2011

_____th CONGRESS
______ Session
________________
A BILL

To amend title 28, United States Code, to provide for the detection and prevention of judicial misconduct. Providing for full powers of investigations, civil suit discovery and allowing citizens’ civil suits  to be filed against judicial officers of the Court – judges and law clerks, for a “finding” of wrongful conduct. Also to enable citizen suits against attorneys in their capacities as officers of the Court “during” a judicial process for damages, and to alleviate continuing damages when there is sufficient material facts in evidence of egregious “ongoing” wrongdoing by attorneys.
There are world wide web sites providing evidence of abuse to support that certain officers within the judicial system believe themselves to be above the law. It is time to pass laws to protect the Constitutional rights of citizens; holding judicial officers responsible, and mandating judicial transparency. The Bell Transparency Act of 2011 would enable citizens to file civil law suits against parties having committed wrongful acts, in a final effort to prevent inappropriate conduct in the Federal and State judiciaries. In accordance with the world wide documentation of complaints, clearly our judicial system is in need of a strict deterrent that will promote judicial responsibility.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend title 28, United States Code, to provide for the detection and prevention of judicial misconduct.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as the ‘Bell Judicial Transparency and Ethics Act of 2011.
SECTION 2. CREATION OF A CAUSE OF ACTION FOR A “FINDING” OF MISCONDUCT OF  A JUDGE
(a) Action By Judicial Conference- Part 1 Chapter 16, Section 355 of title 28, United States Code shall be amended by adding at the end the following:
“(c) If a complaint is dismissed the Judicial Conference shall certify and transmit the    determination and the record of proceedings to the complainant for whatever action complainant considers to be necessary.”
(b) Review of Orders and Actions, No Judicial Review – Part I Chapter 16, Section 357(c) of title 28, United States Code, is stricken in its entirety, and replaced by the following:
All orders and determinations, including denials of petitions for review, shall be judicially reviewable on appeal by the complainants Federal District Court upon filing of a Petition for Finding of Misconduct of a Judge under Part 5 Chapter 16 of title 28, United States Code.
(c) Restrictions – Part 1 Chapter 16, Section 359 of title 28, United States Code shall be amended by adding at the end the following:
(c)  No judge whose conduct is the subject of an investigation under this chapter shall continue to serve as judge on any case wherein the complainant is a party. All proceedings wherein the complainant is a party and the judge whose conduct is the subject of an investigation under this chapter is the judge shall be stayed until a final order or determination has been made.
(d) Reimbursement of Expenses – Part 1 Chapter 16, Section 361, of title 28, United States Code shall be amended by adding at the end the following:
(b) Upon the request of  a complainant under this chapter, the judicial council may, if the complaint has been substantiated under section 354 (a)(1)(C), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys’ fees, incurred by that complainant during the investigation, which would not have been incurred but for the requirements of this chapter. Upon an award of reimbursement the Director of the Administrative Office of the United States Courts shall require the judge whose conduct was the subject of the investigation to reimburse the Federal judiciary for all funds distributed to complainant.
(e) Particular Proceedings- Part 5 Chapter 16 of title 28, United States Code shall be amended by adding § 365 Proceedings for Finding of Misconduct of a Judge, so as to create a cause of action for a Finding of Misconduct of a Judge.
(f) Whistleblower protection – Part 1 Chapter 16 of title 28, United States Code shall be amended by adding at the end the following:
(a) In General- No officer, employee, agent, contractor or subcontractor in the Judicial Branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge or any other employee in the Judicial Branch.
(b) Civil Action- An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.’
(g) Particular Proceedings- Part 5 Chapter 16 of title 28, United States Code, Proceedings for Finding of Misconduct of a Judge shall be amended by adding:
(a) Proceedings for a Finding of Misconduct of a Judge under I Chapter 16, Section 357(c) of title 28, United States Code shall commence upon filing of a Petition for Finding of Misconduct of a Judge in Petitioner’s state or federal district Court and shall proceed pursuant to the Federal Rules of Civil Procedure, subject to section (b).
(b) Upon filing a Petition for a Finding of Misconduct of  Judge, Petitioner shall be granted the right to a jury trial.
(h) Clerical Amendment- The table of chapters for part I, Chapter 16, of title 28, United States Code, is amended by adding at the end the following new items:
§ 365. Proceedings for Finding of Misconduct of a Judge
§ 366. Whistleblower Protection
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Related Link>> Project:Transparency Hub