Summary: S.1284 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (11/19/1991)

Makes technical corrections to the Judicial Improvements Act of 1990.

Extends to retired justices of the U.S. Supreme Court the exemption for teaching income from the requirement that outside income for a judge may not exceed 15 percent of his or her annual salary.

Specifies that if a U.S. claims court judge separates from Government service and has a Thrift Savings Plan balance of $3,500 or less, the Executive Director of the Thrift Board may send such judge his or her nonforfeitable account balance in a single payment unless the judge elects another option.

Extends until March 31, 1993 (currently, 1992) the deadline for a report by the Judicial Conference on implementation of the Criminal Justice Act program.

Amends the Federal judicial code to provide that the filing of a notice of (currently, petition for) removal of a criminal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded (currently, petition is first denied).

Revises provisions with respect to the time for appeal to the court of appeals. Authorizes the district court: (1) upon motion filed within 30 days after the expiration of the time otherwise set for bringing appeal, to extend the time for appeal upon a showing of excusable neglect or good cause; and (2) if it finds that a party entitled to notice of the entry of a judgment or order did not receive such notice from the clerk or any party within 21 days of its entry and that no party would be prejudiced, upon motion filed within 180 days after entry of the judgment or order or within seven days after receipt of such notice, whichever is earlier, to reopen the time for appeal for a period of 14 days from the date of entry of the order reopening the time for appeal. (Current law provides that in any action, suit or proceeding in admiralty, the notice of appeal shall be filed within 90 days after the entry of the order, judgment, or decree appealed from, if it is a final decision, and within 15 days after its entry if it is an interlocutory decree; and authorizes the district court to extend the time for appeal for up to 30 days, upon a showing of excusable neglect based on failure of a party to learn of the entry of the judgment, order, or decree.)