,,ii #aaith ,,congress #b;d ,session ,s4 #eadh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bh1 #bjbf,mr4 ,schmitt introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 concerning case assignment procedures for district and circuit courts to ensure randomized case assignments4 #a4 ,short title ,this ,act may be cited as the ,blocking ,overt ,attempts at ,shopping ,by ,enforcing ,randomization ,guidelines ,act or the ,,boasberg ,act4 #b4 ,purpose ,the purpose of this ,act is to promote confidence in the impartiality of the judiciary and prevent undue influence in the assignment of cases in the ,federal courts by mandating the courts implement processes to randomly assign cases amongst judges and reassign cases in limited circumstances following intervention by the ,supreme ,court of the ,united ,states4 #c4 ,randomized case assignments in district courts2 reassignment following supreme court intervention ,section #acg of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,random assignment of civil proceedings 7#a7 ,in general ,notwithstanding subsection 7a71 all district courts shall adopt and observe a rule mandating the random assignment of all civil cases4 ,the rule shall ensure that no party1 attorney1 or judge 7including a chief judge7 may select1 direct1 or influence the assignment of any case to a particular judge4 7#b7 ,exceptions ,a case may be reassigned from its randomly assigned judge only under the following circumstances3 7,a7 ,if the assigned judge is required to recuse or is otherwise disqualified under ,federal law or judicial ethics rules4 7,b7 ,if a case is substantially related to a currently pending case before another judge in the same district1 the assigned judge may1 at the discretion of that judge1 consolidate or reassign the case for judicial efficiency if the court issues a memorandum required under paragraph 7#e77;,b74 7,c7 ,if the chief judge of the district1 publicly and with the consent of a majority of active judges in the district1 certifies that for good cause and in the interest of docket efficiency a case needs to be reassigned from the randomly assigned judge1 provided that the reassignment is not based on the identity of the parties or attorneys involved or the nature or subject matter of the case4 7,d7 ,in a circumstance described in subsection 7d77#b74 7#c7 ,declining a case assignment ,a judge may not decline a case after the case has been randomly assigned to that judge4 ,a judge designated as the emergency on-call judge for a period may not decline a case assigned during that period4 7#d7 ,rules for chief judges ,a chief judge of a district court shall not self-assign cases outside the randomized process4 ,the chief judge of a district court shall not use the position of chief judge to influence the assignment of any case4 7#e7 ,transparency 7,a7 ,in general ,all district courts shall publicly post and disclose any rules1 orders1 policies1 or plans regarding the assignment of civil cases4 7,b7 ,memorandum ,in any civil case where a judge cannot be randomly assigned1 or a case is reassigned1 the district court shall publicly issue a memorandum indicating that fact and explaining why the case could not be randomly assigned or was reassigned4 7,c7 ,no posting of rules 7i7 ,in general ,to prevent circumvention of random case assignment1 district courts shall not publicly post or disclose any rules1 orders1 policies1 or plans regarding the identity of the judge on-call for emergencies4 7ii7 ,rule of construction ,nothing in this subparagraph shall be interpreted to limit the requirements of subparagraphs 7,b7 or 7,d74 7,d7 ,statistical report ,the clerk of the court shall annually publish a statistical report summarizing case assignments1 including reassignment rates and reasons for reassignments4 7#f7 ,protecting random assignment ,any attempt to manipulate or evade the randomized case assignment system shall be subject to-- 7,a7 in the case of offending conduct by a lawyer1 sanctions1 including potential case dismissal or disciplinary action2 7,b7 in the case of offending conduct by a judge1 the judicial misconduct process2 or 7,c7 in the case of offending conduct by a court employee1 disciplinary action1 including potential termination of employment4 7#g7 ,senior judges ,case assignments for senior judges shall be random to the greatest extent possible4 ,nothing in this section shall be construed to impede the assignment of cases to senior judges4 7#h7 ,rules of construction ,nothing in this subsection shall be construed-- 7,a7 to prevent district courts from assigning cases filed within a division to #a or more judges2 or 7,b7 to affect the ability of a senior judge to take on a reduced caseload4 7d7 ,reassignment after erroneous rulings 7#a7 ,in general ,notwithstanding any other requirement1 in any circumstance described in paragraph 7#b71 a case or controversy shall be reassigned1 through a random assignment process1 from the assigned district judge to another district judge within the district4 ,if no such judge is available in the same district1 the case or controversy shall be reassigned1 through a random assignment process1 to another available district judge within the circuit1 to the extent practicable and consistent with applicable law4 7#b7 ,circumstances described ,the circumstances described in this paragraph are circumstances in which the ,supreme ,court of the ,united ,states-- 7,a7 vacates or reverses1 in whole or in part1 the judgment of the district court2 7,b7 vacates or reverses1 in whole or in part1 an injunction granted by the district court2 7,c7 vacates or reverses1 in whole or in part1 the judgment of the court of appeals that affirmed the district court in relevant part2 7,d7 issues an extraordinary writ authorized by section #afea in the case2 7,e7 issues a stay 7other than an administrative stay7 of an order of the district court2 7,f7 issues an injunction where the district court had declined to issue such an injunction2 7,g7 issues a writ of prohibition or mandamus involving the assigned district judge related to the case2 7,h7 issues a writ of habeas corpus where the district court declined to issue such a writ and the prisoner is a ,federal officer described in section #addb4 4 #d4 ,randomized panel and case assignments in the circuit courts ,section #df7;b7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking 7b7 ,in and inserting the following3 7b7 7#a7 ,in 2 and 7#b7 by striking the third sentence and all that follows through the end and inserting the following3 7#b7 ,in each circuit1 the court shall adopt and observe a rule providing for the random assignment of judges to such panels4 ,the rule shall ensure that no party1 attorney1 or judge 7including a chief judge7 may select1 direct1 or influence the assignment of any judge to a particular panel4 7#c7 ,in each circuit1 the court shall adopt and observe a rule providing for the random assignment of such panels to cases and controversies4 ,the rule shall ensure that no party1 attorney1 or judge may select1 direct1 or influence the assignment of any panel to a particular case or controversy4 7#d7 ,a judge may be reassigned from a randomly assigned panel1 and a panel may be reassigned from a randomly assigned case or controversy1 only under the following circumstances3 7,a7 ,if an assigned judge is required to recuse or is otherwise disqualified under ,federal law or judicial ethics rules4 7,b7 ,if a case or controversy is substantially related to a currently pending case or controversy before another panel in the circuit1 that panel may1 at its discretion1 consolidate or reassign the case for judicial efficiency4 7,c7 ,if the chief judge of the circuit1 publicly and with the consent of a majority of active judges in the circuit1 certifies that for good cause and in the interest of docket efficiency a case needs to be reassigned from the randomly assigned panel1 provided that such reassignment is not based on the identity of the parties or attorneys involved or the nature or subject matter of the case4 7#e7 ,notwithstanding anything in this subsection to the contrary1 the ,united ,states ,court of ,appeals for the ,federal ,circuit shall determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and1 notwithstanding the first sentence of this subsection1 may determine by rule the number of judges1 not fewer than three1 who constitute a panel4 7#f7 ,a judge may not decline an assignment to a panel1 and a panel may not decline an assignment to a case or controversy1 after the relevant random assignment process4 ,a judge assigned as an emergency on-call judge or to an emergency on-call panel for a period shall not decline a case during that period4 ,a panel assigned to be on-call for emergencies for a period shall not decline a case during that period4 ,nothing in this paragraph shall be construed to affect the ability of a senior judge to take on a reduced caseload4 7#g7 ,a chief judge of a circuit shall not self-assign to a panel1 or self-assign a panel on which he or she sits to a case or controversy1 outside the randomized process4 ,the chief judge of a circuit shall not use the position of chief judge to influence the assignment of any judge to a panel or any panel to any case or controversy4 7#h7 7,a7 ,all circuit courts shall publicly post and disclose any rules1 orders1 policies1 or plans regarding the assignment of civil cases4 7,b7 ,in any civil case where a judge cannot be randomly assigned to a panel or a panel cannot be randomly assigned to a case or controversy1 or where a judge is reassigned from a panel or a panel is reassigned from a case or controversy1 the circuit court shall publicly issue a memorandum indicating that fact and explaining why the judge1 panel1 or case could not be randomly assigned or was reassigned4 7,c7 7i7 ,to prevent circumvention of random panel and case assignment1 circuit courts shall not publicly post or disclose any rules1 orders1 policies1 or plans regarding the identity of the judges or panel on-call for emergencies4 7ii7 ,this subparagraph shall not be interpreted to limit the requirements of subparagraphs 7,b7 or 7,d74 7,d7 ,the clerk of the court shall annually publish a statistical report summarizing case assignments1 including reassignment rates and reasons for reassignments4 7#i7 ,any attempt to manipulate or evade the randomized case assignment system shall be subject to-- 7,a7 in the case of offending conduct by a lawyer1 sanctions1 including potential case dismissal or disciplinary action2 7,b7 in the case of offending conduct by a judge1 the judicial misconduct process2 or 7,c7 in the case of offending conduct by a court employee1 disciplinary action1 including potential termination of employment4 7#aj7 ,panel assignments for senior judges shall be random to the greatest extent possible4 ,nothing in this section shall be construed to impede the assignment of senior judges to panels4 4 7#aa7 7,a7 ,nothing in this subsection shall be construed to prohibit a court of appeals from maintaining separate randomized procedures for merits panels1 motions panels1 emergency panels1 screening panels1 or other categories of appellate business4 7,b7 ,the procedures described in subparagraph 7,a7 shall prohibit any party1 attorney1 or judge from selecting1 directing1 or influencing the assignment of a particular judge or panel to a particular case or controversy4 4 #e4 ,random assignment to three-judge district courts 7a7 ,in general ,chapter #aee1 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in section #bbhd7;b77#a71 in the first sentence1 by striking designate two other judges1 at least one of whom shall be a circuit judge and inserting cause two other judges1 at least one of whom shall be a circuit judge1 to be designated through the random assignment or designation process required under section #bbhe2 and 7#b7 by adding at the end the following3 #bbhe4 ,random assignment and designation for three-judge district courts 7a7 ,in general ,in each circuit1 the court shall adopt and observe a rule providing for the random assignment or designation of judges from the relevant pools of district and circuit judges to three-judge district courts in any action required to be heard and determined by a district court of three judges4 ,the rule shall ensure that no party1 attorney1 or judge 7including a chief judge7 may select1 direct1 or influence the assignment of any judge to a particular three-judge court4 7b7 ,exceptions ,a judge may be reassigned or redesignated from a randomly assigned or designated three-judge district court only under the following circumstances3 7#a7 ,if an assigned or designated judge is required to recuse or is otherwise disqualified under ,federal law or judicial ethics rules4 7#b7 ,if a case or controversy is substantially related to a currently pending case or controversy before another three-judge court in the circuit1 that three-judge court may1 at its discretion1 consolidate or reassign the case for judicial efficiency4 7#c7 ,if the chief judge of the circuit1 publicly and with the consent of a majority of active judges in the circuit1 certifies that for good cause and in the interest of docket efficiency a judge needs to be reassigned or redesignated from the randomly assigned or designated court1 provided that such reassignment or redesignation is not based on the identity of the parties or attorneys involved or the nature or subject matter of the case4 7c7 ,declining panel or case assignments ,a judge may not decline an assignment or designation to a three-judge district court after the random assignment or designation process4 ,nothing in this subsection shall be construed to affect the ability of a senior judge to take on a reduced caseload4 7d7 ,rules for chief judges ,a chief judge shall not self-assign or self-designate to a three-judge district court outside the randomized process4 ,a chief judge shall not use the position of chief judge to influence the assignment or designation of any judge to a three-judge district court4 7e7 ,transparency 7#a7 ,in general ,all circuit courts shall publicly post and disclose any rules1 orders1 policies1 or plans regarding the random assignment or designation of judges to three-judge district courts4 7#b7 ,memorandum ,in any civil case where judges cannot be randomly assigned or designated to a three-judge district court1 or where a judge is reassigned or redesignated from a three-judge district court or a three-judge district court is reassigned or redesignated from a case or controversy1 the circuit court shall publicly issue a memorandum indicating that fact and explaining why the judge1 three-judge district court1 or case could not be randomly assigned or designated1 or was reassigned or redesignated4 7#c7 ,report ,the clerk of the court shall annually publish a statistical report summarizing three-judge district court assignments and designations1 including reassignment or redesignation rates and reasons for reassignments or redesignations4 7f7 ,protecting random assignment ,any attempt to manipulate or evade the randomized assignment or designation system shall be subject to-- 7#a7 in the case of offending conduct by a lawyer1 sanctions1 including potential case dismissal or disciplinary action2 7#b7 in the case of offending conduct by a judge1 the judicial misconduct process2 or 7#c7 in the case of offending conduct by a court employee1 disciplinary action1 including potential termination of employment4 7g7 ,senior judges ,three-judge district court assignments or designations for senior judges shall be random to the greatest extent possible4 ,nothing in this section shall be construed to impede the assignment or designation of senior judges to three-judge district courts4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aee is amended by adding at the end the following3 #bbhe4 ,random assignment and designation for three-judge district courts4 4 #f4 ,implementation ,not later than #abj days after the date of enactment of this ,act1 the district courts of the ,united ,states and the courts of appeals of the ,united ,states shall promulgate the rules required by the amendments made by this ,act4 #g4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such a provision or amendment to any particular person or circumstance is held invalid1 the remaining provisions of this ,act and amendments made by this ,act1 and the application of such provisions and amendments to any other person or circumstance1 shall not be affected thereby4