mutual-flourishing/ADPA/bills/JFCEPA.md

Judicial Fairness & Court Expansion Prevention Act (JFCEPA)

118th Congress, 2nd Session
H.R. _____ / S. _____

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A BILL

To safeguard the independence and integrity of the federal judiciary by preventing court manipulation, establishing clear ethical guidelines, and ensuring fair judicial processes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1: Purpose and Findings

1.1 Purpose

To safeguard the independence and integrity of the federal judiciary by preventing court manipulation, establishing clear ethical guidelines, and ensuring fair judicial processes.

1.2 Congressional Findings

Congress finds that:

• The integrity of the federal judiciary is essential to American democracy
• Political manipulation of court composition threatens judicial independence
• Clear ethical standards are necessary for maintaining public trust
• Term limits can prevent excessive concentration of power

Section 2: Supreme Court Composition and Terms

2.0 Constitutional Alignment

• This Act shall be interpreted in harmony with Article III of the Constitution
• Term limits shall be implemented through senior status incentives rather than mandatory retirement
• Nothing in this Act shall impair the Constitution's "good behavior" standard

2.1 Court Size Protection

• The Supreme Court shall consist of nine (9) Justices
• Any change to this number requires:
  • Two-thirds majority vote in both houses of Congress
  • Public hearings with expert testimony
  • 180-day waiting period before implementation

2.2 Term Limit Implementation Framework

Constitutional Amendment Pathway:

• This Act includes a proposed constitutional amendment (Section 11) to implement term limits
• Until amendment ratification, incentive-based system applies:

Interim Incentive System (Pre-Amendment):

• After 18 years of active service, Justices may elect senior status with:
  • Continued full salary and benefits
  • Option to serve on lower courts
  • Retention of chambers and staff
  • Additional compensation incentives for transition

Post-Amendment Implementation:

• Supreme Court Justices shall serve 18-year terms
• Terms shall be staggered, with one seat opening every two years
• After term completion, Justices may serve on lower federal courts
• Current Justices grandfathered with transition incentives

Mid-term Vacancies:

• Replacement Justice serves remainder of the term
• Time served completing another Justice's term doesn't count toward their own 18-year term

Emergency Provisions:

• Temporary recall of senior Justices permitted for recusal situations
• Acting appointments allowed during prolonged confirmation processes

Section 3: Judicial Ethics and Accountability

3.1 Financial Disclosure

• Annual comprehensive financial disclosures required for all federal judges
• Disclosure must include:
  • All investments and business interests
  • Speaking fees and book revenues
  • Gifts valued over $250
  • Travel paid by third parties
• Disclosures shall be publicly accessible online

3.2 Recusal Guidelines

Judges should recuse themselves when:

3.2.1 Financial Interests

• Direct ownership of company stock exceeding $50,000
• Indirect ownership through mutual funds when:
  • The fund is sector-specific
  • The affected company comprises >5% of the fund
• Cryptocurrency or digital assets valued over $50,000 in affected platforms

3.2.2 Personal and Professional Connections

• They have financial interests exceeding $5,000 in affected companies
• They or immediate family members have received gifts from involved parties
• They have previously worked on the case in any capacity
• They have made public statements prejudging the specific case
• They have family members working for parties in the case

3.3 Ethics Enforcement

• Creates Independent Judicial Ethics Review Board
• Board composition:
  • Equal representation from both major political parties
  • Ethics experts and former judges
  • Public members
• Authority to investigate complaints and recommend sanctions

Section 4: Lower Court Protections

4.1 Circuit Court Expansion Controls

• Changes to circuit court composition require:
  • Documented necessity based on caseload
  • Approval by Judicial Conference
  • Three-fifths majority in Congress

4.2 District Court Standards

• New judgeships must be based on:
  • Population changes
  • Case filing statistics
  • Administrative Office recommendations
• Political considerations prohibited in determining new seats

Section 5: Judicial Selection Process

5.1 Nomination Requirements

• Nominees must have:
  • Minimum 12 years legal experience
  • Active bar membership
  • No ethics violations in past 10 years
• White House must consider recommendations from:
  • American Bar Association
  • State bar associations
  • Law school deans

5.2 Confirmation Process

• Mandatory minimum 60-day review period
• Public release of:
  • Complete employment history
  • Writing samples
  • Previous judicial decisions
  • Speaking engagements
• Required public hearings with witness testimony
• Ethics review by Independent Ethics Board

Section 6: Transparency Measures

6.1 Court Proceedings

• Supreme Court must provide live audio of all arguments
• Video recording permitted with Court approval
• All opinions must be publicly released within 24 hours
• Detailed voting records must be maintained

6.2 Public Access

• Creation of user-friendly court database
• Free public access to all court documents
• Plain language summaries of major decisions
• Regular public reports on court operations

Section 7: Enforcement

7.1 Violations and Penalties

7.1.1 Minor Violations

• Late filing of financial disclosures
  • First offense: Written warning
  • Subsequent offenses: Fines up to $10,000
• Inadvertent conflicts
  • Mandatory disclosure
  • Case reassignment when necessary

7.1.2 Major Violations

• Willful concealment of conflicts
• Intentional violation of recusal requirements
• Abuse of judicial power Penalties may include:
• Referral for impeachment
• Criminal prosecution where applicable
• Public censure

7.1.3 Post-Service Oversight

• Ethics requirements extend 2 years after leaving bench
• Financial disclosure requirements continue 1 year after service
• Speaking fees and book deals subject to review for 5 years
• Willful violations constitute grounds for:
  • Judicial discipline
  • Potential removal
  • Criminal penalties where applicable

7.2 Reporting

• Annual compliance reports to Congress
• Public whistleblower hotline
• Protected status for those reporting violations

Section 8: Implementation

8.1 Timeline

• Ethics provisions effective within 90 days
• Term limits begin with next vacancy
• Technology updates within one year
• Full implementation within two years

8.2 Funding

• Dedicated funding for:
  • Ethics Board operations
  • Technology upgrades
  • Public access systems
  • Training programs

Section 9: Severability

If any provision is held invalid, the remainder of the Act shall remain in effect.

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Section 10: Enhanced Judicial Security

10.1 Comprehensive Threat Assessment

• Advanced threat assessment protocols for all federal judges
• AI-powered threat detection systems
• Regular security briefings for judicial personnel
• Coordination with federal law enforcement for threat response

10.2 Family Protection Programs

• Extended security coverage for immediate family members
• Secure transportation services for threatened judges
• Emergency relocation assistance for judicial families
• Anonymous housing programs for high-risk situations

10.3 Cybersecurity Requirements

• Mandatory cybersecurity training for all judicial personnel
• Encrypted communication systems for judicial business
• Regular cybersecurity audits of court systems
• Incident response protocols for cyber attacks

10.4 Forum Shopping Prevention

• Randomized case assignment algorithms to prevent manipulation
• Penalties for attorneys who engage in forum shopping
• Restrictions on venue transfers for non-legitimate reasons
• Monitoring system for unusual case assignment patterns

Section 11: Constitutional Amendment for Judicial Term Limits

11.1 Proposed Constitutional Amendment

The following amendment to the Constitution is hereby proposed and shall be submitted to the states for ratification:

Section 1. Justices of the Supreme Court shall serve terms of eighteen years from the date of their confirmation.

Section 2. Upon completion of their term, Justices may serve on other federal courts as assigned by the Chief Justice with consent of the Justice.

Section 3. Current Justices serving at the time of ratification may complete their current term or opt into the eighteen-year term system with the time already served counting toward the eighteen-year limit.

Section 4. Congress shall have power to enforce this article by appropriate legislation.

11.2 Alternative Implementation

If the constitutional amendment is not ratified within seven years:

• Enhanced incentive system continues indefinitely
• Annual review of effectiveness
• Additional incentives may be added by legislation

Section 12: Enhanced Constitutional Safeguards

12.1 Severability with Constitutional Backup

• If any provision requiring constitutional amendment is held invalid, alternative statutory provisions automatically take effect
• Independent constitutional review before implementation
• Fallback mechanisms for all major provisions

12.2 Constitutional Authority Justification

All provisions are justified under:

• Article III judicial powers
• Congressional oversight authority under Article I
• Necessary and Proper Clause implementation
• Due Process and Equal Protection requirements

Effective Date: This Act shall take effect 180 days after enactment.