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Judicial Administration and Technical Amendments Act of 2008

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Judicial Administration and Technical Amendments Act of 2008, Pub. L. No. 110-406, 122 Stat. 4291 (Oct. 13, 2008)

An Act To make improvements in the operation and administration of the Federal courts, and for other purposes

One Hundred Tenth Congress, Session II · Approved October 13, 2008

This is an unofficial transcription, prepared by Robert J. Pfister for ease of reading and copying. The authoritative text is the United States Statutes at Large.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.—This Act may be cited as the “Judicial Administration and Technical Amendments Act of 2008”.

(b) Table of Contents.—The table of contents for this Act is as follows:

Sec. 1.Short title; table of contents.
Sec. 2.Change in composition of divisions of western district of Tennessee.
Sec. 3.Supplemental attendance fee for petit jurors serving on lengthy trials.
Sec. 4.Authority of district courts as to a jury summons.
Sec. 5.Public drawing specifications for jury wheels.
Sec. 6.Assessment of court technology costs.
Sec. 7.Repeal of obsolete provision in the bankruptcy code relating to certain dollar amounts.
Sec. 8.Investment of court registry funds.
Sec. 9.Magistrate judge participation at circuit conferences.
Sec. 10.Selection of chief pretrial services officers.
Sec. 11.Attorney case compensation maximum amounts.
Sec. 12.Expanded delegation authority for reviewing Criminal Justice Act vouchers in excess of case compensation maximums.
Sec. 13.Repeal of obsolete cross-references to the Narcotic Addict Rehabilitation Act.
Sec. 14.Conditions of probation and supervised release.
Sec. 15.Contracting for services for pretrial defendants and post-conviction supervision offenders.
Sec. 16.Judge members of U.S. Sentencing Commission.
Sec. 17.Penalty for failure to appear for jury summons.
Sec. 18.Place of holding court for the District of Minnesota.
Sec. 19.Penalty for employers who retaliate against employees serving on jury duty.

SEC. 2. CHANGE IN COMPOSITION OF DIVISIONS OF WESTERN DISTRICT OF TENNESSEE.

(a) In General.—Section 123(c) of title 28, United States Code, is amended—

(1) in paragraph (1)—

(A) by inserting “Dyer,” after “Decatur,”; and

(B) in the last sentence by inserting “and Dyersburg” after “Jackson”; and

(2) in paragraph (2)—

(A) by striking “Dyer,”; and

(B) in the second sentence, by striking “and Dyersburg”.

(b) Effective Date.—

[122 Stat. 4292 omitted (1 page)]

SEC. 7. REPEAL OF OBSOLETE PROVISION IN THE BANKRUPTCY CODE RELATING TO CERTAIN DOLLAR AMOUNTS.

Section 104 of title 11, United States Code, is amended—

(1) by striking subsection (a);

(2) by redesignating subsection (b)(1) as subsection (a) and subparagraphs (A) and (B) of that subsection as paragraphs (1) and (2), respectively;

(3) by redesignating subsection (b)(2) as subsection (b);

(4) by redesignating subsection (b)(3) as subsection (c); and

(5) in subsection (c) (as redesignated by paragraph (4) of this section), by striking “paragraph (1)” and inserting “subsection (a)”.

SEC. 8. INVESTMENT OF COURT REGISTRY FUNDS.

(a) In General.—Chapter 129 of title 28, United States Code, is amended by inserting after section 2044 the following:

“§ 2045. Investment of court registry funds

“(a) The Director of the Administrative Office of the United States Courts, or the Director’s designee under subsection (b), may request the Secretary of the Treasury to invest funds received under section 2041 in public debt securities with maturities suitable to the needs of the funds, as determined by the Director or the Director’s designee, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity.

“(b) The Director may designate the clerk of a court described in section 610 to exercise the authority conferred by subsection (a).”.

(b) Technical and Conforming Amendment.—The table of sections for chapter 129 of title 28, United States Code, is amended by adding at the end the following:

“2045.Investment of court registry funds.”.

SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES.

Section 333 of title 28, United States Code, is amended in the first sentence by inserting “magistrate,” after “district,”.

SEC. 10. SELECTION OF CHIEF PRETRIAL SERVICES OFFICERS.

Section 3152 of title 18, United States Code, is amended by striking subsection (c) and inserting the following:

“(c) The pretrial services established under subsection (b) of this section shall be supervised by a chief pretrial services officer appointed by the district court. The chief pretrial services officer appointed under this subsection shall be an individual other than one serving under authority of section 3602 of this title.”.

SEC. 11. ATTORNEY CASE COMPENSATION MAXIMUM AMOUNTS.

Section 3006A(d)(2) of title 18, United States Code, is amended by adding “The compensation maximum amounts provided in this paragraph shall increase simultaneously by the same percentage, rounded to the nearest multiple of $100, as the aggregate percentage increases in the maximum hourly compensation rate paid pursuant

[122 Stat. 4294 omitted (1 page)]

(1) in the third sentence, by striking “negotiate and award such contracts” and inserting “negotiate and award contracts identified in this paragraph”; and

(2) in the fourth sentence, by inserting “to expend funds or” after “He shall also have the authority”.

SEC. 16. JUDGE MEMBERS OF U.S. SENTENCING COMMISSION.

Section 991(a) of title 28, United States Code, is amended in the third sentence by striking “Not more than” and inserting “At least”.

SEC. 17. PENALTY FOR FAILURE TO APPEAR FOR JURY SUMMONS.

(a) Section 1864 Summons.—Section 1864(b) of title 28, United States Code, is amended by striking “$100 or imprisoned not more than three days, or both.” each place it appears and inserting “$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.”.

(b) Section 1866 Summons.—Section 1866(g) of title 28, United States Code, is amended by striking “$100 or imprisoned not more than three days, or both.” and inserting “$1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.”.

SEC. 18. PLACE OF HOLDING COURT FOR THE DISTRICT OF MINNESOTA.

Section 103(6) of title 28, United States Code, is amended in the second sentence by inserting “and Bemidji” before the period.

SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES SERVING ON JURY DUTY.

Section 1875(b)(3) of title 28, United States Code, is amended by striking “$1,000 for each violation as to each employee.” and inserting “$5,000 for each violation as to each employee, and may be ordered to perform community service.”.

Approved October 13, 2008.