S. 5148 — BOASBERG Act

This section states the purpose of the Act to promote confidence in the impartiality of the judiciary and prevent undue influence in federal case assignments by requiring courts to implement random assignment of cases among judges and to reassign cases only in limited circumstances after Supreme Court intervention.

This section requires all district courts to adopt rules mandating random assignment of civil cases, with no party, attorney, or judge permitted to select or influence assignments. It limits reassignments to recusal, related cases for efficiency, chief judge certification for docket reasons, or following specified Supreme Court actions such as vacating a district court judgment, issuing a stay, or granting an injunction the district court declined. It bars judges from declining assignments, requires public memoranda explaining any non-random assignment or reassignment, annual statistical reports on assignment rates, and sanctions for manipulation attempts.

This section requires each circuit court to adopt rules for the random assignment of judges to panels and of panels to cases or controversies, prohibiting any party, attorney, or judge from influencing assignments. Reassignments are permitted only for recusal, consolidation of related cases, or chief judge certification of good cause with majority consent for docket efficiency. It mandates public disclosure of civil case assignment rules, memoranda explaining any non-random assignments, and annual statistical reports on reassignment rates; bars chief judges from self-assigning outside the random process; subjects manipulation attempts to sanctions or judicial misconduct proceedings; and allows separate randomized procedures for merits, motions, emergency, or screening panels.

This section requires each circuit court to adopt rules for the random assignment or designation of district and circuit judges to three-judge district courts, barring any party, attorney, or judge from selecting or influencing assignments. It permits reassignment only for recusal, related cases, or publicly certified good cause by the chief judge; mandates public disclosure of assignment rules, case-specific memoranda for non-random assignments, and annual statistical reports; prohibits judges from declining assignments; and subjects manipulation attempts to sanctions or judicial misconduct proceedings.

This section directs the district courts of the United States and the courts of appeals of the United States to promulgate rules required by the amendments made by this Act within 120 days after the date of enactment.

This section provides that if any provision of the Act or amendment made by the Act is held invalid, the remaining provisions and amendments remain in effect.