Madam Speaker, today I have introduced a private relief bill to grant full annuity set forth in 28 U.S.C. 373 to the Honorable John S. Unpingco of Piti, Guam, former Judge of the United States District Court of Guam. Prior to his…
Madam Speaker, today I have introduced a private relief bill to grant full annuity set forth in 28 U.S.C. 373 to the Honorable John S. Unpingco of Piti, Guam, former Judge of the United States District Court of Guam.
Prior to his confirmation on October 8, 1992, by the United States Senate as Judge of the District Court of Guam, Judge Unpingco served a combined total of 27 years as an officer in the United States Air Force, the United States Air Force Reserve, and as a federal civilian employee in the Department of the Air Force. However, despite his long and distinguished career as a public servant, upon attaining the age of 65 Judge Unpingco will not qualify for a full .annuity from the Administrative Office of the United States Courts (AO), from the United States Air Force, or from the Federal Government for his civilian service. Under current law, upon attaining the age of 65, Judge Unpingco can only receive an annuity prorated to his service on the federal bench and valued at approximately 12/15th of the salary he earned at the time he stepped down from the bench.
The issue of retirement inequity is one unique to Judges appointed to serve on the bench for the District Courts of Guam, the Northern Mariana Islands, and the Virgin Islands. Each of these Courts was established pursuant to an Act of Congress enacted in under the authority of Congress to govern territories granted by Section 3 in Article IV of the Constitution. Article IV judges are appointed for fixed-length terms pursuant to statute. Article III judges, however, their counterparts serving on the bench in District Courts in the 50 States and in the District of Columbia, are appointed for life in accordance with the Constitution.
In the 109th Congress, I wrote with my colleague from the Virgin Islands, Mrs. Christensen, to the Judicial Conference of the United States, to request their review of draft legislation to amend 28 U.S.C. 373 to allow for the retirement of Article IV judges under terms more equal to those provided under current law for judges of Article III Courts and the United States Tax Court. The Committee on the Judicial Branch of the Judicial Conference of the United States carefully examined our legislative proposals on this issue and responded in writing on January 5, 2006, indicating that this is a matter more appropriately addressed at this time through a private relief bill. To date, Congress has confirmed the appointments of 16 Judges to the Article IV Courts for the Districts of Guam, the Northern Mariana Islands, and the Virgin Islands. Length of terms has varied over time and across the three courts. There are unique circumstances surrounding Judge Unpingco's executive and judicial service. He separated from the civil service to fulfill a judicial responsibility on behalf of his country, and served on the federal bench in good faith.
It is at the suggestion of the Committee on the Judicial Branch of the Judicial Conference of the United States and in accordance with precedent that I have introduced this private relief bill. I do so in the hopes that a distinguished public servant will collect the full and fair annuity that he selflessly worked toward over the course of his 27 year career in public service. While I intend to introduce legislation at a later time to establish the District Court of Guam as an Article III Court, I remain concerned about current inequity in the law affecting Article IV Judges. Thirty-seven private bills have been enacted into law by the previous five Congresses. Congress has previously considered private relief bills pertaining to annuities payable to federal Judges, including for example for a Judge in a territory of the United States. The most recent example being S. 115 for the relief of Judge Louis LeBaron, who was a Justice of the Territorial Supreme Court of Hawaii and which was introduced in the 1st Session of the 99th Congress on January 3, 1985.
I look forward to working with the Chairman and Ranking Member of the Committee on the Judiciary to address the underlying inequity in retirement benefits for Article IV Judges and in this particular case to bring relief to Judge Unpingco through the enactment of the bill I have introduced today. I hereby enter for print in the Congressional Record to accompany the introduction of this bill and to supplement these remarks, the correspondence I exchanged with the Administrative Office of the United States Courts (AO) and the Judicial Conference of the United States and its enclosures on this matter.
Congress of the United States,
House of Representatives,
Washington, DC, February 4, 2005.
Mr. Leonidas Ralph Mecham,
Director, The Administrative Office of the U.S. Courts, One
Columbus Circle, NE, One Columbus Circle, NE, Washington,