Executive Order 12084—Judicial Nominating Commission for the District of Puerto Rico

By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to create in accord with the Federal Advisory Committee Act (5 U.S.C. App. I) an advisory committee on judicial nominations for the District of Puerto Rico, it is hereby ordered as follows:

1-1. Establishment of the Commission.

1-101. There is established the Judicial Nominating Commission for the District of Puerto Rico.

1-102. The Commission shall have seven members appointed by the President. The President shall designate a Chairman from among the members.

1-2. Functions of the Commission.

1-201. The Commission shall begin functioning when the President or his designee notifies the Chairman that the President desires the Commission's assistance in identifying persons qualified to fill a vacancy on the United States District Court for the District of Puerto Rico.

1-202. Upon receiving such notification, the Commission shall:

(a) give public notice of the vacancy, inviting suggestions as to potential nominees;

(b) conduct inquiries to identify potential nominees;

(c) conduct inquiries to identify, among the potential nominees, persons who are well qualified to serve as a United States District Judge; and

(d) report to the President, within the time specified in the notification, the results of its activities, including a list of the persons whom the Commission considers to be best qualified to fill the vacancy.

1-203. In evaluating potential nominees, the Commission shall use standards provided by the Attorney General.

1-3. Administrative Provisions.

1-301. Members of the Commission shall serve without compensation. While engaged in the work of the Commission, members may receive travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5702 and 5703).

1-302. The Attorney General shall furnish to the Commission necessary administrative support.

1-303. All necessary expenses incurred in connection with the work of the Commission, to the extent permitted by law, shall be paid from funds available to the Attorney General.

1-4. General Provisions.

1-401. A person who is a member of the Commission shall not, during the period of membership and for one year after that period, be ,considered by the Commission as a potential nominee.

1-402. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I), except that of reporting annually to the Congress, which are applicable to the Commission, shall be performed by the Attorney General in accordance with the guidelines and procedures established by the Administrator of General Services.

1-403. The Commission shall terminate on December 31, 1978, unless sooner extended by the President.

JIMMY CARTER

The White House,

September 27, 1978.

[Filed with the Office of the Federal Register, 2:37 p.m., September 27, 1970]