Page 12 - Rules Governing Judicial Misconduct

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further review as of right of the decision but only such review as is provided for in Rule 14(e)(2) in the discretion of
the Judicial Conference of the United States.
(3) A memorandum supporting a judicial council order will not include the name of the complainant or the judge
complained about. If the order of the judicial council affirms the Chief Judge's disposition, a supporting memorandum
will be prepared only if the judicial council concludes that there is a need to supplement the Chief Judge's explanation.
(f) Public availability of judicial council decision.
Materials related to the judicial council's decision will be made public
at the time and in the manner set forth in Rule 17.
(g) Quorum for dispositive voting.
A dispositive vote by the judicial council (to grant or deny the petition), will not take
effect if less than a majority of the number of active judges participated in that vote (
see
Rule 5; in that instance, the
matter will be referred to the Judicial Conference of the United States under Rule 14(e) unless the Chief Judge and all
of the participating judges are in agreement on the disposition of the complaint.
Chapter IV: Investigation and Recommendation by Special Committee
RULE 9. APPOINTMENT OF SPECIAL COMMITTEE
(a) Membership.
A special committee appointed pursuant to Rule 4(b)(3) will consist of the Chief Judge and two
additional judges, except as provided for in subsection (e).
(b) Presiding officer.
At the time of appointing the committee, the Chief Judge will designate one of its members (who
may be the Chief Judge) as the presiding officer. When designating another member of the committee as the presiding
officer, the Chief Judge may also delegate to such member the authority to direct the Clerk of the Court to issue
subpoenas related to proceedings of the committee.
(c) Notice of appointment of special committee.
If such action has not already been taken under Rule 4(c)(2), the
presiding officer will notify by personal delivery, or certified or registered mail, with return receipt, the complainant
and the judge complained about that the matter has been referred, and will inform them of the membership of the
committee.
(d) Provision of documents.
The Chief Judge will certify to each other member of the committee copies of (1) the
complaint form and statement of facts, and (2) any other documents on file pertaining to the complaint (or to that
portion of the complaint referred to the special committee).
(e) Continuing qualification of committee members.
A member of a special committee who was qualified at the time
of appointment will continue to serve on the committee even though the member relinquishes the position of Chief
Judge or judge, as the case may be, but only if the member continues in active service or is a recall-eligible judge
serving in recall status.
(f) Quorum and voting requirements.
At least two members of the special committee must be present to transact
business, and at least two members must vote in support of any proposed action of the committee.
g) Inability of committee member to complete service.
In the event that a member of a special committee can no longer
serve because of death, disability, disqualification, resignation, retirement from office, or other reason, the Chief Judge
will determine whether to appoint a replacement member.
RULE 10. CONDUCT OF INVESTIGATION
(a) Extent and methods to be determined by committee.
Each special committee will determine the extent of the
investigation and the methods of conducting it that are appropriate in the light of the allegations of the complaint. If,
in the course of the investigation, the committee develops reason to believe that the judge may have engaged in
misconduct that is beyond the scope of the complaint, the committee may, with written notice by personal delivery, or