Page 13 - Rules Governing Judicial Misconduct

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certified or registered mail, with return receipt, to the judge complained about, expand the scope of the investigation
to encompass such misconduct.
(b) Criminal matters.
In the event that the complaint alleges criminal conduct on the part of a judge, or in the event that
the committee becomes aware of possible criminal conduct, the committee will consult with the appropriate prosecuting
authorities, to the extent permitted by 28 U.S.C. § 360, in an effort to avoid compromising any criminal investigation.
However, the committee will make its own determination about the timing of its activities, having in mind the
importance of ensuring the proper administration of the business of the Court.
(c) Staff.
The committee may arrange for staff assistance in the conduct of the investigation. It may use existing staff of
the Court or may arrange, through the Clerk of the Court, for the hiring of special staff to assist in the investigation.
(d) Delegation.
The committee may delegate duties under this Rule in its discretion to subcommittees, to staff members,
or to individual committee members. The authority to exercise the committee's subpoena powers under 28 U.S.C. § 356
and 38 U.S.C. § 7253(g) may be delegated only to the presiding officer. In the case of failure to comply with such
subpoena, the judicial council or special committee may institute a contempt proceeding consistent with 28 U.S.C. §
332(d) and 38 U.S.C. § 7265(a).
(e) Report.
The committee will file with the judicial council a comprehensive report of its investigation, including findings
of the investigation and the committee's recommendations for judicial council action. Any finding adverse to the judge
complained about will be based on evidence in the record. The report will be accompanied by a statement of the vote
by which it was adopted, any separate or dissenting statements of committee members, and the record of any hearing
held pursuant to Rule 11.
(f) Voting.
All actions of the committee will be by vote of a majority of all members of the committee.
RULE 11. CONDUCT OF HEARINGS BY SPECIAL COMMITTEE
(a) Purpose of hearings.
The committee may hold hearings to take testimony and receive other evidence, to hear
argument, or both. If the committee is investigating allegations against more than one judge, it may, in its discretion,
hold a joint hearing or separate hearings.
(b) Notice to judge complained about.
The judge complained about will be given adequate advance notice in writing by
personal delivery, or certified or registered mail, with return receipt, of any hearing to be held, its purposes, and the
names of any witnesses whom the committee intends to call. The judge complained about will also be provided with
the text of any statements that have been taken from such witnesses. The judge complained about may at any time
suggest additional witnesses to the committee.
(c) Committee witnesses.
All persons who are believed to have substantial information to offer will be called as
committee witnesses. Such witnesses may include the complainant and the judge complained about. The witnesses
will be questioned by committee members, staff, or both. The judge complained about will be afforded the opportunity
to cross-examine committee witnesses, personally or through counsel.
(d) Witnesses called by the judge.
The judge complained about is entitled to call witnesses and examine them personally
or through counsel. Such witnesses may also be examined by committee members, staff, or both.
(e) Witness fees.
Witness fees will be paid as provided for in 28 U.S.C. § 1821 (as made applicable through 38 U.S.C.
§ 7253(g)(3)(A)).
(f) Rules of evidence; oath.
The Federal Rules of Evidence will apply to any evidentiary hearing except to the extent that
departures from the adversarial format of a trial make them inappropriate. All hearing testimony will be under oath or
affirmation.
(g) Record and transcript.
A record and transcript will be made of any hearing held.