Page 15 - Rules Governing Judicial Misconduct

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order corrective action under the circumstances prescribed in subsection (e). Judicial council action will be taken,
subject to Rule 8(g), by a majority of those members of the judicial council who are not disqualified.
(b) Basis of judicial council action.
Subject to the rights of the judge complained about to submit argument to the judicial
council as provided in Rule 15(a), the judicial council may take action on the basis of the report of the special
committee and the record of any hearings held. If the judicial council finds that the report and record provide an
inadequate basis for decision, it may (1) order further investigation and a further report by the special committee or
(2) conduct such additional investigation as it deems appropriate, as provided in Rule 15(b).
(c) Dismissal.
The judicial council will dismiss a complaint if it concludes –
(1) that the claimed conduct, even if the claim is true, is not "conduct prejudicial to the effective and expeditious
administration of the business of the courts" and does not indicate a mental or physical disability resulting in inability
to discharge the duties of office;
(2) that the complaint is directly related to the merits of a decision or procedural ruling;
(3) that the facts on which the complaint is based have not been demonstrated; or
(4) that, under chapter 16, the complaint is otherwise not appropriate for consideration.
(d) Conclusion of proceeding on basis of corrective action taken.
The judicial council will conclude the complaint
proceeding if it determines that appropriate action has already been taken to remedy the problem identified in the
complaint, or that intervening events make such action unnecessary.
(e) Referral to or review by Judicial Conference of the United States.
(1) The judicial council may, in its discretion, refer a complaint to the Judicial Conference of the United States with
the judicial council's recommendations for action. The judicial council must refer such a complaint to the Judicial
Conference of the United States if the judicial council determines that a judge may have engaged in conduct that might
constitute ground for removal from office by the President of the United States under 38 U.S.C. § 7253(f)(1), or if the
judicial council cannot agree on a disposition, or if a quorum of the judicial council has not participated in the vote as
provided for in Rule 8(g).
(2) The judge complained about or the complainant may seek review of the judicial council's action by the Judicial
Conference of the United States.
(f) Order of corrective action.
If the complaint is not disposed of under subsections (c) through (e) of this Rule, the
judicial council will take other action to ensure the effective and expeditious administration of the business of the Court.
Such action may include, among other measures –
(1) censuring or reprimanding the judge complained about, either by private communication or by public announcement;
(2) ordering that, for a fixed temporary period, with respect to the judge complained about, no new cases be assigned
or that no new cases be assigned and that existing caseload be adjusted;
(3) [Reserved]
(4) [Reserved]
(5) requesting the judge to retire voluntarily with the provision (if necessary and permissible (see 38 U.S.C. § 7287))
that ordinary length-of-service requirements will be waived, which request may or may not include a provision to forego
recall eligibility;
(6) notifying about the complaint the bar(s) by which the judge complained about is licensed and/or any other