Page 16 - Rules Governing Judicial Misconduct

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appropriate governmental entity; and
(7) requesting, in cases involving disability, the judge to retire voluntarily under 38 U.S.C. § 7296(b)(3).
(g) Combination of actions.
Referral of a complaint to the Judicial Conference of the United States under subsection (e)
of this Rule will not preclude the judicial council from simultaneously taking action under subsection (f) , except that
where the judge complained about seeks review of the judicial council's action under subsection (e)(2), the judicial
council may simultaneously take action under subsection (f)(2)-(5).
(h) Recommendation about fees.
Upon the request of a judge complained about, the judicial council may, as provided
for in 28 U.S.C. § 361 (as made applicable through 38 U.S.C. § 7253(g)(3)(B)), if the complaint has been finally
dismissed, direct that reimbursement, from funds appropriated to the Court, be made for those reasonable expenses,
including attorney fees, incurred by that judge during the investigation, which would not have been incurred but for
the requirements of 38 U.S.C. § 7253(g), 28 U.S.C. § 351
et seq.
, and these Rules.
(i) Notice of action of judicial council.
Judicial council action will be by written order. Unless the judicial council finds
that, for extraordinary reasons, it would be contrary to the interests of justice, the order will be accompanied by a
memorandum setting forth the factual determinations on which it is based and the reasons for the judicial council action.
The memorandum will not include the name of the complainant or of the judge complained about. The order and the
supporting memorandum will be provided to the complainant, the judge complained about, and all members of the
judicial council. However, if the complaint has been referred to the Judicial Conference of the United States pursuant
to subsection (e) of this Rule and the judicial council determines that disclosure would be contrary to the interests of
justice, such disclosure need not be made. The complainant and the judge complained about will be notified of the right
to seek review of the judicial council's decision before the Judicial Conference of the United States and of the procedure
for filing a petition for review.
(j) Public availability of council action.
Materials related to the judicial council's action will be made public at the time
and in the manner set forth in Rule 17.
(k) Allegations of criminal conduct.
If the judicial council dismisses for lack of jurisdiction nonfrivolous allegations of
criminal conduct by a judge because those allegations do not fall under the scope of 28 U.S.C.§ 351(a), the judicial
council's order of dismissal will inform the complainant that the dismissal does not prevent the complainant from
bringing any allegation of criminal conduct to the attention of appropriate federal or state criminal authorities. If, in
this situation, the allegations of criminal conduct were originally referred to the Court by a congressional committee
or member of Congress, the judicial council – if no petition for review of the dismissal by the judicial council lies under
28 U.S.C. § 357(a), or if no petition for review is filed – will notify the congressional committee or member that the
Court has concluded that it lacks jurisdiction under section 351(a).
(a) Rights of judge complained about.
Not later than ten days after the filing of the report of a special committee, the
judge complained about may address a written response to all members of the judicial council. The judge complained
about will also be given an opportunity to present oral argument to the judicial council, personally or through counsel,
and may move for the judicial council to conduct an investigation under subsection (b), including receiving evidence
submitted by the judge. The judge complained about may not otherwise communicate with judicial council members
about the matter, either orally or in writing.
(b) Conduct of additional investigation by judicial council.
If the judicial council decides to conduct additional
investigation, the complainant and judge complained about will be given adequate prior notice, by personal delivery,
or certified or registered mail, with return receipt, in writing of that decision and of the general scope and purpose of
the additional investigation. The conduct of the investigation will be generally in accordance with the procedures set
forth in Rules 10 through 13 for the conduct of an investigation by a special committee. However, if hearings are held,
the judicial council may limit testimony to avoid unnecessary repetition of testimony presented before the special