Page 17 - Rules Governing Judicial Misconduct

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(c) Amicus curiae.
No person may be granted the right to intervene or to appear as amicus curiae in any proceeding before
the judicial council.
Chapter VI: Miscellaneous Rules
RULE 16. CONFIDENTIALITY
(a) General Rule.
Consideration of a complaint by the Chief Judge, a special committee, or the judicial council will be
treated as confidential business, and information about such consideration will not be disclosed by any judge or
employee of the Court or any person who records or transcribes testimony, except in accordance with these Rules.
(b) Files.
All files related to complaints of misconduct or disability, whether maintained by the Clerk of the Court, the
Chief Judge, members of a special committee, members of the judicial council, or staff, and whether or not the
complaint was accepted for filing, will be maintained separate and apart from all other files and records, with
appropriate security precautions to ensure confidentiality.
(c) Disclosure in memoranda of reasons.
Memoranda supporting orders of the Chief Judge or the judicial council, and
dissenting opinions or separate statements of members of the judicial council, may contain such information and
exhibits as the authors deem appropriate, and such information and exhibits may be made public pursuant to Rule 17.
(d) Availability to Judicial Conference of the United States.
In the event that a complaint is referred under Rule 14(e)
to the Judicial Conference of the United States, the Clerk will provide the Judicial Conference of the United States with
copies of the report of the special committee and any other documents and records that were before the judicial council
at the time of its determination. Upon request of the Judicial Conference of the United States or its Committee to
Review Circuit Council Conduct and Disability Orders, in connection with their consideration of a referred complaint
described in 28 U.S.C. § 354(b) or a petition under 28 U.S.C. § 357(a) for review of a judicial council order, the Clerk
will furnish any other records related to the investigation.
(e) [Reserved]
(f) Removal proceedings.
The judicial council may release to the President of the United States any materials that are
believed necessary to a removal proceeding conducted by the President under 38 U.S.C. § 7253(f).
(g) Consent of judge complained about.
Any materials from the files may be disclosed to any person upon the written
consent of both the judge complained about and the Chief Judge. The Chief Judge may require that the identity of the
complainant be shielded in any materials disclosed.
(h) Disclosure by judicial council in special circumstances.
The judicial council may authorize disclosure of information
about the consideration of a complaint, including the papers, documents, and transcripts relating to the investigation,
to the extent that the judicial council concludes that such disclosure is justified by special circumstances and is not
prohibited by the provisions of 28 U.S.C. § 360.
(i) Disclosure of identity by judge complained about.
Nothing in this Rule will preclude the judge complained about
from acknowledging that he or she is the judge referred to in documents made public pursuant to Rule 17.
(j) Assistance and consultation.
Nothing in this Rule precludes the Chief Judge or judicial council, for purposes of acting
on a complaint filed under 28 U.S.C. § 351(a) or identified by the Chief Judge under 28 U.S.C. § 351(b), from seeking
the assistance of qualified staff, or from consulting other judges who may be helpful in the process of complaint
disposition.
RULE 17. PUBLIC AVAILABILITY OF DECISIONS
(a) General rule.
A docket-sheet record of orders of the judicial council and the texts of any memoranda supporting such
orders and any dissenting opinions or separate statements by members of the judicial council will be made public when