Page 19 - Rules Governing Judicial Misconduct

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by a judge who is complained about.
(c) Disqualification of Chief Judge on consideration of petition for review of Chief Judge's order.
If a petition for
review of a Chief Judge's order dismissing a complaint or concluding a proceeding is filed with the judicial council
pursuant to Rule 5, the Chief Judge will not participate in the judicial council's consideration of the petition. In such
a case, the Chief Judge may address a written communication to the members of the judicial council, with copies
provided, by personal delivery, or certified or registered mail, with return receipt, to the complainant and to the judge
complained about. The Chief Judge may otherwise not communicate with individual judicial council members about
the matter, either orally or in writing.
(d) Member of special committee not disqualified.
A member of the judicial council who is appointed to a special
committee will not be disqualified from participating in judicial council consideration of the committee's report.
(e) Judge under investigation.
Upon appointment of a special committee, the judge complained about will automatically
be disqualified from serving on (1) any special committee appointed under Rule 4(e), or (2) the judicial council. The
disqualification will continue until all proceedings regarding the complaint are finally terminated, with no further right
of review. The proceedings will be deemed terminated 30 days after the final action of the judicial council.
(f) Substitute for disqualified Chief Judge.
If the Chief Judge is disqualified from participating in consideration of any
matter under these Rules, the duties and responsibilities of the Chief Judge under these Rules will be assigned to the
judge in regular active service who is the most senior, pursuant to 38 U.S.C. § 7254(d), of those who are not
disqualified.
RULE 19. WITHDRAWAL OF COMPLAINTS AND PETITIONS FOR REVIEW
(a) Complaint pending before Chief Judge.
A complaint that is before the Chief Judge for a decision under Rule 4 may
be withdrawn by the complainant with the consent of the Chief Judge.
(b) Complaint pending before special committee or judicial council.
After a complaint has been referred to a special
committee for investigation, the complaint may be withdrawn by the complainant only with the consent of both (1) the
judge complained about and (2) the special committee (before its report has been filed) or the judicial council.
(c) Petition for review of Chief Judge's disposition.
A petition to the judicial council for review of the Chief Judge's
disposition of a complaint may be withdrawn by the petitioner at any time before the judicial council acts on the
petition.
RULE 20. NONEXCLUSIVITY; APPLICABILITY
(a) Considering information.
The availability of the complaint procedure under these Rules and chapter 16 will not
preclude the Chief Judge or the judicial council from considering any information that may come to their attention
suggesting that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the
business of the Court or is unable to discharge all the duties of office by reason of disability.
(b) Additional applicability.
The procedures provided by all provisions of these Rules also govern the consideration of
action under 38 U.S.C. § 7299(a).
RULE 21. AVAILABILITY OF RULES AND FORMS
These Rules and copies of the complaint formprescribed by Rule 2 will be available without charge in the office of the Clerk
of the Court, 625 Indiana Avenue, NW, Suite 900, Washington, D.C. 20004-2950.
RULE 22. EFFECTIVE DATE
These Rules apply to complaints filed on or after August 27, 2004, and to all complaints pending as of that date.