Page 2 - Rules Governing Judicial Misconduct

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ATTACHMENT TO MISCELLANEOUS ORDER NO. 3-04
Rules of the Judicial Council of the United States Court of Appeals for Veterans Claims
Governing Complaints of Judicial Misconduct and Disability
(Adopted August 27, 2004)
TABLE OF CONTENTS
PREFACE TO THE RULES
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CHAPTER I: FILING A COMPLAINT
Rule 1. When to Use the Complaint Procedure
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(a) Purpose of the procedure.
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(b) What may be complained about.
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(c) Complaints about others.
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(d) Time for filing complaints.
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(e) Limitations on use of the procedure.
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Rule 2. How to File a Complaint
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(a) Form.
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(b) Statement of facts.
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(c) Legibility.
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(d) Submission of documents.
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(e) Number of copies.
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(f) Signature and oath.
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(g) Anonymous complaints.
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(h) Where to file.
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(i) No fee required.
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(j) Chief Judge's authority to initiate complaint.
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Rule 3. Action by Clerk of Court
Upon Receipt of Complaint
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(a) Receipt of complaint in proper form.
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(b) Receipt of complaint about official
other than judge of the Court.
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(c) Receipt of complaint about judge of the Court
and another official.
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(d) Receipt of complaint not in proper form.
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(e) Referral of pertinent information to Chief Judge.
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CHAPTER II: REVIEW BY CHIEF JUDGE
OF A COMPLAINT
Rule 4. Review by the Chief Judge
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(a) Procedure for review by Chief Judge.
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(b) Actions available to Chief Judge.
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(c) Notice of Chief Judge's action.
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(d) Public availability of Chief Judge's decision.
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(e) Report to judicial council.
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(f) Allegations of criminal conduct.
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CHAPTER III: REVIEW OF CHIEF JUDGE'S
DISPOSITION OF COMPLAINT
Rule 5. Petition for Review by Judicial Council of
Chief Judge's Disposition
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(a) Membership of judicial council.
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(b) When petition may be filed.
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Rule 6. How to Petition for Judicial Council
Review of a Disposition by Chief Judge
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(a) Time.
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(b) Form.
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(c) Legibility.
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(d) Number of copies.
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(e) Statement of grounds for petition.
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(f) Signature.
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(g) Where to file.
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(h) No fee required.
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Rule 7. Action by Clerk of Court Upon Receipt
of Petition for Judicial Council Review
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(a) Receipt of timely petition in proper form.
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(b) Receipt of untimely petition.
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(c) Receipt of timely petition not in proper form.
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Rule 8. Action by Judicial Council on Petition for
Review
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(a) Written ballot.
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(b) Availability of documents.
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(c) Vote at meeting of judicial council.
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(d) Rights of judge complained about.
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(e) Notice of judicial council decision.
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(f) Public availability of judicial council decision.
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(g) Quorum for dispositive voting.
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