Page 7 - Rules Governing Judicial Misconduct

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alternative to taking an oath, the complainant may declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that
the statements are true. The complainant's address must also be provided.
(g) Anonymous complaints.
Anonymous complaints are not handled under these Rules. However, anonymous complaints
received by the Clerk will be forwarded to the Chief Judge for such action as the Chief Judge considers appropriate.
See
Rules 18 and 20.
(h) Where to file.
Complaints should be sent to
Clerk, United States Court of Appeals for Veterans Claims
625 Indiana Avenue, NW, Suite 900
Washington, DC 20004-2950.
The envelope should be marked "CONFIDENTIAL: Complaint of Misconduct" or "CONFIDENTIAL: Complaint of
Disability." The name of the judge complained about should
not
appear on the envelope.
(i) No fee required.
There is no filing fee for filing complaints of misconduct or disability.
(j) Chief Judge's authority to initiate complaint.
In the interest of effective and expeditious administration of the
business of the Court and on the basis of information available to the Chief Judge, the Chief Judge may, by nonpublic
written order stating reasons therefor, identify a complaint (and its nature) as authorized by 28 U.S.C. § 351(b) and
thereby dispense with the filing of a written complaint. In such event, the Chief Judge will not automatically be
considered a complainant and, subject to the second sentence of Rule 18(a), will perform all functions assigned to the
Chief Judge under these Rules for the determination of complaints filed by a complainant.
RULE 3. ACTION BY CLERK OF COURT UPON RECEIPT OF COMPLAINT
(a) Receipt of complaint in proper form.
Upon receipt of a complaint that is filed in compliance with the requirements
of Rule 2, the Clerk of the Court will open a file, assign a docket number, and acknowledge receipt of the complaint.
The Clerk will promptly send copies of the complaint to the Chief Judge (or the judge authorized to act as Chief Judge
under Rule 18(f)) and will provide a copy (and obtain a receipt therefor) to each judge complained about. The original
of the complaint will be retained by the Clerk.
Upon the issuance of an order by the Chief Judge identifying a complaint under Rule 2(j), the Clerk will thereafter
expeditiously process such complaint as otherwise provided by these Rules.
(b) Receipt of complaint about official other than judge of the Court.
If the Clerk receives a complaint about an official
other than a judge, the Clerk will not accept the complaint for filing and will advise the complainant in writing of the
procedure for processing such complaints.
(c) Receipt of complaint about judge of the Court and another official.
If the Clerk receives a complaint about a judge
and another official, the Clerk will accept the complaint for filing only with regard to the judge, and will advise the
complainant accordingly.
(d) Receipt of complaint not in proper form.
If the Clerk receives a complaint against a judge that is filed on the
complaint form but does not comply with the requirements of Rule 2, the Clerk will not accept the complaint for filing
and will advise the complainant of the appropriate procedures. If a complaint against a judge is received in letter form
or otherwise not on the official form for filing complaints, the Clerk will not accept that communication for filing as
a complaint, will advise the writer of the right to file a formal complaint under these Rules, and will enclose a copy of
these Rules and the accompanying form.
(e) Referral of pertinent information to Chief Judge.
Notwithstanding the preceding subsections of this Rule, the Clerk
will refer to the Chief Judge any information, in any complaint not accepted for filing, that the Clerk believes should
be brought to the attention of the Chief Judge. See also Rule 20(a).