Page 9 - Rules Governing Judicial Misconduct

Basic HTML Version

prepare a supportingmemorandum that sets forth the allegations of the complaint and the reasons for the disposition.
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 by personal delivery, or certified or registered mail, with return
receipt, to the complainant and the judge complained about. The complainant will be notified of the right to petition
the judicial council for review of the decision and of the deadline for filing a petition.
(2) If a special committee is appointed, the Chief Judge will notify by personal delivery, or certified or registered mail,
with return receipt, the complainant and the judge complained about that the matter has been referred, and will
inform them of the membership of the committee.
(d) Public availability of Chief Judge's decision.
Materials related to the Chief Judge's decision will be made public at
the time and in the manner set forth in Rule 17.
(e) Report to judicial council.
The Chief Judge will from time to time report to the judicial council on actions taken under
this Rule.
(f) Allegations of criminal conduct.
If the Chief Judge 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 Chief
Judge's order of dismissal will inform the complainant that the dismissal does not prevent the complainant frombringing
any allegations 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 Chief Judge – if no petition for review of the dismissal is filed within the thirty-day period
specified by Rule 6(a) – will notify the congressional committee or member that the Court has concluded that it lacks
jurisdiction under section 351(a).
Chapter III: Review of Chief Judge's Disposition of Complaint
(a) Membership of judicial council.
Except as provided in the next sentence, the judicial council consists of (1) all judges
who are in regular active service at the time that a complaint is referred to the judicial council as a result of (A) a
petition for review under Rule 8 or (B) a report of a special committee under Rule 10(e), and (2) any recall-eligible
retired judge who was serving in recall status when the conduct complained about occurred and is so serving at the time
that a complaint is referred to the judicial council as described in clause (1). No judge whose actions are the subject
of a pending investigation or subsequent proceeding pursuant to a complaint under these Rules may serve on the judicial
council during that investigation or any subsequent proceeding relating to it.
(b) When petition may be filed.
If the Chief Judge dismisses a complaint or concludes the proceeding on the ground that
corrective action has been taken or that intervening events have made action unnecessary, a petition for review may
be addressed to the judicial council by a complainant or the judge complained about.
(a) Time.
(1) Except as provided in paragraph (2) of this subsection, a petition for review must be received in the office
of the Clerk of the Court not later than 30 days after the date of the Clerk's letter to the complainant transmitting the
Chief Judge's order.
(2) When the complainant is located outside the United States, Puerto Rico, or the Virgin Islands, 30 additional days
will be added to the period prescribed in paragraph (1) of this subsection.
(b) Form.
A petition should be in the form of a letter, addressed to the Clerk of the Court, beginning, "I hereby petition
the judicial council for review of the Chief Judge's order of [date] . . . ." There is no need to enclose a copy of the
original complaint.