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Illustrative Rules Governing Complaints of Judicial Misconduct and Liability

NCJ Number
102988
Author(s)
J Browning; C Seitz; C Clark
Date Published
1986
Length
72 pages
Annotation
These illustrative rules for processing complaints of judicial misconduct and disability, prepared by a special committee of the Conference of Chief Judges of the United States Courts of Appeals, cover filing, review, investigation, and recommendations.
Abstract
These rules are intended only as a sample, and the special committee does not urge their verbatim adoption by any council or court, since rules should be tailored to local conditions. Rules for filing a complaint encompass when to use the complaint procedure, how to file a complaint, and action by clerk of the court of appeals upon receiving a complaint. Rules also address the chief judge's review of a complaint and the review of the chief judge's disposition of a complaint. Rules for the latter review cover the petition for review, action by the court clerk upon receiving a petition for review, and the judicial council's review of a chief judge's order. Rules for investigation of the complaint and recommended action by a special committee focus on appointment of the committee, investigative procedures, hearings, rights of the involved judge in the investigation, and complainant rights in the investigation. Rules also govern a judicial council's consideration of the special committee's recommendations. Miscellaneous rules encompass confidentiality, the public availability of decisions, disqualification, complaint withdrawal, and the availability of other procedures. An appended complaint form.