Judicial Conduct and Disability Act of 1980

The Judicial Conduct and Disibility Act of 1980 is a law that sets the procedure for anyone to file a complaint against a federal judge or an employee of the federal judiciary on the basis of disability or misconduct. The Act was signed into law by President Jimmy Carter on October 1, 1980.

Purpose

Under the law, any person may file a written complaint alleging that a federal judge has engaged in "conduct prejudicial to the effective and expeditious administration of the business of the courts" or "is unable to discharge all duties of office by reason of mental or physical disability.

The law authorized each of the thirteen federal circuits to establish a judicial council to review complaints against federal judges. A judicial council, comprised of judges, in each circuit was also authorized to order sanctions for violations of the Federal Code of Judicial Conduct.

Complaint procedure

Any person may file a complaint against a federal judge for violating the Code of Judicial Conduct. The person needs to file a written complaint with the clerk of the nearest Circuit Court of Appeals containing a brief statement of the facts constituting such misconduct or disability.

Upon receipt of a complaint filed by a person, the clerk of the respective circuit sends the complaint to the chief judge of the circuit. If the conduct is alleged against the chief judge, the circuit judge in regular active service raking second highest in seniority receives the complaint. The clerk of court simultaneously sends a copy of the written complaint to the judge whose conduct is under review.

Actions taken

By local judicial council

When the judicial council of a respective circuit receives a written complaint under the law, the council may engage in the following actions:

• Conduct any additional investigation which is necessary
• Dismiss the complaint; or
• "take such action as is appropriate to assure the effective and expeditious administration of business of the courts within the circuit."

If a judicial council deems that in the complaint that a judge has engaged in any misconduct on or off the bench or seems to be not fit on the issue of disability, the judicial council can order:

• That a judge would be ordered to serve a suspension and would not have future cases be assigned to the judge whose conduct is the subject to a complaint in the best interests of the court.
• Face either censure or reprimand by means of private communication or public announcement.

If a complaint involves an Article III judge, the following actions by the judicial council under paragraph can take are:

• Certifying that the judge is disabled, mandated by procedures and standards provided under current federal laws on judicial disability.
• Requesting that the judge voluntarily retire. If a judge retires during an investigation she or he is not eligible for senior status or retirement benefits.

If a complaint is filed against a magistrate judge, the judicial council can direct the chief judge of the circuit court to take disciplinary action including suspension from hearing cases and up to removal from the bench.

Judicial councils are limited in their power. They cannot:

• Order the removal of any Article III judge. That power rests with the United States Congress.
• Remove a bankruptcy or magistrate judge unless they are found to be incompetent, neglectful of duty, charged with misconduct, or found to have a mental or physical disability. However, a magistrate or a bankruptcy judge’s office can be terminated if the Judicial Conference of a respective circuit determines that the services performed by his or her office are no longer needed.

Referral to Judicial Conference

In addition to the authority granted under the law, the judicial council of a respective circuit can refer any complaint to the Judicial Conference of the United States.

This would most commonly occur if a complaint alleges misconduct by an Article III judge. However, if a judge does not fully comply with orders or requests from the judicial council, it can alert the Judicial Conference of the United States.

Recommending impeachment

The Judicial Conference of the United States can recommend impeachment for a federal judge, based on an investigation conducted by a circuit judicial council. It also can conduct its own investigation and forward that information to the United States House Judiciary Committee. The House Judiciary Committee has authority under the United States Constitution to start impeachment proceedings against federal judges.

One interesting aspect of the procedure is that once the Judiciary Committee receives the information outlining a recommendation for impeachment, it must be made public.

Suggested amendments

In 2009, 2011 and 2013, Congressman Jim Sensenbrenner of Wisconsin and Senator Chuck Grassley of Iowa proposed the creation of the Inspector General of the Federal Courts. The proposed role would investigate misconduct allegations of members of the federal judiciary and supervise audits of the branch. The bill to create and fund this position has not advanced in the Congress.

See also

• Federal judges who have been impeached
• House Judiciary Committee

External links

• United States Courts, Judicial Conduct & Disability Act: Resources