Judicial Discipline Process: An Overview (CRS Report for Congress)
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| Release Date |
Revised Feb. 19, 2010 |
| Report Number |
RS22084 |
| Report Type |
Report |
| Authors |
Elizabeth B. Bazan, Legislative Attorney |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The current statutory structure with respect to complaints against federal judges and judicialdiscipline was enacted on November 2, 2002, as the Judicial Improvements Act of 2002, P.L. 107-273, 28 U.S.C. §§ 351-364. These provisions are applicable to federal circuit judges, districtjudges, bankruptcy judges and magistrate judges. They do not apply to the justices of the U.S.Supreme Court. The U.S. Court of Federal Claims, the Court of International Trade and the Courtof Appeals for the Federal Circuit are each directed to prescribe rules consistent with theseprovisions to address complaints pertaining to their own judges. The procedures under 28 U.S.C.§§ 351-364 include a complaint process, review of complaints initially by the Chief Judge of thecircuit within which the judge in question sits, and, if appropriate, referral of the complaint to aspecial investigating committee, to a panel of the judicial council of the circuit involved, and, ifneeded, to the Judicial Conference of the United States.Bills: H.Res. 1031
