Preface to the Rules
Section 372 (c) of title 28 of the United States Code provides a way for any person to complaint about a federal judge who the person believes "has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts" or "is unable to discharge all the duties of office by reason of mental or physical disability." It also permits the judicial councils of the circuits to adopt rules for the consideration of these complaints. These rules have been adopted under that authority.
Complaints are filed with the circuit executive on a form that has been developed for that purpose. Each complaint is referred first to the chief judge of the circuit, who decides whether the complaint raises an issue that should be investigated. (If the complaint is about the chief judge, another judge will make this decision; see rule 18(f).)
The chief judge will dismiss a complaint if it does not properly raise a problem that is appropriate for consideration under section 372(c). The chief judge may also conclude the complaint proceeding if the problem has been corrected or if intervening events have made action on the complaint unnecessary. If the complaint is not disposed of in either of these two ways, the chief judge will activate a special committee to investigate the complaint. The special committee makes its report to the judicial council of the circuit, which decides what action, if any, should be taken. The judicial council is a body that consists of the chief judge and nine judges of the court of appeals and nine district judges.
The rules provide, in some circumstances, for review of decisions of the chief judge or the judicial council.
April 1, 1992