Number: RS22084
Title: Judicial Discipline Process: An Overview
Authors: Elizabeth B. Bazan, American Law Division 
Abstract: The current statutory structure with respect to complaints against federal judges and judicial discipline 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, district judges, 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 Court of Appeals for the Federal Circuit are each directed to prescribe rules consistent with these provisions 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 the circuit within which the judge in question sits, and, if appropriate, referral of the complaint to a special investigating committee, to a panel of the judicial council of the circuit involved, and, if needed, to the Judicial Conference of the United States. At any point in the process, as deemed appropriate, action may be taken on the complaint. Where a complaint alleges conduct that may rise to the level of impeachable offenses, the Judicial Conference may certify that the matter may warrant consideration of impeachment and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers necessary.
Pages: 6
Date: March 18, 2005