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August 19,
2010
Subject: Filing
a Complaint Against a Federal Judge & Updated Practices for Judge
Bianco & Crotty
Filing a Complaint Against a Federal Judge
A new document on
uscourts.gov explains the process for complaining that a federal judge has
committed misconduct or has become disabled. We would like to share some of
the sections from it.
WHO MAY BE COMPLAINED ABOUT; WHERE
TO FILE A COMPLAINT
If you believe that a
federal judge committed misconduct or has a disability, you may file a
complaint about it with the proper court office. If the complaint is
against a United States District Judge, a United States Bankruptcy Judge,
or a United States Magistrate Judge, you must file it at the clerk’s office
of the United States Court of Appeals for the region (“circuit”) in which
the judge serves. If the complaint is against a judge of the United States
Court of Appeals for the Federal Circuit, you must file it at the circuit
executive’s office for that court. If the complaint is against any other
United States Circuit Judge, or against a judge of a national court (the
Court of International Trade or the Court of Federal Claims), you must file
it at the clerk’s office of the court on which that judge serves.
WHAT TO INCLUDE IN A COMPLAINT
The terms “misconduct”
and “disability,” as used in this complaint process, are defined by law.
“Misconduct” is “conduct prejudicial to the effective and expeditious
administration of the business of the courts.” A “disability” is a
“temporary or permanent condition” that renders the judge “unable to
discharge the duties” of the judicial office.
HOW A CHIEF JUDGE CONSIDERS A
COMPLAINT
In most instances, the
judge who considers your complaint will be the chief judge of the court in
which it is pending. That judge may conduct a limited inquiry, interviewing
witnesses and examining other available information. You may or may not be
contacted as part of this process.
WHAT HAPPENS AFTER A COMPLAINT IS
CONSIDERED
After considering your
complaint, the chief judge may, by order, terminate it (by “dismissing” or
“concluding” it) if there is reason to do so. Otherwise, the chief judge
must appoint a special committee of judges to investigate the complaint.
HOW TO PETITION FOR REVIEW OF A
CHIEF JUDGE’S ORDER ON A COMPLAINT
If the chief judge has
ordered that your complaint be dismissed or concluded, you may petition the
circuit judicial council (or national court, if applicable) for review.
The complete document,
which can be found here: <<details>>
Judge Joseph F. Bianco
Judge Bianco has
recently updated his individual practices. If you have any cases before
him, please download a copy and forward them to the attorneys working on
the cases. <<details>>
Judge Paul A. Crotty
Judge Crotty has
recently updated his individual practices. If you have any cases before
him, please download a copy and forward them to the attorneys working on
the cases. <<details>>
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We are Committed to Remain the Best!
Thanks,
Izzy
Schiller,
President
CourtAlert
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