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Complaints of Judicial Misconduct
As counsel in a hotly contested case, you suspect that the presiding federal judge has engaged in judicial misconduct. What are your options? Should you overlook the alleged misconduct for fear of incurring the judge's wrath and perhaps prejudicing your case? Is there a formal procedure for filing a complaint of judicial misconduct? Many in-house counsel and practitioners alike are unfamiliar with the provisions of 28 U.S.C. ' 351 et seq., and the Rules Governing Complaints of Judicial Misconduct and Disability adopted by each of the federal circuits, which govern the handling of complaints of judicial misconduct or disability.
Applicable Statutes and Rules
Pursuant to the Judicial Improvement Act of 2002 (codified at 28 U.S.C. ' 351 et seq.), and the Illustrative Rules Governing Complaints of Judicial Misconduct and Disability, published by the Administrative Office of the United States Courts (2000), any person may allege that a judge has engaged in 'conduct prejudicial to the effective and expeditious administration of the business of the courts' by filing a written complaint with the clerk of the Court of Appeals for the appropriate circuit, setting forth the relevant facts and circumstances. 'The law's purpose is essentially forward-looking and not punitive.'
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