[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Notices]
[Pages 15792-15794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8025]


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JUDICIAL CONFERENCE OF THE UNITED STATES


Proposed Amended Rules for the Processing of Petitions for Review 
of Circuit Council Orders Under the Judicial Conduct and Disability Act

AGENCY: Judicial Conference of the United States.


[[Page 15793]]


ACTION: Request for comments.

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SUMMARY: The Judicial Conference Committee to Review Circuit Council 
Conduct and Disability Orders proposes an amendment to its Rules for 
the Processing of Petitions for Review of Circuit Council Orders under 
the Judicial Conduct and Disability Act, adopted in September 1989. The 
recommended change would amend Rule 6 to establish a 60-day time limit 
for filing a petition for review, with an additional 30 days for the 
filings of cross-petitions for review, by the Judicial Conference of 
action taken by the judicial council of a circuit in complaint 
proceedings under the Judicial Conduct and Disability Act, 28 U.S.C. 
372(c). The existing rules do not impose any time limit upon the filing 
of a petition for review with the Judicial Conference.

DATES: Written comments on these rules should be received on or before 
April 30, 1999.

ADDRESSES: Comments should be mailed to the Office of the General 
Counsel, Suite 7-290, Administrative Office of the United States 
Courts, One Columbus Circle, NE., Washington, DC. 20544.

FOR FURTHER INFORMATION CONTACT: Jeffrey N. Barr, Assistant General 
Counsel, Suite 7-290, Administrative Office of the United States 
Courts, One Columbus Circle, NE., Washington, DC 20544, telephone: 
(202) 502-1100.

Rules of the Judicial Conference of the United States for the 
Processing of Petitions for Review of Circuit Council Orders Under the 
Judicial Conduct and Disability Act

    The Judicial Conference of the United States prescribes these rules 
under the authority of section 372(c)(11) of title 28, United States 
Code, with respect to the processing of petitions for review submitted 
to the Conference under 28 U.S.C. 372(c)(10), seeking review of circuit 
council actions taken under 28 U.S.C. 372(c)(6) upon complaints of 
judicial conduct or disability:
    1. Petition for review may be made by the filing of a written 
submission to the Judicial Conference addressed as follows: Loenidas 
Ralph Mecham, Secretary, Judicial Conference of the United States 
Administrative Office of the United States Courts, Washington, DC 
20544, Attention: Office of the General Counsel.
    2. No form is prescribed for the filing of a petition for review.
    3. Such petition shall consist of a written submission in 
typewriting on plain paper of 8\1/2\ by 11 inch dimensions.
    4. No formal limitation is imposed upon the length of the petition, 
but it is suggested that such petition should not normally exceed 20 
pages in addition to the attachments required by Rule 8.
    5. The petition shall contain a short and plain statement of the 
basic facts underlying the complaint, the history of its consideration 
before the appropriate circuit judicial council, and the premises upon 
which the petitioner asserts entitlement to relief from the action 
taken by the council.
    6. A petition for review under these rules must be submitted within 
sixty (60) days following final action by the circuit judicial council 
under 28 U.S.C. 372(c)(6) and issuance of its implementing order under 
28 U.S.C. 372(c)(15). Once a petition for review has been submitted, a 
cross-petition for review must be submitted with thirty (30) days 
following submission of the petition for review, or within sixty (60) 
days following final action by the circuit judicial council under 28 
U.S.C. 372(c)(6) and issuance of its implementing order under 28 U.S.C. 
372(c)(15), whichever is later.
    7. Five copies of the petition for review shall be submitted, at 
least one of which shall bear the original ink signature of the 
petitioner or his or her attorney. If the petitioner submits a signed 
declaration of inability to pay the expense of duplicating the 
petition, the Administrative Office shall then accept the original 
petition alone and shall undertake necessary reproduction of copies at 
its expense.
    8. The petition for review shall have attached thereto a copy of 
each of the following documents:

--The order of the circuit judicial council issued under 28 U.S.C. 
372(c)(15), of which review is sought;
--The original complaint of judicial misconduct or disability that 
commenced the proceeding;
--Any other documents or correspondence arising in the course of the 
proceeding before the judicial council or its special committee which 
the petitioner deems essential or useful to the prompt disposition of 
the review petition.

    9. Upon receipt of a petition for review that appears on its face 
to be coherent, in compliance with these rules, and appropriate for 
present disposition, the Administrative Office shall promptly 
acknowledge receipt of the petition and advise the chairman of the 
Judicial Conference Committee to Review Circuit Council Conduct and 
Disability Orders, a committee appointed by the Chief Justice of the 
United States as authorized by 28 U.S.C. 331.
    10. Unless otherwise directed by the Executive Committee of the 
Judicial Conference, the Committee to Review Circuit Council Conduct 
and Disability Orders shall assume the consideration and disposition of 
all petitions for review, in conformity with the Judicial Conference 
statement of the Committee's jurisdiction.
    11. The Administrative Office shall then distribute the petition 
and its attachment to the members of the Committee to Review Circuit 
Council Conduct and Disability Orders for their deliberation. The 
petition shall receive an eight-digit identifying number of which the 
initial two digits shall refer to the year of filing, the next three 
digits shall be ``372,'' and the final three shall identify each 
individual petition. Unless otherwise directed by the chairman, the 
Administrative Office shall contact the circuit executive or clerk of 
the U.S. court of appeals for the appropriate circuit to obtain the 
record of circuit council consideration of the complaint for 
distribution to the Committee.
    12. In recognition of the review nature of petition proceedings 
under 28 U.S.C. 372(c)(10), no additional investigation shall 
ordinarily be undertaken by the Judicial Conference or the Committee. 
If such investigation is deemed necessary, the Conference or Committee 
may remand the matter to the circuit judicial council that considered 
the complaint, or may undertake any investigation found to be required. 
If such investigation is undertaken by the Conference or Committee, (a) 
adequate prior notice shall be given in writing to the judge or 
magistrate whose conduct is the subject of the complaint, (b) such 
judge or magistrate shall be afforded an opportunity to appear at any 
investigative proceedings which might be conducted and to present 
argument orally or in writing, and (c) the complainant shall be 
afforded an opportunity to appear at any proceedings conducted if it is 
considered that the complainant could offer substantial new and 
relevant information.
    13. Except where additional investigation is undertaken as provided 
in Rule 12, there shall be no arguments or personal appearances before 
the Committee. Unless the petition for review is amenable to 
disposition on the face thereof, the Committee may determine to receive 
written argument from the petitioner and from the other party to the 
complaint proceeding (the complainant or judge/magistrate complained 
against).
    14. The decision on the petition shall be made by written order as 
provided by 28 U.S.C. 372(c)(15). Such order shall be

[[Page 15794]]

forwarded by the committee chairman to the Administrative Office, which 
shall distribute it as directed by the chairman. In accordance with 
section 372(c)(15), orders of the Committee shall be maintained as 
public documents by the Administrative Office and by the clerk of the 
United States court of appeals for the circuit in which the complaint 
arose.
    15. In conformity with 28 U.S.C. 372(c)(10), all orders and 
determinations of the Judicial Conference or of the Committee on its 
behalf, including denials of petitions for review, shall be final and 
conclusive and shall not be judicially reviewable on appeal or 
otherwise.
Leonidas Ralph Mecham,
Secretary.
[FR Doc. 99-8025 Filed 3-31-99; 8:45 am]
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