1 April 1999
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: April 1, 1999 (Volume 64, Number 62)]
[Notices]
[Page 15792-15794]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap99-126]

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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]
BILLING CODE 2210-55-M
