UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 04-24 

IN RE: RULES GOVERNING COMPLAINTS OF JUDICIAL MISCONDUCT AND DISABILITY

Before BARTLEY, Chief Judge, and PIETSCH, GREENBERG, ALLEN, MEREDITH, 

TOTH, FALVEY, LAURER, and JAQUITH, Judges.

O R D E R

Pursuant to 38 U.S.C. § 7253(g) and consistent with 28 U.S.C. § 2071(b), the Court has 

determined that there is a need to amend the Court's Rules Governing Complaints of Judicial 

Misconduct and Disability (Rules) as well as the Complaint Form. Accordingly, it is 

ORDERED that the attached amended Rules and Complaint Form are hereby adopted, 

thereby superseding the Rules adopted in final form on August 31, 2004. The amended Rules 

are applicable to complaints made on or after January 10, 2024, and to all 

complaints pending in the Court as of that date. 

DATED: January 10, 2024 BY THE COURT: 

MARGARET BARTLEY 

Chief Judge 

Attachment: 

Revised rules and complaint form 
i

Rules of the Judicial Council of the United States Court of Appeals for Veterans Claims Governing 

Complaints of Judicial Misconduct and Disability

(Adopted January 10, 2024) 

TABLE OF CONTENTS

PREFACE TOTHE RULES 1 

CHAPTER I: FILING A COMPLAINT

Rule 1. WhenTo Use the ComplaintProcedure 1 

(a ) Purpose ofthe procedure.

(b ) What maybe complained about.

(c) Complaints about others.

(d ) Time forfilingcomplaints.

(e) Limitations onuseofthe procedure.

(c) Notice of ChiefJudge's action.

(d ) Public availability ofChiefJudge's decision.

(e) Report tojudicialcouncil.

(f ) Allegations of criminalconduct.

CHAPTERIII: REVIEWOF CHIEFJUDGE'S 

DISPOSITION OF COMPLAINT

Rule 5. PetitionforReviewby Judicial Councilof

Chief Judge's Disposition 7 

Rule 2. HowTo File a Complaint 2 (a) Membership ofjudicialcouncil.

(b) When petitionmaybe filed.

(a) Form.

(b) Statementoffacts. Rule 6. HowTo PetitionforJudicial Council

(c) Legibility. Reviewof a Dispositionby Chief Judge 8 

(d) Submissionof documents.

(e) Number of copies. (a) Time.

(f) Signature, contactinformation, andoath. (b) Form.

(g) Anonymous complaints. (c) Legibility.

(h) Where to file. (d) Number of copies.

(i) No fee required. (e) Statementof groundsfor petition.

(j) Chief Judge's authorityto initiatecomplaint. (f) Signature.

(g) Where to file.

Rule 3. Actionby Clerkof Court

Upon Receipt of Complaint 4 

(a ) Receipt of complaint in properform.

(b ) Receipt of complaintaboutofficial 

other than Judge of the Court.

(c) Receipt of complaintabout Judge ofthe Court 

and another official.

(d ) Receipt of complaintnot in properform.

(e) Referralof pertinent information toChief Judge.

CHAPTERII: REVIEWBYCHIEFJUDGE 

OF A COMPLAINT

Rule 4. Reviewby the Chief Judge 5 

(a ) Procedure forreviewbyChiefJudge.

(b ) Actions available toChief Judge.

(h ) No fee required.

Rule 7. Actionby Clerkof CourtUponReceipt

of PetitionforJudicialCouncil Review 9 

(a ) Receipt oftimely petitionin properform.

(b ) Receipt of untimely petition.

(c) Receipt oftimely petitionnot in properform.

Rule 8. Action by Judicial Council on Petition for 

Review 10

(a ) Written ballot.

(b ) Availability of documents.

(c ) Vote at meetingofjudicialcouncil.

(d ) Rights of Judgecomplainedabout.

(e ) Notice of judicialcouncildecision.

(f ) Public availability ofjudicialcouncildecision.

(g) Quorum for dispositive voting.
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CHAPTER IV: INVESTIGATION AND 

RECOMMENDATIONBYSPECIALCOMMITTEE

CHAPTERV: JUDICIAL COUNCIL

CONSIDERATIONOF RECOMMENDATIONSOF 

SPECIAL COMMITTEE

Rule 9. Appointment of Special Committee 11

Rule 14. Actionby Judicial Council 15

(a) Membership.

(b) Presidingofficer. (a) Judicialcouncilconsideration.

(c) Notice of appointment ofspecial (b) Basis of judicialcouncilaction.

committee. (c) Dismissal.

(d) Provision of documents. (d) Conclusion of proceedingon basis of

(e) Continuingqualification of committeemembers. corrective actiontaken.

(f) Quorum andvotingrequirements. (e) Referralto orreviewbyJudicialConference

(g) Inability of committee memberto complete of the UnitedStates.

service. (f) Order of corrective action.

(g) Combinationof actions.

Rule 10. Conduct of Investigation 12 (h ) Recommendation about fees.

(i) Notice of action ofjudicialcouncil.

(a) Extent andmethodsto bedeterminedby (j) Public availability ofjudicialcouncilaction.

committee. (k) Allegations of criminalconduct.

(b) Criminalmatters.

(c) Staff. Rule 15. Proceduresfor Judicial Council;Amicus

(d) Delegation. Curiae 17

(e) Report.

(f) Voting. (a) Rights of Judge complainedabout.

(b) Conductof additionalinvestigation byjudicial

Rule 11. Conduct of Hearings by Special Committee 13 council.

(c) Amicus curiae.

(a) Purpose of hearings.

(b) Notice to Judge complainedabout.

(c) Committeewitnesses. CHAPTERVI: MISCELLANEOUSRULES

(d) Witnesses called bytheJudge.

(e) Witnessfees.

(f) Rules of evidence;oath.

Rule 16. Confidentiality 18

(g) Record and transcript. (a) Generalrule.

(b) Files.

Rule 12. Rights of JudgeUnder Investigation 14 (c) Disclosure in memorandaof reasons.

(a) Notice.

(d) Availability to JudicialConferenceof the United 

 States

(b) Representation by counsel. (e) [Reserved]

(c) Right to hearing; presentationof evidence. (f) Removalproceedings.

(d) Presentationof argument. (g) Consent ofJudge complainedabout.

(e) Attendance at hearings. (h) Disclosure by judicialcouncilin special

(f) Receipt of committee'sreport. circumstances.

 (i) Disclosure of identity byJudge complained

Rule 13. Rights of ComplainantDuring about.

Investigation 14 (j) Assistanceandconsultation.

(a) Notice. Rule 17. Public Availability of Decisions 19

(b) Opportunitytoprovideevidence and attend

hearing. (a) Generalrule.

(c) Presentationof argument. (b) Manner ofmakingpublic.

(d) Representationbycounsel. (c) Decisions of JudicialConferenceofthe United States 

 standing committee.
iii

(d ) Specialrule for decisionof judicialcouncil.

(e) Complaints referred to JudicialConference 

of the United States.

Rule 18. Disqualification 20

(a ) Complainant.

(b ) Judge complainedabout.

(c) Disqualification ofChiefJudge onconsideration 

of petition for review of Chief Judge's order.

(d ) Member ofspecialcommittee notdisqualified.

(e) Judge underinvestigation.

(f ) Substitute for disqualifiedChiefJudge.

Rule 19. Withdrawal ofComplaints

andPetitionsforReview 21

(a ) Complaint pendingbefore ChiefJudge.

(b ) Complaint pending before special committee 

or judicial council.

(c) Petition forreviewofChief Judge's disposition.

Rule 20. Nonexclusivity;Applicability 21

(a ) Consideringinformation.

(b ) Additionalapplicability.

Rule 21. Availability ofRulesandForms 22

Rule 22. EffectiveDate 22

Rule 23. Advisory Committee 22

Appendix 

Complaint form
Preface to the Rules

On November 2, 2002, section 372(c) of title 28, U.S. Code, was replaced by a new chapter 16 of title 

28 by the Judicial Improvements Act of 2002, Complaints Against Judges and Judicial Discipline (hereinafter 

referred to as "the Act" or "chapter 16") (28 U.S.C. §§ 351-364), Pub. Law No. 107-273, § 11042(a), 116 Stat. 

1848, 1848-55 (2002). The Act was reorganized as a separate chapter in order to "publicize its existence 

and . . . facilitate its use." H.R. REP. NO. 107-459, at 8 (2002). Section 11043(f) of the Act made conforming 

amendments to 38 U.S.C. § 7253(g). In addition, 38 U.S.C. § 7299 was added by Public Law No. 106-117, 

§ 1024(a), on November 30, 1999, to address the subject of restrictions on the activities of recall-eligible Judges 

serving in recall status and those not so serving. Amendments to these Rules made them consistent with those 

statutory changes.

Chapter 16 of title 28, made applicable to the Court by virtue of section 7253(g)(1) of title 38, provides a

way for any person to complainabout a FederalJudge who theperson believes "has engaged in conductprejudicial

to the effective and expeditious administration of the business of the courts" or "is unable to discharge all the

duties of office by reason of mental or physical disability." 28 U.S.C. § 351(a). It also permits the judicial 

councils of the Federal circuits and other affected Federal courts to adopt Rules for the consideration of these 

complaints. These Rules have been adopted under that authority.

This Preface and the ensuing Rules, adopted by the Court on August 27, 2004, as final Rules, were 

initially derived from the Illustrative Rules Governing Complaints of Judicial Misconduct and Disability, 

proposed by the Judicial Conference of the United States Committee to Review Circuit Council Conduct and 

Disability Orders, and were amended to comply with the changes made by Public Law No. 107-273. Further 

modernizing amendments were made on January 10, 2024 and adopted as final on that date.

Chapter I: Filing a Complaint 

RULE 1. WHEN TO USE THE COMPLAINT PROCEDURE

(a) Purpose of the procedure. The purpose of the complaint procedure is to improve the 

administration of justice in the Court by taking action when Judges have engaged in conduct that 

does not meet the standards expected of Federal judicial officers or when Judges are physically or 

mentally unable to perform their duties. The law's purpose is essentially forward looking and not

punitive. The law emphasizes the correction of conditions that interfere with the proper

administration of justice in the Court.

(b) What may be complained about. The law authorizes complaints about Judges who have 

"engaged in conductprejudicialto the effective andexpeditious administration ofthe business ofthe 

courts" or who are "unable to discharge all the duties of office by reason of mental or physical 

disability."28 U.S.C. § 351(a); seeRule 20. A Judge who isthe subjectof a complaintunderthese 

Rules is referred to herein as the "Judge complained about."

"Conductprejudicialto the effective and expeditious administration of the business of the courts" is 

not a precise term.It applies onlyto the conductof a Judge duringactive status,or of a retired recalleligible Judge during a period when thatJudge is serving in recallstatus (see 38 U.S.C. § 7299),
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and includes such things as use of the Judge's office to obtain special treatment for friends and 

relatives, acceptance of bribes, improperly engaging in discussions about cases with lawyers or 

parties to such cases in the absence of representatives of opposing parties, and other abuses of 

judicialoffice. Itdoes notinclude makingwrongdecisions – even very wrongdecisions – in cases. 

Also, there is a rebuttable presumption that it does not include actions of a Judge that are in 

accordancewith advice,relied uponby the Judge,fromthe JudicialConference of the United States' 

Committee on theCodes of JudicialConduct. The law providesthat a complaintmay be dismissed 

if it is "directly related to the merits of a decision or procedural ruling."

"Mental or physical disability" may include temporary conditions as well as permanent disability.

(c) Complaints about others. Complaints about other officials of the Courtshould be made to their 

supervisors in the Court. If such a complaint cannot be satisfactorily resolved at lower levels, it 

may be referred to theChief Judge. The Clerk of the Court (Clerk), whose address is 625 Indiana 

Avenue, NW, Suite 900, Washington, DC 20004-2950, whose telephone number is (202) 501-

5980, and whose email address is clerk@uscourts.cavc.gov, is sometimes able to provide 

assistance in resolving such complaints.

(d) Time for filing complaints. A complaint may be filed at any time, except as provided in Rule 

4(b)(4)-(5). However, complaints should be filed promptly. A complaint willbe dismissed if it is 

filed so long after the events in question that the delay will make fair consideration of the matter 

impossible.

(e) Limitations on use of the procedure. The complaint procedure may not be used to provide a 

means of obtaining review of a Judge's decision or ruling in a case. A motion for reconsideration 

or review, under Rule 35 of the Court's Rules of Practice and Procedure, may be used for that 

purpose in appropriate circumstances. The complaint procedure may not be used to seek 

disqualification of a Judge from sitting on a particular case. A motion for disqualification, under 

Rule 27 of the Court's Rules of Practice and Procedure, may be used for that purpose. Also, the 

complaint procedure may not be used to force a ruling on a particular motion or other matter that 

has been before the Judge for a long time.

RULE 2. HOW TO FILE A COMPLAINT

(a) Form. Complaints must be made on the official form for filing complaints, which is reproduced 

in the appendix to these Rules. Forms may be obtained from the Court's website at 

www.uscourts.cavc.gov/judicial_misconduct.php, by writing, telephoning, or emailing the Clerk

(see Rule 1(c) for address, telephone number, and email address), or in person at the office of the 

Clerk.

(b) Statement of facts. A statement should be attached to the complaint form, setting forth with 

particularity the facts on which the claim of misconductor disability is based. The statementshall 

not be longer than 5 pages (5 sides), and the paper size shall be no larger than 81⁄2" by 11". Under 

extraordinary circumstances, an allowance for more pages may be granted by the Chief Judge, if

a complainant believes he or she cannot address the alleged judicial behavior within 5 pages. If a
3

statement longer than 5 pages is submitted, at that time the complainant must include a separate 

document that explains why a longer submission should be allowed. The complainant will be 

notified if the request to submit a longer statement is not granted, and the complaint may be 

resubmitted to conform with page and length requirements. The statement of facts shall include 

(1) a statement of what occurred;

(2) the time and place of the occurrence or occurrences; and

(3) any otherinformationthatwouldassist an investigatorin checkingthe facts,suchasthe presence 

of witnesses and their names and addresses.

(c) Legibility. Complaints should be typewritten if possible, in a font size 12 point or larger. If not 

typewritten, complaints must be legible.

(d) Submission of documents. Documents such as excerpts from transcripts may be submitted as 

evidence of the behavior complained about; if they are, the statement of facts should refer to the 

specific page(s) in the documents on which relevant material appears. The entire complaint must 

not exceed 15 pages (15 sides), unless a request to exceed the page limit is submitted with the 

complaint, as described in Rule 2(b), and approved by the Chief Judge.

(e) Number of copies. One complete copy of the complaint form, of the statement of facts, and of 

any supporting documents should be filed.

(f) Signature, contact information, and oath. The complaint form filed by the complainant must 

include the complainant's contact information (including telephone number,street address, and email 

address), the complainant'ssignature, and the complainant's verificationin writing, under penalty of 

perjury, of the truth of the statementsmade in the complaint.

(g) Anonymous complaints. Anonymous complaints are not handled under these Rules. However, 

anonymous complaintsreceived by theClerk will be forwarded to theChief Judge forsuch action 

as the Chief Judge considers appropriate. See Rules 18 and 20.

(h) Where to file. Complaintsmay be filed by mail or email. Complaintsfiled by mailshould be sent 

to:

Clerk, United States Courtof AppealsforVeteransClaims 

625 Indiana Avenue, NW, Suite 900

Washington, DC20004-2950

The envelope should be marked "CONFIDENTIAL: Complaint of Misconduct" or 

"CONFIDENTIAL: Complaint of Disability." The name of the Judge complained aboutshould

not appear on the envelope.

Complaints filed by email should be sent to efiling@uscourts.cavc.gov. The subject line of the

email should be "CONFIDENTIAL: Complaint of Misconduct" or "CONFIDENTIAL: Complaint 
4

of Disability." The name of the Judge complained about should not appear in the subject line.

(i) No fee required. There is no filing fee for filing complaints of misconduct or disability.

(j) Chief Judge's authority to initiate complaint. In the interest of effective and expeditious 

administration of the business of the Court and on the basis of information available to the Chief 

Judge, the Chief Judge may, by nonpublic written order stating reasons therefor, identify a 

complaint (and its nature) as authorized by 28 U.S.C. § 351(b) and thereby dispense with the filing

of a written complaint. In such event, the Chief Judge will not automatically be considered a

complainant and,subjectto the secondsentence ofRule 18(a), willperform allfunctionsassigned to

the Chief Judge under these Rules for the determination of complaints filed by a complainant.

RULE 3. ACTION BY CLERK OF COURT UPON RECEIPT OF COMPLAINT

(a) Receipt of complaint in proper form. When the Clerk receives a complaint that is filed in

compliance with the requirements of Rule 2, the Clerk will open a file, assign a nonpublic docket 

number, and acknowledge receipt of the complaint. The Clerk will promptly send copies of the

complaint to the Chief Judge (or the Judge authorized to act as Chief Judge under Rule 18(f)) and

will provide a copy (and obtain a receipt therefor) to each Judge complained about. The original 

complaint will be retained by the Clerk.

After the Chief Judge issues an order identifying a complaint under Rule 2(j), the Clerk will

expeditiously processsuch complaint as otherwise provided by these Rules.

(b) Receipt of complaint about official other than Judge of the Court. If the Clerk receives a 

complaint about an official other than a Judge, the Clerk will not accept the complaint forfilingand 

will advise the complainant in writing of the procedure for filing such complaints.

(c) Receipt of complaint about Judge of the Court and another official. If the Clerk receives a 

complaint about a Judge and another official, the Clerk will accept the complaint for filing only 

with regard to the Judge and will advise the complainant accordingly.

(d) Receipt of complaint not in proper form. If the Clerk receives a complaint against a Judge that 

is filed on the complaintform butdoes not comply with the requirements of Rule 2, theClerk will 

not acceptthe complaintforfilingand will advise the complainantof the appropriate procedures.If 

a complaint against a Judge isreceived in letterform or otherwise noton the officialform forfiling 

complaints, the Clerk will not accept that communication for filing as a complaint, will advise the 

writer of the right to file a formal complaint under these Rules, and will enclose a copy of these 

Rules and the accompanying form.

(e) Referralofpertinent informationto Chief Judge. Notwithstandingthe precedingsubsections of 

this Rule, the Clerk will refer to the Chief Judge any information, in any complaint not accepted 

for filing, that the Clerk believes should be brought to the attention of the Chief Judge. See 

Rule 20(a).
5

Chapter II: Reviewby Chief Judge of a Complaint 

RULE 4. REVIEW BY CHIEF JUDGE

(a) Procedure for review by Chief Judge. When a complaint in proper form is sent to the Chief

Judge by theClerk oridentifiedundersection 351(b)(seeRule 2(j)), theChief Judge willreviewthe 

complaint (see Rule 18(a)). In determining what action to take, the Chief Judge may conduct a 

limited inquiry for the purpose of determining (1) whether appropriate corrective action has been 

or can be taken without the necessity for a formal investigation, (2) whether intervening events 

have made action on the complaint unnecessary, and (3) whether the facts stated in the complaint 

are either plainly untrue or are incapable of being established through investigation. For this 

purpose, the Chief Judge may request the Judge whose conduct is complained of to file a written 

response to the complaint. The Chief Judge or his or her designee may also communicate orally 

or in writing with the complainant, the Judge whose conduct is complained of, and other persons 

who may have knowledge of the matter, and the Chief Judge or his or her designee may review 

any transcripts or other relevant documents. TheChief Judge willnotundertake to makefindings of

fact about anymatterthat,after an initial limited inquiry, remains reasonably in dispute.

(b) Actions available to Chief Judge. After reviewing a complaint under subsection (a), the Chief 

Judge, by written order stating his or her reasons, may

(1) dismissthe complaint if the Chief Judge finds that–

(A) the claimed conduct, evenif the claimistrue, is not "conductprejudicialto the effective and 

expeditious administration of the business of the courts" and does not indicate a mental 

or physical disability resulting in inability to discharge the duties of office; or

(B) the complaint is directly related to the merits of a decision or procedural ruling; or

(C) the complaint is frivolous, a term that includes making charges that are wholly 

unsupported; or

(D) a limited inquiry conducted under subsection (a) demonstrates that the allegations in the 

complaintlack any factual foundation or are conclusively refuted by objective evidence; 

or

(E) the Court does not have jurisdiction; or

(F) the complaintis abusive or orchestrated, if reviewed bytheChiefJudge followingprocedures 

outlined inRule 4(b)(4) or 4(b)(5); or

(G) under chapter 16 of title 28, the complaint is otherwise not appropriate for consideration;

or
6

(2) conclude the proceedingif theChief Judge determinesthat appropriate action has been takento 

remedy the problem raised by the complaint or that action on the complaint is no longer 

necessary because of intervening events; or

(3) appoint a special committee, constituted as provided in Rule 9, to investigate the complaint 

and make recommendations to the judicial council. However, ordinarily a special committee 

will not be appointed until the Judge complained about has been invited to respond to the 

complaint and has been alloweda reasonable time to do so.In the discretion of theChiefJudge,

a complaint or complaints about more than one Judge, growing out of the same course of 

conduct, may be joined or severed; or

(4) order the complainantto show cause in writing why the right to file further complaintsshould 

not be limited if the Chief Judge finds the complaint(s) abusive (for example, the 

complainant(s) hasfiled repetitive, harassing, orfrivolous complaints or has otherwise abused 

the complaint procedure). This limitation could prohibit, restrict, or impose condition(s) on 

the complainant's use of the complaintprocedure. Uponwritten requestof the complainant(s), 

the limitation or condition(s) may be revised or withdrawn; or

(5) order the Clerk to accept only a limited number of complaints for filing if the Chief Judge 

finds essentially identical complaints from different complainants have been received and 

appear to be part of an orchestrated effort. This restriction may occur after the first complaint 

or complaints have been dismissed on the merits, and further identical submissions follow–

with the specific number to be accepted to be determined by the Chief Judge at that time. If 

the Court does not accept a complaint for this reason, any unaccepted complaint will be sent 

to the complainant with a copy of the limitation order and a supporting memorandum 

explaining the Court's reasoning.

If the Chief Judge dismisses the complaint under Rule 4(b)(1)(E), the Chief Judge, based on 

information in the complaint, may (i) make notification as described in Rule 14(f)(6), and 

(ii) recommend to the Board of Judges of the Courtsystemic corrective action (that is, action not

directed against the Judge complained about in particular) to ensure the effective and expeditious

administration of the business of the Court. See Rule 20(a).

(c) Notice of Chief Judge's action.

(1) If the Chief Judge issues an order dismissingthe complaintor concludingthe proceedingon the 

basis of corrective action taken or because intervening events have made action on the 

complaintunnecessary, the Chief Judge will prepare a supportingmemorandum thatsetsforth 

the allegations of the complaint and the reasonsforthe disposition. The memorandum will not 

include the name of the complainant or of the Judge complained about. The order and the 

supporting memorandum will be provided, by personal delivery, certified or registered mail 

with return receipt, or electronic delivery, to the complainant and the Judge complained about. 

The complainant will be notified of the right to petition the judicial council for review of the 

decision and of the deadline for filing a petition.
7

(2) If a special committee is appointed, theChief Judge willnotify, by personaldelivery, certified 

or registered mail with return receipt, or electronic delivery, the complainant and the Judge

complained about that the matter has been referred, and the Chief Judge will inform them of 

the membership of the committee.

(d) Public availability ofChief Judge's decision. Materials related to theChief Judge's decisionwill 

be made public at the time and in the manner set forth in Rule 17.

(e) Reportto judicial council. TheChief Judge willfromtime to time reportto the judicial councilon 

actions taken under this Rule.

(f) Allegations of criminal conduct. If the Chief Judge dismisses, for lack of jurisdiction, 

nonfrivolous allegations of criminal conductby a Judge because those allegations do notfallunder 

the scope of 28 U.S.C. § 351(a), the Chief Judge's order of dismissal will inform the complainant 

thatthe dismissaldoes notpreventthe complainantfrombringingany allegations of criminal conduct 

to the attention of appropriate Federal or state criminal authorities. If, in this situation, the 

allegations of criminal conductwere originally referred to theCourtby a congressional committee 

or member of Congress, the Chief Judge–if no petition for review of the dismissal is filed within 

the 30-day period specified by Rule 6(a)–will notify the congressional committee or member that 

the Court has concluded that it lacks jurisdiction under section 351(a).

Chapter III: Review ofChief Judge's Disposition of Complaint

RULE 5. PETITIONFOR REVIEW BY JUDICIALCOUNCILOFCHIEF JUDGE'S 

DISPOSITION

(a) Membership of judicial council. Except as provided in the next sentence, the judicial council 

consists of all Judges who are in regular active service at the time that a complaint is referred to 

the judicial council as a result of (1) a petition for review under Rule 8, or (2) a report of a special 

committee under Rule 10(e). No Judge whose actions are the subject of a pendinginvestigation or 

subsequentproceedingpursuantto a complaintundertheseRulesmayserve on the judicial council 

during that investigation or any subsequent proceeding relating to it. The judicial council must 

have a minimum of fivemembers to review a decision pursuant to Rule 8 or a recommendationof 

the special committee pursuant to Rule 10(e). If at least five active Judges are not eligible to serve 

on the judicial council, theChief Judge willdirecttheClerk to randomly select and appoint enough 

Senior Judges–first from currently recalled Senior Judges and then from recall-eligible Senior 

Judges, if necessary–to serve on the council.

(b) When petition may be filed.If the Chief Judge dismisses a complaintor concludesthe proceeding 

on the ground that corrective action has been taken or that intervening events have made action 

unnecessary, a petition for review may be addressed to the judicial council by a complainant or 

the Judge complained about.
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RULE6. HOWTO PETITIONFOR JUDICIALCOUNCILREVIEWOFA DISPOSITION BY 

CHIEF JUDGE

(a) Time.

(1) Except as provided in paragraph (2) of this subsection, a petition for review must be received 

in the office of the Clerk not later than 30 days after the date of the Clerk's letter transmitting 

the Chief Judge's order to the complainant.

(2) When the complainantislocated outside the United States, Puerto Rico, orthe U.S. Virgin

Islands, 30 additional days will be added to the period prescribed in paragraph (1) of this 

subsection.

(b) Form. A petition should be in the form of a letter, addressed to the Clerk, beginning: "I hereby 

petition the judicial council for review of the Chief Judge's order of [date] . . . ." There is no need 

to enclose a copy of the original complaint.

(c) Legibility. Petitions should be typewritten if possible, in a font size 12 point or larger. If not 

typewritten, petitions must be legible.

(d) Number of copies. Only an original is required.

(e) Statement of grounds for petition. The petition should set forth a briefstatement of the reasons 

why the petitioner believes that the Chief Judge should not have dismissed the complaint or 

concluded the proceeding. The statementshould not repeat the complaint; the complaint will be

made available to members of the judicial council considering the petition. The petition should be

limited to 5 pages (5 sides), on paper not larger than 81⁄2" by 11", with no appendix or attachment.

(f) Signature. The petition must be signed.

(g) Where to file. Petitionsmay be filed by mailor email. Petitions filed by mailshould be sentto: 

Clerk, United States Court of Appeals for Veterans Claims

625 Indiana Avenue, NW, Suite 900

Washington, DC 20004-2950

The envelope should be marked "CONFIDENTIAL: Misconduct Petition" or "CONFIDENTIAL: 

Disability Petition." The name of the Judge complained about should not appear on the envelope.

Petitions filed by email should be sent to efiling@uscourts.cavc.gov. The subject line of the email 

should be "CONFIDENTIAL: Misconduct Petition" or "CONFIDENTIAL: Disability Petition."

The name of the Judge complained about should not appear in the subject line.

(h) No fee required. There is no fee for filing a petition under this procedure.
9

RULE 7. ACTION BY CLERK OF COURT UPON RECEIPT OF PETITION FOR

JUDICIAL COUNCIL REVIEW

(a) Receipt of timely petition in proper form. When the Clerk receives a petition for review filed

within the time allowed and in proper form under these Rules, the Clerk will acknowledge receipt 

of the petition. The Clerk will promptly provide each member of the judicial council, except for 

any member disqualified under Rule 18, copies of

(1) the complaint formand statement of facts,

(2) any response filed by the Judge complained about,

(3) any record of information received by the Chief Judge in connection with the Chief Judge's 

consideration of the complaint,

(4) the Chief Judge's order disposing of the complaint,

(5) any memorandumin support of the Chief Judge's order,

(6) the petition forreview,

(7) any other documentsin the complaintfile that appearto be relevant and materialto the petition,

(8) a list of any documents in the complaint file that are not being provided because they are

not considered relevant and material, and

(9) a written ballot that conforms with Rule 8(a).

The Clerk will also provide, by personal delivery, certified or registered mail with return receipt, 

or electronic delivery, the same materials, except for the ballot, to the Judge complained about or 

the complainant (if the Judge complained about filed the petition), except that materials previously 

provided may be omitted.

(b) Receipt of untimely petition. The Clerk will refuse to accept a petition that is received after the 

deadline set forth in Rule 6(a).

(c) Receipt of timely petition not in proper form. Upon receipt of a petition filed within the time 

allowed but not in proper form under these Rules (including a document that is ambiguous about 

whether a petition forreviewis intended), the Clerk will acknowledge receipt of the petition, call 

the petitioner's attention to the deficiencies, and give the petitioner the opportunity to correct the 

deficiencies not later than 15 days after the date of the Clerk's letter or the original deadline for 

filing the petition, whicheverislater. If the deficiencies are corrected within the time allowed, the 

Clerk will proceed in accordance with subsection (a) of this Rule. If the deficiencies are not 

corrected, the Clerk will reject the petition.
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RULE 8. ACTION BY JUDICIAL COUNCIL ON PETITION FOR REVIEW

(a) Written ballot.Each member of the judicial councilto whom a ballotwas provided (exceptforthe 

Chief Judge)will return a signed ballot, or otherwise communicate the member's vote, to the Clerk. 

The ballot will provide opportunities to vote to (1) deny the petition, (2) place the petition on the 

agenda of a meeting of the judicial council for discussion, or (3) grant the petition and place the 

complaint before the judicial council (which may include referral to a special committee (see the 

last sentence of this subsection)). The ballot will also provide an opportunity for members to 

indicate that they have disqualified themselves from participating in consideration of the petition.

Except as otherwise provided in this subsection, votes will be tabulated when all members of the 

judicial council to whom ballots were provided have either voted or indicated that they are 

disqualified. After 20 days have elapsed from the date that the petition and related materials were 

provided to members of the judicial council, votes may be tabulated if they have been cast by at 

least two-thirds of the members to whom ballots were provided. Members who have disqualified 

themselves will be treated for this purpose as if ballots had not been provided to them.

If a majority of the votes cast are for denialof the petition, theChief Judge's orderwillbe affirmed, 

except as provided in the next sentence of this subsection and in subsection (g). If any of the 

members vote to place the petition on the agenda of a judicial council meeting or if any of the 

members (but less than a majority) vote to grant the petition, the petition will be placed on the 

agenda of a judicial council meeting. If a majority of the votes cast are to grant the petition, the 

complaint will be referred to a special committee (see chapter IV of these Rules).

(b) Availability of documents. Upon request, the Clerk will make available to any member of the 

judicial councilorto the Judge complained about any documentfromthe filesthatwas notprovided

to the judicial council members pursuant to Rule 7(a).

(c) Vote at meeting of judicial council. If a petition is placed on the agenda of a meeting of the 

judicial council for a discussion, judicial council action to grant or deny the petition may, subject 

to subsection (g), be taken by a majority of the members present and voting(exceptthatthe Chief 

Judge will notvote on the petition). Unless a majority votes to grant the petition, it will be denied, 

except as provided in subsection (g).

(d) Rights of Judge complainedabout.

(1) At any time after a complainant files a petition for review, the Judge complained about may 

file a written response with the Clerk. The Clerk will promptly distribute copies of the 

response to each member of the judicial council who is not disqualified, to the Chief Judge (if 

not disqualified), and to the complainant. The Judge complained about may not communicate

with judicial council members individually about the matter, either orally orin writing.

(2) The Judge complained about will be provided with copies of any communications that may 

be addressed to the members of the judicial council from the complainant.
11

(e) Notice of judicial council decision.

(1) The order stating the decision of the judicial council, together with any accompanying 

memorandum in support of the order, will be provided, by personal delivery, certified or 

registered mail with return receipt, or electronic delivery, to the complainant and the Judge

complained about.

(2) If the decision is unfavorable to the complainant, the complainant will be notified that the law 

provides for no further review as of right of the decision but only such review as is provided

forinRule 14(e)(2)in the discretion of the JudicialConferenceof the United States.

(3) A memorandum supporting a judicial council order will not include the name of the 

complainant or the Judge complained about. If the order of the judicial council affirms the 

Chief Judge's disposition, a supporting memorandum will be prepared only if the judicial 

council concludesthatthere is a need to supplementthe Chief Judge's explanation.

(f) Public availability ofjudicial councildecision. Materialsrelated to the judicial council's decision 

will be made public at the time and in the manner set forth in Rule 17.

(g) Quorum for dispositive voting. A dispositive vote by the judicial council (to grant or deny the 

petition)will not take effect if less than a majority of the number of active Judges participated in 

that vote (see Rule 5); in that instance, the matterwillbe referred to the JudicialConferenceof the 

United States under Rule 14(e) unless the Chief Judge and all of the participating Judges agree on 

the disposition of the complaint.

Chapter IV: Investigationand Recommendationby Special Committee 

RULE 9. APPOINTMENT OF SPECIAL COMMITTEE

(a) Membership. A special committee appointed pursuant to Rule 4(b)(3) will consist of the Chief 

Judge and two additional Judges, except as provided for in subsection (e).

(b) Presiding officer. When the committee is appointed, the Chief Judge will designate one of its 

members (who may be the Chief Judge) as the presiding officer. When designating another 

member of the committee as the presiding officer, the Chief Judge may also delegate to such 

member the authority to direct the Clerk to issue subpoenas related to proceedings of the 

committee.

(c) Notice of appointment of special committee. If such action has not already been taken under 

Rule 4(c)(2), the presiding officer will notify, by personal delivery, certified or registered mail 

with return receipt, or electronic delivery, the complainant and the Judge complained about that 

the matter has been referred to a special committee, and the presiding officer will inform them of 

the membership of the committee.
12

(d) Provision of documents. The Chief Judge will certify to each other member of the committee 

copies of (1) the complaint form and statement of facts, and (2) any other documents on file 

pertaining to the complaint (or to that portion of the complaint referred to the special committee).

(e) Continuing qualification of committee members. A member of a special committee who was 

qualified at the time of appointment will continue to serve on the committee even though the 

member relinquishes the position of Chief Judge or active Judge, as the case may be, but only if 

the member continues in active service or is a recall-eligible Judge serving in recall status.

(f) Quorum and voting requirements. At least two members of the special committee must be 

presentto transactbusiness, and atleasttwo membersmustvote in supportof any proposed action 

of the committee.

(g) Inability of committee member to complete service. In the event that a member of a special 

committee can no longer serve because of death, disability, disqualification,resignation, retirement 

from office, or other reason, the Chief Judge will determine whether to appoint a replacement 

member.

RULE 10. CONDUCT OF INVESTIGATION

(a) Extent and methods to be determined by committee. Each special committee will determine 

the extent of the investigation and the methods of conducting it that are appropriate in the light of 

the allegations of the complaint. If, in the course of the investigation, the committee develops 

reason to believe that the Judge may have engaged in misconduct that is beyond the scope of the 

complaint, the committeemay,with written notice, by personaldelivery, certified or registered mail 

with return receipt, or electronic delivery, notify the Judge complainedaboutthat the committee will 

expand the scope of the investigation to encompass such misconduct.

(b) Criminal matters. In the eventthatthe complaint alleges criminal conducton the partof a Judge, 

or in the eventthat the committee becomes aware of possible criminal conduct, the committee will 

consultwith the appropriate prosecuting authorities, to the extentpermitted by 28 U.S.C. § 360, in 

an effortto avoid compromisingany criminalinvestigation. However, the committee willmake its 

own determination about the timing of its activities, having in mind the importance of ensuring 

the proper administration of the business of the Court.

(c) Staff. The committee may arrange for staff assistance in the conduct of the investigation. It may 

use existing staff of the Court or may arrange, through the Clerk, for the hiring of special staff to 

assist in the investigation.

(d) Delegation.The committeemay delegate duties underthisRule in its discretion to subcommittees, 

to staff members, or to individual committee members. The authority to exercise the committee's 

subpoena powers under 28 U.S.C. § 356 and 38 U.S.C. § 7253(g) may be delegated only to the 

presiding officer. In the case of failure to comply with such subpoena, the judicial council or 

special committee may institute a contempt proceeding consistent with 28 U.S.C. § 332(d) and

38 U.S.C. § 7265(a).
13

(e) Report. The committee will file with the judicial council a comprehensive report of its investigation, 

including findings of the investigation and the committee's recommendations for judicial council 

action. Any findingadverseto the Judge complainedaboutwillbe based on evidence in the record. 

The report will be accompanied by a statement of the vote by which it was adopted, any separate 

or dissenting statements of committee members, and the record of any hearing held pursuant to 

Rule 11.

(f) Voting. All actions of the committee willbe by vote of a majority of allmembersof the committee.

RULE 11. CONDUCT OF HEARINGSBY SPECIAL COMMITTEE

(a) Purpose of hearings. The committee may hold hearings to take testimony and receive other 

evidence, to hear argument, or both.If the committee isinvestigatingallegations againstmore than 

one Judge, it may, in its discretion, hold a joint hearing or separate hearings.

(b) Notice to Judge complained about. The Judge complained aboutwill be given adequate advance 

notice in writing, by personaldelivery, certifiedorregistered mailwith return receipt, or electronic 

delivery, of any hearing to be held, its purposes, and the names of any witnesses whom the 

committee intends to call. The Judge complained about will also be provided with the text of any 

statements that have been taken from such witnesses. The Judge complained about may at any 

time suggest additional witnesses to the committee.

(c) Committee witnesses. All persons who are believed to have substantial information to offer will 

be called as committee witnesses. Such witnesses may include the complainant and the Judge

complained about. The witnesses will be questioned by committee members,staff, or both. The 

Judge complained about will be afforded the opportunity to cross-examine committee witnesses, 

personally or through counsel.

(d) Witnesses called by the Judge. The Judge complained about is entitled to call witnesses and 

examine thempersonallyorthrough counsel. Such witnessesmay also be examined by committee 

members, staff, or both.

(e) Witness fees. Witness fees will be paid as provided for in 28 U.S.C. § 1821 (as made applicable

through 38 U.S.C. § 7253(g)(3)(A)).

(f) Rules of evidence; oath. The FederalRules ofEvidence will apply to anyevidentiaryhearingexcept 

to the extent that departures from the adversarial format of a trial make them inappropriate. All 

hearing testimony will be under oath or affirmation.

(g) Recordand transcript. A record and transcript will be made of any hearing held.
14

RULE 12. RIGHTS OF JUDGE UNDER INVESTIGATION

(a) Notice. The Judge complained about is entitled to written notice of an investigation (Rule 4(c)), 

to written notice of expansion ofthe scope of an investigation (Rule 10(a)),and to written notice of 

any hearing(Rule 11(b)). All noticeswill be provided by personal delivery, certified or registered 

mail with return receipt, or electronic delivery.

(b) Representation by counsel. The Judge complained about may be represented by counsel in the 

exercise of any of the rights enumerated in this Rule. The costs of such representation may be 

borne by the United States to the extent provided in Rule 14(h).

(c) Right to hearing; presentationof evidence. The Judge complained aboutis entitled to a hearing 

and hasthe right to present evidence and to compelthe attendance of witnesses and the production 

of documents atthe hearing. The Judge complained aboutwillbe affordedthe opportunity to crossexamine committee witnesses, personally orthrough counsel. Uponrequestof the Judge, theChief 

Judge or his or her designee will directthe Clerk to issue a subpoena in accordance with 28 U.S.C.

§ 332(d)(1) (as made applicable through 28 U.S.C. § 356) and 38 U.S.C. § 7253(g)(1).

(d) Presentationof argument. TheJudge complainedaboutmay submitwrittenargument to the special 

committee at any time and will be given a reasonable opportunity to present oral argument at an 

appropriate stage of the investigation, personally or through counsel.

(e) Attendance at hearings. The Judge complained about will have the right to attend any hearing 

held by the special committee and to receive copies of the transcript and any documentintroduced

at the hearing, as well as the right to receive a copy of any written argument submitted by the 

complainant to the committee.

(f) Receipt of committee's report. The Judge complained about will have the right to receive the 

report of the special committee at the time it is filed with the judicial council.

RULE 13. RIGHTSOF COMPLAINANT DURING INVESTIGATION

(a) Notice. The complainant is entitled to written notice, by personal delivery, certified or registered 

mail with return receipt, or electronic delivery, of the investigation as provided inRule 4(c). Upon 

the filing of a special committee's report to the judicial council, the complainant will be notified, 

by personal delivery, certified or registered mail with return receipt, or electronic delivery, that a 

reporthas been filed and is before the judicial councilfor decision. Although the complainantis not 

entitled to a copy of a report of a special committee, the judicial council may, in its discretion, 

provide a copy of such report to the complainant.

(b) Opportunity to provide evidence and attend hearing. The complainant is entitled to be 

interviewed by a representative of any special committee appointed. If it is believed that the 

complainant has substantial information to offer, the complainant will be called as a witness at a 

hearing before a special committee.
15

(c) Presentation of argument. The complainant may submit written argument at any time to any 

special committee appointed or to the judicial council. In the discretion of the special committee, 

the complainant may be permitted to offer oral argument.

(d) Representationby counsel. Acomplainantmay submitto any special committee appointed written 

argument through counsel and, if permitted to offer oral argument, may do so through counsel.

Chapter V: Judicial Council ConsiderationofRecommendations of Special Committee 

RULE 14. ACTION BY JUDICIAL COUNCIL

(a) Judicial council consideration. After receipt of a report of a special committee, the judicial 

council will determine whether to dismiss the complaint, conclude the proceeding on the ground 

that corrective action has been taken or that intervening events make action unnecessary, refer the

complaint to the Judicial Conference of the United States, or order corrective action under the 

circumstances prescribed in subsection (f). Judicial council action will be taken, subject to Rule 

8(g), by a majority of those members of the judicial council who are not disqualified.

(b) Basis of judicial council action. Subject to the rights of the Judge complained about to submit 

argumentto the judicial council as provided in Rule 15(a), the judicial council may take action on 

the basis of the report of the special committee and the record of any hearings held. If the judicial 

council finds that the report and record provide an inadequate basis for decision, it may (1) order 

further investigation and a further report by the special committee or (2) conductsuch additional 

investigation as it deems appropriate, as provided in Rule 15(b).

(c) Dismissal. The judicial councilwill dismiss a complaint if it concludes that

(1) the claimed conduct, even if the claim is true, is not "conduct prejudicial to the effective and 

expeditious administration of the business of the courts" and does not indicate a mental or 

physical disability resulting in inability to discharge the duties of office, or

(2) the complaint is directly related to the merits of a decision or procedural ruling, or

(3) the facts on which the complaint is based have not been demonstrated, or

(4) under chapter 16, the complaint is otherwise not appropriate for consideration.

(d) Conclusion of proceeding on basis of corrective action taken. The judicial council will 

conclude the complaint proceeding if it determines that appropriate action has already been taken 

to remedy the problem identified in the complaint or that intervening events make such action 

unnecessary.
16

(e) Referralto or review by Judicial Conference of the United States.

(1) The judicial council may, in its discretion, refer a complaint to the Judicial Conference of the 

United States with the judicial council's recommendations for action. The judicial council 

must refer such a complaint to the Judicial Conference of the United States if the judicial 

council determines that a Judge may have engaged in conduct that might constitute grounds

for removal from office by the President of the United States under 38 U.S.C. § 7253(f)(1), or 

if the judicial council cannot agree on a disposition, or if a quorum of the judicial council has 

not participated in the vote as provided for in Rule 8(g).

(2) The Judge complained about or the complainant may seek review of the judicial council's 

action by the Judicial Conference of the United States.

(f) Order of corrective action. If the complaint is not disposed of under subsections (c) through (e) 

of this Rule, the judicial council will take other action to ensure the effective and expeditious 

administration of the business ofthe Court. Such action may include, among other measures,

(1) censuring or reprimanding the Judge complained about, either by private communication or

by public announcement;

(2) ordering that, for a fixed temporary period, with respect to the Judge complained about, no 

newcases be assigned orthatno newcases be assigned and that existingcaseload be adjusted;

(3) [Reserved]

(4) [Reserved]

(5) requestingthe Judge to retire voluntarily with the provision (if necessary and permissible (see 

38 U.S.C. § 7287)) that ordinary length-of-service requirements will be waived, which request 

may or may not include a provision to forgo recall eligibility;

(6) notifying about the complaint the bar(s) by which the Judge complained about is licensed and

any other appropriate governmental entity; and

(7) requesting, in cases involving disability, the Judge to retire voluntarily under 38 U.S.C. 

§ 7296(b)(3).

(g) Combination of actions. Referral of a complaint to the Judicial Conference of the United States 

undersubsection (e) of thisRule will notpreclude the judicial councilfrom simultaneously taking 

action under subsection (f), except that when the Judge complained about seeks review of the 

judicial council's action undersubsection(e)(2), the judicial councilmay only simultaneously take 

action under subsection (f)(2)-(5).

(h) Recommendation aboutfees. Upon the requestof a Judge complained about, the judicial council 

may, as provided for in 28 U.S.C. § 361 (as made applicable through 38 U.S.C. § 7253(g)(3)(B)), 

if the complaint has been finally dismissed, directthatreimbursement,from funds appropriatedto 
17

the Court, be made for those reasonable expenses, including attorney fees, incurred by thatJudge

during the investigation, that would not have been incurred but for the requirements of 38 U.S.C.

§ 7253(g), 28 U.S.C. §§ 351-364, and these Rules.

(i) Notice of action of judicial council. Judicial council action will be by written order. Unless the 

judicial councilfindsthat,for extraordinary reasons,itwould be contrary to the interests of justice, 

the orderwill be accompanied by a memorandumsettingforth the factualdeterminations on which 

it is based andthe reasonsforthejudicial council action. Thememorandumwill not include the name 

of the complainant or of the Judge complained about. The order and the supporting memorandum 

will be provided to the complainant, the Judge complained about, and all members of the judicial 

council. However, if the complainthas been referredto the JudicialConference of the United States 

pursuantto subsection (e) of thisRule and the judicial councildeterminesthatdisclosurewould be 

contrary to the interests ofjustice,suchdisclosure need notbemade. The complainant and the Judge

complained aboutwillbe notified ofthe right to seek reviewofthe judicial council's decision before 

the JudicialConference ofthe United States and of the procedure for filing a petition for review.

(j) Public availability of councilaction. Materialsrelated to the judicial council's actionwillbe made 

public at the time and in the manner set forth in Rule 17.

(k) Allegations of criminal conduct. If the judicial council dismisses for lack of jurisdiction 

nonfrivolous allegations of criminal conductby a Judge because those allegations do notfallunder 

the scope of 28 U.S.C. § 351(a), the judicial council's order of dismissal will inform the 

complainant that the dismissal does not prevent the complainant from bringing any allegation of 

criminal conduct to the attention of appropriate Federal or state criminal authorities. If, in this 

situation, the allegations of criminal conduct were originally referred to the Court by a 

congressional committee ormember ofCongress, the judicial council—if no petition forreview of 

the dismissal by the judicial council lies under 28 U.S.C. § 357(a) or if no petition for review is 

filed—will notify the congressional committee or member that the Court has concluded that it 

lacks jurisdiction under section 351(a).

RULE 15. PROCEDURES FOR JUDICIAL COUNCIL; AMICUS CURIAE

(a) Rights of Judge complained about. Not laterthan 10 days afterthe filingof the reportof a special 

committee, the Judge complained about may address a written response to all members of the 

judicial council. The Judge complained about will also be given an opportunity to present oral 

argument to the judicial council, personally or through counsel, and may move for the judicial 

council to conduct an investigation under subsection (b), including receiving evidence submitted 

by the Judge. The Judge complained about may not otherwise communicate with judicial council 

members about the matter, either orally or in writing.

(b) Conduct of additional investigation by judicial council. If the judicial council decides to 

conduct additional investigation, the complainant and Judge complained about will be given 

adequate prior notice in writing, by personal delivery, certified or registered mail with return 

receipt, or electronicdelivery, ofthatdecisionand ofthe generalscope and purposeof the additional 

investigation. The conductof the investigation willbe generally in accordancewith the procedures 

set forth in Rules 10 through 13 for the conduct of an investigation by a special committee. 
18

However, if hearings are held, the judicial council may limit testimony to avoid unnecessary 

repetition of testimony presented before the special committee.

(c) Amicus curiae. No person maybe grantedthe rightto interveneorto appear as amicus curiae in any 

proceeding before the judicial council.

Chapter VI: Miscellaneous Rules

RULE 16. CONFIDENTIALITY

(a) General rule. Consideration of a complaint by the Chief Judge, a special committee, or the 

judicial councilwill be treated as confidential business, and information aboutsuch consideration 

will not be disclosed by any Judge or employee of the Court or any person who records or 

transcribes testimony, except in accordance with these Rules.

(b) Files. All filesrelated to complaints of misconductor disability, whethermaintained by theClerk, 

the Chief Judge, members of a special committee, members of the judicial council, or staff, and

whether or not the complaint was accepted for filing, will be maintained separate and apart from 

all other files and records, with appropriate security precautions to ensure confidentiality.

(c) Disclosure in memoranda of reasons. Memoranda supporting orders of the Chief Judge or the 

judicial council, and dissentingopinions orseparate statements of members of the judicial council, 

may contain such information and exhibits asthe authors deemappropriate, and suchinformation 

and exhibits may be made public pursuant to Rule 17.

(d) Availability to Judicial Conference ofthe United States.In the eventthat a complaintisreferred 

underRule 14(e)to the JudicialConferenceof the United States, theClerk willprovide the Judicial 

Conference of the United States with copies of the report of the special committee and any other 

documents and recordsthatwere before the judicial council at the time of its determination. Upon 

request of the Judicial Conference of the United States or its Committee on Judicial Conduct and 

Disability, in connection with their consideration of a referred complaint described in 28 U.S.C.

§ 354(b) or a petition under 28 U.S.C. § 357(a) for review of a judicial council order, theClerk will 

furnish any other records related to the investigation.

(e) [Reserved]

(f) Removal proceedings. The judicial councilmay release to the President of the United States any 

materials that are believed necessary to a removal proceeding conducted by the President under 

38 U.S.C. § 7253(f).

(g) Consent of Judge complained about. Any materialsfrom the filesmay be disclosed to any person 

upon the written consentof boththe Judge complainedabout and theChiefJudge. TheChiefJudge 

may require that the identity of the complainant be shielded in any materials disclosed.
19

(h) Disclosure by judicial council in special circumstances. The judicial council may authorize 

disclosure of informationaboutthe considerationof a complaint, includingthe papers, documents, 

and transcripts relating to the investigation, to the extent that the judicial council concludes that 

such disclosure is justified by special circumstances and is not prohibited by the provisions of

28 U.S.C. § 360.

(i) Disclosure ofidentity by Judge complained about. Nothingin this Rule will preclude the Judge

complained about from acknowledging that he or she is the Judge referred to in documents made 

public pursuant to Rule 17.

(j) Assistance andconsultation. Nothingin thisRule precludestheChiefJudge orjudicial council,for 

purposes of acting on a complaint filed under 28 U.S.C. § 351(a) or identified by the Chief Judge 

under 28 U.S.C. § 351(b) (see Rule 2(j)), from seeking the assistance of qualified staff or from 

consulting other Judges who may be helpful in the process of complaint disposition.

RULE 17. PUBLIC AVAILABILITY OF DECISIONS

(a) General rule. A docket-sheet record of orders of the judicial council and the texts of any 

memoranda supportingsuch orders and any dissenting opinions or separate statements by members

of the judicial councilwillbe made public when final action on the complainthas beentaken andis 

no longer subject to review.

(1) If the complaint is finally disposed of without appointment of a special committee, or if it is 

disposed of by judicial councilorder dismissingthe complaintforreasonsotherthan mootness 

or because interveningevents have made action on the complaintunnecessary (asto which,see 

paragraph (4), below), the publicly availablematerialswillnotdisclose the name of the Judge

complained about without his or her consent.

(2) If the complaint is finally disposed of, pursuant to Rule 14(f), by censure or reprimand by 

means of private communication, the publicly available materials will not disclose either the 

name of the Judge complained about or the text of the reprimand.

(3) If the complaintisfinally disposed of by anyother action taken pursuanttoRule 14(f), the text 

of the dispositive order will be included in the materials made public, and the name of the 

Judge complained about will be disclosed.

(4) If, pursuant to Rule 14(d), the complaint is dismissed as moot, or because intervening events 

have made action on the complaintunnecessary, at any time afterthe appointmentof a special 

committee, the judicial councilwilldetermine whetherthe name of the Judge complained about 

is to be disclosed.

The name of the complainant will not be disclosed in materials made public under this Rule 

unless the Chief Judge orders such disclosure.
20

(b) Manner of making public. The recordsreferredto in subsection (a)willbe made public by placing 

themin a publicly accessible file in the office of theClerk at 625 Indiana Avenue, NW, Suite 900, 

Washington, DC 20004-2950. In cases in which memoranda appear to have precedential value, 

the Chief Judge may cause themto be published in a manner consistent with subsection (a) of this 

Rule.

(c) Decisions of Judicial Conference of the United States standing committee. To the extent 

consistent with the policy of the Judicial Conference of the United States Committee on Judicial 

Conduct and Disability, opinions of that Committee about complaints arising from thisCourtwill 

also be made available to the public in the office of the Clerk.

(d) Special rule for decisions ofjudicial council. When the judicial councilhastaken final action on 

the basis of a report of a special committee, and no petition for review has been filed with the 

Judicial Conference of the United States within 30 days after the judicial council's action, the 

materialsreferred to in subsection (a) of thisRule will be made public in accordancewith thisRule 

as if there were no further right of review.

(e) Complaints referred to Judicial Conference of the United States. If a complaint is referred to 

the Judicial Conference ofthe United States pursuanttoRule 14(e) and the judicial councildoes not 

take further action underRule 14(f) and(g),materialsrelatingto the complaintwillbe made public 

only as may be ordered by the Judicial Conference of the United States.

RULE 18. DISQUALIFICATION

(a) Complainant. If the complaint is filed by a Judge, that Judge will be disqualified from 

participation in any consideration ofthe complaint exceptto the extentthattheseRules provide for 

participation by a complainant. If the Chief Judge has identified a complaint under Rule 2(j), he 

or she will not be automatically disqualified from participating in the consideration of the 

complaint but may consider in his or her discretion whether the circumstances warrant 

disqualification.

(b) Judge complained about. A Judge complained aboutwhose conductisthe subjectof a complaint 

will be disqualified from participating in any consideration of the complaint except to the extent 

that these Rules provide for participation by a Judge who is complained about.

(c) Disqualification of Chief Judge on consideration of petition for review of Chief Judge's 

order. If a petition for review of a Chief Judge's order dismissing a complaint or concluding a 

proceedingisfiled with the judicial councilpursuanttoRule 5, theChief Judge will notparticipate 

in the judicial council's consideration of the petition. In such a case, the Chief Judge may address 

a written communication to the members of the judicial council, with copies provided,by personal 

delivery, certified orregisteredmailwith return receipt, or electronic delivery,to the complainant and 

to the Judge complained about. TheChief Judge may otherwise not communicate with individual 

judicial council members about the matter, either orally or in writing.
21

(d) Member of special committee not disqualified. A member of the judicial council who is 

appointed to a special committee will not be disqualified from participating in judicial council 

consideration of the committee's report.

(e) Judge under investigation. Upon appointmentof a special committee, the Judge complained about 

will automatically be disqualifiedfromservingon (1) any special committee appointed underRule 

4(b)(3), or(2)the judicial council.The disqualificationwill continue until allproceedingsregarding 

the complaint are finally terminated, with no further right of review. The proceedings will be 

deemed terminated 30 days after the final action of the judicial council.

(f) Substitute for disqualified Chief Judge. If the Chief Judge is disqualified from participating in 

consideration of any matter under these Rules, the duties and responsibilities of the Chief Judge 

under these Rules will be assigned to the Judge in regular active service who is the most senior, 

pursuant to 38 U.S.C. § 7254(d), of those who are not disqualified.

RULE 19. WITHDRAWALOF COMPLAINTS AND PETITIONS FOR REVIEW

(a) Complaint pending before Chief Judge. A complaint thatis before theChiefJudge for a decision 

under Rule 4 may be withdrawn by the complainant with the consent of the Chief Judge.

(b) Complaint pending before special committee or judicial council. After a complaint has been 

referred to a special committee for investigation, the complaint may be withdrawn by the 

complainant only with the consent of both (1) the Judge complained about and (2) the special 

committee (before its report has been filed) or the judicial council.

(c) Petition for review of Chief Judge's disposition. A petition to the judicial council for review of 

the Chief Judge's disposition of a complaintmay be withdrawn by the petitioner at any time before 

the judicial council acts on the petition.

RULE 20. NONEXCLUSIVITY;APPLICABILITY

(a) Considering information. The availability of the complaint procedure under these Rules and 

chapter 16 of title 28 will not preclude the Chief Judge or the judicial council from considering 

any information that may come to their attention suggesting that a Judge has engaged in conduct 

prejudicialto the effectiveandexpeditious administrationofthe business oftheCourtorsuggesting 

that a Judge is unable to discharge all the duties of office by reason of disability.

(b) Additional applicability. The procedures provided by all provisions of these Rules also govern 

the consideration of action under 38 U.S.C. § 7299(a).
22

RULE 21. AVAILABILITYOF RULES AND FORMS

These Rules and copies of the complaint form prescribed by Rule 2 are available without charge on 

the Court's website, by writing, emailing, or telephoning the Clerk (see Rule 1(c) for address, email, 

and telephone number), or may be picked up in person at the office of the Clerk. 

RULE 22. EFFECTIVE DATE

These Rules apply to complaints filed on or after January 10, 2024 and to all complaints pending as 

of that date.

RULE 23. ADVISORY COMMITTEE

The advisory committee appointed by the Court, consistent with 28 U.S.C. § 2077(b) and pursuant to 

Rule 40 of the Court's Rules of Practice and Procedure, for the study of rules of practice and internal 

operating procedures will also constitute the advisory committee for the study of these Rules and will 

make any appropriate recommendations to the judicial council of the Court concerning these Rules.
COMPLAINT FORM 

JUDICIAL COUNCIL OF THE 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 

COMPLAINT OF JUDICIAL MISCONDUCT OR DISABILITY

This Complaint Form may be filed by mail or email. It should be typewritten, if possible, or 

written legibly; if this form is not completed properly, the Clerk will not accept it.

If mailing, send this Form to: Clerk, United States Court of Appeals for Veterans Claims

625 Indiana Avenue, NW, Suite 900

Washington, DC 20004-2950

Mark the Envelope "CONFIDENTIAL: Complaint of Misconduct" or "CONFIDENTIAL: 

Complaint of Disability." Do not put the name of the Judge on the envelope.

If emailing, send this Form to: efiling@uscourts.cavc.gov. The subject line of the email should 

be "CONFIDENTIAL: Complaint of Misconduct" or "CONFIDENTIAL: Complaint of 

Disability." Do not put the name of the Judge in the subject line.

1. Complainant's name:

Address:

Telephone: Email address: 

2. Name of Judge complained about:

3. Does this complaint concern the conduct of the Judge in a particular case(s)? [ ] Yes [ ] No

If "yes," complete the following about each case (use reverse side if more than one):

Docket number:

Are (were) you a party or lawyer in the case? [ ] Party [ ] Lawyer [ ] Neither

If you are (were) a party in the case, give the name, address, telephone number, and email 

address of your representative, if any:

Representative's name:

Address:

Telephone: Email address: 

Docket numbers of any appeals to the U.S. Court of Appeals for the Federal Circuit:

(see next page) 
2 

4. Have you filed any lawsuits against the Judge? [ ] Yes [ ] No

If "yes," give the following information about each case (use the reverse side if there is more 

than one):

Court: 

Docket number: 

Present status of suit: 

Name, address, telephone number, and email address of your representative, if any: 

Representative's name: 

Address: 

Telephone: Email address: 

Court to which any appeal has been taken: 

Docket number of the appeal: 

Present status of the appeal: 

5. On separate sheets of paper, not larger than 81⁄2" by 11", describe the conduct or the evidence of 

disability that is the subjectof this complaint and explain why you believe this conductis prejudicial 

to the effective and expeditious administration of the business of the Court. See U.S. VET. APP. R. 

GOVERNING COMPLS. JUD. MISCONDUCT & DISABILITY R. 2(b), 2(d). Do not use more than 5 pages 

(5 sides).

I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that 

(1) I have read Rules 1 and 2 of the Court's Rules Governing Complaints of Judicial Misconduct 

or Disability, and

(2) the statements made in this complaint are true and correct to the best of my knowledge.

(Signature)

Executed on 

(Date)