UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 09 -23

IN RE: RULES GOVERNING COMPLAINTS OF JUDICIAL MISCONDUCT AND DISABILITY

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 proposed Rules and Complaint Form are hereby published 

for public comment for a period of 30 days. Comments must be submitted to the Clerk of the 

Court by November 15, 2023, at comments@uscourts.cavc.gov or to 625 Indiana Avenue, NW, 

Suite 900, Washington, DC 20004.

DATED: October 16, 2023 FOR THE COURT:

/s/ Tiffany M. Wagner

TIFFANY M. WAGNER

Clerk of the Court

Attachments:

Proposed revised rules and complaint form

Proposed revised rules and complaint form with changes shown
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Rules of the Judicial Council of the United States Court of Appeals for Veterans Claims Governing 

Complaints of Judicial Misconduct and Disability

(Adopted ______DATE___________)

TABLE OF CONTENTS

PREFACE TO THE RULES 1

CHAPTER I: FILING A COMPLAINT

Rule 1. When to Use the Complaint Procedure 1

(a) Purpose of the procedure.

(b) What may be complained about.

(c) Complaints about others.

(d) Time for filing complaints.

(e) Limitations on use of the procedure.

(c) Notice of Chief Judge's action.

(d) Public availability of Chief Judge's decision.

(e) Report to judicial council.

(f) Allegations of criminal conduct.

CHAPTER III: REVIEW OF CHIEF JUDGE'S 

DISPOSITION OF COMPLAINT

Rule 5. Petition for Review by Judicial Council of

Chief Judge's Disposition 7

Rule 3. Action by Clerk of Court

Upon Receipt of Complaint 4

(a) Receipt of complaint in proper form.

(b) Receipt of complaint about official

other than judge of the Court.

(c) Receipt of complaint about judge of the Court

and another official.

(d) Receipt of complaint not in proper form.

(e) Referral of pertinent information to Chief Judge.

CHAPTER II: REVIEW BY CHIEF JUDGE 

OF A COMPLAINT

Rule 4. Review by the Chief Judge 5

(a) Procedure for review by Chief Judge.

(b) Actions available to Chief Judge.

(h) No fee required.

Rule 7. Action by Clerk of Court Upon Receipt

of Petition for Judicial Council Review 8

(a) Receipt of timely petition in proper form.

(b) Receipt of untimely petition.

(c) Receipt of timely petition not in proper form.

Rule 8. Action by Judicial Council on Petition for 

Review 9

(a) Written ballot.

(b) Availability of documents.

(c) Vote at meeting of judicial council.

(d) Rights of judge complained about.

(e) Notice of judicial council decision.

(f) Public availability of judicial council decision.

(g) Quorum for dispositive voting.

Rule 2. How to File a Complaint 2 (a) Membership of judicial council.

(b) When petition may be filed.

(a) Form.

(b) Statement of facts. Rule 6. How to Petition for Judicial Council

(c) Legibility. Review of a Disposition by Chief Judge 7

(d) Submission of documents.

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

(f) Signature, contact information, and oath. (b) Form.

(g) Anonymous complaints. (c) Legibility.

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

(i) No fee required. (e) Statement of grounds for petition.

(j) Chief Judge's authority to initiate complaint. (f) Signature.

(g) Where to file.
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CHAPTER IV: INVESTIGATION AND 

RECOMMENDATION BY SPECIAL COMMITTEE

CHAPTER V: JUDICIAL COUNCIL 

CONSIDERATION OF RECOMMENDATIONS OF

SPECIAL COMMITTEE

Rule 9. Appointment of Special Committee 11

Rule 14. Action by Judicial Council 14

(a) Membership.

(b) Presiding officer. (a) Judicial council consideration.

(c) Notice of appointment of special (b) Basis of judicial council action.

committee. (c) Dismissal.

(d) Provision of documents. (d) Conclusion of proceeding on basis of

(e) Continuing qualification of committee members. corrective action taken.

(f) Quorum and voting requirements. (e) Referral to or review by Judicial Conference

(g) Inability of committee member to complete of the United States.

service. (f) Order of corrective action.

(g) Combination of actions.

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

(i) Notice of action of judicial council.

(a) Extent and methods to be determined by (j) Public availability of judicial council action.

committee. (k) Allegations of criminal conduct .

(b) Criminal matters.

(c) Staff. Rule 15. Procedures for Judicial Council; Amicus

(d) Delegation. Curiae 17

(e) Report.

(f) Voting. (a) Rights of judge complained about.

(b) Conduct of additional investigation by judicial

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

(c) Amicus curiae.

(a) Purpose of hearings.

(b) Notice to judge complained about.

(c) Committee witnesses. CHAPTER VI: MISCELLANEOUS RULES

(d) Witnesses called by the judge.

(e) Witness fees. Rule 16. Confidentiality 17

(f) Rules of evidence; oath.

(g) Record and transcript. (a) General Rule.

(b) Files.

Rule 12. Rights of Judge Under Investigation 13 (c) Disclosure in memoranda of reasons.

(a) Notice. (d) Availability to Judicial Conference

(b) Representation by counsel. of the United States.

(c) Right to hearing; presentation of evidence. (e) [Reserved]

(d) Presentation of argument. (f) Removal proceedings.

(e) Attendance at hearings. (g) Consent of judge complained about.

(f) Receipt of committee's report. (h) Disclosure by judicial council in special

circumstances.

Rule 13. Rights of Complainant during (i) Disclosure of identity by judge complained

Investigation 14 about.

(j) Assistance and consultation.

(a) Notice.

(b) Opportunity to provide evidence and attend Rule 17. Public Availability of Decisions 18

hearing.

(c) Presentation of argument. (a) General Rule.

(d) Representation by counsel. (b) Manner of making public.

(c) Decisions of Judicial Conference of the

United States standing committee.
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(d) Special rule for decision of judicial council.

(e) Complaints referred to Judicial Conference

of the United States.

Rule 18. Disqualification 20

(a) Complainant.

(b) Judge complained about.

(c) Disqualification of Chief Judge on consideration

of petition for review of Chief Judge's order.

(d) Member of special committee not disqualified.

(e) Judge under investigation.

(f) Substitute for disqualified Chief Judge.

Rule 19. Withdrawal of Complaints

and Petitions for Review 20

(a) Complaint pending before Chief Judge.

(b) Complaint pending before special committee

or judicial council.

(c) Petition for review of Chief Judge's disposition.

Rule 20. Nonexclusivity; Applicability 21

(a) Considering information.

(b) Additional applicability.

Rule 21. Availability of Rules and Forms 21

Rule 22. Effective Date 21

Rule 23. Advisory Committee 21

Complaint Form
Preface to the Rules

On November 2, 2002, section 372(c) of title 28, United States 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. §§ 351-64), Public Law No. 107-273,

§ 11042(a). The Act wasreorganized as a separate chapter in order to "publicize its existence and . . . facilitate

its use." H.R. REP. NO. 107-459, 107th Cong., 2d Sess., at 8 (May 14, 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 and not serving in recall status. Amendments to these Rules made them 

consistent with those statutory changes.

Chapter 16,made applicable to the Court by virtue ofsection 7253(g)(1), provides a way for any person

to complain about a federal judge who the person believes "has engaged in conduct prejudicial 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 ________(DATE)____ and adopted as final 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 are physically or mentally

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

The emphasis is on 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 conduct prejudicial to the effective and expeditious administration of the business of the

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); see Rule 20. A judge who is the subject of a complaint under these 

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

"Conduct prejudicial to the effective and expeditious administration of the business of the courts" is

not a precise term. It applies only to the conduct of a judge during active status, or of a retired recalleligible judge during a period when that judge is serving in recall status (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

judicial office. It does not include making wrong decisions – even very wrong decisions – in cases.

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

accordance with advice, relied upon by the judge, from the Judicial Conference of the United States'

Committee on the Codes of Judicial Conduct. The law provides that a complaint may 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 Court should be made to their

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

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

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

5980, 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 will be 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, by writing or

telephoning the Clerk (see Rule 1(c) for address and telephone number), 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 misconduct or disability is based. The statement shall

not be longer than five pages (five 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 five 

pages. If a complaint longer than five 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 is not granted, and the complaint may be re-submitted to conform 
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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 other information that would assist an investigator in checking the facts,such asthe 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, they 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's signature, and the complainant's verification in writing, under penalty of 

perjury, of the truth of the statements made in the complaint. 

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

anonymous complaints received by the Clerk will be forwarded to the Chief Judge for such action

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

(h) Where to file. Complaints may be filed by mail or email. Complaints filed by mail should be sent

to:

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: Complaint of Misconduct" or 

"CONFIDENTIAL: Complaint of Disability." The name of the judge complained about should 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 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.
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(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,subject to the second sentence of Rule 18(a), will perform all functions assigned

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. Upon receipt of a complaint that isfiled in compliance with

the requirements of Rule 2, the Clerk will open a file, assign a 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 ChiefJudge under Rule 18(f)) and will provide a copy (and obtain

a receipt therefor) to each judge complained about. The original of the complaint will be retained 

by the Clerk.

Upon the issuance of an order by the Chief Judge identifying a complaint under Rule 2(j), the 

Clerk will thereafter expeditiously process such 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 for filing and

will advise the complainant in writing of the procedure for processing 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 complaint form but does not comply with the requirements of Rule 2, the Clerk will

not accept the complaint for filing and will advise the complainant of the appropriate procedures. If

a complaint against a judge isreceived in letter form or otherwise not on the official form for filing

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) Referral of pertinent information to Chief Judge. Notwithstanding the preceding subsections 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).

Chapter II: Review by Chief Judge of a Complaint

RULE 4. REVIEW BY THE CHIEF JUDGE

(a) Procedure for review by Chief Judge. When a complaint in proper form is sent to the Chief
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Judge by the Clerk or identified undersection 351(b) (see Rule 2(j)), the ChiefJudge will review the

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 may review any transcripts or other relevant

documents. The ChiefJudge will not undertake to make findings of fact about any matter that, 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) dismiss the complaint if the Chief Judge finds that –

(A) the claimed conduct, even if the claim istrue, 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

(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

complaint lack any factual foundation or are conclusively refuted by objective evidence; 

or

(E) the Court does not have jurisdiction; or

(F) the complaint is abusive or orchestrated, if reviewed by the Chief Judge following procedures 

outlined in Rule 4(b)(4) or 4(b)(5); or

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

(2) conclude the proceeding if the Chief Judge determines that appropriate action has been taken to

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 allowed a reasonable time to do so. In the discretion of the ChiefJudge,
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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 complainant to show cause in writing why the right to file further complaints should 

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

complainant(s) has filed repetitive, harassing, or frivolous complaints or has otherwise abused 

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

the complainant's use of the complaint procedure. Upon written request of 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 paragraph (1)(E), the Chief Judge, based on

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

recommend to the Board of Judges of the Court systemic 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 ChiefJudge issues an order dismissing the complaint or concluding the proceeding on the

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

complaint unnecessary, the Chief Judge will prepare a supporting memorandum that sets forth

the allegations of the complaint and the reasons for the 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.

(2) If a special committee is appointed, the Chief Judge 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, and will inform them of the membership 

of the committee.

(d) Public availability of Chief Judge's decision. Materials related to the Chief Judge's decision will

be made public at the time and in the manner set forth in Rule 17.
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(e) Report to judicial council. The Chief Judge will from time to time report to the judicial council on

actions taken under this Rule.

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

nonfrivolous allegations of criminal conduct by a judge because those allegations do not fall under 

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

that the dismissal does not prevent the complainant from bringing any allegations 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 

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 of Chief Judge's Disposition of Complaint

RULE 5. PETITION FOR REVIEW BY JUDICIAL COUNCIL OF CHIEF 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 pending investigation or

subsequent proceeding pursuant to a complaint under these Rules may serve on the judicial council 

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

have a minimum of five members to review a decision pursuant to Rule 8 or a recommendation of 

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

on the judicial council, the Chief Judge will direct the Clerk 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 ChiefJudge dismisses a complaint or 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.

RULE 6. HOW TO PETITION FOR JUDICIAL COUNCIL REVIEW OF A 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 to the

complainant transmitting the Chief Judge's order.
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(2) When the complainant is located outside the United States, Puerto Rico, or the 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, they must be legible.

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

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

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

concluded the proceeding. Itshould 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 five 

pages (five 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. Petitions may be filed by mail or email. Petitions filed by mail should be sent to:

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.

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

COUNCIL REVIEW

(a) Receipt of timely petition in proper form. Upon receipt of 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 form and statement of facts,

(2) any response filed by the judge complained about,
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(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 memorandum in support of the Chief Judge's order,

(6) the petition for review,

(7) any other documents in the complaint file that appear to be relevant and material to the petition,

(8) a list of any documents in the complaint file that are not being sent 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 for review is 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, whichever is later. 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.

RULE 8. ACTION BY JUDICIAL COUNCIL ON PETITION FOR REVIEW

(a) Written ballot. Each member of the judicial council to whom a ballot was provided (except for the

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.
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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 denial of the petition, the Chief Judge's order will be 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 council or to the judge complained about any document from the files that was not sent 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 (except that the Chief

Judge will not vote 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 complained about.

(1) At any time after the filing of a petition for review by a complainant, 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 or in 

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 by the complainant.

(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 for in Rule 14(e)(2) in the discretion of the Judicial Conference of the United States.
11

(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 concludes that there is a need to supplement the Chief Judge's explanation.

(f) Public availability of judicial council decision. Materials related 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 matter will be referred to the Judicial Conference of the

United States under Rule 14(e) unless the Chief Judge and all of the participating judges are in 

agreement on the disposition of the complaint.

Chapter IV: Investigation and Recommendation by 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. At the time of appointing the committee, 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, and will inform them of the membership of the committee.

(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 

present to transact business, and at least two members must vote in support of any proposed action 

of the committee.
12

(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 personal delivery, certified or registered mail

with return receipt, or electronic delivery, to the judge complained about, expand the scope of the

investigation to encompass such misconduct.

(b) Criminal matters. In the event that the complaint alleges criminal conduct on the part of a judge,

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

consult with the appropriate prosecuting authorities, to the extent permitted by 28 U.S.C. § 360, in

an effort to avoid compromising any criminal investigation. However, the committee will make 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 committee may delegate duties under this Rule 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).

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

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

action. Any finding adverse to the judge complained about will be 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 will be by vote of a majority of all members of the committee.
13

RULE 11. CONDUCT OF HEARINGS BY 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 isinvestigating allegations against more than

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

(b) Notice to judge complained about. The judge complained about will be given adequate advance

notice in writing, by personal delivery, certified or registered mail with 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 them personally or through counsel. Such witnesses may also be examined by committee 

members, staff, or both.

(e) Witness fees. Witnessfees 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 Federal Rules of Evidence will apply to any evidentiary hearing except

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) Record and transcript. A record and transcript will be made of any hearing held.

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

any hearing (Rule 11(b)). All notices will 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; presentation of evidence. The judge complained about is entitled to a hearing,

and has the right to present evidence and to compel the attendance of witnesses and the production

of documents at the hearing. The judge complained about will be afforded the opportunity to cross-
14

examine committee witnesses, personally or through counsel. Upon request of the judge, the Chief 

Judge or his or her designee will direct the 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) Presentation of argument. The judge complained about may submit written argument 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.

(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 document introduced, 

as well as 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. RIGHTS OF 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 in Rule 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

report has been filed and is before the judicial council for decision. Although the complainant is 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.

(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) Representation by counsel. A complainant may submit to any special committee appointed written

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

Chapter V: Judicial Council Consideration of Recommendations 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 
15

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

argument to 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) conduct such additional

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

(c) Dismissal. The judicial council will 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;

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

(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.

(e) Referral to 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 ground 

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 of the Court. Such action may include, among other measures –

(1) censuring or reprimanding the judge complained about, either by private communication or 
16

by public announcement;

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

new cases be assigned or that no new cases be assigned and that existing caseload be adjusted;

(3) [Reserved]

(4) [Reserved]

(5) requesting the 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 forego recall eligibility;

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

and/or 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

under subsection (e) of this Rule will not preclude the judicial council from simultaneously taking

action under subsection (f), except that where the judge complained about seeks review of the 

judicial council's action under subsection (e)(2), the judicial council may only simultaneously take 

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

(h) Recommendation about fees. Upon the request of 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, direct that reimbursement, from funds appropriated to

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

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

§ 7253(g), 28 U.S.C. § 351 et seq., and these Rules.

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

judicial councilfinds that, for extraordinary reasons, it would be contrary to the interests of justice, 

the order will be accompanied by a memorandum setting forth the factual determinations on which

it is based and the reasonsforthe judicial council action. 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 to the complainant, the judge complained about, and all members of the judicial

council. However, if the complaint has been referred to the Judicial Conference of the United States

pursuant to subsection (e) of this Rule and the judicial council determines that disclosure would be

contrary to the interests of justice,such disclosure need not be made. The complainant and the judge

complained about will be notified of the right to seek review of the judicial council's decision before

the Judicial Conference of the United States and of the procedure for filing a petition for review.

(j) Public availability of council action. Materialsrelated to the judicial council's action will be made

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

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

nonfrivolous allegations of criminal conduct by a judge because those allegations do not fall under

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 or member of Congress, the judicial council – if no petition for review 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 later than 10 days after the filing of the report of 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, by personal delivery, certified or registered mail with return receipt, or 

electronic delivery, in writing of that decision and of the generalscope and purpose of the additional

investigation. The conduct of the investigation will be generally in accordance with the procedures

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

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 may be granted the right to intervene or to 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 council will be treated as confidential business, and information about such 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 files related to complaints of misconduct or disability, whether maintained by the Clerk, 

the Chief Judge, members of a special committee, members of the judicial council, or staff, and 
18

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 dissenting opinions or separate statements of members of the judicial council, 

may contain such information and exhibits as the authors deem appropriate, and such information

and exhibits may be made public pursuant to Rule 17.

(d) Availability to Judicial Conference of the United States. In the event that a complaint isreferred

under Rule 14(e) to the Judicial Conference of the United States, the Clerk will provide the Judicial

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

documents and records that were 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, the Clerk will 

furnish any other records related to the investigation.

(e) [Reserved]

(f) Removal proceedings. The judicial council may 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 files may be disclosed to any person

upon the written consent of both the judge complained about and the ChiefJudge. The ChiefJudge

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

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

disclosure of information about the consideration of a complaint, including the 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 of identity by judge complained about. Nothing in 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 and consultation. Nothing in this Rule precludesthe ChiefJudge or judicial 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 supporting such orders and any dissenting opinions or separate statements by members
19

of the judicial council will be made public when final action on the complaint has been taken and is

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 council order dismissing the complaint for reasons other than mootness

or because intervening events have made action on the complaint unnecessary (as to which, see

paragraph (4), below), the publicly available materials will not disclose 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 complaint is finally disposed of by any other action taken pursuant to Rule 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 complaint unnecessary, at any time after the appointment of a special

committee, the judicial council will determine whether the 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.

(b) Manner of making public. The recordsreferred to in subsection (a) will be made public by placing

them in a publicly accessible file in the office of the Clerk 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 them to 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 this Court will

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

(d) Special rule for decisions of judicial council. When the judicial council has taken 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

materials referred to in subsection (a) of this Rule will be made public in accordance with this Rule 

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 of the United States pursuant toRule 14(e) and the judicial council does not

take further action under Rule 14(f) and (g), materials relating to the complaint will be made public

only as may be ordered by the Judicial Conference of the United States.
20

RULE 18. DISQUALIFICATION

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

participation in any consideration of the complaint except to the extent that these Rules 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 about whose conduct is the subject of 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 

proceeding is filed with the judicial council pursuant to Rule 5, the Chief Judge will not participate

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

to the judge complained about. The Chief Judge may otherwise not communicate with individual

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

(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 appointment of a special committee, the judge complained about

will automatically be disqualified from serving on (1) any special committee appointed under Rule

4(b)(3), or (2)the judicial council. The disqualification will continue until all proceedingsregarding

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. WITHDRAWAL OF COMPLAINTS AND PETITIONS FOR REVIEW

(a) Complaint pending before Chief Judge. A complaint that is before the ChiefJudge 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.
21

(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 complaint may 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 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 

prejudicial to the effective and expeditious administration of the business of the Court or 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).

RULE 21. AVAILABILITY OF 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 or telephoning the Clerk (see Rule 1(c) for address 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 ___________ 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.
(see next page)

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 behavior 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:

____________________________________________________________________________
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 subject of this complaint and explain why you believe this conduct is 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)
i

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

Governing Complaints of Judicial Misconduct and Disability

(Adopted August 27, 2004 _____DATE______)

TABLE OF CONTENTS

PREFACE TO THE RULES 1

CHAPTER I: FILING A COMPLAINT

Rule 1. When to Use the Complaint Procedure 1

(a) Purpose of the procedure. 1

(b) What may be complained about. 1

(c) Complaints about others. 2

(d) Time for filing complaints. 2

(e) Limitations on use of the procedure. 2

(c) Notice of Chief Judge's action. 4

(d) Public availability of Chief Judge's decision. 5

(e) Report to judicial council. 5

(f) Allegations of criminal conduct. 5

CHAPTER III: REVIEW OF CHIEF JUDGE'S 

DISPOSITION OF COMPLAINT

Rule 5. Petition for Review by Judicial Council of

Chief Judge's Disposition 75

Rule 3. Action by Clerk of Court

Upon Receipt of Complaint 43

(a) Receipt of complaint in proper form. 3

(b) Receipt of complaint about official

other than judge of the Court. 3

(c) Receipt of complaint about judge of the Court

and another official. 3

(d) Receipt of complaint not in proper form. 3

(e) Referral of pertinent information to Chief Judge. 3

CHAPTER II: REVIEW BY CHIEF JUDGE 

OF A COMPLAINT

Rule 4. Review by the Chief Judge 54

(a) Procedure for review by Chief Judge. 4

(b) Actions available to Chief Judge. 4

(h) No fee required. 6

Rule 7. Action by Clerk of Court Upon Receipt

of Petition for Judicial Council Review 86

(a) Receipt of timely petition in proper form. 6

(b) Receipt of untimely petition. 6

(c) Receipt of timely petition not in proper form. 7

Rule 8. Action by Judicial Council on Petition for 

Review 97

(a) Written ballot. 7

(b) Availability of documents. 7

(c) Vote at meeting of judicial council. 7

(d) Rights of judge complained about. 7

(e) Notice of judicial council decision. 7

(f) Public availability of judicial council decision. 8

(g) Quorum for dispositive voting. 8

Rule 2. How to File a Complaint 2 (a) Membership of judicial council. 5

(b) When petition may be filed. 5

(a) Form. 2

(b) Statement of facts. 2 Rule 6. How to Petition for Judicial Council

(c) Legibility. 2 Review of a Disposition by Chief Judge 75

(d) Submission of documents. 2

(e) Number of copies. 2 (a) Time. 5

(f) Signature, contact information, and oath. 2 (b) Form. 5

(g) Anonymous complaints. 3 (c) Legibility. 5

(h) Where to file. 3 (d) Number of copies. 6

(i) No fee required. 3 (e) Statement of grounds for petition. 6

(j) Chief Judge's authority to initiate complaint. 3 (f) Signature. 6

(g) Where to file. 6
ii

CHAPTER IV: INVESTIGATION AND 

RECOMMENDATION BY SPECIAL COMMITTEE

CHAPTER V: JUDICIAL COUNCIL 

CONSIDERATION OF RECOMMENDATIONS OF

SPECIAL COMMITTEE

Rule 9. Appointment of Special Committee 11 8

Rule 14. Action by Judicial Council 14 10

(a) Membership. 8

(b) Presiding officer. 8 (a) Judicial council consideration. 10

(c) Notice of appointment of special (b) Basis of judicial council action. 11

committee. 8 (c) Dismissal. 11

(d) Provision of documents. 8 (d) Conclusion of proceeding on basis of

(e) Continuing qualification of committee members. 8 corrective action taken. 11

(f) Quorum and voting requirements. 8 (e) Referral to or review by Judicial Conference

(g) Inability of committee member to complete of the United States. 11

service. 8 (f) Order of corrective action. 11

(g) Combination of actions. 12

Rule 10. Conduct of Investigation 12 8 (h) Recommendation about fees.

(i) Notice of action of judicial council.

12

12

(a) Extent and methods to be determined by (j) Public availability of judicial council action. 12

committee. 8 (k) Allegations of criminal conduct . 12

(b) Criminal matters. 9

(c) Staff. 9 Rule 15. Procedures for Judicial Council; Amicus

(d) Delegation. 9 Curiae 17 12

(e) Report. 9

(f) Voting. 9 (a) Rights of judge complained about. 12

(b) Conduct of additional investigation by judicial

Rule 11. Conduct of Hearings by Special Committee 13 council. 12

(c) Amicus curiae. 12

(a) Purpose of hearings. 9

(b) Notice to judge complained about. 9

(c) Committee witnesses. 9 CHAPTER VI: MISCELLANEOUS RULES

(d) Witnesses called by the judge. 9

(e) Witness fees. 9 Rule 16. Confidentiality 17 13

(f) Rules of evidence; oath. 9

(g) Record and transcript. 9 (a) General Rule. 13

(b) Files. 13

Rule 12. Rights of Judge Under Investigation 13 10 (c) Disclosure in memoranda of reasons. 13

(a) Notice. 10 (d) Availability to Judicial Conference

(b) Representation by counsel. 10 of the United States. 13

(c) Right to hearing; presentation of evidence. 10 (e) [Reserved] 13

(d) Presentation of argument. 10 (f) Removal proceedings. 13

(e) Attendance at hearings. 10 (g) Consent of judge complained about. 13

(f) Receipt of committee's report. 10 (h) Disclosure by judicial council in special

circumstances. 13

Rule 13. Rights of Complainant during (i) Disclosure of identity by judge complained

Investigation 14 10 about. 13

(j) Assistance and consultation. 13

(a) Notice. 10

(b) Opportunity to provide evidence and attend Rule 17. Public Availability of Decisions 18 13

hearing. 10

(c) Presentation of argument. 10 (a) General Rule. 13

(d) Representation by counsel. 10 (b) Manner of making public. 14

(c) Decisions of Judicial Conference of the

United States standing committee. 14
iii

(d) Special rule for decision of judicial council. 14

(e) Complaints referred to Judicial Conference

of the United States. 14

Rule 18. Disqualification 20 14

(a) Complainant. 14

(b) Judge complained about. 14

(c) Disqualification of Chief Judge on consideration

of petition for review of Chief Judge's order. 14

(d) Member of special committee not disqualified. 15

(e) Judge under investigation. 15

(f) Substitute for disqualified Chief Judge. 15

Rule 19. Withdrawal of Complaints

and Petitions for Review 20 15

(a) Complaint pending before Chief Judge. 15

(b) Complaint pending before special committee

or judicial council. 15

(c) Petition for review of Chief Judge's disposition. 15

Rule 20. Nonexclusivity; Applicability 21 15

(a) Considering information. 15

(b) Additional applicability. 15

Rule 21. Availability of Rules and Forms 21 15

Rule 22. Effective Date 21 15

Rule 23. Advisory Committee 21 15

APPENDIX A: Complaint Form
6

Preface to the Rules 

On November 2, 2002, section 372(c) of title 28, United States 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. §§ 351-64), Public Law No. 107-273, 

§ 11042(a). The Act was reorganized as a separate chapter in order to "publicize its existence and . . . facilitate

its use." H.R. REP. NO. 107-459, 107th Cong., 2d Sess., at 8 (May 14, 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 and not serving in recall status. Amendments to these Rules makemade them

consistent with those statutory changes.

Chapter 16, made applicable to the Court by virtue of section 7253(g)(1), provides a way for any 

person to complain about a federal judge who the person believes "has engaged in conduct prejudicial 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. 

Complaints are filed with the Clerk of the Court on a form that has been developed for that purpose. 

Each complaint is referred first to the Chief Judge of the Court, who decides whether the complaint 

raises an issue that should be investigated. (If the complaint is about the Chief Judge, another judge 

will make this decision; see Rule 18(f).) 

The Chief Judge will dismiss a complaint if it does not properly raise a problem that is appropriate 

for consideration under chapter 16. The Chief Judge will also dismiss a complaint if, after a limited 

inquiry, the Chief Judge concludes that the allegations in the complaint lack any factual foundation or 

are conclusively refuted. The Chief Judge may also conclude the complaint proceeding if the problem 

has been corrected or if intervening events have made action on the complaint unnecessary. If the 

complaint is not disposed of in either of these two ways, the Chief Judge will appoint a special 

committee to investigate the complaint. The special committee makes its report to the judicial council 

of the Court, which decides what action, if any, should be taken. The judicial council is a body that 

consists of all judges of the Court except for any judge whose actions are the subject of a pending 

investigation or subsequent proceeding pursuant to a complaint under these Rules. Finally, recourse 

may be had to the Judicial Conference of the United States. 

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 have beenwere amended to comply with the changes made by Public Law No. 

107-273. The ensuing Rules replace the Rules Further modernizing amendments were made on

________(DATE)____ and adopted on January 27, 1993, and promulgated on February 3, 1993as final that

date. 
7

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 are physically or mentally 

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

The emphasis is on 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 conduct prejudicial to the effective and expeditious administration of the business of 

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

disability". See also." 28 U.S.C. § 351(a); see Rule 20. A judge who is the subject of a complaint 

under these Rules is referred to herein as the "judge complained about".."

"Conduct prejudicial to the effective and expeditious administration of the business of the courts" is 

not a precise term. It applies only to the conduct of a judge during active status, or of a retired 

recall-eligible judge during a period when that judge is serving in recall status (see 38 U.S.C. § 

7299), 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 

judicial office. It does not include making wrong decisions – even very wrong decisions – in cases. 

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

accordance with advice, relied upon by the judge, from the Judicial Conference of the United States' 

Committee on the Codes of Judicial Conduct. The law provides that a complaint may 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 Court should be made to their 

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

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

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

501-5980, 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 will be 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 
8

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. A petition for a writ of mandamus, under Rule 21 of the 

Court's Rules of Practice and Procedure, may be used for that purpose in appropriate 

circumstances.

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, by writing or 

telephoning the Clerk of the Court (see Rule 1(c) for address and telephone number). Forms may 

be picked up), 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 misconduct or disability is based. The statement 

shouldshall not be longer than five pages (five sides), and the paper size should notshall be no 

larger than 8 1⁄2" by 11". Normally,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 five pages. If a complaint longer than five 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 is not granted, and 

the complaint may be re-submitted to conform with page and length requirements. The statement 

of facts willshall include – 

(1) a statement of what occurred; 

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

(3) any other information that would assist an investigator in checking the facts, such as the presence 

of a court reporter or other witnesswitnesses and their names and addresses. 

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

typewritten, they 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. If the complaint is about only one judge of the Court, three copiesOne 

complete copy of the complaint form, of the statement of facts, and of any supporting documents 

submitted must should be filed. If the complaint is about more than one judge, in addition to the 

three copies, enough copies must be filed to provide one for each judge complained about in excess 

of one.

(f) Signature, contact information, and oath. The form must be signed, and the truth of the 
9

statements verified in writing under oath. As analternative to taking an oath,complaint form filed 

by the complainant may declaremust include the complainant's contact information (including 

telephone number, street address, and email address), the complainant's signature, and the 

complainant's verification in writing, under penalty of perjury, pursuant to 28 U.S.C. § 1746, thatof 

the truth of the statements are true. The complainant's address must also be provided.made in the 

complaint. 

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

anonymous complaints received by the Clerk will be forwarded to the Chief Judge for such action 

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

(h) Where to file. Complaints may be filed by mail or email. Complaints filed by mail should be sent 

to:

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: Complaint of Misconduct" or 

"CONFIDENTIAL: Complaint of Disability." The name of the judge complained about should 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 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, subject to the second sentence of Rule 18(a), will perform all functions assigned 

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. Upon receipt of a complaint that is filed in compliance 

with the requirements of Rule 2, the Clerk of the Court will open a file, assign a 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 of the 

complaint will be retained by the Clerk. 

Upon the issuance of an order by the Chief Judge identifying a complaint under Rule 2(j), the 
10

Clerk will thereafter expeditiously process such 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 for filing 

and will advise the complainant in writing of the procedure for processing 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 complaint form but does not comply with the requirements of Rule 2, the Clerk will 

not accept the complaint for filing and will advise the complainant of the appropriate procedures. 

If a complaint against a judge is received in letter form or otherwise not on the official form for 

filing 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) Referral of pertinent information to Chief Judge. Notwithstanding the preceding subsections 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 also 

Rule 20(a). 

Chapter II: Review by Chief Judge of a Complaint 

RULE 4. REVIEW BY THE CHIEF JUDGE

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

Judge by the Clerk of the Court or identified under section 351(b),) (see Rule 2(j)), the Chief Judge 

will review the 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 may review any 

transcripts or other relevant documents. The Chief Judge will not undertake to make findings of 

fact about any matter that, 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) dismiss the complaint if the Chief Judge finds that – 

(A) that the claimed conduct, even if the claim is true, is not "conduct prejudicial to the effective 
11

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

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

unsupported; or 

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

the complaint lack any factual foundation or are conclusively refuted by objective 

evidence; or 

(E) that the Court does not have jurisdiction; or 

(F) that, the complaint is abusive or orchestrated, if reviewed by the Chief Judge following 

procedures outlined in Rule 4(b)(4) or 4(b)(5); or 

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

or 

(2) conclude the proceeding if the Chief Judge determines that appropriate action has been taken to 

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 allowed a reasonable time to do so. In the discretion of the Chief Judge, 

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 complainant to show cause in writing why the right to file further complaints should 

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

complainant(s) has filed repetitive, harassing, or frivolous complaints or has otherwise abused 

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

the complainant's use of the complaint procedure. Upon written request of 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. 
12

If the Chief Judge dismisses the complaint under paragraph (1)(E), the Chief Judge, based on 

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

recommend to the Board of Judges of the Court systemic 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 also Rule 20(a). 

(c) Notice of Chief Judge's action. 

(1) If the Chief Judge issues an order dismissing the complaint or concluding the proceeding on 

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

complaint unnecessary, the Chief Judge will prepare a supporting memorandum that sets forth 

the allegations of the complaint and the reasons for the 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, or 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. 

(2) If a special committee is appointed, the Chief Judge will notify, by personal delivery, or certified 

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

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

of the committee. 

(d) Public availability of Chief Judge's decision. Materials related to the Chief Judge's decision will 

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

(e) Report to judicial council. The Chief Judge will from time to time report to the judicial council on 

actions taken under this Rule. 

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

nonfrivolous allegations of criminal conduct by a judge because those allegations do not fall under 

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

that the dismissal does not prevent the complainant from bringing any allegations 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 or member of Congress, the Chief Judge – if no petition for review of the dismissal is 

filed within the thirty30-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 of Chief Judge's Disposition of Complaint 

RULE 5. PETITION FOR REVIEW BY JUDICIAL COUNCIL OF CHIEF JUDGE'S 

DISPOSITION 

(a) Membership of judicial council. Except as provided in the next sentence, the judicial council 
13

consists of (1) all judges who are in regular active service at the time that a complaint is referred 

to the judicial council as a result of (A1) a petition for review under Rule 8 or (B2) a report of a 

special committee under Rule 10(e), and (2) any recall-eligible retired judge who was serving in 

recall status when the conduct complained about occurred and is so serving at the time that a 

complaint is referred to the judicial council as described in clause (1). No judge whose actions are 

the subject of a pending investigation or subsequent proceeding pursuant to a complaint under these 

Rules may serve on the judicial council during that investigation or any subsequent proceeding 

relating to it. The judicial council must have a minimum of five members to review a decision 

pursuant to Rule 8 or a recommendation of the special committee pursuant to Rule 10(e). If at 

least five active judges are not eligible to serve on the judicial council, the Chief Judge will direct 

the Clerk 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 complaint or concludes the 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. 

RULE 6. HOW TO PETITION FOR JUDICIAL COUNCIL REVIEW OF A DISPOSITION BY 

CHIEF JUDGE 

(a) Time. (1) 

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

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

to the complainant transmitting the Chief Judge's order. 

(2) (2) When the complainant is located outside the United States, Puerto Rico, or the 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 of the Court, 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, they must be legible. 

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

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

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

concluded the proceeding. It should 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 five 

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

(f) Signature. The petition must be signed. 
14

(g) Where to file. Petitions may be filed by mail or email. Petitions filed by mail should be sent to:

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. 

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

COUNCIL REVIEW 

(a) Receipt of timely petition in proper form. Upon receipt of a petition for review filed within the 

time allowed and in proper form under these Rules, the Clerk of the Court 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 form and 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 memorandum in support of the Chief Judge's order, 

(6) the petition for review, 

(7) any other documents in the complaint file that appear to be relevant and material to the petition, 

(8) a list of any documents in the complaint file that are not being sent 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, or 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. 
15

(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 for review is 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 fifteen15 days after the date of the Clerk's letter or the original deadline 

for filing the petition, whichever is later. 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. 

RULE 8. ACTION BY JUDICIAL COUNCIL ON PETITION FOR REVIEW 

(a) Written ballot. Each member of the judicial council to whom a ballot was provided (except for 

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

Clerk of the Court.. 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 denial of the petition, the Chief Judge's order will be affirmed, 

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

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

members (but less than a majority) votesvote 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 council or to the judge complained about any document from the files that was not sent 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 (except that the Chief 

Judge will not vote on the petition). Unless a majority votes to grant the petition, it will be denied, 

except as provided in subsection (g). 
16

(d) Rights of judge complained about. (1) 

(1) At any time after the filing of a petition for review by a complainant, 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 or in 

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 by the complainant. 

(e) Notice of judicial council decision. (1) 

(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, or 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 for in Rule 14(e)(2) in the discretion of the Judicial Conference of 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 concludes that there is a need to supplement the Chief Judge's explanation. 

(d)(f) Public availability of judicial council decision. Materials related to the judicial council's 

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

(e)(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 matter will be referred to the Judicial Conference of 

the United States under Rule 14(e) unless the Chief Judge and all of the participating judges are in 

agreement on the disposition of the complaint. 

Chapter IV: Investigation and Recommendation by 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. At the time of appointing the committee, the Chief Judge will designate one of 
17

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 of the Court 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, or certified or registered mail,

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

the matter has been referred, and will inform them of the membership of the committee. 

(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 

present to transact business, and at least two members must vote in support of any proposed action 

of the committee. 

g) 

(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 committee may, with written notice, by personal delivery, certified or registered 

mail, with return receipt, or electronic delivery, to the judge complained about, expand the scope 

of the investigation to encompass such misconduct. 

(b) Criminal matters. In the event that the complaint alleges criminal conduct on the part of a judge, 

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

consult with the appropriate prosecuting authorities, to the extent permitted by 28 U.S.C. § 360, in 

an effort to avoid compromising any criminal investigation. However, the committee will make 

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 
18

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

special staff to assist in the investigation. 

(d) Delegation. The committee may delegate duties under this Rule 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). 

(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 finding adverse to the judge complained about will be 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 will be by vote of a majority of all members of the committee. 

RULE 11. CONDUCT OF HEARINGS BY 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 is investigating allegations against more 

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

(b) Notice to judge complained about. The judge complained about will be given adequate advance 

notice in writing, by personal delivery, or certified or registered mail, with 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 them personally or through counsel. Such witnesses may 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 Federal Rules of Evidence will apply to any evidentiary hearing 
19

except 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) Record and transcript. A record and transcript will be made of any hearing held. 

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

of any hearing (Rule 11(b)). All notices will be provided by personal delivery, or 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; presentation of evidence. The judge complained about is entitled to a hearing, 

and has the right to present evidence and to compel the attendance of witnesses and the production 

of documents at the hearing. The judge complained about will be afforded the opportunity to crossexamine committee witnesses, personally or through counsel. Upon request of the judge, the Chief 

Judge or his or her designee will direct the Clerk of the Court 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) Presentation of argument. The judge complained about may submit written argument 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. 

(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 document introduced, 

as well as 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. RIGHTS OF COMPLAINANT DURING INVESTIGATION 

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

registered mail, with return receipt, or electronic delivery, of the investigation as provided in Rule 

4(c). Upon the filing of a special committee's report to the judicial council, the complainant will 

be notified, by personal delivery, or certified or registered mail, with return receipt, or electronic 

delivery, that a report has been filed and is before the judicial council for decision. Although the 

complainant is 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 
20

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. 

(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) Representation by counsel. A complainant may submit to any special committee appointed written 

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

Chapter V: Judicial Council Consideration of Recommendations 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 (ef). 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 

argument to 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) conduct such additional 

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

(c) Dismissal. The judicial council will dismiss a complaint if it concludes that – 

(1) that 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; 

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

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

(4) that, 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. 
21

(e) Referral to 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 ground 

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 of the 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 

new cases be assigned or that no new cases be assigned and that existing caseload be adjusted; 

(3) [Reserved] 

(4) [Reserved] 

(5) requesting the 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 forego recall eligibility; 

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

and/or 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 

under subsection (e) of this Rule will not preclude the judicial council from simultaneously taking 

action under subsection (f) ,), except that where the judge complained about seeks review of the 

judicial council's action under subsection (e)(2), the judicial council may only simultaneously 

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

(h) Recommendation about fees. Upon the request of 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, direct that reimbursement, from funds appropriated 

to the Court, be made for those reasonable expenses, including attorney fees, incurred by that 
22

judge during the investigation, which would not have been incurred but for the requirements of 

38 U.S.C. § 7253(g), 28 U.S.C. § 351 et seq., and these Rules. 

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

judicial council finds that, for extraordinary reasons, it would be contrary to the interests of justice, 

the order will be accompanied by a memorandum setting forth the factual determinations on which 

it is based and the reasons for the judicial council action. 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 to the complainant, the judge complained about, and all members 

of the judicial council. However, if the complaint has been referred to the Judicial Conference of 

the United States pursuant to subsection (e) of this Rule and the judicial council determines that 

disclosure would be contrary to the interests of justice, such disclosure need not be made. The 

complainant and the judge complained about will be notified of the right to seek review of the judicial 

council's decision before the Judicial Conference of the United States and of the procedure for filing 

a petition for review. 

(j) Public availability of council action. Materials related to the judicial council's action will be 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 conduct by a judge because those allegations do not fall under 

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 or member of Congress, the judicial council – if no petition for review 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 later than ten10 days after the filing of the report of 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, by personal delivery, or certified or registered mail, with return receipt, or 

electronic delivery, in writing of that decision and of the general scope and purpose of the additional 

investigation. The conduct of the investigation will be generally in accordance with the procedures 

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

However, if hearings are held, the judicial council may limit testimony to avoid unnecessary 
23

repetition of testimony presented before the special committee. 

(c) Amicus curiae. No person may be granted the right to intervene or to 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 council will be treated as confidential business, and information about such 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 files related to complaints of misconduct or disability, whether maintained by the Clerk

of the Court, 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 dissenting opinions or separate statements of members of the judicial council, 

may contain such information and exhibits as the authors deem appropriate, and such information 

and exhibits may be made public pursuant to Rule 17. 

(d) Availability to Judicial Conference of the United States. In the event that a complaint is referred 

under Rule 14(e) to the Judicial Conference of the United States, the Clerk will provide the Judicial 

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

documents and records that were before the judicial council at the time of its determination. Upon 

request of the Judicial Conference of the United States or its Committee to Review Circuit 

Councilon Judicial Conduct and Disability Orders, 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, the Clerk will furnish any other records related to the investigation. 

(e) [Reserved] 

(f) Removal proceedings. The judicial council may 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 materials from the files may be disclosed to any person 

upon the written consent of both the judge complained about and the Chief Judge. The Chief Judge 

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

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

disclosure of information about the consideration of a complaint, including the papers, documents, 
24

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 of identity by judge complained about. Nothing in 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 and consultation. Nothing in this Rule precludes the Chief Judge or judicial 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 supporting such orders and any dissenting opinions or separate statements by members 

of the judicial council will be made public when final action on the complaint has been taken and 

is 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 council order dismissing the complaint for reasons other than mootness 

or because intervening events have made action on the complaint unnecessary (as to which, see 

paragraph (4), below), the publicly available materials will not disclose 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 complaint is finally disposed of by any other action taken pursuant to Rule 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 complaint unnecessary, at any time after the appointment of a special 

committee, the judicial council will determine whether the 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. 

(b) Manner of making public. The records referred to in subsection (a) will be made public by placing 

them in a publicly accessible file in the office of the Clerk of the Court at 625 Indiana Avenue, NW, 

Suite 900, Washington, DC 20004- 2950. The Clerk will send copies of the publicly available 

materials to the Federal Judicial Center, One Columbus Circle, NE, Washington, DC 20002, 

where such materials will also be available for public inspection. In cases in which memoranda 
25

appear to have precedential value, the Chief Judge may cause them to 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 to Review 

Circuit Councilon Judicial Conduct and Disability Orders, opinions of that Committee about 

complaints arising from this Court will also be made available to the public in the office of the 

Clerk. 

(d) Special rule for decisions of judicial council. When the judicial council has taken 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 

materials referred to in subsection (a) of this Rule will be made public in accordance with this 

Rule 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 of the United States pursuant to Rule 14(e) and the judicial council does 

not take further action under Rule 14(f) and (g), materials relating to the complaint will be 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 of the complaint except to the extent that these Rules 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 about whose conduct is the subject of 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 

proceeding is filed with the judicial council pursuant to Rule 5, the Chief Judge will not participate 

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

and to the judge complained about. The Chief Judge may otherwise not communicate with 

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

(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 appointment of a special committee, the judge complained about 
26

will automatically be disqualified from serving on (1) any special committee appointed under Rule 

4(eb)(3), or (2) the judicial council. The disqualification will continue until all proceedings 

regarding 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. WITHDRAWAL OF COMPLAINTS AND PETITIONS FOR REVIEW 

(a) Complaint pending before Chief Judge. A complaint that is before the Chief Judge 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 complaint may 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 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 

prejudicial to the effective and expeditious administration of the business of the Court or 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). 

RULE 21. AVAILABILITY OF RULES AND FORMS 

These Rules and copies of the complaint form prescribed by Rule 2 will beare available without charge 

on the Court's website, by writing or telephoning the Clerk (see Rule 1(c) for address and telephone number), or 

may be picked up in person at the office of the Clerk of the Court, 625 Indiana Avenue, NW, Suite 900, 

Washington, D.C. 20004-2950.. 

RULE 22. EFFECTIVE DATE 

These Rules apply to complaints filed on or after August 27, 2004,___________ 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. 
(see next page)

COMPLAINT FORM 

JUDICIAL COUNCIL OF THE 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 

COMPLAINT OF JUDICIAL MISCONDUCT OR DISABILITY 

MailThis 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 the : Clerk, United States Court of Appeals for Veterans Claims, 

625 Indiana Avenue, NW, Suite 900, 

Washington, DC 20004-2950. 

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

"CONFIDENTIAL: JudicialComplaint of Disability Complaint." Do Not Putnot put the 

Namename of the Judge on the Envelope. See Rule 2(e) forenvelope. 

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

Copies Required. This complaintemail should be typewritten if possible"CONFIDENTIAL: 

Complaint of Misconduct" or written legibly; if this form is"CONFIDENTIAL: Complaint of 

Disability." Do not completed properly,put the Clerk will not accept itname 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 behavior of the judge in a particular case or cases?(s)? [ ] Yes [ ] 

No

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

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, and 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: 

____________________________________________________________________________ 

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, and 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 the paper this form is printed on,81⁄2" by 11", describe 

the conduct or the evidence of disability that is the subject of this complaint and explain why you 

believe this conduct is prejudicial to the effective and expeditious administration of the business of 

the Court. See RuleU.S. VET. APP. R. GOVERNING COMPLS.JUD. MISCONDUCT & DISABILITY R. 2(b) 

and), 2(d). Do not use more than 5 pages (5 sides). Most complaints do not require that much.

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)