UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Misc. No. 3-04

In Re: RULES GOVERNING COMPLAINTS OF JUDICIAL MISCONDUCT AND DISABILITY

Before KRAMER, Chief Judge, and FARLEY, IVERS, STEINBERG, 

GREENE, KASOLD, and HAGEL, Judges.

O R D E R

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

has determined that, in light of amendments in November 2002 to chapter 16 of title 28, United

States Code, there is an immediate need to amend the Court's Rules Governing Complaints of

Judicial Misconduct and Disability (Rules). Accordingly, it is

ORDERED that the attached amended Rules are hereby adopted, thereby superseding the

Rules adopted in final form on February 3, 1993. The amended Rules are applicable to complaints

made on or after August 27, 2004, and to all complaints pending in the Court as of that date. It is

further

ORDERED that public comment on these Rules is invited. Such comment must be submitted

to the Clerk of the Court, United States Court of Appeals for Veterans Claims, 625 Indiana Avenue,

NW, Suite 900, Washington, DC 20004-2950, not later than November 5, 2004.

DATED: August 31, 2004 BY THE COURT:

KENNETH B. KRAMER

Chief Judge

Attachment
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ATTACHMENT TO MISCELLANEOUS ORDER NO. 3-04

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)

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

Rule 2. How to File a Complaint 2

(a) Form. 2

(b) Statement of facts. 2

(c) Legibility. 2

(d) Submission of documents. 2

(e) Number of copies. 2

(f) Signature and oath. 2

(g) Anonymous complaints. 3

(h) Where to file. 3

(i) No fee required. 3

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

Rule 3. Action by Clerk of Court 

Upon Receipt of Complaint 3

(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 4

(a) Procedure for review by Chief Judge. 4

(b) Actions available to Chief Judge. 4

(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 5

(a) Membership of judicial council. 5

(b) When petition may be filed. 5

Rule 6. How to Petition for Judicial Council 

Review of a Disposition by Chief Judge 5

(a) Time. 5

(b) Form. 5

(c) Legibility. 5

(d) Number of copies. 6

(e) Statement of grounds for petition. 6

(f) Signature. 6

(g) Where to file. 6

(h) No fee required. 6

Rule 7. Action by Clerk of Court Upon Receipt 

of Petition for Judicial Council Review 6

(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 7

(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
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CHAPTER IV: INVESTIGATION AND 

RECOMMENDATION BY SPECIAL COMMITTEE

Rule 9. Appointment of Special Committee 8

(a) Membership. 8

(b) Presiding officer. 8

(c) Notice of appointment of special 

committee. 8

(d) Provision of documents. 8

(e) Continuing qualification of committee members. 8

(f) Quorum and voting requirements. 8

(g) Inability of committee member to complete

service. 8

Rule 10. Conduct of Investigation 8

(a) Extent and methods to be determined by

committee. 8

(b) Criminal matters. 9

(c) Staff. 9

(d) Delegation. 9

(e) Report. 9

(f) Voting. 9

Rule 11. Conduct of Hearings by Special Committee 9

(a) Purpose of hearings. 9

(b) Notice to judge complained about. 9

(c) Committee witnesses. 9

(d) Witnesses called by the judge. 9

(e) Witness fees. 9

(f) Rules of evidence; oath. 9

(g) Record and transcript. 9

Rule 12. Rights of Judge Under Investigation 10

(a) Notice. 10

(b) Representation by counsel. 10

(c) Right to hearing; presentation of evidence. 10

(d) Presentation of argument. 10

(e) Attendance at hearings. 10

(f) Receipt of committee's report. 10

Rule 13. Rights of Complainant during 

Investigation 10

(a) Notice. 10

(b) Opportunity to provide evidence and attend

hearing. 10

(c) Presentation of argument. 10

(d) Representation by counsel. 10

CHAPTER V: JUDICIAL COUNCIL

CONSIDERATION OF RECOMMENDATIONS OF

SPECIAL COMMITTEE

Rule 14. Action by Judicial Council 10

(a) Judicial council consideration. 10

(b) Basis of judicial council action. 11

(c) Dismissal. 11

(d) Conclusion of proceeding on basis of 

corrective action taken. 11

(e) Referral to or review by Judicial Conference 

of the United States. 11

(f) Order of corrective action. 11

(g) Combination of actions. 12

(h) Recommendation about fees. 12

(i) Notice of action of judicial council. 12

(j) Public availability of judicial council action. 12

(k) Allegations of criminal conduct . 12

Rule 15. Procedures for Judicial Council; Amicus

Curiae 12

(a) Rights of judge complained about. 12

(b) Conduct of additional investigation by judicial

council. 12

(c) Amicus curiae. 12

CHAPTER VI: MISCELLANEOUS RULES

Rule 16. Confidentiality 13

(a) General Rule. 13

(b) Files. 13

(c) Disclosure in memoranda of reasons. 13

(d) Availability to Judicial Conference 

of the United States. 13

(e) [Reserved] 13

(f) Removal proceedings. 13

(g) Consent of judge complained about. 13

(h) Disclosure by judicial council in special 

circumstances. 13

(i) Disclosure of identity by judge complained

about. 13

(j) Assistance and consultation. 13

Rule 17. Public Availability of Decisions 13

(a) General Rule. 13

(b) Manner of making public. 14

(c) Decisions of Judicial Conference of the 

United States standing committee. 14
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(d) Special rule for decision of judicial council. 14

(e) Complaints referred to Judicial Conference

of the United States. 14

Rule 18. Disqualification 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 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 15

(a) Considering information. 15

(b) Additional applicability. 15

Rule 21. Availability of Rules and Forms 15

Rule 22. Effective Date 15

Rule 23. Advisory Committee 15

APPENDIX A: 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 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 make 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 been

amended to comply with the changes made by Public Law 107-273. The ensuing Rules replace the Rules adopted on

January 27, 1993, and promulgated on February 3, 1993.

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 forwardlooking 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 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
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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, 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. 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. 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 by writing or telephoning the Clerk of the Court (see Rule 1(c) for address and

telephone number). Forms may be picked up 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 should not be longer than five pages (five sides),

and the paper size should not be larger than 8 1⁄2" by 11". Normally, the statement of facts will 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 witness and their names and addresses.

(c) Legibility. Complaints should be typewritten if possible. 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.

(e) Number of copies. If the complaint is about only one judge of the Court, three copies of the complaint form, of the

statement of facts, and of any documents submitted must 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 and oath. The form must be signed, and the truth of the statements verified in writing under oath. As an
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alternative to taking an oath, the complainant may declare under penalty of perjury, pursuant to 28 U.S.C. § 1746, that

the statements are true. The complainant's address must also be provided.

(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 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.

(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 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). 
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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), 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 –

 (A) 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; 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, 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.

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
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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, 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, 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 thirty-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 (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 (A) a

petition for review under Rule 8 or (B) 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.

(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) 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) 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.
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(c) Legibility. Petitions should be typewritten if possible. 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.

(g) Where to file. Petitions 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.

(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, 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.
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(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 fifteen 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 votes to place the petition on the

agenda of a judicial council meeting or if any of the members (but less than a majority) votes 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, or certified or registered

mail, with return receipt, 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
8

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.

(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 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, 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 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) 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, or
9

certified or registered mail, with return receipt, 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 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, 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 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.
10

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.

(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-examine committee witnesses, personally or through

counsel. Upon request of the judge, the Chief Judge or his 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, 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, 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 complaint to the Judicial Conference of the United States, or
11

order corrective action under the circumstances prescribed in subsection (e). 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 –

(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.

(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
12

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 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 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 ten 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, 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 repetition of testimony presented before the special

committee.
13

(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 Council 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, 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), 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
14

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 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 Council 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
15

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, 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(e), 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 be available without charge in 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.
16

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.
APPENDIX: COMPLAINT FORM

JUDICIAL COUNCIL OF THE 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

COMPLAINT OF JUDICIAL MISCONDUCT OR DISABILITY

Mail 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: Judicial

Misconduct Complaint" or "Confidential: Judicial Disability Complaint." Do Not Put the Name

of the Judge on the Envelope. See Rule 2(e) for the Number of Copies Required. This complaint

should be typewritten if possible or written legibly; if this form is not completed properly, the Clerk

will not accept it.

1. Complainant's name: __________________________________________________________

Address: ________________________________________________________________

________________________________________________________________

Daytime telephone: ( ) _________________________________

2. Name of Judge complained about: ___________________________________________

3. Does this complaint concern the behavior of the judge in a particular case or cases?

[ ] Yes [ ] No

If "yes," give 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 a party, give the name, address, and telephone number of your representative:

 Representative's name: ____________________________________________________

Address: ________________________________________________________________

________________________________________________________________

Daytime telephone: ( ) _________________________________

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

 _________________________________________________________________________

(see next page)
APPENDIX

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 of your representative:

 Representative's name: ____________________________________________________

Address: ________________________________________________________________

________________________________________________________________

Daytime telephone: ( ) _________________________________

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, 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 Rule 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)