An act to revise the composition of the judicial councils of the Federal judicial circuits, to establish a procedure for the processing of complaints against Federal judges, and for other purposes.
PL 96-458 (S.1873), enacted 10/15/1980

PUBLIC LAW 96-458—OCT. 15, 1980 
94 STAT. 2035 
Public Law 96-458 
96th Congress 
An Act 
Oct. 15, 1980 
[S. 1873] 
Judicial Councils 
Reform and 
Judicial Conduct 
and Disability 
Act of 1980. 
28 u s e 1 note. 
To revise the composition of the judicial councils of the Federal judicial circuits, to 
establish a procedure for the processing of complaints against Federal judges, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Judicial Councils Reform 
and Judicial Conduct and Disability Act of 1980". 
JUDICIAL COUNCILS OF THE CIRCUITS 
SEC. 2. (a) Section 332(a) of title 28, United States Code, is amended Meetings. 
to read as follows: 
"(a)(1) The chief judge of each judicial circuit shall call, at least 
twice in each year and at such places as he may designate, a meeting 
of the judicial council of the circuit, consisting o
f
— 
"(A) the chief 
judge of the circuit, who shall preside; 
"(B) that number of circuit judges fixed by majority vote of all 
such judges in regular active service; and 
"(C) that number of district judges of the circuit fixed by 
majority vote of all circuit judges in regular active service, except 
that— 
"(i) if the number of circuit judges fixed in accordance with 
subparagraph (B) of this paragraph is less than six, the 
number of district judges fixed in accordance with this 
subparagraph shall be no less than two; and 
"(ii) if the number of circuit judges fixed in accordance 
with subparagraph (B) of this parajgraph is six or more, the 
number of district judges fixed in accordance with this 
subparagraph shall be no less than three. 
"(2) Members of the council shall serve for terms established by a 
majority vote of all judges of the circuit in regular active service. 
* (3) The number of circuit and district judges fixed in accordance 
with paragraphs (1)(B) and (IXC) of this subsection shall be set by 
order of the court of appeals for the circuit no less than six month^ 
prior to a scheduled meeting of 
the council so constituted. 
"(4) Only circuit and district judges in regular active service shall 
serve as members of the council. 
"(5) No more than one district judge from any one district shall 
serve simultaneously on the council, unless at least one district judge 
from each district within the circuit is already serving as a member of 
the council. 
"(6) In the event of the death, resignation, retirement, or disability 
of a member of the council, a replacement member shall be 
designated to serve the remainder of the unexpired term by the chief 
judge of 
the circuit. 
Replacement 
members. 
94 STAT. 2036 
PUBLIC LAW 96-458—OCT. 15, 1980 
"(1) Each member of the council shall attend each council meeting 
unless excused by the chief judge of the circuit.". 
(b) Section 332(c) of title 28, United States Code, is amended by 
striking out "quarterly" and inserting in lieu thereof "semi-
annually". 
(c) Section 332(d) of title 28, United States Code, is amended to read 
as follows: 
"(d)(1) Each judicial council shall make all necessary and appropri-
ate orders for the effective and expeditious administration of justice 
within its circuit. Each council is authorized to hold hearings, to take 
sworn testimony, and to issue subpoenas and subpoenas duces tecum. 
Subpoenas and subpoenas duces tecum shall be issued by the clerk of 
the court of appeals, at the direction of the chief 
judge of the circuit or 
his designee and under the seal of the court, and shall be served in the 
28 use app. 
manner provided in rule 45(c) of the Federal Rules of Civil Procedure 
for subpoenas and subpoenas duces tecum issued on behalf of the 
United States or an officer or agency thereof. 
"(2) All judicial officers and employees of the circuit shall promptly 
carry into effect all orders of the judicial council. 
"(3) Unless an impediment to the administration of justice is 
involved, regular business of the courts need not be referred to the 
council.". 
(d)(1) The section heading for section 332 of title 28, United States 
Code, is amended to read as follows: 
"§332. Judicial councils of circuits". 
(2) The item relating to section 332 in the section analysis for 
chapter 15 of title 28, United States Code, is amended to read as 
follows: 
"332. Judicial councils of circuits.". 
PROCEDURES WITHIN JUDICIAL COUNCILS 
Complaints. 
SEC. 3. (a) Section 372 of title 28, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(c)(1) Any person alleging that a circuit, district, or bankruptcy 
judge, or a magistrate, has engaged in conduct prejudicial to the. 
effective and expeditious administration of the business of the courts, 
or alleging that such a judge or magistrate is unable to discharge all 
the duties of office by reason of mental or physical disability, may file 
with the clerk of the court of appeals for the circuit a written 
complaint containing a brief statement of the facts constituting such 
conduct. 
"(2) Upon receipt of a complaint filed under paragraph (1) of this 
subsection, the clerk shall promptly transmit such complaint to the 
chief 
judge of 
the circuit, or, if the conduct complained of 
is that of the 
chief judge, to that circuit judge in regular active service next senior 
in date of commission (hereafter, for purposes of this subsection only, 
included in the term 'chief judge'). The clerk shall simultaneously 
transmit a copy of the complaint to the judge or magistrate whose 
conduct is the subject of 
the complaint. 
"(3) After expeditiously reviewing a complaint, the chief judge, by 
written order stating his reasons, may— 
"(A) dismiss the complaint, if he finds it to be (i) not in 
conformity with paragraph (1) of this subsection, (ii) directly 
related to the merits of a decision or procedural ruling, or (iii) 
frivolous; or 
PUBLIC LAW 96-458—OCT. 15, 1980 
94 STAT. 2037 
Special 
committee. 
"(B) conclude the proceeding if he finds that appropriate 
corrective action has been taken. 
The chief judge shall transmit copies of his written order to the 
complainant and to the judge or magistrate whose conduct is the 
subject of 
the complaint. 
"(4) If the chief 
judge does not enter an order under paragraph (3) of 
this subsection, such judge shall promptly— 
"(A) appoint himself and equal numbers of circuit and district 
judges of the circuit to a special committee to investigate the 
facts and allegations contained in the complaint; 
"(B) certify the complaint and any other documents pertaining 
thereto to each member of such committee; and 
"(C) provide written notice to the complainant and the judge or 
magistrate whose conduct is the subject of the complaint of the 
action taken under this paragraph. 
"(5) Each committee appomted imder paragraph (4) of this subsec- investigation. 
tion shall conduct an investigation as extensive as it considers 
necessary, and shall expeditiously file a comprehensive written 
report thereon with the judicial council of the circuit. Such report 
shall present both the findings of the investigation and the commit-
tee's recommendations for necessary and appropriate action by the 
judicial council of the circuit. 
"(6) Upon receipt of a report filed under paragraph (5) of this 
subsection, the judicial council— 
"(A) may conduct any additional investigation which it consid-
ers to be necessary; 
"(B) shall t ^ e such action as is appropriate to assure the 
effective and expeditious administration of the business of the 
courts within the circuit, including, but not limited to, any of the 
following actions: 
"(i) directing the chief judge of the district of the magis-
trate whose conduct is the subject of the complaint to take 
such action as the judicial council considers appropriate; 
"(ii) certifying disability of a judge appointed to hold office 
during good behavior whose conduct is the subject of the 
complaint, pursuant to the procedures and standards pro-
vided imder subsection (b) of 
this section; 
"(iii) requesting that any such judge appointed to hold 
office during good behavior voluntarily retire, Avith the 
provision that the length of service requirements under 
section 371 of 
this title shall not apply; 
"(iv) ordering that, on a temporary basis for a time certain, 
no further cases be assigned to any judge or magistrate 
whose conduct is the subject of 
a complaint; 
"(v) censuring or reprimanding such judge or magistrate 
by means of private communication; 
"(vi) censuring or reprimanding such judge or magistrate 
by means of public announcement; or 
"(vii) ordering such other action as it considers appropri-
ate under the circumstances, except that (I) in no circum-
stances may the council order removal from office of any 
judge appointed to hold office during good behavior, and (II) 
any removal of a magistrate shall be in accordance with 
section 631 of this title and any removal of a banlcruptcy 
28 use 371. 
judge shall be in accordance with section 153 of this title; and 
"(C) shall immediately provide written notice to the complain-
ant and to such judge or magistrate of the action taken under 
this paragraph. 
28 use 631. 
28 use 153. 
94 STAT. 2038 
PUBLIC LAW 96-458—OCT. 15, 1980 
Complaint 
referral. 
u s e prec. title 1. 
Written notice. 
Impeachment 
determination. 
Transmittal to 
House of 
Representatives. 
Subpoena 
powers. 
Ante, p. 2036. 
28 u s e 331. 
Review petitions. 
"(7)(A) In addition to the authority granted under paragraph (6) of 
this subsection, the judicial council may, in its discretion, refer any 
complaint under this subsection, together with the record of any 
associated proceedings and its recommendations for appropriate 
action, to the Judicial Conference of 
the United States. 
"(B) In any case in which the judicial council determines, on the 
basis of a complaint and an investigation under this subsection, or on 
the basis of information otherwise available to the council, that a 
judge appointed to hold office during good behavior has engaged in 
conduct— 
"(i) which might constitute one or more grounds for impeach-
ment under article I of 
the Constitution; or 
"(ii) which, in the interest of justice, is not amenable to 
resolution by the 
judicial council, 
the judicial council shall promptly certify such determination, 
together with any complaint and a record of any associated proceed-
ings, to the Judicial Conference of 
the United States. 
"(C) A judicial council acting under authority of this paragraph 
shall, unless contrary to the interests of 
justice, immediately submit 
written notice to the complainant and to the judge or magistrate 
whose conduct is the subject of the action t^en under this 
paragraph. 
"(8) Upon referral or certification of any matter under paragraph 
(7) of this subsection, the Judicial Conference, after consideration of 
the prior proceedings and such additional investigation as it consid-
ers appropriate, shall by majority vote take such action, as described 
in paragraph (6XB) of this subsection, as it considers appropriate. If 
the Judicial Conference concurs in the determination of the council, 
or makes its own determination, that consideration of impeachment 
may be warranted, it shall so certify and transmit the determination 
and the record of proceedings to the House of Representatives for 
whatever action the House of Representatives considers to be 
necessary. 
"(9XA) In conducting any investigation under this subsection, the 
judicial council, or a special committee appointed under paragraph 
(4) of this subsection, shall have full subpoena powers as provided in 
section 332(d) of 
this title. 
"(B) In conducting any investigation under this subsection, the 
Judicial Conference, or a standing committee appointed by the Chief 
Justice under section 331 of 
this title, shall have full subpoena powers 
as provided in that section. 
"(10) A complainant, judge, or magistrate aggrieved by a final order 
of the chief 
judge under paragraph (3) of this subsection may petition 
the judicial council for review thereof A complainant, judge, or 
magistrate aggrieved by an action of the judicial council under 
paragraph (6) of this subsection may petition the Judicial Conference 
of the United States for review thereof The Judicial Conference, or 
the standing committee established under section 331 of this title, 
may grant a petition filed by a complainant, judge, or magistrate 
under this paragraph. Excei)t as expressly provided in this para-
graph, all orders and determinations, including denials of petitions 
for review, shall be final and conclusive and shall not be judicially 
reviewable on appeal or otherwise. 
"(11) Each judicial council and the Judicial Conference may pre-
scribe such rules for the conduct of 
proceedings under this subsection, 
including the processing of petitions for review, as each considers to 
be appropriate. Such rules shall contain provisions requiring that— 
PUBLIC LAW 96-458—OCT. 15, 1980 
94 STAT. 2039 
"(A) adequate prior notice of any investigation be given in 
writing to the judge or magistrate whose conduct is the subject of 
the complaint; 
"(B) the judge or magistrate whose conduct is the subject of the 
complaint be afforded an opportunity to appear (in person or by 
counsel) at proceedings conducted by the investigating panel, to 
present oral and documentary evidence, to compel the attend-
ance of witnesses or the production of documents, to cross-
examine witnesses, and to present argument orally or in writing; 
and 
"(C) the complainant be afforded an opportunity to appear at 
proceedings conducted by the investigating panel, if the panel 
concludes that the complainant could offer 
substantial 
information. 
Any rule promulgated under this subsection shall be a matter of 
public record, and any such rule promulgated by a judicial council 
may be mod^ed by the Judicial Conference. 
"(12) No judge or magistrate whose conduct is the subject of an 
investigation under this subsection shall serve upon a special com-
mittee appointed under par^aph (4) of this subsection, upon a 
judicial council, upon the Judicial Conference, or upon the standing 
committee established under section 331 of this title, until all related 
proceedings under this subsection have been finally terminated. 
"(13) No person shall be granted the right to intervene or to appear 
as amicus curiae in any proceeding before a judicial council or the 
Judicial Conference under this subsection. 
"(14) All papers, documents, and records of proceedings related to 
investigations conducted under this subsection shall be confidential 
and shall not be disclosed by any person in any proceeding unless— 
"(A) the judicial council of the circuit, the Judicial Conference 
of the United States, or the Senate or the House of Representa-
tives by resolution, releases any such material which is believed 
necessary to an impeachment investigation or trial of a judge 
under article I of the Constitution; or 
"(B) authorized in writing by the judge or magistrate who is 
the subject to the complaint and by the chief judge of the circuit, 
the Chief Justice, or the chairman of the standing committee 
established under section 331 of this title. 
"(15) Each written order to implement any action under paragraph 
(6XB) of this subsection, which is issued by a judicial council, the 
Judicial Conference, or the standing committee established under 
section 331 of this title, shall be made available to the public through 
the appropriate clerk's office of the court of appeals for the circuit. 
Unless contrary to the interests of justice, each such order issued 
under this paragraph shall be accompanied by written reasons 
therefor. 
"(16) Except as expressly provided in this subsection, nothing in 
this subsection shall be construed to affect any other provision of this 
title, the Federal Rules of Civil Procedure, the Federal Rules of 
Criminal Procedure, the Federal Rules of Appellate Procedure, or the 
Federal Rules of 
Evidence. 
"(17) The Court of Claims, the Court of Customs and Patent 
Appeals, and the Customs Court shall each prescribe rules, consistent 
with the foregoing provisions of this subsection, establishing proce-
dures for the tiling of complaints with respect to the conduct of any 
judge of such court and for the investigation and resolution of such 
complaints. In investigating and taking action with respect to any 
Judge or 
magistrate 
under 
investigation. 
28 u s e 331. 
Confidentiality. 
u s e prec. title 1. 
28 u s e app. 
18 u s e app., 28 
u s e app. 
28 u s e app. 
eomplaint filing, 
rules. 
94 STAT. 2040 
PUBLIC LAW 96-458—OCT. 15, 1980 
such complaint, each such court shall have the powers granted to a 
judicial council under this subsection.". 
(b) The section heading for section 372 of title 28, United States 
Code, is amended to read as follows: 
"§372. Retirement for disability; substitute judge on failure to 
retire; judicial discipline.". 
(c) The item relating to section 372 in the section analysis for 
chapter 17 of title 28, United States Code, is amended to read as 
follows: 
"372. Retirement for disability; substitute judge on failure to retire; judicial 
discipline.". 
AUTHORITY OP THE JUDICIAL CONFERENCE 
SEC. 4. The fourth undesignated paragraph of section 331 of title 28, 
United States Code, is amended to read as follows: 
"The Conference shall make a comprehensive survey of the condi-
tion of business in the courts of the United States and prepare plans 
for assignment of judges to or from circuits or districts where 
necessary. It shall sdso submit suggestions and recommendations to 
the various courts to promote uniformity of management procedures 
and the expeditious conduct of court business. The Conference is 
authorized to exercise the authority provided in section 372(c) of this 
Ante, p. 2036. 
title as the Conference, or through a standing committee. If the 
Conference elects to establish a stemding committee, it shall be 
appointed by the Chief Justice and all petitions for review shall be 
reviewed by that committee. The Conference or the standing commit-
tee may hold hearings, take sworn testimony, issue subpoenas and 
subpoenas duces tecum, and make necessary and appropriate orders 
in the exercise of its authority. Subpoenas and subpoenas duces 
tecum shall be issued by the clerk of the Supreme Court or by the 
clerk of any court of appesds, at the direction of the Chief Justice or 
his designee and under the seal of the court, and shall be served in the 
28 use app. 
manner provided in rule 45(c) of the Federal Rules of Civil Procedure 
for subpoenas and subpoenas duces tecum issued on behalf of the 
United States or an officer or any agency thereof. The Conference 
may also prescribe and modify rules for the exercise of the authority 
provided in section 372(c) of this title. All judicial officers and 
employees of the United States shall promptly carry into effect all 
orders of the Judicial Conference or the standing committee estab-
lished pursuant to this section.". 
ADMINISTRATIVE OFFICE OP UNITED STATES COURTS 
SEC. 5. Section 604 of title 28, United States Code, is amended by 
adding at the end the following new subsection: 
Facilities and 
"(hXD The Director shall, out of funds appropriated for the oper-
expenses. 
ation and maintenance of the courts, provide facilities and pay 
necessary expenses incurred by the judicial councils of the circuits 
28 use 372. 
and the Judicial Conference under section 372 of this title, including 
mileage allowance and witness fees, at the same rate as provided in 
28 use 1821. 
section 1821 of this title. Administrative and professional assistance 
from the Administrative Office of the United States Courts may be 
requested by each judicial council and the Judicial Conference for 
purposes of discharging their duties under section 372 of this title. 
"(2) The Director of the Administrative Office of the United States 
Courts shall include in his annual report filed with the Congress 
PUBLIC LAW 96-458—OCT. 15, 1980 
94 STAT. 2041 
under this section a summary of the number of complaints filed with 
each judicial council under section 372(c) of this title, indicating the ^"^«' P 2036. 
general nature of such complaints and the disposition of those 
complaints in which action has been taken.". 
AUTHORIZATION OP APPROPRIATIONS 
SEC. 6. There are authorized to be appropriated such sums as may 28 use 331 note. 
be necessary to carry out the provisions of this Act. 
EFFECTIVE DATE 
SEC. 7. This Act shall become effective on October 1,1981. 
28 use 331 note. 
Approved October 15, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1313 accompanying H.R. 7974 (eomm. on the Judiciary). 
SENATE REPORT No. 96-362 (Comm. on the Judiciary). 
eONGRESSIONAL REeORD: 
Vol. 125 (1979): Oct. 30, considered and passed Senate. 
Vol. 126 (1980): Sept. 15, H.R. 7974 considered and passed House; passage 
vacated and S. 1873, amended, passed in lieu. 
Sept. 30, Senate concurred in House amendments with 
amendments. 
Oct. 1, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
, 
Vol. 16, No. 42 (1980): Oct. 15, Presidential statement.