1 April 1999 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html ------------------------------------------------------------------------- [Federal Register: April 1, 1999 (Volume 64, Number 62)] [Notices] [Page 15792-15794] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr01ap99-126] ======================================================================= ----------------------------------------------------------------------- JUDICIAL CONFERENCE OF THE UNITED STATES Proposed Amended Rules for the Processing of Petitions for Review of Circuit Council Orders Under the Judicial Conduct and Disability Act AGENCY: Judicial Conference of the United States. [[Page 15793]] ACTION: Request for comments. ----------------------------------------------------------------------- SUMMARY: The Judicial Conference Committee to Review Circuit Council Conduct and Disability Orders proposes an amendment to its Rules for the Processing of Petitions for Review of Circuit Council Orders under the Judicial Conduct and Disability Act, adopted in September 1989. The recommended change would amend Rule 6 to establish a 60-day time limit for filing a petition for review, with an additional 30 days for the filings of cross-petitions for review, by the Judicial Conference of action taken by the judicial council of a circuit in complaint proceedings under the Judicial Conduct and Disability Act, 28 U.S.C. 372(c). The existing rules do not impose any time limit upon the filing of a petition for review with the Judicial Conference. DATES: Written comments on these rules should be received on or before April 30, 1999. ADDRESSES: Comments should be mailed to the Office of the General Counsel, Suite 7-290, Administrative Office of the United States Courts, One Columbus Circle, NE., Washington, DC. 20544. FOR FURTHER INFORMATION CONTACT: Jeffrey N. Barr, Assistant General Counsel, Suite 7-290, Administrative Office of the United States Courts, One Columbus Circle, NE., Washington, DC 20544, telephone: (202) 502-1100. Rules of the Judicial Conference of the United States for the Processing of Petitions for Review of Circuit Council Orders Under the Judicial Conduct and Disability Act The Judicial Conference of the United States prescribes these rules under the authority of section 372(c)(11) of title 28, United States Code, with respect to the processing of petitions for review submitted to the Conference under 28 U.S.C. 372(c)(10), seeking review of circuit council actions taken under 28 U.S.C. 372(c)(6) upon complaints of judicial conduct or disability: 1. Petition for review may be made by the filing of a written submission to the Judicial Conference addressed as follows: Loenidas Ralph Mecham, Secretary, Judicial Conference of the United States Administrative Office of the United States Courts, Washington, DC 20544, Attention: Office of the General Counsel. 2. No form is prescribed for the filing of a petition for review. 3. Such petition shall consist of a written submission in typewriting on plain paper of 8\1/2\ by 11 inch dimensions. 4. No formal limitation is imposed upon the length of the petition, but it is suggested that such petition should not normally exceed 20 pages in addition to the attachments required by Rule 8. 5. The petition shall contain a short and plain statement of the basic facts underlying the complaint, the history of its consideration before the appropriate circuit judicial council, and the premises upon which the petitioner asserts entitlement to relief from the action taken by the council. 6. A petition for review under these rules must be submitted within sixty (60) days following final action by the circuit judicial council under 28 U.S.C. 372(c)(6) and issuance of its implementing order under 28 U.S.C. 372(c)(15). Once a petition for review has been submitted, a cross-petition for review must be submitted with thirty (30) days following submission of the petition for review, or within sixty (60) days following final action by the circuit judicial council under 28 U.S.C. 372(c)(6) and issuance of its implementing order under 28 U.S.C. 372(c)(15), whichever is later. 7. Five copies of the petition for review shall be submitted, at least one of which shall bear the original ink signature of the petitioner or his or her attorney. If the petitioner submits a signed declaration of inability to pay the expense of duplicating the petition, the Administrative Office shall then accept the original petition alone and shall undertake necessary reproduction of copies at its expense. 8. The petition for review shall have attached thereto a copy of each of the following documents: --The order of the circuit judicial council issued under 28 U.S.C. 372(c)(15), of which review is sought; --The original complaint of judicial misconduct or disability that commenced the proceeding; --Any other documents or correspondence arising in the course of the proceeding before the judicial council or its special committee which the petitioner deems essential or useful to the prompt disposition of the review petition. 9. Upon receipt of a petition for review that appears on its face to be coherent, in compliance with these rules, and appropriate for present disposition, the Administrative Office shall promptly acknowledge receipt of the petition and advise the chairman of the Judicial Conference Committee to Review Circuit Council Conduct and Disability Orders, a committee appointed by the Chief Justice of the United States as authorized by 28 U.S.C. 331. 10. Unless otherwise directed by the Executive Committee of the Judicial Conference, the Committee to Review Circuit Council Conduct and Disability Orders shall assume the consideration and disposition of all petitions for review, in conformity with the Judicial Conference statement of the Committee's jurisdiction. 11. The Administrative Office shall then distribute the petition and its attachment to the members of the Committee to Review Circuit Council Conduct and Disability Orders for their deliberation. The petition shall receive an eight-digit identifying number of which the initial two digits shall refer to the year of filing, the next three digits shall be ``372,'' and the final three shall identify each individual petition. Unless otherwise directed by the chairman, the Administrative Office shall contact the circuit executive or clerk of the U.S. court of appeals for the appropriate circuit to obtain the record of circuit council consideration of the complaint for distribution to the Committee. 12. In recognition of the review nature of petition proceedings under 28 U.S.C. 372(c)(10), no additional investigation shall ordinarily be undertaken by the Judicial Conference or the Committee. If such investigation is deemed necessary, the Conference or Committee may remand the matter to the circuit judicial council that considered the complaint, or may undertake any investigation found to be required. If such investigation is undertaken by the Conference or Committee, (a) adequate prior notice shall be given in writing to the judge or magistrate whose conduct is the subject of the complaint, (b) such judge or magistrate shall be afforded an opportunity to appear at any investigative proceedings which might be conducted and to present argument orally or in writing, and (c) the complainant shall be afforded an opportunity to appear at any proceedings conducted if it is considered that the complainant could offer substantial new and relevant information. 13. Except where additional investigation is undertaken as provided in Rule 12, there shall be no arguments or personal appearances before the Committee. Unless the petition for review is amenable to disposition on the face thereof, the Committee may determine to receive written argument from the petitioner and from the other party to the complaint proceeding (the complainant or judge/magistrate complained against). 14. The decision on the petition shall be made by written order as provided by 28 U.S.C. 372(c)(15). Such order shall be [[Page 15794]] forwarded by the committee chairman to the Administrative Office, which shall distribute it as directed by the chairman. In accordance with section 372(c)(15), orders of the Committee shall be maintained as public documents by the Administrative Office and by the clerk of the United States court of appeals for the circuit in which the complaint arose. 15. In conformity with 28 U.S.C. 372(c)(10), all orders and determinations of the Judicial Conference or of the Committee on its behalf, including denials of petitions for review, shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise. Leonidas Ralph Mecham, Secretary. [FR Doc. 99-8025 Filed 3-31-99; 8:45 am] BILLING CODE 2210-55-M