Circuit Judicial Councils are panels of the United States federal courts that are charged with making "necessary and appropriate orders for the effective and expeditious administration of justice" within their circuits. [1] Among their responsibilities is judicial discipline, the formulation of circuit policy, the implementation of policy directives received from the Judicial Conference of the United States, and the annual submission of a report to the Administrative Office of the United States Courts on the number and nature of orders entered during the year that relate to judicial misconduct. [2] Each US judicial circuit has a judicial council, which consists of the chief judge of the circuit and an equal number of circuit judges and district judges of the circuit. [3]
The judicial discipline process of US federal judges is initiated by the filing of a complaint by any person alleging that a judge has engaged in conduct "prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of the office by reason of mental or physical disability." [4] The chief judge of the circuit has the power to dismiss or conclude the proceeding, or appoint a special committee to investigate the facts and allegations in the complaint. The committee is composed of the chief judge and an equal number of circuit judges and district judges, whom are appointed by the chief judge. The committee must conduct such investigation as it finds necessary and then expeditiously file a comprehensive written report of its investigation with the judicial council of the circuit involved. Upon receipt of such a report, the judicial council of the circuit involved may conduct any additional investigation it deems necessary, and it may dismiss the complaint. [5]
If a judge who is the subject of a complaint holds his or her office during good behavior, action taken by the judicial council may include certifying disability of the judge. The judicial council may also, in its discretion, refer any complaint under 28 U.S.C. § 351, along with the record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference. The Judicial Conference may exercise its authority under the judicial discipline provisions as a conference, or through a standing committee appointed by the Chief Justice.
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the entire United States in cases involving certain specialized areas of law.
The New Hampshire Supreme Court is the supreme court of the U.S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive Council to serve during "good behavior" until retirement or the age of seventy. The senior member of the Court is able to specially assign lower-court judges, as well as retired justices, to fill vacancies on the Court.
Chapter 9: Judiciary.Chapter 9 of the 1997 Constitution of Fiji is titled Judiciary. It is divided into twenty-two sections, setting out the composition and functions of the Judicial branch of the Fijian government.
In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Such judges include the chief justice and associate justices of the U.S. Supreme Court, circuit judges of the U.S. Courts of Appeals, district judges of the U.S. District Courts, and judges of the U.S. Court of International Trade. These judges are often called "Article Three judges".
The Canadian Judicial Council is the national council of the judiciary of Canada, overseeing the country's federal judges.
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and have served at least 10 years, and the sum of the judge's age and years of service as a federal judge must be at least 80 years. As long as senior judges carry at least a 25 percent caseload or meet other criteria for activity, they remain entitled to maintain a staffed office and chambers, including a secretary and their normal complement of law clerks, and they continue to receive annual cost-of-living increases. The president may appoint new full-time judges to fill the vacancies in full-time judgeships caused by senior status.
The Administrative Office of the United States Courts, or the Administrative Office (AO) for short, is the administrative agency of the United States federal court system, established in 1939. The central support entity for the federal judicial branch, the AO provides a wide range of legislative, administrative, legal, financial, management, program, and information technology support services to the federal courts.
Samuel B. Kent is a former United States district judge of the United States District Court for the Southern District of Texas, whose term ended in resignation in 2009 following charges of sexual abuse.
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court.
David Brookman "Brooks" Smith is a senior judge of the United States Court of Appeals for the Third Circuit. He was previously Chief Judge of both the United States Court of Appeals for the Third Circuit and the United States District Court for the Western District of Pennsylvania, and is the only judge in the history of the Third Circuit to have served as both a chief district judge and chief of the Court of Appeals.
The Judicial Commission of New South Wales is an independent statutory corporation of the New South Wales Government that provides sentencing information and continuing education to and examines complaints made against judicial officers in New South Wales, Australia.
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.
Pauline Newman is an American lawyer and jurist who serves as a U.S. circuit judge of the United States Court of Appeals for the Federal Circuit. She has been called "the heroine of the patent system", "the Federal Circuit's most prolific dissenter", and "the greatest ally to inventors with respect to [calling out] the ignorance of the CAFC, district courts, and at times even the Supreme Court". Chief Judge Kimberly A. Moore commented of Newman that "many of her dissents have later gone on to become the law—either the en banc law from our court or spoken on high from the Supremes".
The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States. The Conference derives its authority from 28 U.S.C. § 331, which states that it is headed by the chief justice of the United States and consists of the chief justice, the chief judge of each court of appeals federal regional circuit, a district court judge from various federal judicial districts, and the chief judge of the United States Court of International Trade.
John Phil Gilbert is a senior senior United States district judge of the United States District Court for the Southern District of Illinois. Gilbert took senior status on March 15, 2014.
Boyce Ficklen Martin Jr. was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Appointed by President Jimmy Carter in 1979, Martin served as chief judge of the circuit from 1996 to 2003 and wrote more than 1,100 opinions during his 34-year tenure. Martin lived in Louisville, Kentucky.
Forrester v. White, 484 U.S. 219 (1988), was a case decided on by the United States Supreme Court. The case restricted judicial immunity in certain instances.
The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.
Carmen E. Garza is a former chief magistrate judge of the United States District Court for the District of New Mexico. She served as a magistrate judge from August 2006 to August 22, 2022, holding the position of chief magistrate judge from early 2018 until the end of her tenure on the bench. In 2022, the U.S. District Court for the District of New Mexico voted against reappointing Garza for a further term as magistrate judge as a result of misconduct allegations against her.
The Judicial Councils Reform and Judicial Conduct and Disability Act of 1980, Pub. L.Tooltip Public Law 96–458, 94 Stat. 2035, also known as the Judicial Conduct and Disability Act of 1980, is a United States federal law concerning misconduct and disability on the part of article III judges. It was signed into law by President Jimmy Carter on October 15, 1980. Congress enacted this statute to facilitate the discipline of judges for misconduct or disability that does not rise to the level of an impeachable offense. The statute allows an individual to file a complaint against a federal judge if they believe that the judge has engaged in conduct "prejudicial to the effective and expeditious administration of the business of the courts", or that the judge's mental faculties have declined such that they are now "unable to discharge all the duties" required of their office. The Act delegates primary responsibility for adjudicating complaints to the judicial councils of the United States courts of appeals, beginning with the submission of a complaint to the clerk for the corresponding circuit court of appeals. It does not apply to the justices of the Supreme Court of the United States.