Complaint Of Judicial Misconduct Or Disability Under 28 U.s.c. 372(C) - Judicial Council Of The Eleventh Circuit Page 11
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27dissenting statements issued by members of the Council, and shall inform them that the
Council' s decision is unreviewable. The Circuit Executive shall also transmit a copy of
the order to the Chief Judge. In addition to the or der maintained under seal, the Judicial
Council shall issue an order that shall be part of the public record; such order shall not
identify, dir ectly or indirectly, the complainant or the complained-of judge.
Authority: § 372(c)(6)(D), (10).
Chapter IV. Investigation by Special Committee
RULE 8.
APPOINTMENT OF SPECIAL COMMITTEE
Membership. A special committee appointed pursuant to Rule 4(b) shall consist
(a)
of the Chief Judge and equal numbers of circuit and district judges. The district judge members
of a special committee appointed to investigate a complained-of district, bankruptcy, or magistrate
judge shall be from districts other than the district of such complained-of judge.
Presiding officer. At the time of the appointment of the special committee, the
(b)
Chief Judge shall designate one member (who may be the Chief Judge) as the presiding officer.
(c)
Adviser. If the complained-of judge is a bankruptcy judge or magistrate judge, the
Chief Judge may appoint a bankruptcy judge or magistrate judge, as the case may be, to serve as
an adviser to the special committee. T he Chief Judge shall appoint such an adviser if, within ten
days of notification of the appointment of the committee, the complained-of bankruptcy judge or
magistrate judge requests that such an adviser be appointed. The adviser shall be from a district
other than the district of the complained-of judge.
(d)
Provision of documents. The Chief Judge shall transmit to the other members of
the special committee (and to the adviser, if any) copies of the complaint and any documents
pertaining to the committee' s investigation.
Continuing qualification of committee member. A judge appointed to a special
(e)
committee may continue to serve on the committee after becoming a senior judge or, in the case
of the Chief Judge, after his or her term as Chief Judge terminates.
(f)
Death or resignation of committee member. If a judge appointed to a special
committee dies or retir es from office under 28 U. S.C. § 371(a), the Chief Judge may appoint
another circuit or distr ict judge, as the case may be, to the committee. In any event, the
committee must have at least three members.
Authority: § 372(c)(4).
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