Complaint Of Judicial Misconduct Or Disability Under 28 U.s.c. 372(C) - Judicial Council Of The Eleventh Circuit Page 12
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27RULE 9.
INVESTIGATION AND REPORT
(a)
Scope of investigation. The special committee shall conduct an investigation as
extensive as it considers necessary. If, in the cour se of the investigation, the committee has
reason to believe that the complained-of judge may have engaged in misconduct that is beyond the
scope of the complaint or the complained-of judge may be unable to discharge the duties of office
because of mental or physical disability, the committee may expand the scope of its investigation.
Criminal matters. If the complaint alleges or the special committee has reason
(b)
to believe that the complained-of judge has engaged in criminal conduct, the committee may
consult with appropriate law enforcement authorities. Unless disclosure of the matter has been
authorized under § 372(c)(14), however, the committee shall not disclose to such authorities the
identity of the complained-of judge or information which would, in effect, disclose the judge' s
identity.
Subpoena powers. The Chief Judge may delegate to the presiding officer the
(c)
authority to exercise the special committee' s subpoena powers as provided in 28 U. S.C. § 332(d).
Witness fees shall be paid as provided in 28 U. S.C. § 1821.
(d)
Staff. To assist it in its work, the special committee may use staff of the judicial
branch or may arrange, thr ough the Administrative Office of the United States Courts, for the
hiring of additional staff.
(e)
Voting. All actions of the special committee shall be taken by a vote of a majority
of the members.
(f)
Report.
The special committee shall submit to the Judicial Council a
comprehensive written report of its investigation and the record of any hearings the committee
may have conducted. The committee' s report shall pr esent both the findings of the investigation
and the committee' s recommendations for action by the Judicial Council. The report shall also
include any separate or dissenting statements by members of the committee.
Authority: § 372(c)(5), (9)(A).
RULE 10.
HEARINGS
(a)
Purpose of hearings. The special committee may hold hearings to take testimony,
receive other evidence, or hear argument. If the committee is investigating allegations against
more than one judge, it may hold joint hearings.
Notice to complained-of judge. The special committee shall give the complained-
(b)
of judge written notice of (1) any hearing it intends to hold; (2) his or her right to attend the
hearing; (3) the purpose(s) of the hearing; and (4) the name(s) of any witness(es) that the
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