Complaint Of Judicial Misconduct Or Disability Under 28 U.s.c. 372(C) - Judicial Council Of The Eleventh Circuit Page 24
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27(11) Each judicial council and the Judicial Conference may prescribe 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–
(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 attendance 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 such rule shall be made or amended only after giving appropriate public notice and an
opportunity for comment. Any rule promulgated under this subsection shall be a matter of public
record, and any such rule promulgated by a judicial council may be modified by the Judicial
Conference. No rule promulgated under this subsection may limit the period of time within which
a person may file a complaint under this subsection.
(12) No judge or magistrate whose conduct is the subject of an investigation under this subsection
shall serve upon a special committee appointed under paragraph (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) Except as provided in paragraph (8), 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 except to the extent that--
(A) the judicial council of the circuit in its discretion releases a copy of a report of a special
investigative committee under paragraph (5) to the complainant whose complaint initiated the
investigation by that special committee and to the judge or magistrate whose conduct is the subject
of the complaint;
(B) the judicial council of the circuit, the Judicial Conference of the United States, or the Senate or
the House of Representatives 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
(C) such disclosure is authorized in writing by the judge or magistrate who is the subject of 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.
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