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Judicial Conduct & Disability

Under the Judicial Conduct and Disability Act and the Rules for Judicial-Conduct and Judicial-Disability Proceedings, anyone can file a complaint alleging a federal judge has committed misconduct or has a disability. 

The Judicial Conduct and Disability Act of 1980, 28 U.S.C. §§ 351–364, establishes a process by which any person can file a complaint alleging a federal judge has engaged in “conduct prejudicial to the effective and expeditious administration of the business of the courts” or has become, by reason of a mental or physical disability, “unable to discharge all the duties” of the judicial office.

The Rules for Judicial-Conduct and Judicial-Disability Proceedings (pdf), as amended on March 12, 2019, provide mandatory and nationally uniform provisions governing the substantive and procedural aspects of judicial conduct and disability proceedings under the Judicial Conduct and Disability Act. 

The judicial conduct and disability review process cannot be used to challenge the correctness of a judge’s decision in a case. A judicial decision that is unfavorable to a litigant does not alone establish misconduct or a disability. An attorney can explain any rights you have as a litigant to seek review of a judicial decision.

For more information, please visit the following links:

  • Frequently Asked Questions about filing a judicial conduct or disability complaint against a federal judge
  • Graphical Overview (pdf) of the process for filing a judicial conduct or disability complaint against a federal judge
  • Table S-22 for yearly statistics regarding judicial conduct and disability complaints against federal judges and actions taken under the Judicial Conduct and Disability Act of 1980

Digest of Authorities on the Judicial Conduct and Disability Act

The Digest of Authorities on the Judicial Conduct and Disability Act (Digest) is a summary of publicly available materials on the Judicial Conduct & Disability Act. The Digest summarizes the relevant sources of law, Rules on Judicial Conduct and Judicial Disability Proceedings (Rules), and orders on complaints of judicial misconduct issued by chief circuit judges, judicial councils, and the Committee on Judicial Conduct and Disability. The Digest currently covers orders issued through 2022 and will be updated at regular intervals going forward. The Digest has been developed in line with a recommendation from the 2006 Report on the Implementation of the Judicial Conduct and Disability Act of 1980 (Breyer Committee Report), which recommended that the Committee on Judicial Conduct and Disability develop an online resource for all chief circuit judges, judicial council members, and circuit staff to help them “understand the Act and how to apply it.”  

Court Resources

A judicial conduct or disability complaint against a federal judge must be filed in the appropriate court office, as described in Rule 7 of the Rules for Judicial-Conduct and Judicial-Disability Proceedings. Please visit the website of the appropriate court office for additional information.