Vol. 36, Number 7—July 2004

Committee Determines Course of Study

The first organizational meeting of the Judicial Conduct and Disability Act Study Committee was held in June at the Supreme Court. The Committee was formed by Chief Justice William H. Rehnquist to evaluate how the federal judicial system has implemented the Judicial Conduct and Disability Act of 1980. According to a statement released by the Committee last month, the Committee will not investigate particular allegations of judicial misconduct. Instead, it will examine, from complaints filed in the last several years, as many non-frivolous complaints as can be identified, as well as a statistical sample of all complaints. The information will be used to help shape a further course of examination and analysis, eventually leading to recommendations to the Chief Justice.

Although the Committee will proceed publicly where useful and appropriate, it recognizes the statutory requirement to maintain confidentiality of records and complaints, as dictated by section 360 of title 28.

The Judicial Conduct and Disability Act of 1980 authorizes any person to file a complaint with the clerk of the court of appeals for the circuit alleging that a federal judge has "engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts," or is physically or mentally unable to perform his or her duties. The Act does not apply to justices of the Supreme Court.

Justice Stephen Breyer chairs the Committee, which also includes Judges J. Harvie Wilkinson (4^th Cir.), Pasco Bowman (8^th Cir.), D. Brock Hornby (D. Me.) and Sarah Evans Barker (S.D. Ill), and Sally M. Rider (administrative assistant to the Chief Justice). Staff from the Administrative Office and Federal Judicial Center will assist the Committee in developing and implementing a research plan.