NCJ Number
110630
Journal
Judicature Volume: 71 Issue: 5 Dated: (February-March 1988) Pages: 282-283
Date Published
1988
Length
2 pages
Annotation
This article points out that the Judicial Councils Reforms and Judicial Conduct and Disability Act strengthens informal ways of dealing with the improper behavior of Federal judges.
Abstract
The statute provides judges with a strong tool to investigate and correct improper judicial behavior without jeopardizing the independence of judges. The new statute also gives circuit judicial councils the authority to issue orders necessary and appropriate for the effective administration of justice. The Administrative Office of the United States Courts reported that of the 244 complaints of judicial misconduct concluded in 1987, 198 were dismissed by the circuit chief judges, 35 were dismissed by the judicial council, 2 were withdrawn, 8 were terminated after appropriate action was taken, and one was referred to the U.S. Judicial Conference. These statistics are misleading, the author reports, because they do not report the extent of the misconduct problems of judges, since attorneys are reluctant to use the formal judicial misconduct complaint process against judges. However, informal complaint procedures are effective although not included in the judicial misconduct statistics. The existence of formal procedures often enables judicial councils or chief judges to work out informal resolutions to judicial problems such as alcoholism or deteriorating physical or mental health. The author argues that it is the responsibility of the bar and the public to tell responsible judicial officials about judges with serious problems. Then, judges and judicial councils must ensure that the misconduct problems of some judges do not interfere with the effective administration of justice. 7 footnotes.