REVISED 3/18/95

JUDICIAL COUNCIL OF THE FIFTH CIRCUIT

RULES GOVERNING COMPLAINTS OF JUDICIAL

MISCONDUCT OR DISABILITY

RULE 1. THE COMPLAINT PROCEDURE

(A) Purpose. To improve the administration

of justice in the federal courts, specifically the federal courts

in the Fifth Judicial Circuit.

(B) Basis for complaints. The law authorizes

complaints against United States circuit, district, bankruptcy,

and magistrate judges who have "engaged in conduct prejudicial to

the effective and expeditious administration of the business of

the courts" or who are "unable to discharge all the duties of

office by reason of mental or physical disability." The conduct

to which the law is addressed does not include making wrong

decisions--even very wrong decisions--for the law provides that a

complaint may be dismissed if it is "directly related to the

merits of a decision or procedural ruling." "Mental or physical

disability" may include temporary conditions as well as permanent

disability.

(C) Judges subject to the procedure.

The complaint procedure applies to judges of

the United States courts of appeals, district and

bankruptcy courts, and magistrate judges. These

rules apply, in particular, to judges of the Court

of Appeals for the Fifth Circuit and to the

district, bankruptcy, and magistrate judges of

federal courts within the circuit. The circuit

includes the states of Texas, Louisiana, and

Mississippi.

Complaints against other federal court

officials within the Fifth Circuit should be made

to their supervisors. If such a complaint cannot

be satisfactorily resolved at lower levels, it may

be referred to the employing court. Appeals from

the final action of the employing court may be

filed with the Circuit Executive for the Fifth

Judicial Circuit at 600 Camp Street, Room 300, New

Orleans, LA 70130. The Circuit Executive,

functioning as a mediator, may be of assistance in

resolving such complaints.

(D) Time for filing complaints. A complaint

may be filed at any time; however, complaints should be filed

promptly. A complaint may be dismissed if the delay in filing

prevents fair consideration of the matter.

RULE 2. FILING A COMPLAINT

(A) Form. There is no mandatory form but the

complaint must contain the following information and be

consistent with these guidelines.

(B) Statement of facts. The complaint must

contain a factual statement setting forth with particularity the

claimed misconduct or disability, including:

A detail of what occurred;

The time and place of the occurrence(s); and

Any other relevant information, such as the

presence of a court reporter or other

witnesses and their names and addresses.

(C) Legibility. Complaints should be

typewritten if possible, but they must be legible.

(D) Submission of documents. Documents, such

as excerpts from transcripts, may be referred to in the statement

of facts, but the documents may only be submitted if requested by

the chief judge of the circuit. Any such reference must include

the specific page(s) on which relevant material appears.

(E) Number of copies. Only the original of

the complaint need be filed.

(F) Signature and oath. The complaint must

be signed and the truth of the statements must be verified in

writing under oath. As an alternative to taking an oath, the

complainant may declare under penalty of perjury that the

statements are true. The complaint should contain the

complainant's address and telephone number.

(G) Anonymous complaints. Anonymous

complaints will not be processed under these rules but will be

forwarded to the chief judge of the circuit for appropriate

consideration. See rule 19(A).

(H) Where to file. Complaints should be sent

to Clerk, United States Court of Appeals for the Fifth Circuit,

600 Camp Street, Room 102, New Orleans, LA 70130. The envelope

should be marked "Complaint of Misconduct" or "Complaint of

Disability." The name of the judge complained about should not

appear on the envelope.

(I) Filing fee. There is no filing fee for

complaints of misconduct or disability.

(J) Chief judge's authority to initiate

complaint. In the interest of the effective and expeditious

administration of the business of the courts and on the basis of

available information, the chief judge may, by written order

stating reasons therefor, identify a complaint as authorized by

28 U.S.C. &#167372(c)(1) and thereby dispense with filing of a

written complaint. A chief judge who has identified a complaint

under this rule will not be considered a complainant and, subject

to rule 17(A), will perform all chief judge functions.

RULE 3. DUTIES OF THE CLERK OF COURT -- RECEIPT OF

COMPLAINT

(A) Receipt of complaint in proper form.

Upon receipt of a complaint against a judge filed in proper form,

the clerk of court will open a file, assign a docket number, and

acknowledge receipt of the complaint. The clerk will promptly

send copies to the chief judge of the circuit (or the judge

authorized to act as chief judge under Rule 17(F)) and to the

judge complained about. The original of the complaint will be

retained by the clerk.

Upon the issuance of an order by the chief judge

identifying a complaint under rule 2(J), the clerk will

thereafter expeditiously process such complaint as otherwise

provided by these rules.

(B) Receipt of complaint against other than a

judge of the Fifth Circuit. The clerk will not accept for

filing a complaint about an official other than a judge of the

Fifth Circuit. The clerk will return the submission and advise

the complainant of the procedure for processing such

complaints.

(C) Receipt of complaint against a judge of the

Fifth Circuit and another official. If a complaint is

received against a judge of the Fifth Circuit and another

official, the clerk will reject the complaint, advising the

complainant in writing of the procedures for filing separate

complaints. See rule 1(C)(1) and (2).

(D) Receipt of complaint not in proper form.

The clerk will reject a complaint that does not comply with these

rules, advising the complainant of the appropriate procedures.

RULE 4. REVIEW BY THE CHIEF CIRCUIT JUDGE

(A) Purpose. The chief judge will review the

complaint expeditiously to determine whether it should be:

dismissed, concluded on the ground that corrective action has

been taken, concluded because intervening events have made action

unnecessary, or referred to a special committee.

(B) Dismissal. A complaint will be dismissed

if the chief judge concludes that the complaint:

does not allege "conduct prejudicial to the

effective and expeditious administration of the

business of the courts" nor indicate a mental or

physical disability resulting in inability to

discharge the duties of office;

is directly related to the merits of a

decision or procedural ruling;

is frivolous; or

is otherwise not appropriate for

consideration.

(C) Corrective action. The proceeding will

be concluded if the chief judge determines that appropriate

remedial action has been taken or that intervening events have

made action unnecessary.

(D) Inquiry by chief judge. The chief judge

may request the subject judge to file a written response to the

complaint. The chief judge may also communicate orally or in

writing with the complainant, the judge complained about and

other people who may have knowledge of the matter, and may secure

and review any transcripts or other relevant documents. The

chief judge will not make findings of fact about any matter that

reasonably is in dispute.

(E) Appointment of special committee. If the

complaint is not dismissed or concluded, the chief judge will

promptly appoint a special committee to investigate the complaint

and make recommendations to the judicial council. In the

discretion of the chief judge, separate complaints may be joined

and assigned to a single special committee; similarly, specific

components of a single complaint may be severed and more than one

special committee appointed.

(F) Notice of chief judge's action.

If the complaint is dismissed or the

proceeding concluded on the basis of

corrective action taken or because

intervening events have made action on the

complaint unnecessary, the chief judge will

prepare an order and a supporting memorandum,

if the chief judge deems a memorandum

appropriate, that sets forth the allegations

of the complaint and the reasons for the

disposition. The order and any supporting

memorandum will be provided to the

complainant and to the judge, who will be

notified of the right to petition the

judicial council for review of the decision.

The notice will set a deadline, expressed as

a date certain, for filing a petition for

review.

If a special committee is appointed, within

five days the clerk of court will notify the

complainant and the subject judge, informing

them of the membership of the special

committee. The notice to the complainant

will include notice of the rights conferred

by rule 12. The notice to the judge will

include notice of the rights conferred by

rule 11 and a copy of all documents certified

to the special committee under rule

6(C).

(G) Public availability of chief judge's

decision. Materials related to the chief judge's decision

will be made public at the time and in the manner set forth in

rule 16.

(H) Report to judicial council. The chief

judge will periodically report to the Judicial Council of the

Fifth Circuit about all actions taken under this rule.

RULE 5. REVIEW OF CHIEF JUDGE'S DISPOSITION

(A) Petition. If the chief judge dismisses a

complaint or concludes the proceeding on the ground that

corrective action has been taken or that intervening events have

made further action unnecessary, a petition for review may be

addressed to the Judicial Council of the Fifth Circuit. The

judicial council may affirm the order of the chief judge, return

the matter to the chief judge for further action, or, in

exceptional cases, take other appropriate action.

(B) Time. A petition for review must be

received in the office of the clerk of the court of appeals

within 30 days of the date of the clerk's letter transmitting the

chief judge's order.

(C) Form. A petition may be in the form of a

letter, addressed to the clerk of the court of appeals, beginning

"I hereby petition the judicial council for review of the chief

judge's order. . . ." No copy of the original complaint need be

enclosed.

(D) Legibility. Petitions should be

typewritten if possible, but must be legible.

(E) Number of copies. Only an original is

required.

(F) Statement of grounds for petition. The

petition should set forth a brief statement of the reasons why

the complaint should not have been dismissed or concluded. It

should not repeat the complaint.

(G) Signature. The letter must be signed.

(H) Where to file. Petition letters should

be sent to Clerk, United States Court of Appeals for the Fifth

Circuit, 600 Camp Street, Room 102, New Orleans, LA 70130. The

envelope should be marked "Misconduct Petition" or "Disability

Petition." The name of the judge complained about should not

appear on the envelope.

(I) Filing fee. There is no filing fee for a

petition under this procedure.

RULE 6. DUTIES OF THE CLERK OF COURT -- PETITION FOR

REVIEW

(A) Receipt of timely petition in proper

form. Upon receipt of a petition for review filed within the

time allowed and in proper form, the clerk will acknowledge

receipt of the petition and promptly transmit a copy to the

complainant or the subject judge.

(B) Response. A response to the petition

must be filed with the clerk within 20 days from the date of the

transmittal of the petition.

(C) Transmission. Subject to any modifying

resolution of the judicial council, upon receipt of a response,

or 20 days after the transmittal of the petition, whichever

occurs first, the clerk will send to each member of the judicial

council, except any member disqualified under Rule 17, copies of:

the complaint, documents pertaining thereto, the chief judge's

order and any supporting memorandum disposing of the complaint,

and the petition for review and any response thereto. The clerk

will send the same materials to the chief judge, the complainant,

and the subject judge, except that materials previously sent to a

person may be omitted.

(D) Receipt of untimely petition. The clerk

shall refuse to accept an untimely petition.

(E) Receipt of timely petition not in proper

form. Upon receipt of a timely petition which is not in

proper form under these rules, the clerk will acknowledge

receipt, call the petitioner's attention to the deficiencies,

allowing an opportunity for correcting the deficiencies within 15

days of the date of the clerk's letter or within the original

deadline for filing the petition, whichever is later. If not

timely corrected, the clerk will reject the filing.

(F) Communication with council members.

Neither the petitioner nor the respondent may communicate with

judicial council members except as provided in paragraphs (A) and

(B) of this rule.

[As Amended October 1, 1994]

RULE 7. REVIEW BY THE JUDICIAL COUNCIL

By standing resolution the judicial council may

delegate the review process to rotating panels drawn at random

with power to act on behalf of the full council.

(A) Mail Voting. If the judicial council

does not opt to act through rotating panels, the following

procedures shall apply:

Each member of the judicial council will vote

to either affirm the chief judge's

disposition or place the matter on the agenda

of a meeting of the judicial council.

Votes will be tabulated by the active circuit

judge who is most senior in date of

commission and not disqualified.

In the event that all council members are

disqualified, a petition for review will be

referred to the Judicial Conference of the

United States.

If more than two-thirds of the votes are to

affirm, the chief judge's order will be

affirmed. If as many as one-third of the

members vote to place the petition on the

agenda it will be scheduled for the next

meeting of the judicial council.

(B) Vote at meeting of judicial council.

Action by the judicial council shall be by a majority vote of the

members present and voting.

(C) Notice of council decision.

The order of the judicial council, together

with any accompanying memorandum, will be

provided to the complainant, the subject

judge, and the chief judge.

The petitioner will be notified that the law

provides for no further review of an

unfavorable decision.

If the order of the judicial council affirms

the chief judge's disposition, a supporting

memorandum will be prepared only if the

judicial council concludes that there is a

need to supplement the chief judge's

explanation.

(D) Public availability of judicial council

decision. Materials related to the judicial council's

decision will be made public only at the time and in the matter

set forth in rule 16.

[As amended October 1, 1994]

RULE 8. SPECIAL INVESTIGATORY COMMITTEE

(A) Membership. All special committees will

consist of the chief judge of the circuit and an equal number of

circuit and district judges in regular active service. If the

complaint involves a district, bankruptcy, or magistrate judge,

the district judge members will be from districts other than that

of the subject judge.

(B) Presiding officer. The chief judge will

designate the committee chair or may personally perform that

function. When designating another member as committee chair,

the chief judge may authorize that member to direct the clerk of

the court to issue subpoenas related to the proceedings.

(C) Bankruptcy judge or magistrate judge as

adviser. If the judicial officer subject to the complaint is

a bankruptcy or magistrate judge, the chief judge may designate a

bankruptcy or magistrate judge to serve as an adviser to the

special committee. The chief judge shall designate such an

adviser if, within 10 days of notification of the appointment of

the committee, the subject bankruptcy or magistrate judge

requests that an adviser be designated. The adviser must be from

a district other than the district of the subject judge and will

not vote but will have the other privileges of a member of the

committee.

(D) Provision of documents. Within five days

of the appointment of the special committee the chief judge will

certify to each member and to the adviser, if any, copies of the

complaint and any other pertinent documents.

(E) Continuing qualification of committee

members. A member of a special committee may continue to

serve despite relinquishing the position of chief judge or active

circuit or district judge, as the case may be, provided the

member continues to hold office under Article III, Section 1, of

the Constitution of the United States.

(F) Inability of committee member to complete

service. If a member of a special committee can no longer

serve because of death, disability, disqualification,

resignation, retirement, or other reason, the chief judge will

determine whether to appoint a replacement, but no special

committee appointed under these rules will function with less

than three members.

RULE 9. CONDUCT OF AN INVESTIGATION

(A) Extent and methods to be determined by

committee. Each special committee will determine the extent

of the investigation and the methods to be used. If the

committee concludes that the judge may have engaged in misconduct

beyond the scope of the complaint, it may expand that scope to

encompass such misconduct, timely providing written notice of the

expanded scope to the subject judge.

(B) Criminal matters. If the complaint

alleges criminal conduct, or if the special committee becomes

aware of possible criminal conduct, it will consult with the

appropriate prosecuting authorities, to the extent permitted by

28 U.S.C. &#167372(c)(14), to avoid compromising any criminal

investigation. The special committee will make its own

determination, however, about the timing of its activities,

bearing in mind the imperative of ensuring the proper

administration of the business of the courts.

(C) Staff. The special committee may arrange

for staff assistance, using existing staff of the judicial branch

or arranging, through the Administrative Office of the United

States Courts, for the hiring of special staff.

(D) Delegation. The special committee may

delegate its duties to staff members, individual committee

members, or to an adviser designated under rule 8(C). The

authority to exercise the subpoena powers may be delegated only

to the chair. The judicial council or special committee may

institute a contempt proceeding consistent with 28 U.S.C.

&#167332(d), for failure to comply with any subpoena.

(E) Report. The special committee shall file

with the judicial council a comprehensive report of its

investigation, including findings and recommendations for

judicial council action. The report shall reflect the final

vote, any separate or dissenting statements of committee members,

and the record of any hearings held pursuant to rule 10.

(F) Attorney's fees, witness fees, and other

expenses. When making its report, the special committee will

determine whether to recommend that the judicial council ask the

Director, Administrative Office of the U.S. Courts, to pay from

funds of the United States the reasonable attorneys' fees,

witness fees, and other expenses incurred by the subject

judge.

(G) Voting. All actions of the special

committee will be by vote of a majority of its members.

RULE 10. HEARINGS BY SPECIAL COMMITTEE

(A) Purpose of hearings.

The special committee may hold hearings to

take testimony and receive other evidence and

hear argument. Hearings shall be entirely

under the control of the special committee,

which shall determine the mode and order of

the interrogation of witnesses and the

presentation of evidence.

If the special committee is investigating

allegations against more than one judge, it

may hold joint or separate hearings.

(B) Notice to subject judge. The subject

judge will be given written notice of any hearing, its purposes,

the names of any witnesses, timely access to documents, and may

suggest additional witnesses.

(C) Special committee witnesses. All persons

who are believed to have substantial information will be called

as special committee witnesses, including the complainant and the

subject judge. The witnesses may be questioned by special

committee members. The subject judge will be afforded the

opportunity to cross-examine committee witnesses, personally or

through counsel.

(D) Witnesses called by the judge. The

subject judge may also call and examine witnesses, personally or

through counsel. Those witnesses may be examined by special

committee members.

(E) Witness fees. Witness fees will be paid

as provided in 28 U.S.C. &#1671821.

(F) Rules of evidence; oath. The Federal

Rules of Evidence will apply to any evidentiary hearing except to

the extent that departures from the adversarial format of a trial

make them inappropriate. All testimony taken at such a hearing

will be given under oath or affirmation.

(G) Record and transcript. A record will be

made of every hearing.

RULE 11. RIGHTS OF SUBJECT JUDGE

(A) Notice. The subject judge is entitled to

written notice under rules 4(F)(2), 9(A), and 10(B)(1).

(B) Presentation of evidence. The judge is

entitled to a hearing, and has the right to present evidence and

to compel the attendance of witnesses and the production of

documents, pursuant to subpoena if necessary.

(C) Presentation of argument. The judge may

submit written and oral argument.

(D) Attendance at hearings. The judge may

attend any hearing and, upon request, receive copies of the

transcript and any documents introduced, as well as any written

arguments submitted by the complainant.

(E) Representation by counsel. The judge may

be represented by counsel at all stages. The costs of such

representation may be borne by the United States as provided in

Rules 9(F) and 13(G).

RULE 12. RIGHTS OF COMPLAINANT

(A) Notice. The complainant is entitled to written

notice of the investigation as provided in Rule 4(F)(2). Upon

the filing of the special committee's report to the judicial

council, the complainant will be notified that the report has

been filed and is before the judicial council for decision.

Although the complainant is not entitled by right to a copy of

the report, the judicial council may, in its discretion, furnish

such a copy.

(B) Opportunity to provide evidence. The

complainant may be interviewed by a representative of the special

committee. If the complainant has substantial information to

offer, he or she may be called as a witness.

(C) Presentation of argument. The

complainant may submit written argument to the special committee

and may be permitted to offer oral argument.

(D) Additional rights. The complainant may

suggest witnesses to be called and exhibits to be examined.

RULE 13. ACTION BY JUDICIAL COUNCIL

(A) Purpose of judicial council

consideration. After receipt of a report of a special

committee, the judicial council may determine to dismiss the

complaint, conclude the proceeding on the ground that corrective

action has been taken or that intervening events make further

action unnecessary, order corrective action, or take such other

steps as it deems appropriate, including referring the complaint

to the Judicial Conference of the United States.

(B) Basis of council action. The judicial

council may act on the basis of the report of the special

committee and the record of any hearings held, or it may order

further investigation and report by the special committee, or

conduct such additional investigation as it deems appropriate.

(C) Dismissal. The judicial council will

dismiss a complaint if it concludes that:

the claimed conduct is neither "conduct

prejudicial to the effective and expeditious

administration of the business of the courts"

nor indicative of a mental or physical

disability resulting in inability to

discharge the duties of office;

the complaint is directly related to the

merits of a decision or procedural ruling;

the facts on which the complaint is based

have not been demonstrated; or

under the statute, or these rules, the

complaint is not appropriate for

consideration.

(D) Corrective action. The judicial council

will conclude the proceeding upon determining that appropriate

action has been taken or intervening events make such action

unnecessary.

(E) Referral to Judicial Conference of the United

States. The judicial council may, in its discretion, refer a

complaint to the Judicial Conference of the United States with

recommendations. It will refer such a complaint to the Judicial

Conference if it determines that a circuit or district judge may

have engaged in conduct that might constitute ground for

impeachment or is not amenable to resolution at the judicial

council level.

(F) Order of corrective action. If the

complaint is not disposed of under paragraphs (C) through (E) of

this rule, the judicial council will take other action to assure

the effective and expeditious administration of the business of

the courts. Such action may include, among other measures:

censuring or reprimanding the judge, either

publicly or privately;

ordering that, for a fixed temporary period,

no new cases be assigned to the judge;

in the case of a magistrate judge, ordering

the chief judge of the district court to take

action specified by the judicial council,

including the initiation of removal

proceedings pursuant to 28 U.S.C.

&#167631(i);

in the case of a bankruptcy judge, removing

the judge from office pursuant to 28 U.S.C.

&#167152(e);

in the case of a circuit or district judge,

requesting the judge to retire voluntarily

with the provision (if necessary) that

ordinary length-of-service requirements will

be waived; and

in the case of a circuit or district judge

who is disabled and eligible to retire for

that reason but does not do so, certifying

the disability under 28 U.S.C. &#167372(b).

(G) Attorneys' fees, witness fees, and other

expenses. Upon the request of a judge whose conduct is the

subject of a complaint, the judicial council may, if the

complaint has been finally dismissed, recommend that the Director

of the Administrative Office of the United States Courts award

reimbursement, from funds appropriated to the judiciary, for

those reasonable expenses, including attorneys' fees, incurred by

the judge as a result of the investigation.

(H) Notice of action of judicial council.

Judicial council action will be by written order. The order

generally will be accompanied by a memorandum setting forth the

factual determinations and the reasons for the action. The order

and the supporting memorandum will be provided to the complainant

and to the judge. If the complaint has been referred to the

Judicial Conference and the council determines that disclosure

would be contrary to the interests of justice, such disclosure

need not be made. The complainant and the judge will be notified

of any right to seek review of the council's decision by the

Judicial Conference and of the procedure for filing a petition

for review.

(I) Public availability of judicial council

action. Materials related to the judicial council's action

will be made public at the time and in the manner set forth in

Rule 16.

RULE 14. JUDICIAL COUNCIL CONSIDERATION OF A SPECIAL

COMMITTEE REPORT.

(A) Procedures. The conduct of any

investigation or hearing by the judicial council will be

generally in accordance with the procedures for a special

committee set forth in rules 9 and 10. If hearings are held, the

judicial council may limit testimony to avoid unnecessary

repetition of that presented to the special committee.

(B) Rights of the subject judge.

Within ten days after the transmittal of the

report of a special committee to the subject

judge, the judge may submit a written

response to the judicial council.

If the judicial council decides to conduct an

additional investigation, the subject judge

will be given timely and meaningful written

notice.

The subject judge will be afforded an

opportunity to appear before the council

alone or with counsel to cross-examine

witnesses and to present oral and documentary

evidence.

In any case in which the judicial council

proposes to take action not recommended by a

special committee and adversely affecting the

subject judge, the judge will have an absolute

right to appear and present oral and documentary

evidence to the judicial council.

(C) Rights of complainant. If the judicial

council concludes that the complainant could offer substantial

additional information, it may provide the complainant with a

copy of the report of the special committee under a

confidentiality order pursuant to 28 U.S.C. &#167372(c)(14). In

that event the complainant will be afforded an opportunity to

present argument in writing to the judicial council. The

complainant may also be afforded, in the council's discretion, an

opportunity to appear at hearings conducted by the judicial

council and be accompanied by counsel.

(D) Communication with council members.

Neither the complainant nor the subject judge may communicate

with judicial council members except as provided in paragraphs

(B) and (C) of this rule.

(E) Review of special committee report. The

judicial council shall accord substantial deference to the

findings and recommendations of the special committee.

(F) Voting. Action under this rule will be

taken by a majority of those members of the judicial council

present and voting.

RULE 15. CONFIDENTIALITY

(A) General rule. Consideration of a

complaint by the chief judge, a special committee, or the

judicial council will be treated as confidential, and information

about such consideration will not be disclosed by any judge or

employee of the judicial branch or any person who records or

transcribes testimony except in accordance with these rules.

(B) Files. All files related to complaints

of misconduct or disability, regardless of whether the complaint

was accepted for filing or not, will be maintained separate and

apart from all other files and records, with appropriate security

precautions to ensure confidentiality. To preserve the confi-

dential nature of these proceedings, upon final disposition of a

complaint the Clerk of Court will secure the original file and

all copies will be destroyed. Each judge receiving a copy of any

part of a complaint file shall, upon notice, either destroy the

materials or return same to the Clerk for destruction, certifying

the action on a form provided by the Clerk.

(C) Disclosure in memoranda of reasons.

Memoranda supporting orders of the chief judge or the judicial

council, and dissenting opinions or separate statements of

members of the judicial council, may contain such information and

exhibits as the authors deem appropriate and may be made public

pursuant to rule 16.

(D) Availability to Judicial Conference. In

the event that a complaint is referred to the Judicial

Conference, the clerk will forward copies of the report of the

special committee and any other documents and records that were

before the judicial council. Upon request of the Judicial

Conference or its Committee to Review Circuit Council Conduct and

Disability Orders, the clerk will furnish any other records

related to the investigation.

(E) Availability to district court. In the

event that the judicial council directs the initiation of

proceedings for removal of a magistrate judge under rule

13(F)(3), the clerk will provide to the chief judge of the

district court copies of the report of the special committee and

any other documents and records that were before the judicial

council. Upon request of the chief judge of the district court,

the judicial council may authorize release of any other records

relating to the investigation.

(F) Impeachment proceedings. The judicial

council may release to the legislative branch any materials that

are believed necessary to an impeachment investigation or a trial

on articles of impeachment.

(G) Consent of subject judge. Any materials

from the files may be disclosed to any person upon the written

consent of both the subject judge and the chief judge of the

circuit. The chief judge may require that the identity of the

complainant be shielded in any materials disclosed.

(H) Disclosure by judicial council. The

judicial council may authorize disclosure of information,

including the papers, documents, and transcripts relating to an

investigation, provided it concludes that such disclosure is

justified by special circumstances and is not prohibited by 28

U.S.C. &#167372(c)(14).

(I) Disclosure of identity by subject judge.

Nothing in this rule will preclude the subject judge from

acknowledging that he or she is the judge referred to in

documents made public pursuant to Rule 16.

[As amended October 1, 1994]

RULE 16. PUBLICATION

(A) General rule. A docket-sheet record of

orders of the chief judge and the judicial council and the texts

of any memoranda supporting such orders and any dissenting

opinions or separate statements by members of the judicial

council will be made public when final action on the complaint

has been taken and is no longer subject to review.

If the complaint is finally disposed of

without appointment of a special committee,

or if it is disposed of by judicial council

order dismissing the complaint for reasons

other than mootness or because intervening

events have made action on the complaint

unnecessary, the publicly available materials

will not disclose the name or identity of the

subject judge without his or her consent.

If the complaint is finally disposed of by

censure or reprimand by means of private

communication, the publicly available

materials will not disclose either the name

of the subject judge or the text of the

reprimand.

If the complaint is finally disposed of by

any other action taken pursuant to rule 13(D)

or (F), except dismissal because intervening

events have made action on the complaint

unnecessary, the text of the dispositive

order will be included in the materials made

public, and the name of the judge will be

disclosed.

If, after the appointment of a special

committee, the complaint is dismissed because

intervening events have made action

unnecessary, the judicial council will

determine whether the name of the judge is to

be disclosed.

Unless the chief judge specifically orders,

the name of the complainant will not be

disclosed in materials made public under this

rule.

(B) Manner of making public. The records

referred to in paragraph (A) of this rule will be made public by

placement in a file accessible to the public in the Office of the

Clerk, United States Court of Appeals for the Fifth Circuit, 600

Camp Street, New Orleans, LA 70130. The clerk will send copies

of the publicly available materials to the Federal Judicial

Center, One Columbus Circle, N.E., Washington, D.C. 20002, where

such materials will also be available for public inspection. In

addition, in cases in which memoranda appear to have precedential

value, the chief judge may cause sanitized versions to be

published.

(C) Decisions of Judicial conference standing

committee. To the extent consistent with the policy of the

Judicial Conference Committee to Review Circuit Council conduct

and Disability Orders, opinions of that committee about

complaints arising from this circuit will be made available to

the public by the clerk of the court of appeals.

(D) Special rule for decisions of judicial

council. When the judicial council has taken final action on

the basis of a report of a special committee and no timely

petition for review has been filed with the Judicial Conference,

the materials referred to in paragraph (A) of this rule will be

made public.

(E) Complaints referred to the Judicial

Conference of the United States. If a complaint is referred

to the Judicial Conference, materials relating to the complaint

will be made public only as may be ordered by the Judicial

Conference.

RULE 17. DISQUALIFICATION

(A) Complainant. If the complaint is filed

by a judge, that judge will be disqualified from participation in

any consideration of the complaint except to the extent that

these rules provide for participation by a complainant. A chief

judge who has identified a complaint under rule 2(J) will not be

automatically disqualified from participating in the

consideration of the complaint but may disqualify as a matter of

personal discretion.

(B) Judge complained about. A judge whose

conduct is the subject of a complaint will be disqualified from

participating in any consideration of the complaint except to the

extent that these rules provide for participation by a subject

judge.

(C) Disqualification of chief judge on

consideration of a petition for review of a chief judge's

order. If a petition for review of a chief judge's order

dismissing a complaint or concluding a proceeding is filed with

the judicial council pursuant to Rule 5(A), the chief judge will

not participate in the council's consideration of the petition.

In such a case, the chief judge may address a written

communication to all of the members of the council, with copies

provided to the complainant and to the subject judge. The chief

judge may not otherwise communicate with council members about

the matter, either orally or in writing.

(D) Member of special committee not

disqualified. A member of the judicial council who is

appointed to a special committee will not be disqualified from

participating in council consideration of the committee's

report.

(E) Judge under investigation. Upon

appointment of a special committee, the subject judge will

automatically be disqualified from serving on any special

committee appointed under Rule 4(E), the judicial council of the

circuit, the Judicial Conference of the United States, and the

Committee to Review Circuit Council Conduct and Disability Orders

of the Judicial Conference of the United States. The

disqualification will continue until all proceedings regarding

the complaint are finally terminated, with no further right of

review. The proceedings will be deemed terminated thirty days

after the final action of the judicial council if no petition for

review has at that time been filed with the Judicial

Conference.

(F) Substitute for disqualified chief judge.

If the chief judge of the circuit is disqualified from

participating in consideration of the complaint, the duties and

responsibilities of the chief judge under these rules will be

assigned to the circuit judge in regular active service who is

the most senior in date of commission of those who are not

disqualified.

RULE 18. WITHDRAWAL OF COMPLAINTS AND PETITIONS FOR

REVIEW

(A) Complaint pending before chief judge. A

complaint that is before the chief judge for a decision under

Rule 4 may be withdrawn by the complainant with the consent of

the chief judge.

(B) Complaint pending before special committee or

judicial council. After a complaint has been referred to a

special committee for investigation, the complaint may be

withdrawn by the complainant only with the consent of both the

subject judge and the special committee. If the report of the

special committee has been filed with the judicial council, its

consent will be required for withdrawal.

(C) Petition for review of chief judge's

disposition. A petition to the judicial council for review

of the chief judge's disposition of a complaint may be withdrawn

by the petitioner at any time before the judicial council

acts.

RULE 19. MISCELLANEOUS

(A) Availability of other procedures. The

availability of the complaint procedure under these rules and 28

U.S.C. &#167372(c) will not preclude the chief judge of the circuit

or the judicial council from considering any information that may

come to their attention suggesting that a judge has engaged in

conduct prejudicial to the effective and expeditious

administration of the business of the courts or is unable to

discharge all the duties of office by reason of disability.

(B) Availability of rules and forms. These

rules will be available without charge in the Office of the

Clerk, United States Court of Appeals for the Fifth Circuit, 600

Camp Street, Room 102, New Orleans, LA 70130, and in each office

of the clerk of district courts and bankruptcy courts within this

circuit.

(C) Limitations on filing complaints.

Complainants who file repetitive, harassing, or frivolous

complaints, or who otherwise abuse the complaint procedures may

be restricted from filing further complaints. After affording an

opportunity to show cause why his or her ability to file judicial

misconduct complaints should not be limited, the presiding

officer of the Judicial Council may restrict or impose conditions

on an offending complainant's filing of further complaints. Upon

written request of the involved complainant, the Judicial Council

may revise or withdraw any restrictions or conditions imposed.

[Added January 1995]

(D) Effective date. These rules apply to

complaints filed on and after April 15, 1993.

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