What Is the Judicial Conduct & Disability Act?

Equal Justice

The Judicial Conduct and Disability Act was signed into law by Jimmy Carter on October 1, 1980. Under this Act, any individual can file a complaint against any federal judge whose court room behavior proves to be unethical.

Purpose of Act

The Judicial Conduct and Disability Act allows allegations to be filed against judges if they are unfit to serve because of either a mental or physical disability.

Path of the Complaint

The complaint goes to the clerk of the circuit in which the accused judge sits. From the clerk, the complaint goes to the presiding judge of the circuit's Court of Appeals.

What Happens Next

The presiding judge reviews the complaint and may make an inquiry before making a decision.

And Then

The presiding judge may either dismiss the complaint, end the process if disciplinary measures have been taken or form a committee to investigate the matter further.

Grounds for Dismissal of a Complaint

A complaint may be dismissed if it is based on a ruling made in the court. It may also be dismissed if there is a lack of evidence supporting the complaint or if disciplinary action has already taken place.

Appeal

The individual who filed the complaint may want to appeal to the circuit judicial council if the complaint had been dismissed.

References

• Judicial Conduct and Disability Act Introduction
• The Signing of the Judicial Conduct and Disability Act
• Judicial Conduct and Disability Act