CODE Of PROfESSIONAL RESPONSIBILITY FEDERAL JUDICIARY DISCIPLINE The Judicial Councils Reform and Judicial Conduct and Liability Act of 1980 was signed into law by the President on October 15, 1980 (P.L. 96-458). Effective 1, 1981, a new mechanism for dealing with judicial misconduct and disability in the federal judiciary will be in force. Also, the current judicial councils will be revised to include federal district court judges; and the roles of the circuit chief judges, the current councils, and the Judicial Conference of the United States concerning procedures on misconduct and disability complaints are clarified. The new law gives the judicial councils the power to discipline-but not to remove-federal judges for misconduct. It represents a compromise between those who wanted a special court to decide misconduct and disability cases, and those who wished to let each circuit decide what to do about misconduct cases. As outlined in the Judicial Conduct Reporter, Fall 1980, of the American Judicature Society, the new law provides:
• Any person can submit to the clerk of the circuit court a complaint charging that a judge is disabled or "has engaged in conduct that is prejudicial to the effective and expeditious administration of the business of the courts." • The chief judge can dismiss the complaint at this stage if it is frivolous, if it is not a charge of misconduct or disability, or if it is "directly related to the merits of a decision or a procedural ruling." But he must explain such decisions in writing. • Otherwise, the chief judge appoints a special committee, which includes the chief judge and an equal number of circuit and district judges, to investigate the complaint and present its findings and recommendations to the circuit council. • The council may certify that a judge is disabled, thus subjecting him to the disability procedure already enacted (28 U.S.C. 372 (b)); it may request the judge to "voluntarily resign," in which case the judge will receive retirement benefits, no matter how long he or she has served; it may lift the judge's caseload for a specific period: or it may issue a private or public censure or reprimand. • "[I]n no circumstances may the council order removal from office of any judge appointed to hold office during good behavior." • Finally, the Judicial Conference of the U.S. will decide any complaint which the circuit councils consider a basis for impeachment or any complaint the councils cannot resolve. The chief justice can appoint a standing committee to help the conference in these matters. 86/Arkansas Lawyer/April 1981
Procedures. The new law covers circuit judges, district judges, bankruptcy judges and magistrates, and judges of the special federal courts in Washington. It will protect both the complainant and judge through several features: • A judge must be given notice of the investigation and an opportunity to appear before the investigating panel, to present evidence, to compel witnesses to appear, and to cross-examine witnesses.
• A complainant may appear if he or she "could offer substantial information" to the panel. • All proceedings remain confidential unless the judge is impeached or unless he or she authorizes disciosure. • Each order that the councilor the conference issues must be "made available to the public." • A complainant or a judge can petition the councilor the conference to review earlier action. Finally, the law requires the director of the Administrative Office of the U.S. Courts to list in his annual report the number of complaints filed, their general nature, and the outcomes. FEDERAL PROSECUTION PRINCIPLES PUBLISHED The Department of Justice is issuing to all federal criminal lawyers a statement of principles of federal prosecution to promote the reasoned exercise of prosecutorial authority and contribute to the fair administration of the criminal laws. The 56-page publication will provide for the first time in a single source, federal prosecutors with a statement of prosecutorial policies and practices for particularly important areas of their work. Attomey General Benjamin R. Civiletti, in announcing the principles, said they will serve the important purpose of "ensuring the fair and effective exercise of prosecutorial responsibility and promoting confidence on the part of the public and individual defendants that prosecutorial decisions will be made rationally and objectively on the merits of each case." The principles contain statements in initiating or declining prosecutions; selecting charges; entering into plea agreements; opposing nolo contendere pleas; entering into nonprosecution agreements in return for cooperation; and participating in the sentencing process. The principles also set forth statements of department policy; general considerations to be taken into account in reaching decisions; and suggested or required practices concerning such matters as the level at which decisions are made, review decisions, and documentation of decisions. Copies are available from the Office of Public Affairs, U.S. Department of Justice, Washington, D.C. 20530. ' "