Judicial Councils Reform and Judicial Conduct and Disability Act of 1980
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| Other short titles | Judicial Conduct and Disability Act of 1980 |
|---|---|
| Long title | An act to revise the composition of the judicial councils of the Federal judicial circuits, to establish a procedure for the processing of complaints against Federal judges, and for other purposes. |
| Enacted by | the 96th United States Congress |
| Citations | |
| Public law | Pub. L. 96–458 |
| Statutes at Large | 94 Stat. 2035 |
| Codification | |
| Titles amended | 28 U.S.C.: Judiciary and Judicial Procedure |
| Legislative history | |
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The Judicial Councils Reform and Judicial Conduct and Disability Act of 1980, Pub. L. 96–458, 94 Stat. 2035, also known as the Judicial Conduct and Disability Act of 1980, is a United States federal law concerning misconduct and disability on the part of article III judges. It was signed into law by President Jimmy Carter on October 15, 1980.[1] Congress enacted this statute to facilitate the discipline of judges for misconduct or disability that does not rise to the level of an impeachable offense.[2] The statute allows an individual to file a complaint against a federal judge if they believe that the judge has engaged in conduct "prejudicial to the effective and expeditious administration of the business of the courts", or that the judge's mental faculties have declined such that they are now "unable to discharge all the duties" required of their office.[3][4] The Act delegates primary responsibility for adjudicating complaints to the judicial councils of the United States courts of appeals, beginning with the submission of a complaint to the clerk for the corresponding circuit court of appeals.[5] It does not apply to the justices of the Supreme Court of the United States.[6]
References[edit]
- ^ Carter, Jimmy (1980-10-15). "Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 Statement on Signing S. 1873 Into Law". The American Presidency Project. Retrieved 2024-02-18.
- ^ Campbell, Donald (2009-01-01). "Should the Rooster Guard the Henhouse: A Critical Analysis of the Judicial Conduct and Disability Act of 1980". Journal Articles.
- ^ "An Examination of the Judicial Conduct and Disability System". Brookings Institution. Retrieved 2024-02-18.
- ^ "Judicial Conduct & Disability". United States Courts. Retrieved 2024-02-18.
- ^ Burbank, Stephen (1982-12-01). "Procedural Rulemaking Under the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980". University of Pennsylvania Law Review.
- ^ Frost, Amanda (2013-01-01). "Judicial Ethics and Supreme Court Exceptionalism". Georgetown Journal of Legal Ethics. 26 (3).
The Act applies to circuit judges, district court judges, bankruptcy judges, and magistrate judges, but not Supreme Court Justices.
Further reading[edit]
- Barr, Jeffrey; Willging, Thomas (1993-11-01). "Decentralized Self-Regulation, Accountability, and Judicial Independence under the Federal Judicial Conduct and Disability Act of 1980". University of Pennsylvania Law Review. 142 (1): 25.
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