Complaints Against Judges

(a) In General. A written complaint may be filed with the clerk against any judge of the court who has: (1) engaged in conduct prejudicial to the effective and expeditious administration of the business of the court; or (2) is unable to discharge all duties of the office by reason of mental or physical disability. and (b) Rules Governing Complaints. A copy of the applicable rules, titled “Rules for Judicial- Judicial-Disability Conduct Proceedings,” is available on the court’s website at www.uscfc.uscourts.gov or may be obtained by contacting the Office of the Clerk of the United States Court of Federal Claims, Place, NW, Washington, DC 20439. 717 Madison (As revised and reissued May 1, 2002; as amended Aug. 1, 2004, Apr. 10, 2008, Nov. 3, 2008.) 63 RCFC 40.3 Rules Committee Notes 2002 Revision rule RCFC 40.3 has no FRCP counterpart. However, the notice provided by the rule is in accordance with the recommendations of the Judicial Conference of the United States, urging that such notice be made part of the court’s rules. The former Appendix B (“Procedures for Processing Complaints of Judicial Misconduct”) and its supplementing order, General Order No. 34 dated June 3, 1993. Inclusion of the rule as a subpart of RCFC 40 is coherent further intended organizational structure of the court’s rules. a more replaces to 2004 Amendment Pursuant to the Judicial Improvements Act of 2002, Pub. L. No. 107-203, 116 Stat. 1758, the statutory directive requiring the court’s issuance of rules for the filing of complaints of judicial misconduct, originally set forth in the Judicial Conduct and Disability Act of 1980, 28 U.S.C. § 372(c)(1)–(18), was amended and recodified as 28 U.S.C. §§ 351–364. This change is reflected in the 2004 amendment to RCFC 40.3 in the opening sentence of subdivision (a) by the deletion of the former statutory reference and the substitution of the new statutory reference. Additionally, the rule has been amended to include notice of the availability on the court’s website of the Rules of the United States Court of Federal Claims Governing Complaints of Judicial Misconduct and Disability. 2008 Amendments and procedures RCFC 40.3(b) has been amended to reflect the change in the title of the rules establishing standards addressing complaints against judges, as revised and promulgated by the Judicial Conference of the United States pursuant to 28 U.S.C. §§ 351–364 on March 11, 2008. for The language of RCFC 40.3 has been amended to conform to the general restyling of the FRCP.