Code of Judicial Conduct

Forty-seven states and the District of Columbia have adopted the code in whole or in part. Montana, Rhode Island, and Wisconsin have not adopted it, but each has fashioned its own set of regulations based largely on the code. The JUDICIAL CONFERENCE OF THE UNITED STATES adopted the Code of Judicial Conduct in 1973, thus subjecting federal judges to its rules.

In 1980, Congress enacted the Judicial Councils Reform and Judicial Conduct and Disability Act (28 U.S.C.A. §§ 331, 332, 372, 604 [1982]). This act authorized each of the 13 federal circuits to establish a judicial council to review complaints against federal judges. The judicial council, comprising judges, was also authorized to order sanctions for violations of the Code of Judicial Conduct.

When the judicial council of a federal circuit receives a complaint of judicial misconduct, the chief judge of the circuit court of appeals conducts an initial review of the complaint. The chief judge may dismiss the complaint as baseless. If the chief judge finds that the complaint has merit, she or he assembles a special committee, which makes findings and refers the complaint to the entire judicial council. If the council finds that the judge in question has violated the Code of Judicial Conduct, it may suspend the judge from office, or it may publicly or privately reprimand the judge.

The aggrieved judge may appeal the judicial council's order to a review committee known as the U.S. Judicial Conference Committee to Review Circuit Council Conduct and Disability Orders. The decision of this committee is final and may not be appealed. Every state maintains a similar process to govern its state court judges.

A federal circuit judicial council may not remove a judge on its own. If removal is considered by the judicial council, the matter is referred to the Judicial Conference of the U.S. Courts. If the Judicial Conference finds cause for removal, it refers the matter to the U.S. House of Representatives, which holds hearings on the proposed removal.

Enforcement of the Code of Judicial Conduct is considered a matter of public concern. In In re Complaints of Judicial Misconduct, 9 F.3d 1562 (U.S. Jud. Conf. 1993), the U.S. Judicial Conference Committee to Review Circuit Council Conduct and Disability Orders held that a proceeding on a complaint of judicial miscon-duct or disability need not satisfy the standing requirements necessary in most judicial proceedings. (Standing is the doctrine that the person seeking relief of the court must be the person aggrieved by the alleged conduct.) Essentially, the committee's holding meant that any person may lodge a complaint of judicial misconduct against a judge, with the appropriate JUDICIAL REVIEW council.