Complaint Of Judicial Misconduct And Disability

Judicial Council of the Ninth Circuit COMPLAINT OF JUDICIAL MISCONDUCT OR DISABILITY To begin the complaint process, complete this form and prepare the brief statement of facts described in item 5 (below). The RULES FOR JUDICIAL-CONDUCT AND JUDICIAL-DISABILITY PROCEEDINGS, adopted by the Judicial Conference of the United States, contain information on what to include in a complaint (Rule 6), where to file a complaint (Rule 7), and other important matters. The Ninth Circuit Judicial Council also adopted local misconduct rules. The rules are available in federal court clerks' offices, on individual federal courts' Web sites, and on www.uscourts.gov, and www.ce9.uscourts.gov/misconduct/judicial_misconduct.html. Your complaint (this form and the statement of facts) should be typewritten and must be legible. Under the Ninth Circuit's local misconduct rules, you are required to file five copies of your misconduct complaint and exhibits, plus one copy for each additional judge if more than one subject judge is named in your complaint. Enclose your complaint in an envelope marked "COMPLAINT OF MISCONDUCT" or "COMPLAINT OF DISABILITY" and submit it to the appropriate clerk of court. Do not put the name of any judge on the envelope. 1. Name of Complainant: Contact Address: Daytime telephone: ( ) 2. Name(s) of Judge(s): Court: 3. Does this complaint concern the behavior of the judge(s) in a particular lawsuit or lawsuits? [ ] Yes [ ] No If "yes," give the following information about each lawsuit: Court: Case Number: Docket number of any appeal to the Circuit: ___________________ Are (were) you a party or lawyer in the lawsuit? [ ] Party [ ] Lawyer [ ] Neither Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com If you are (were) a party and have (had) a lawyer, give the lawyer's name, address, and telephone number: 4. Have you filed any lawsuits against the judge? [ ] Yes [ ] No If "yes," give the following information about each such lawsuit: Court: Case Number: Present status of lawsuit: Name, address, and telephone number of your lawyer for the lawsuit against the judge: Court to which any appeal has been taken in the lawsuit against the judge: Docket number of the appeal: Present status of the appeal: 5. Brief Statement of Facts. Attach a brief statement of the specific facts on which the claim of judicial misconduct or disability is based. Include what happened, when and where it happened, and any information that would help an investigator check the facts. If the complaint alleges judicial disability, also include any additional facts that form the basis of that allegation. Local Rule 6.1(b) provides that your statement of facts must not be longer than five pages (five sides), or 1,200 words, whichever is less. You must provide objectively verifiable proof such as the names of witnesses or recorded documents or transcripts to support your allegations. Adverse rulings do not support misconduct allegations, as the appropriate forum for an argument that a judge erred is the appellate court. Thus, you need not include copies of your filings in the underlying case or the judge's orders because even if a review of those documents is necessary, the documents are accessible via PACER. Excess or irrelevant documentation will be returned to the complainant. Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com 6. Acknowledgment, declaration and signature: In the space provided below, please write the following statement: "I understand that even if I successfully prove that the judge engaged in misconduct or is disabled, this procedure cannot change the outcome of my underlying case." (If this statement is not written, your complaint will not be processed and will be returned to you.) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ I declare under penalty of perjury that the statements made in this complaint are true and correct to the best of my knowledge. (Signature)__________________________________ (Date)__________________ Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com