Local Rule 5004-1: CLAIMS OF JUDICIAL MISCONDUCT OR DISABILITY

5004-1 CLAIMS OF JUDICIAL MISCONDUCT OR DISABILITY To improve the administration of justice in the federal courts, Congress passed the Judicial Conduct and Disability Act of 1980, codified at 28 U.S.C. § 372(c). The law authorizes complaints against United States circuit, district, bankruptcy, and magistrate judges who have "engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts" or who are "unable to discharge all the duties of office by reason of mental or physical disability." The conduct to which the law is addressed does not include making wrong judicial decisions, for the law provides that a complaint may be dismissed if it is "directly related to the merits of a decision or procedural ruling."

The Judicial Council of the Fifth Circuit has adopted Rules Governing Complaints of Judicial Misconduct or Disability. These rules apply to judges of the U.S. Court of Appeals for the Fifth Circuit and to the district, bankruptcy, and magistrate judges of federal courts within the Fifth Circuit. The circuit includes the states of Texas, Louisiana, and Mississippi. These rules may be obtained from, and written complaints filed at, the following office:

Clerk U.S. Court of Appeals, Fifth Circuit F. Edward Hebert Building 600 Maestri Place New Orleans, Louisiana 70130