Disciplinary Rules: Disciplinary Rules: Almost every state and federal court provides a means of disciplining an attorney or judge for unprofessional conduct. This is usually done by the establishment of codes of professional conduct or of judicial conduct and of a means for an individual to file a form alleging a particular attorney or judge's breach of that code. In the larger states, there are usually special offices set up to receive and investigate these complaint forms. In the smaller states, such may have to be done by a formal filing with the court.
For example, Section 351 et seq of Title 28 of the United States Code provides a way for any person to complain about a federal judge or magistrate who the person believes "has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts" or "is unable to discharge all the duties of office by reason of mental or physical disability." It also permits the judicial councils of the circuits to adopt rules for the consideration of these complaints. Rules have been adopted under that authority. Complaints are filed with the clerk of the court of appeals on a form that has been developed for that purpose. Each complaint is referred first to the chief judge of the circuit, who decides whether the complaint raises an issue that should be investigated. (If the complaint is about the chief judge, another judge will make this decision.) The chief judge will dismiss a complaint if it does not properly raise a problem that is appropriate for consideration under section 351. The chief judge may also conclude the complaint proceeding if the problem has been corrected. If the complaint is not disposed of in either of these two ways, the chief judge will appoint a special committee to investigate the complaint. The special committee makes its report to the judicial council of the circuit, which decides what action, if any, should be taken. The judicial council is a body that consists of all the judges of the court of appeals in active service and three district judges. The rules provide, in some circumstances, for review of decisions of the chief judge or the judicial council.
To determine what procedure is followed in your state court or local federal court and to obtain the necessary forms, please contact the local administrative or disciplinary office. We have provided a list of these offices organized by state, territory, and federal court.
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