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Guidelines for Judicial Misconduct or Disability Complaints
Congress has created a procedure that permits any person to file a complaint in the courts about the behavior of federal judges—but not about the decisions federal judges make in deciding cases. The Judicial-Conduct Rules explain what may be complained about, who may be complained about, where to file a complaint, and how the complaint will be processed.
You must comply with both the general rules and our local rules, or we may reject your complaint without considering your arguments.
Almost all complaints in recent years have been dismissed because they do not follow the law. The law says that complaints about judges’ decisions, and complaints with no evidence to support them, must be dismissed. If you are a litigant in a case and believe the judge made a wrong decision—even a very wrong decision—you may not use this procedure to complain about the decision. An attorney can explain the rights you have as a litigant to seek review of a judicial decision.
In addition to the general and local rules, please note the following to avoid the rejection or summary dismissal of your complaint:
• You should use the Ninth Circuit complaint form and must identify all subject judge(s) on the first page of your complaint. Ninth Circuit Local Rule 6.1(a)
• You must submit a statement of facts in support of your claims that is no longer than five standard 8.5x11 inch, single-sided, double-spaced pages. If typed, the font must be at least 12-point. Ninth Circuit Local Rule 6.1(b)(1), (2)
• You must provide concrete proof to support your claims of misconduct. For example, we will dismiss your complaint if you try to argue that a judge was biased or disabled, but the only evidence you provide is the ruling against you or your guess about what went on in the judge’s mind. No. 08-90172 In re Complaint of Judicial Misconduct, 569 F.3d 1093, 1093 (9th Cir. Jud. Council 2009)
• You may not request that the Chief Judge or Judicial Council take action in an underlying case. The Judicial Council only has power over administrative matters and is not a court. For example, you cannot use this misconduct procedure to request that the Chief Judge or the Judicial Council vacate an underlying order, force a judge to recuse himself, award damages, or grant any kind of relief that you would ask for from a court. No. 08-90066+ In re Complaint of Judicial Misconduct, 567 F.3d 429 (9th Cir. Jud. Council 2009)
• Just because you file a misconduct complaint, a judge need not recuse or stay your case, nor will a new judge be assigned to your underlying case. No. 08-90026 In re Complaint of Judicial Misconduct, 583 F.3d 599 (9th Cir. Jud. Council 2009)
• You can only file a misconduct complaint against federal judges. You cannot use this procedure to complain about court staff, opposing parties, or opposing counsel. No. 08-90066+ In re Complaint of Judicial Misconduct, 567 F.3d 429 (9th Cir. Jud. Council 2009)
• You may be restricted from filing further misconduct complaints if you abuse this procedure. No. 07-89142 In re Complaint of Judicial Misconduct, 552 F.3d 1146 (9th Cir. Jud. Council 2009)
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