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CJA's Critique of the Breyer Committee Report
 

FEDERAL JUDICIARY'S
OWN INCRIMINATING EVIDENCE:

Its Rules, Statistics, Websites, & Publicly-Available Orders & Opinions


1.    Federal Judiciary's New Rules for Judicial Conduct and Judicial Disability Proceedings

Compare with Congressional Statute: 
The Judicial Conduct and Disability Act of 1980 (28 U.S.C. §§ 351-364)

2.    The Federal Judiciary's Own Annual Statistics, as Reported in Annual Reports:

Annual Report for 1991

Annual Report for 1992


Annual Report for 1993

Annual Report for 1994

Annual Report for 1995

Annual Report for 1996

Annual Report for 1997
679 complaints filed
482 complaints terminated (80% dismissed by Chief Circuit Judges as "merits-related")
212 petitions for review to Circuit Judicial Councils -- ALL dismissed

Annual Report for 1998   
1,051 complaints filed
1, 002 complaints terminated
(72% dismissed by Chief Circuit Judges as "merits-related")
256 petitions for review to Circuit Judicial Councils -- ALL dismissed
4 complaints investigated by special investigating committees -- resulting in 2 sanction orders & two dismissals by Circuit Judicial Councils
Judicial Conference Committee to Review Circuit Counsel Conduct & Disability Orders ruled on a district judge's 7 related petitions for review of a 5th Circuit Judicial Council order, following report of investigative committee, that publicly reprimanded judge for "intemperate, abusive and intimidating treatment of lawyers, fellow judges and others" & ordered that no new cases be assigned to him for one year and that he not participate for three years in certain defined cases involving certain listed judges.  It substantially affirmed but allowed for assignment of new cases if Council finds substantial improvement in district judge's behavior

Annual Report for 1999
781 complaints filed   
826 complaints terminated
(74% by Chief Circuit Judges as "merits-related")
416 petitions for review to Circuit Judicial Councils -- ALL dismissed (with an additional 2 withdrawn)
4 terminations by Circuit Judicial Councils after report of investigative committees: 2 dismissed & 2 withdrawn

Annual Report for 2000
696 complaints filed
715 complaints terminated
(74% by Chief Circuit Judges as "merits-related")
 354 petitions for review of Chief Circuit Judges' dismissals of complaints -- ALL dismissed
Circuit Judicial Council consolidating 2 reports of investigative committee reports -- resulting in single public censure 

Annual Report for 2001
766 complaints filed
668 complaints terminated
(65% by Chief Circuit Judges as "merits-related")
300 petitions for review of Chief Circuit Judges' dismissals of complaints -- ALL dismissed except 1 which was withdrawn
Of 5 complaints that were the subject of investigative committee reports: Circuit Judicial Council dismissed 4 complaints (single report?) and imposed one private censure  

Annual Report for 2002
657 complaints filed
780 complaints terminated
(62% by Chief Circuit Judges as "merits-related")
375 petitions for review of Chief Circuit Judges' dismissals of complaints -- ALL dismissed by Circuit Judicial Councils
Of 2 complaints that were the subject of of an investigative committee report, Circuit Judicial Council imposed single public censure

Annual Report for 2003
835 complaints filed
682 complaints terminated
(63% by Chief Circuit Judges as "merits-related")
317 petitions for review of Chief Circuit Judges' dismissals of complaints -- ALL dismissed by Circuit Judicial Councils
Judicial Council taking unspecified "action" on one complaint following a report by investigative committee

Annual Report for 2004
712 complaints filed
784 complaints terminated
(66% by Chief Circuit Judges as "merits-related")
333 petitions for review of Chief Circuit Judges' dismissals of complaints -- ALL dismissed by Circuit Judicial Councils
Judicial Councils dismissing 2 complaints following report of investigative committee

Annual Report for 2005
642 complaints filed
667 complaints terminated
(80% by Chief Circuit Judges as "merits-related")
262 petitions for review of Chief Circuit Judges' dismissals of complaints -- ALL dismissed by Circuit Judicial Councils
2nd Circuit Judicial Council dismissing 5 complaints, all arising from same matter, after finding that "appropriate sanctions and corrective action following report of special committee
This is the referred-to discipline (found on 2nd Circuit website):
04-08-05: Order Issued

Annual Report for 2006
643 complaints filed
619 complaints terminated
(72% by Chief Circuit judges as "merits-related")
220 petitions for review of Chief Circuit Judges' dismissals of complaints -- ALL dismissed by Circuit Judicial Councils
11th Circuit Judicial Council affirming disciplinary action of Chief Circuit Judge in seven complaints in a single matter, filed in 2nd Circuit and resulting in disciplinary action
This is part of the referred-to discipline (found on 2nd Circuit website):  07-26-06: Order Issued  07-26-06: Committee Report 

Annual Report for 2007
841 complaints filed
752 complaints terminated  (79% by Chief Circuit Judges as "merits-related")
340 petitions for review of Chief Circuit Judges' dismissals of complaints -- ALL dismissed by Circuit Judicial Councils, except for 1 which was withdrawn
Circuit Judicial Councils disposed of 3 complaints after report of investigative committee: 2 dismissed, 1 imposed discipline   

Annual Report for 2008
Changes in Reporting:
October 1, 2007-May 10, 2008:  491 complaints filed
552 (of complaints filed before May 11, 2008 were concluded before September 30, 2008)
(82% by Chief Circuit Judges as "merits-related)
264 petitions for review of Chief Circuit Judges' dismissals of complaints -- ALL dismissed by Circuit Judicial Councils, except for 1, which resulted in public censure;
Prior to May 11, 2008, two special investigating committees appointed: 7th & 10th Circuits

May 11, 2008-September 30, 2008, 672 complaints filed 
[complaint against multiple judges now counted once for each judge]
of these, 207 concluded: leaving 465 pending
Circuit Chief Judges dismissing 199, in whole or part (84% as "merits-related")
77 of these were the subject of petitions for review -- ALL dismissed by Circuit Judicial Councils
From May 11, 2008-September 30, 2008, two special investigative committees appointed: 2nd and 3rd Circuits

Annual Report for 2009

 

3.    The Federal Judiciary's Own Websites:

USCourts.Gov

First Circuit  -- Maine, Massachusetts, New Hampshire, Rhode Island, Puerto Rico

Second Circuit  -- Connecticut, New York, Vermont

Third Circuit -- Delaware, New Jersey, Pennsylvania, Virgin Islands

Fourth Circuit -- Maryland, North Carolina, South Carolina, Virginia, West Virginia

Fifth Circuit  -- Louisiana, Mississippi, Texas

Sixth Circuit -- Kentucky, Michigan, Ohio, Tennessee

Seventh Circuit -- Illinois, Indiana, Wisconsin

Eighth Circuit -- Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota

Ninth Circuit -- Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington

Tenth Circuit  (Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming

Eleventh Circuit -- Alabama, Florida, Georgia

United States Court of Appeals for the District of Columbia Circuit

United States Court of Appeals for the Federal Circuit

 

CJA's ADVOCACY
PERTAINING TO CRITIQUE
OF THE BREYER COMMITTEE REPORT:

Correspondence
with our Three Government Branches


Outreach-Academia

Outreach-Organizations

Outreach-Press
 

 

 

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