The 11th Circuit Judicial Council now holds statutory investigatory jurisdiction.
Under Rule 26 of the Rules for Judicial-Conduct and Judicial-Disability Proceedings, Chief Justice John G. Roberts Jr. exercised statutory prerogative to transfer the complaint and special committee proceedings from the Federal Circuit to avoid the intra-circuit friction inherent in colleagues investigating an active colleague.
Stage 128 U.S.C. § 351 • Rule 5
Initiation & Chief Judge Identification
Formal complaint filed or identified sua sponte by the Chief Judge upon reasonable belief of mental/physical disability or misconduct.
Stage 228 U.S.C. § 353 • Rules 11–12
Appointment of Special Investigative Committee
Chief Judge appoints a special committee consisting of themselves and equal numbers of circuit and district judges to conduct extensive fact-finding.
Stage 3 (Current)JC&D Rule 26 • 28 U.S.C. § 331
Rule 26 Transfer by the Chief Justice
To prevent recusal impasses or local peer bias, the Chief Justice of the United States reassigns the complaint to another circuit council with full investigatory and subpoena powers.
Stage 428 U.S.C. § 354 • Rule 20
Judicial Council Adjudication & Statutory Sanctions
The council may order temporary case disqualification, request voluntary retirement, issue private/public censure, or certify permanent disability under 28 U.S.C. § 372.
Stage 528 U.S.C. § 355 • Committee on Conduct
Judicial Conference Review or Impeachment Referral
Final administrative review by the Judicial Conference of the United States; severe constitutional high crimes/misdemeanors are certified to the House of Representatives.
Permissible Judicial Council Remedies under 28 U.S.C. § 354(a)(2):
Temporary Case Suspension: Directing that on a temporary basis for a time certain, no further cases be assigned to the subject judge.
Private or Public Reprimand: Issuing public censure or private reprimand for non-compliance with statutory medical or fitness examinations.
Disability Retirement Certification (28 U.S.C. § 372): Certifying to the President that a judge is permanently disabled and unable to perform duties, allowing appointment of a successor while preserving life annuity.
Constitutional Limitation: Under Article III, Section 1, a judicial council has no power to remove an Article III judge from office; only Congress may impeach and remove.
Rule 26. Transfer to Another Judicial Council:
"The Chief Justice, on the recommendation of the Committee on Judicial Conduct and Disability or on the Chief Justice's own motion, may transfer a complaint or proceedings relating to a complaint to the judicial council of another circuit if the Chief Justice determines that the transfer is necessary for the impartial, prompt, or efficient administration of justice."
28 U.S.C. § 354(a)(1)(C):
"The judicial council of the circuit may conduct any additional investigation which it considers to be necessary... and may order that on a temporary basis for a time certain no further cases be assigned to the judge to whom the complaint concerns."
Historical Precedents of Rule 26 Transfers:
Judge Pauline Newman (Federal Circuit, 2023–2026): Following inquiries into cognitive speed and refusal to submit to court-selected neurological testing, the Federal Circuit Council suspended case assignments. Chief Justice Roberts subsequently reassigned further proceedings to the 11th Circuit to resolve procedural impasses and ensure independent review.
Judge Maryanne Trump Barry (3rd Circuit, 2019): Tax-related judicial misconduct complaints were transferred by Chief Justice Roberts to the 2nd Circuit Judicial Council before dismissal upon her senior-status retirement.
Judge Alex Kozinski (9th Circuit, 2017): Misconduct inquiries were transferred by the 9th Circuit Chief Judge to the 2nd Circuit Council prior to the judge's resignation.
Rule 26 Transfer selected. 11th Circuit Council designated for investigation.
Under Article III of the United States Constitution, federal judges hold their offices during "good Behaviour" with undiminished compensation. Because removal from office can only occur through congressional impeachment by the House and trial in the Senate, Congress enacted the Judicial Conduct and Disability Act of 1980 (codified at 28 U.S.C. §§ 351–364) to provide an administrative mechanism for handling allegations of misconduct or disabling physical or mental conditions.
1. The Mechanics of Rule 26 Transfers by the Chief Justice
When a complaint involves a judge whose close working relationship with colleagues on a small court creates an inescapable appearance of bias or intra-court conflict, Rule 26 of the Rules for Judicial-Conduct and Judicial-Disability Proceedings allows the Chief Justice of the United States to intervene.
The Chief Justice may act sua sponte or upon referral from the circuit's chief judge or the national Committee on Judicial Conduct and Disability. Once transferred, the receiving circuit council steps completely into the shoes of the originating circuit, wielding subpoena power, appointing special investigative committees, conducting medical evaluations, and determining whether sanctions or docket restrictions are warranted.
2. Disability vs. Misconduct: The 28 U.S.C. § 372 Framework
The statutory scheme strictly distinguishes between intentional ethical violations and involuntary cognitive or physical impairment:
Involuntary Disability (28 U.S.C. § 372): If a federal judge is unable to discharge efficiently all the duties of office by reason of permanent mental or physical disability, the President may appoint an additional judge with the advice and consent of the Senate, provided a majority of the circuit council certifies the disability.
Docket Restrictions under § 354: A judicial council cannot fire an Article III judge, but it can legally freeze a judge's docket or refuse new panel assignments indefinitely if the judge refuses to cooperate with reasonable medical inquiries or cannot manage chambers work.
The Impeachment Threshold (§ 355): If conduct might constitute one or more grounds for impeachment under Article II of the Constitution, the Judicial Conference must certify its determination to the Speaker of the House of Representatives.
3. Due Process Guarantees for Subject Judges
Throughout a Judicial Conduct inquiry, the subject judge retains statutory due process protections under Rule 16:
The right to be represented by counsel at all stages of special committee hearings.
The right to present written arguments, introduce expert medical witnesses, and cross-examine witnesses.
The opportunity to petition the national Committee on Judicial Conduct and Disability for review of any adverse council order.
