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Washington, DC 20005
202-357-6400
RULES FOR JUDICIAL-CONDUCT AND JUDICIAL-DISABILITY PROCEEDINGS IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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. Pursuant to Rule 40.3 of the Rules of the United States Court of Federal Claims, complaints may be filed against "any judge of the court who has:
- engaged in conduct prejudicial to the effective and expeditious administration of the business of the court; or
- is unable to discharge all duties of the office by reason of physical or mental disability."
Rule 40.3 specifies that such complaints are governed by the Rules for Judicial-Conduct and Judicial-Disability Proceedings. Below is a link to guidance that explains what may be complained about, where to file a complaint, and how the complaint will be processed. There is also a link to the form that you must use to complain about a judge of the United States Court of Federal Claims. Litigants wishing to complain about judges sitting in other federal or
state courts should contact those courts for more information about the complaint procedures in those courts.
Almost all complaints filed in this court in recent years have been dismissed because they do not follow the law regarding such complaints. The law says that many types of complaints are improper, and must be dismissed: 1) complaints about judges' decisions; 2) complaints with no evidence to support them, and 3) complaints against judges sitting on courts other than the United States Court of Federal Claims. If your complaint falls within any of these three categories, it will be dismissed.
If you are a litigant in a case before this court and believe the judge made a wrong decision--regarding either the facts of the case or the litigation procedure--you may not use the Rules for Judicial-Conduct and Judicial-Disability Proceedings to complain about the decision. An attorney can explain the rights you have as a litigant to seek review of a judicial decision.
For general guidance regarding procedures for filing complaints under the federal Judicial Conduct and Disability Act, please see www.uscourts.gov/RulesandPolicies/ConductAndDisability.aspx. For specific information regarding filing complaints in the U.S. Court of Federal Claims, see below.