Will Flynn file a complaint under Judicial Conduct and Disability Act 28 USC 351 (a) against Judge Emmet Sullivan, who refuses to sign a dismissal requested by the prosecution and bringing a biased third party without standing to argue against the dismissal
Posted on | May 14, 2020 | No Comments
The Judicial Conduct and Disability Act allows “[a]ny person alleging that a judge has engaged in
conduct prejudicial to the effective and expeditious administration of the business of the courts” to file
a complaint against the judge. See 28 U.S.C. § 351(a). To implement that Act, as amended, the Judicial
Conference of the United States promulgated the Rules For Judicial-Conduct and Judicial-Disability
Proceedings. Rule 3(h) defines “cognizable misconduct” as including “conduct prejudicial to the effective
and expeditious administration of the business of the courts” and “conduct occurring outside the
performance of official duties if the conduct might have a prejudicial effect on the administration of the
business of the courts, including a substantial and widespread lowering of public confidence in the
courts among reasonable people.”
Judicial Conduct & Disability
Under the Judicial Conduct and Disability Act and the Rules for Judicial-Conduct and Judicial-Disability Proceedings, anyone can file a complaint alleging a federal judge has committed misconduct or has a disability.
The Judicial Conduct and Disability Act of 1980, 28 U.S.C. §§ 351-364(link is external) establishes a process by which any person can file a complaint alleging a federal judge has engaged in “conduct prejudicial to the effective and expeditious administration of the business of the courts” or has become, by reason of a mental or physical disability, “unable to discharge all the duties” of the judicial office.
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