As counsel in a hotly contested case, you suspect that the presiding federal judge has engaged in judicial misconduct. What are your options? Should you overlook the alleged misconduct for fear of incurring the judge’s wrath and perhaps prejudicing your case? Is there a formal procedure for filing a complaint of judicial misconduct?
Many in-house counsel and practitioners alike are unfamiliar with the provisions of 28 U.S.C. �351 et seq., and the Rules Governing Complaints of Judicial Misconduct and Disability adopted by each of the federal circuits, which govern the handling of complaints of judicial misconduct or disability.
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