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Employee Rights and How to Report Wrongful Conduct

YOUR EMPLOYEE RIGHTS

Employee Dispute Resolution Plan
The Federal Judiciary is committed to a workplace of respect, civility, fairness, tolerance, and dignity, free of discrimination and harassment.  These values are essential to the Judiciary, which holds its Judges and Employees to the highest standards.  All Judges and Employees are expected to treat each other accordingly.

This Plan provides options for the reporting and resolution of allegations of wrongful conduct (discrimination, sexual, racial, or other discriminatory harassment, abusive conduct, and retaliation) in the workplace.  Early action is the best way to maintain a safe work environment.  All Judges, Employing Offices, and Employees have a responsibility to promote workplace civility, prevent harassment or abusive conduct, and to take appropriate action upon receipt of reliable information indicating a likelihood of wrongful conduct under this Plan.  See Code of Conduct for Judicial Employees, Canon 3(C).

This Plan applies to all Judges, current and former Employees (including all law clerks; chambers employees; paid and unpaid interns, externs, and other volunteers; federal public defender employees; and probation and pretrial services employees), and applicants for employment who have been interviewed.  The following persons cannot seek relief under this Plan:  Judges, applicants for judicial appointment, Criminal Justice Act panel attorneys and applicants, investigators and service providers, community defender employees, volunteer mediato rs, and any other non-Employees not specified above.  See Appendix 1 of the Plan for full definitions of Judges and Employees.

Contact Information for EDR Coordinators and Personnel:

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COMPLAINTS OF JUDICIAL MISCONDUCT

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. Below is a link to the rules that explain what may be complained about, who may be complained about, where to file a complaint, and how the complaint will be processed. There is also a link to the form you may use.

If you believe that a Bankruptcy Judge of the U.S. Bankruptcy Court for the District of Connecticut committed misconduct or has a disability, you may file a complaint about it with the Office of the Circuit Executive.

The law says that complaints about judges' decisions and complaints with no evidence to support them must be dismissed. If you are a litigant in a case and believe the judge made a wrong decision – even a very wrong decision – you may not use this procedure to complain about the decision. An attorney can explain the rights you have as a litigant to seek review of a judicial decision.

Judicial Conduct & Disability Act 28 U.S.C. Chapter 16, §§ 351–364 - This link brings you to the U.S. Courts website and includes information regarding the Judicial Conduct & Disability Act and the Rules for Judicial Conduct and Judicial-Disability Proceedings.
Rules for Judicial Conduct and Judicial-Disability Proceedings (pdf)
Judicial Conduct and Disability Complaint Form (National)
Court of Appeals for Second Circuit Local Instructions and Form
FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge