4. If the chief judge does not reject a claim and

is unable to assure himself that appropriate action has been taken, he shall so certify to the council, and shall refer the complaint to a committee consisting of himself and an equal number of circuit and district judges, appointed by him to consider the complaint.

5. If the chief judge refers a complaint to a committee, the committee shall inform the judge complained against and conduct such inquiry as the committee considers appropriate. As a part of said inquiry the judge complained against shall be afforded an opportunity to respond to the complaint either in writing or by a personal appearance before the committee, with counsel if desired, or both in writing and by personal appearance. Upon completion of its inquiry, the committee shall submit a report with recommendations to the circuit council and to the judge complained against, setting forth the administrative action that it feels would be appropriate under the circumstances. All papers received by, and proceedings and reports of, the committee shall remain confidential.

6. The council shall take such action upon the recommendation of the committee as the council deems appropriate for the effective and expeditious administration of the business of the courts within its circuit; however, the council shall take no action other than rejecting or closing a complaint without first affording the judge complained against an opportunity to be heard and to present evidence on his behalf.

7. The council may, in its discretion, refer a complaint and its recommended action to the Judicial Conference of the United States.

8. 16 the council concludes that grounds for impeachment may exist, the record upon which this conclusion is based shall be referred to the Judicial Conference of the United States.

9. The council shall advise the judge complained

against of the disposition and the action taken. The council shall also notify the complainant in a manner it deems appropriate about the disposition of the complaint.

10. Where a judge complained against is the chief judge of the circuit, the complaint shall be referred to the next most senior judge in active service on the Court of Appeals, who shall proceed according to paragraphs 2, 3 and 4 above.

11. A copy of these procedures shall be filed in the office of the clerk of the Court of Appeals and the clerks of each of the district courts of the Ninth Circuit.

(d)

RESOLUTION I

1. The Judicial Conference of the United States expresses its approval of the following principles to be reflected in any legislation dealing with procedures for inquiries into the conduct of Federal judges:

(a) Removal of an Article III judge from office by any
method other than impeachment as provided in Article I
of the Constitution would raise grave constitutional
questions which should be avoided.

(b) The primary responsibility for dealing with a complaint against a United States judge should rest initially with the chief judge of the circuit as presiding judge of the Judicial Council, who may dismiss the complaint if it is frivolous or relates to the merits of a decision or procedural ruling, or may close the complaint after assuring himself that appropriate corrective action has been taken.

(c) Any complaint not dismissed or closed by the presiding
judge should be referred to a committee appointed by the
presiding judge, consisting of an equal number of circuit
and district judges and the presiding judge.

(d) The joint committee should report its findings and
recommendations to the Judicial Council, which should take
such action as is appropriate to assure the effective and
expeditious administration of the business of the courts
within the circuit.

(e) The Judicial Council may, in its discretion, refer
a complaint and the Council's recommended action to the
Judicial Conference of the United States.

(f) If the Judicial Council concludes that grounds for
impeachment may exist, it should transmit the record upon
which its conclusion is based to the Judicial Conference
of the United States; the Judicial Conference shall then
determine whether, in all the circumstances, the matter
should be referred to the House of Representatives.

RESOLUTION I (continued)

2. The Judicial Conference recommends that the Judicial Councils of the several circuits, at their earliest opportunity, consider the formulation and promulgation of rules of procedure for the receipt and processing of complaints against judges in accordance with the principles expressed in paragraph 1; such rules and regulations should be announced in such manner as to assure that the public and the bar will be informed.

3. The Chairman of the Court Administration Committee and the members of the Executive Committee of the Conference are directed (1) to review and revise, in accordance with the principles stated in paragraph 1, the Court Administration Committee's proposed amendments to 28 U.S.C. § 332, and (2) to transmit the revised proposed amendments to all members of the Conference for their approval. Following approval by the Conference, the Chairman of the Court Administration Committee, if called upon by the Congress to testify upon pending legislation, is authorized to inform the Congress that, if legislative action is to be taken, the Conference recommends amendments to 28 U.S.C. § 332 as approved by the Conference in accordance with this paragraph.

4. All previous Judicial Conference resolutions or comments upon legislation dealing with the conduct of Federal judges are superseded by this resolution.

(e)

RESOLUTION II

The Judicial Conference of the United States expresses its approval of the following principles to be reflected in any legislation dealing with the membership of the Judicial Councils of the circuits:

Any Judicial Council having less than six circuit judges

as members shall have, as members, not less than two district
judges in regular active service.

Any Circuit Council having six or more circuit judges as
members shall have, as members, not less than three district
judges in regular active service.

The number of district judge members of a Judicial Council,
fixed in accordance with the above principles, shall be fixed
by majority vote of the active circuit judges of the Council.
District judges shall serve as members of a Judicial Council
in the order of their seniority, for terms of three years.
No more than one district judge from any one district shall
serve simultaneously on the Circuit Council, unless there
is already a representative on the Council from each district
in the circuit.