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Complaint Form (Against Judicial Officer) Form. This is a Official Federal Forms form and can be use in 2nd Circuit Court Of Appeals Circuit Court Of Appeals.
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COMPLAINT FORM
JUDICIAL COUNCIL OF THE SECOND CIRCUIT
COM PLAINT AGAINST JUDICIAL OFFICER UNDER 28 U.S.C. ยง 372(c)
INSTRUCTIONS:
(a)
All questions on this form must be answered.
(b)
A separate complaint form must be filled out for each judicial officer
complained against.
(c)
Submit the correct number of copies of this form and the statement of facts.
For a complaint against:
a court of appeals judge -- original and 3 copies
a district court judge or magistrate judge -- original and 4 copies
a bankruptcy judge -- original and 5 copies
(For further information see Rule 2(e)).
(d)
Service on the judicial officer will be made by the Clerk's Office. (For further
information See Rule 3(a)(1)).
(e)
Mail this form, the statement of facts and the appropriate number of copies to
the Clerk, United States Court of Appeals, Thurgood Marshall U.S.
Courthouse, 40 Foley Square, New York, NY 10007.
1.
Complainant's Name:
___________________________________
Address:
___________________________________
___________________________________
Daytime Telephone No. (include area code):
__________________
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2.
Judge or magistrate judge complained about:
2.
Name:
_______________________________________________
Court:
_______________________________________________
3.
Does this complaint concern the behavior of the judge or magistrate
judge in a particular lawsuit or lawsuits?
[
] Yes
[
] No
If "yes," give the following information about each lawsuit (use the
reverse side if there is more than one):
Court: ____________________________________________________
Docket number: ____________________________________________
Docket numbers of any appeals to the Second Circuit:
_______________________________________________________
Did a lawyer represent you?
[ ] Yes
[ ] No
If "yes" give the name, address, and telephone number of your lawyer:
4.
Have you previously filed any complaints of judicial misconduct or
disability against any judge or magistrate judge?
[ ] Yes
[ ] No
If "Yes," give the docket number of each complaint.
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5.
You should attach a statement of facts on which your complaint is
based, see rule 2(b), and
EITHER
(1)
check the box and sign the form. You do not need a notary public if
you check this box.
[ ] I declare under penalty of perjury that:
(i)
(2)
I have read rules 1 and 2 of the Rules of the Judicial Council of
the Second Circuit Governing Complaints of Judicial
Misconduct or Disability, and
The statements made in this complaint and attached statement of facts
are true and correct to the best of my knowledge.
(signature)
Executed on _______________________
(date)
OR
(2) check the box below and sign this form in the presence of a notary public;
[ ] I swear (affirm) that-(i)
I have read rules 1 and 2 of the Rules of the Judicial Council of
the Second Circuit Governing Complaints of Judicial
Misconduct or Disability, and
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(3)
The statements made in this complaint and attached statement of facts
are true and correct to the best of my knowledge.
(signature)
Executed on _______________________
(date)
Sworn and subscribed to before me
this ____ day of ________________200_.
__________________________________
(Notary Public)
My commission expires: ___________________
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