Statement of Allegations and Reasons inChief Judge Dismissal Orders Under theJudicial Conduct and Disability Act of 1980

Abstract

The Judicial Conduct and Disability Act of 1980 authorizes a chief judge to dismiss a complaint “by written order, stating his reasons” if the chief judge finds thecomplaint to be “(i) not in conformity with [the statute], (ii) directly related to the merits of a decision or procedural ruling, or (iii) frivolous.”3 In the Center’s1993 study of the administration of the Act, researchers asked whether chief judges stated nonconclusory reasons in their dismissal order. We reported mixedresults. Of eight circuits studied, we found that four “have a long and solid record of providing full and generous reasons for dismissal, one has a spotty record, andthree have long-standing practices of issuing conclusory form orders to dispose ofinsubstantial complaints.”