PRIA, Government Policy, Made Personal

Summary

The United States Tax Court must have rules for handling complaints about the conduct of its judges and special trial judges, using procedures consistent with the misconduct rules that apply to other federal judges. When investigating a complaint, the Tax Court has the same powers a judicial council has in the regular federal court system. Serious cases can be referred to the Judicial Conference of the United States, and decisions are judged against the grounds for removing a Tax Court judge from office. If removal is on the table, the Judicial Conference sends the matter to the President, who decides whether to remove the judge. The court can pay witness fees and reimburse reasonable expenses out of its appropriated funds during these proceedings.

Title 26, §7466

Internal Revenue Code, Source: USLM XML via OLRC

(a)The Tax Court shall prescribe rules, consistent with the provisions of chapter 16 of title 28, United States Code, establishing procedures for the filing of complaints with respect to the conduct of any judge or special trial judge of the Tax Court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any such complaint, the Tax Court shall have the powers granted to a judicial council under such chapter.

(b)The provisions of section 354(b) through 360 of title 28, United States Code, regarding referral or certification to, and petition for review in the Judicial Conference of the United States, and action thereon, shall apply to the exercise by the Tax Court of the powers of a judicial council under subsection (a). The determination pursuant to section 354(b) or 355 of title 28, United States Code, shall be made based on the grounds for removal of a judge from office under section 7443(f), and certification and transmittal by the Conference of any complaint shall be made to the President for consideration under section 7443(f).

(c)(1)In conducting hearings pursuant to subsection (a), the Tax Court may exercise the authority provided under section 1821 of title 28, United States Code, to pay the fees and allowances described in that section.

(2)The Tax Court shall have the power provided under section 361 of such title 28 to award reimbursement for the reasonable expenses described in that section. Reimbursements under this paragraph shall be made out of any funds appropriated for purposes of the Tax Court.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 114–113, div. Q, title IV, § 431(c), Dec. 18, 2015, 129 Stat. 3125, provided that: “The

Amendments

made by this section [enacting this section] shall apply to proceedings commenced after the date which is 180 days after the date of the enactment of this Act [Dec. 18, 2015] and, to the extent just and practicable, all proceedings pending on such date.”

§7466 Judicial Conduct and Disability Procedures