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Comparison definition. In Hastings v. Judicial Conference of the United States, 770 F.2d 1093 (D.C.Cir.1985), cert. denied, --- U.S. ----, 106 S.Ct. 3272, 91 L.Ed.2d 562 (1986), the court considered whether a United States District Court judge should be allowed to challenge the facial constitutionality of the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980, 28 U.S.C. Secs. 331-332, 372, 604 (1982), which establishes an elaborate mechanism by which federal judges may be investigated and disciplined by their fellow judges for 'conduct prejudicial to the effective and expeditious administration of the business of the courts.' Id. Sec. 371(c)(1). In Hastings, the court held that it should postpone review of the constitutional question until the procedures outlined in the statute had actually been applied to Judge Hastings. It reasoned that courts were ill-equipped to pass judgment on the facial validity of the statute without better knowledge of the precise nature of the powers to be exercised by the judicial tribunals under the statutory scheme. The court thus assumed that exhaustion of the statutory procedures would refine the constitutional issues for subsequent judicial review. 770 F.2d at 1099-1101.


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