---
kind: "section"
citation: "28 U.S.C. § 351"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "351"
heading: "Complaints; judge defined"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/351"
units:
  - "Part I — Organization of Courts"
  - "Chapter 16 — Complaints Against Judges and Judicial Discipline"
---

# §351. Complaints; judge defined

- (a) **Filing of Complaint by Any Person.—** Any person alleging that a [judge](#d-1) has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such [judge](#d-1) is unable to discharge all the duties of office by reason of mental or physical disability, may file with the clerk of the court of appeals for the circuit a written complaint containing a brief statement of the facts constituting such conduct.
- (b) **Identifying Complaint by Chief Judge.—** In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the [chief judge](#c) of the circuit, the [chief judge](#c) may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint.
- (c) **Transmittal of Complaint.—** Upon receipt of a complaint filed under [subsection (a)](#a), the clerk shall promptly transmit the complaint to the chief judge of the circuit, or, if the conduct complained of is that of the chief judge, to that circuit [judge](#d-1) in regular active service next senior in date of commission (hereafter, for purposes of this chapter only, included in the term “chief judge”). The clerk shall simultaneously transmit a copy of the complaint to the [judge](#d-1) whose conduct is the subject of the complaint. The clerk shall also transmit a copy of any complaint identified under [subsection (b)](#b) to the [judge](#d-1) whose conduct is the subject of the complaint.
- (d) **Definitions.—** In this chapter—
  - (1) the term “judge” means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and
  - (2) the term “complainant” means the person filing a complaint under [subsection (a)](#a) of this section.

## Source credit

(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1848.)

## Notes

### Statutory Notes and Related Subsidiaries

### Severability

Pub. L. 107–273, div. C, title I, § 11044, Nov. 2, 2002, 116 Stat. 1856, provided that: “If any provision of this subtitle [subtitle C (§§ 11041–11044) of title I of div. C of Pub. L. 107–273, enacting this chapter, amending sections 331, 332, 372, 375, and 604 of this title, and section 7253 of Title 38, Veterans’ Benefits, and enacting provisions set out as a note under section 1 of this title], an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance shall not be affected thereby.”