---
kind: "section"
citation: "28 U.S.C. § 352"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "352"
heading: "Review of complaint by chief judge"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/352"
units:
  - "Part I — Organization of Courts"
  - "Chapter 16 — Complaints Against Judges and Judicial Discipline"
---

# §352. Review of complaint by chief judge

- (a) **Expeditious Review; Limited Inquiry.—** The [chief judge](/usc/28/351.md?p=c) shall expeditiously review any complaint received under [section 351(a)](/usc/28/351.md?p=a) or identified under [section 351(b)](/usc/28/351.md?p=b). In determining what action to take, the [chief judge](/usc/28/351.md?p=c) may conduct a limited inquiry for the purpose of determining—
  - (1) whether appropriate corrective action has been or can be taken without the necessity for a formal investigation; and
  - (2) whether the facts stated in the complaint are either plainly untrue or are incapable of being established through investigation.

  For this purpose, the [chief judge](/usc/28/351.md?p=c) may request the [judge](/usc/28/351.md?p=d-1) whose conduct is complained of to file a written response to the complaint. Such response shall not be made available to the [complainant](/usc/28/351.md?p=d-2) unless authorized by the [judge](/usc/28/351.md?p=d-1) filing the response. The [chief judge](/usc/28/351.md?p=c) or his or her designee may also communicate orally or in writing with the [complainant](/usc/28/351.md?p=d-2), the [judge](/usc/28/351.md?p=d-1) whose conduct is complained of, and any other person who may have knowledge of the matter, and may review any transcripts or other relevant documents. The [chief judge](/usc/28/351.md?p=c) shall not undertake to make findings of fact about any matter that is reasonably in dispute.

- (b) **Action by Chief Judge Following Review.—** After expeditiously reviewing a complaint under [subsection (a)](#a), the [chief judge](/usc/28/351.md?p=c), by written order stating his or her reasons, may—
  - (1) dismiss the complaint—
    - (A) if the [chief judge](/usc/28/351.md?p=c) finds the complaint to be—
      - (i) not in conformity with [section 351(a)](/usc/28/351.md?p=a);
      - (ii) directly related to the merits of a decision or procedural ruling; or
      - (iii) frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations which are incapable of being established through investigation; or
    - (B) when a limited inquiry conducted under [subsection (a)](#a) demonstrates that the allegations in the complaint lack any factual foundation or are conclusively refuted by objective evidence; or
  - (2) conclude the proceeding if the [chief judge](/usc/28/351.md?p=c) finds that appropriate corrective action has been taken or that action on the complaint is no longer necessary because of intervening events.

  The [chief judge](/usc/28/351.md?p=c) shall transmit copies of the written order to the [complainant](/usc/28/351.md?p=d-2) and to the [judge](/usc/28/351.md?p=d-1) whose conduct is the subject of the complaint.

- (c) **Review of Orders of Chief Judge.—** A [complainant](/usc/28/351.md?p=d-2) or [judge](/usc/28/351.md?p=d-1) aggrieved by a final order of the [chief judge](/usc/28/351.md?p=c) under this section may petition the judicial council of the circuit for review thereof. The denial of a petition for review of the [chief judge](/usc/28/351.md?p=c)’s order shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise.
- (d) **Referral of Petitions for Review to Panels of the Judicial Council.—** Each judicial council may, pursuant to rules prescribed under [section 358](/usc/28/358.md), refer a petition for review filed under [subsection (c)](#c) to a panel of no fewer than 5 members of the council, at least 2 of whom shall be district [judges](/usc/28/351.md?p=d-1).

## Source credit

(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1849.)