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28 U.S.C. §§ 354–360

7 sections in range

§354. Action by judicial council

28 U.S.C. § 354

(a)
Actions Upon Receipt of Report.—
(1)
Actions.— The judicial council of a circuit, upon receipt of a report filed under section 353(c)—
(A)
may conduct any additional investigation which it considers to be necessary;
(B)
may dismiss the complaint; and
(C)
if the complaint is not dismissed, shall take such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the circuit.
(2)
Description of possible actions if complaint not dismissed.—
(A)
In general.— Action by the judicial council under paragraph (1)(C) may include—
(i)
ordering that, on a temporary basis for a time certain, no further cases be assigned to the judge whose conduct is the subject of a complaint;
(ii)
censuring or reprimanding such judge by means of private communication; and
(iii)
censuring or reprimanding such judge by means of public announcement.
(B)
For article iii judges.— If the conduct of a judge appointed to hold office during good behavior is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include—
(i)
certifying disability of the judge pursuant to the procedures and standards provided under section 372(b); and
(ii)
requesting that the judge voluntarily retire, with the provision that the length of service requirements under section 371 of this title shall not apply.
(C)
For magistrate judges.— If the conduct of a magistrate judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include directing the chief judge of the district of the magistrate judge to take such action as the judicial council considers appropriate.
(3)
Limitations on judicial council regarding removals.—
(A)
Article iii judges.— Under no circumstances may the judicial council order removal from office of any judge appointed to hold office during good behavior.
(B)
Magistrate and bankruptcy judges.— Any removal of a magistrate judge under this subsection shall be in accordance with section 631 and any removal of a bankruptcy judge shall be in accordance with section 152.
(4)
Notice of action to judge.— The judicial council shall immediately provide written notice to the complainant and to the judge whose conduct is the subject of the complaint of the action taken under this subsection.
(b)
Referral to Judicial Conference.—
(1)
In general.— In addition to the authority granted under subsection (a), the judicial council may, in its discretion, refer any complaint under section 351, together with the record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference of the United States.
(2)
Special circumstances.— In any case in which the judicial council determines, on the basis of a complaint and an investigation under this chapter, or on the basis of information otherwise available to the judicial council, that a judge appointed to hold office during good behavior may have engaged in conduct—
(A)
which might constitute one or more grounds for impeachment under article II of the Constitution, or
(B)
which, in the interest of justice, is not amenable to resolution by the judicial council,

the judicial council shall promptly certify such determination, together with any complaint and a record of any associated proceedings, to the Judicial Conference of the United States.

(3)
Notice to complainant and judge.— A judicial council acting under authority of this subsection shall, unless contrary to the interests of justice, immediately submit written notice to the complainant and to the judge whose conduct is the subject of the action taken under this subsection.
Notes, amendments, and revision history

(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1850.)

§355. Action by Judicial Conference

28 U.S.C. § 355

(a)
In General.— Upon referral or certification of any matter under section 354(b), the Judicial Conference, after consideration of the prior proceedings and such additional investigation as it considers appropriate, shall by majority vote take such action, as described in section 354(a)(1)(C) and (2), as it considers appropriate.
(b)
If Impeachment Warranted.—
(1)
In general.— If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that consideration of impeachment may be warranted, it shall so certify and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers to be necessary. Upon receipt of the determination and record of proceedings in the House of Representatives, the Clerk of the House of Representatives shall make available to the public the determination and any reasons for the determination.
(2)
In case of felony conviction.— If a judge has been convicted of a felony under State or Federal law and has exhausted all means of obtaining direct review of the conviction, or the time for seeking further direct review of the conviction has passed and no such review has been sought, the Judicial Conference may, by majority vote and without referral or certification under section 354(b), transmit to the House of Representatives a determination that consideration of impeachment may be warranted, together with appropriate court records, for whatever action the House of Representatives considers to be necessary.
Notes, amendments, and revision history

(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1852.)

§356. Subpoena power

28 U.S.C. § 356

(a)
Judicial Councils and Special Committees.— In conducting any investigation under this chapter, the judicial council, or a special committee appointed under section 353, shall have full subpoena powers as provided in section 332(d).
(b)
Judicial Conference and Standing Committees.— In conducting any investigation under this chapter, the Judicial Conference, or a standing committee appointed by the Chief Justice under section 331, shall have full subpoena powers as provided in that section.
Notes, amendments, and revision history

(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1852.)

§357. Review of orders and actions

28 U.S.C. § 357

(a)
Review of Action of Judicial Council.— A complainant or judge aggrieved by an action of the judicial council under section 354 may petition the Judicial Conference of the United States for review thereof.
(b)
Action of Judicial Conference.— The Judicial Conference, or the standing committee established under section 331, may grant a petition filed by a complainant or judge under subsection (a).
(c)
No Judicial Review.— Except as expressly provided in this section and section 352(c), all orders and determinations, including denials of petitions for review, shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise.
Notes, amendments, and revision history

(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1853.)

§358. Rules

28 U.S.C. § 358

(a)
In General.— Each judicial council and the Judicial Conference may prescribe such rules for the conduct of proceedings under this chapter, including the processing of petitions for review, as each considers to be appropriate.
(b)
Required Provisions.— Rules prescribed under subsection (a) shall contain provisions requiring that—
(1)
adequate prior notice of any investigation be given in writing to the judge whose conduct is the subject of a complaint under this chapter;
(2)
the judge whose conduct is the subject of a complaint under this chapter be afforded an opportunity to appear (in person or by counsel) at proceedings conducted by the investigating panel, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing; and
(3)
the complainant be afforded an opportunity to appear at proceedings conducted by the investigating panel, if the panel concludes that the complainant could offer substantial information.
(c)
Procedures.— Any rule prescribed under this section shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such rule shall be a matter of public record, and any such rule promulgated by a judicial council may be modified by the Judicial Conference. No rule promulgated under this section may limit the period of time within which a person may file a complaint under this chapter.
Notes, amendments, and revision history

(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1853.)

§359. Restrictions

28 U.S.C. § 359

(a)
Restriction on Individuals Who Are Subject of Investigation.— No judge whose conduct is the subject of an investigation under this chapter shall serve upon a special committee appointed under section 353, upon a judicial council, upon the Judicial Conference, or upon the standing committee established under section 331, until all proceedings under this chapter relating to such investigation have been finally terminated.
(b)
Amicus Curiae.— No person shall be granted the right to intervene or to appear as amicus curiae in any proceeding before a judicial council or the Judicial Conference under this chapter.
Notes, amendments, and revision history

(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1853.)

§360. Disclosure of information

28 U.S.C. § 360

(a)
Confidentiality of Proceedings.— Except as provided in section 355, all papers, documents, and records of proceedings related to investigations conducted under this chapter shall be confidential and shall not be disclosed by any person in any proceeding except to the extent that—
(1)
the judicial council of the circuit in its discretion releases a copy of a report of a special committee under section 353(c) to the complainant whose complaint initiated the investigation by that special committee and to the judge whose conduct is the subject of the complaint;
(2)
the judicial council of the circuit, the Judicial Conference of the United States, or the Senate or the House of Representatives by resolution, releases any such material which is believed necessary to an impeachment investigation or trial of a judge under article I of the Constitution; or
(3)
such disclosure is authorized in writing by the judge who is the subject of the complaint and by the chief judge of the circuit, the Chief Justice, or the chairman of the standing committee established under section 331.
(b)
Public Availability of Written Orders.— Each written order to implement any action under section 354(a)(1)(C), which is issued by a judicial council, the Judicial Conference, or the standing committee established under section 331, shall be made available to the public through the appropriate clerk’s office of the court of appeals for the circuit. Unless contrary to the interests of justice, each such order shall be accompanied by written reasons therefor.
Notes, amendments, and revision history

(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1854.)