---
kind: "section"
citation: "28 U.S.C. § 354"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "354"
heading: "Action by judicial council"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/354"
units:
  - "Part I — Organization of Courts"
  - "Chapter 16 — Complaints Against Judges and Judicial Discipline"
---

# §354. Action by judicial council

- (a) **Actions Upon Receipt of Report.—**
  - (1) **Actions.—** The judicial council of a circuit, upon receipt of a report filed under [section 353(c)](/usc/28/353.md?p=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)](#a-1-C) may include—
      - (i) ordering that, on a temporary basis for a time certain, no further cases be assigned to the [judge](/usc/28/351.md?p=d-1) whose conduct is the subject of a complaint;
      - (ii) censuring or reprimanding such [judge](/usc/28/351.md?p=d-1) by means of private communication; and
      - (iii) censuring or reprimanding such [judge](/usc/28/351.md?p=d-1) by means of public announcement.
    - (B) **For article iii judges.—** If the conduct of a [judge](/usc/28/351.md?p=d-1) appointed to hold office during good behavior is the subject of the complaint, action by the judicial council under [paragraph (1)(C)](#a-1-C) may include—
      - (i) certifying disability of the [judge](/usc/28/351.md?p=d-1) pursuant to the procedures and standards provided under [section 372(b)](/usc/28/372.md?p=b); and
      - (ii) requesting that the [judge](/usc/28/351.md?p=d-1) voluntarily retire, with the provision that the length of service requirements under [section 371 of this title](/usc/28/371.md) shall not apply.
    - (C) **For magistrate judges.—** If the conduct of a magistrate [judge](/usc/28/351.md?p=d-1) is the subject of the complaint, action by the judicial council under [paragraph (1)(C)](#a-1-C) may include directing the [chief judge](/usc/28/351.md?p=c) of the district of the magistrate [judge](/usc/28/351.md?p=d-1) 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](/usc/28/351.md?p=d-1) appointed to hold office during good behavior.
    - (B) **Magistrate and bankruptcy judges.—** Any removal of a magistrate [judge](/usc/28/351.md?p=d-1) under this subsection shall be in accordance with [section 631](/usc/28/631.md) and any removal of a bankruptcy [judge](/usc/28/351.md?p=d-1) shall be in accordance with section 152.
  - (4) **Notice of action to judge.—** The judicial council shall immediately provide written notice 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 of the action taken under this subsection.
- (b) **Referral to Judicial Conference.—**
  - (1) **In general.—** In addition to the authority granted under [subsection (a)](#a), the judicial council may, in its discretion, refer any complaint under [section 351](/usc/28/351.md), 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](/usc/28/351.md?p=d-1) 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](/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 action taken under this subsection.

## Source credit

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