Action by judicial council

28 U.S.C. § 354

• Title: 28 — Judiciary and Judicial Procedure
• Chapter: 16 — COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

Text

(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.

History

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