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28 U.S.C. § 351Complaints; judge defined

submitted 24 years ago by Pub. L. 107-273 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 292 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone can file a written complaint that a federal judge acted badly or can't do the job. The complaint goes to the circuit's chief judge, who can also start one without a filing. This chapter defines "judge" and "complainant" for these purposes.

(a) Anyone can file a written complaint with the clerk of a circuit court of appeals. The complaint must briefly describe facts showing that a judge acted in a way that hurts how effectively and quickly the courts do their work, or that the judge can't handle all the duties of the job because of a mental or physical disability. (b) The chief judge of the circuit can also identify a complaint on their own, based on information they have, without anyone filing a written one -- they must explain their reasons in a written order. (c) When the clerk gets a complaint under (a), the clerk must promptly send it to the chief judge (or, if the complaint is about the chief judge, to the next most senior active circuit judge, who then counts as "chief judge" for this chapter). The clerk also sends a copy to the judge the complaint is about, and does the same for any complaint the chief judge identifies under (b). (d) This chapter defines two terms: (1) "judge" means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and (2) "complainant" means the person who filed the complaint under (a).
the actual law source: uscode.house.gov ↗public domain
(a)Filing of Complaint by Any Person.—

Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge 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 of the circuit, the chief judge 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), 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 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 whose conduct is the subject of the complaint. The clerk shall also transmit a copy of any complaint identified under subsection (b) to the judge 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) of this section.

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

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-273 · 116 Stat. 1848

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-273 on 2002-11-02.

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