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28 U.S.C. § 353Special committees

submitted 24 years ago by Pub. L. 107-273 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 259 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the chief judge does not resolve a misconduct complaint alone, a special committee of judges must investigate it. The committee gets copies of the complaint, and both sides are notified in writing. It investigates fully, then reports its findings and recommendations to the circuit's judicial council.

This section describes how a judicial-misconduct complaint against a judge gets investigated by a special committee. (a) Appointment. If the chief judge does not handle the complaint alone under section 352(b), the chief judge must promptly do three things: appoint a special committee — made up of the chief judge and equal numbers of circuit and district judges from the circuit — to investigate the facts and claims in the complaint; send the complaint and any related documents to each committee member; and give written notice to both the person who filed the complaint and the judge whose conduct is being questioned, explaining what action was taken. (b) Change in Status or Death of Judges. A judge on the committee can keep serving even after becoming a senior judge, or, for the chief judge, after their term as chief judge ends. If a committee member dies or retires while serving, the chief judge of the circuit may appoint another circuit or district judge to take their place. (c) Investigation by Special Committee. The committee must investigate as thoroughly as it thinks necessary, and must promptly file a full written report with the circuit's judicial council. That report must lay out both what the investigation found and the committee's recommendations for what action the judicial council should take.
the actual law source: uscode.house.gov ↗public domain
(a)Appointment.—

If the chief judge does not enter an order under section 352(b), the chief judge shall promptly—

(1)

appoint himself or herself and equal numbers of circuit and district judges of the circuit to a special committee to investigate the facts and allegations contained in the complaint;

(2)

certify the complaint and any other documents pertaining thereto to each member of such committee; and

(3)

provide written notice to the complainant and the judge whose conduct is the subject of the complaint of the action taken under this subsection.

(b)Change in Status or Death of Judges.—

A judge appointed to a special committee under subsection (a) may continue to serve on that committee after becoming a senior judge or, in the case of the chief judge of the circuit, after his or her term as chief judge terminates under subsection (a)(3) or (c) of section 45. If a judge appointed to a committee under subsection (a) dies, or retires from office under section 371(a), while serving on the committee, the chief judge of the circuit may appoint another circuit or district judge, as the case may be, to the committee.

(c)Investigation by Special Committee.—

Each committee appointed under subsection (a) shall conduct an investigation as extensive as it considers necessary, and shall expeditiously file a comprehensive written report thereon with the judicial council of the circuit. Such report shall present both the findings of the investigation and the committee’s recommendations for necessary and appropriate action by the judicial council of the circuit.

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

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-273 · 116 Stat. 1850

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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