ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

28 U.S.C. § 354Action by judicial council

submitted 24 years ago by Pub. L. 107-273 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 589 words · no verdicts yet

in plain englishAI-generated · not legal advice

When a circuit's judicial council gets a misconduct report about a judge, it can investigate further, dismiss the complaint, or take corrective action. Possible actions include suspending case assignments, private or public reprimands, or referring serious cases to the Judicial Conference. Only Congress can remove a life-tenured federal judge.

(a) Actions after receiving a report. (1) When a circuit's judicial council receives a report filed under section 353(c), it may (A) conduct any additional investigation it considers necessary, (B) dismiss the complaint, and (C) if the complaint isn't dismissed, take whatever action is appropriate to keep the circuit's courts running effectively and promptly. (2) Possible actions if the complaint isn't dismissed. (A) In general, action under (1)(C) may include temporarily ordering that no further cases be assigned to the judge for a set time, privately reprimanding the judge, or publicly reprimanding the judge. (B) For "Article III" judges — those appointed to serve during good behavior, meaning life-tenured judges — action may also include certifying the judge as disabled under the procedures and standards in section 372(b), or asking the judge to voluntarily retire, without requiring the judge to meet the usual years-of-service rule in section 371. (C) For magistrate judges, action may include directing that district's chief judge to take whatever steps the council considers appropriate. (3) Limits on removal. (A) Under no circumstances may the judicial council order the removal from office of an Article III judge. (B) Removing a magistrate judge must follow section 631, and removing a bankruptcy judge must follow section 152. (4) The judicial council must immediately give written notice of the action taken to both the person who complained and the judge whose conduct was at issue. (b) Referral to the Judicial Conference. (1) In addition to the authority in subsection (a), the judicial council may, at its own discretion, refer a complaint filed under section 351 — along with the record of any related proceedings and its own recommendations — to the Judicial Conference of the United States. (2) If the judicial council determines, based on a complaint and investigation under this chapter or on other information available to it, that an Article III judge may have engaged in conduct (A) that could be grounds for impeachment under Article II of the Constitution, or (B) that, in the interest of justice, the council itself shouldn't resolve, the council must promptly certify that determination — along with the complaint and record — to the Judicial Conference. (3) Unless doing so would go against the interest of justice, the judicial council must immediately send written notice of this referral to both the complainant and the judge involved.
the actual law source: uscode.house.gov ↗public domain
(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.

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.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case