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28 U.S.C. § 355Action by Judicial Conference

submitted 24 years ago by Pub. L. 107-273 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 244 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Judicial Conference reviews matters referred about a judge. If it finds impeachment may be warranted, it notifies the House of Representatives. It can also act directly after a judge's felony conviction.

(a) In General — After a matter is referred or certified under section 354(b), the Judicial Conference reviews the earlier proceedings. It can investigate further if it thinks that's needed. Then, by majority vote, it decides what action to take, choosing from the actions described in section 354(a)(1)(C) and (2), as it thinks appropriate. (b) If Impeachment Warranted — (1) In general. If the Judicial Conference agrees with the judicial council, or decides on its own, that impeachment might be warranted, it must say so formally. It sends its decision and the record of proceedings to the House of Representatives, for the House to act on however it thinks necessary. Once the House receives the decision and record, the Clerk of the House must make the decision and the reasons for it public. (2) In case of felony conviction. If a judge has been convicted of a felony under state or federal law, and has used up all ways to directly appeal the conviction (or the time to appeal has passed without an appeal being filed), the Judicial Conference can act without waiting for a referral or certification under section 354(b). By majority vote, it can send the House of Representatives a decision that impeachment might be warranted, along with the relevant court records, for the House to act on as it sees fit.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Upon referral or certification of any matter under section 354(b), the Judicial Conference, after consideration of the prior proceedings and such additional investigation as it considers appropriate, shall by majority vote take such action, as described in section 354(a)(1)(C) and (2), as it considers appropriate.

(b)If Impeachment Warranted.—
(1)In general.—

If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that consideration of impeachment may be warranted, it shall so certify and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers to be necessary. Upon receipt of the determination and record of proceedings in the House of Representatives, the Clerk of the House of Representatives shall make available to the public the determination and any reasons for the determination.

(2)In case of felony conviction.—

If a judge has been convicted of a felony under State or Federal law and has exhausted all means of obtaining direct review of the conviction, or the time for seeking further direct review of the conviction has passed and no such review has been sought, the Judicial Conference may, by majority vote and without referral or certification under section 354(b), transmit to the House of Representatives a determination that consideration of impeachment may be warranted, together with appropriate court records, for whatever action the House of Representatives considers to be necessary.

Source credit: (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1852.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-273 · 116 Stat. 1852

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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