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28 U.S.C. § 360Disclosure of information

submitted 24 years ago by Pub. L. 107-273 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 250 words · no verdicts yet

in plain englishAI-generated · not legal advice

Records from judicial-conduct investigations are kept confidential, with narrow exceptions — like releasing a report to the complainant and judge, or for an impeachment investigation. Written orders implementing certain disciplinary actions must be made public, usually with the reasons explained.

(a) Confidentiality of proceedings: Except as section 355 allows, all papers, documents, and case records from investigations under this chapter are confidential. No one may disclose them in any proceeding, except: (1) the circuit's judicial council can, at its discretion, release a copy of a special committee's report under section 353(c) to the complainant who started the investigation, and to the judge whose conduct was investigated; (2) the circuit's judicial council, the Judicial Conference, or the Senate or House (by resolution) can release material believed necessary for an impeachment investigation or trial of a judge under Article I of the Constitution; or (3) disclosure is authorized in writing by both the judge who's the subject of the complaint and the circuit's chief judge, the Chief Justice, or the standing committee's chairman. (b) Public written orders: Every written order carrying out an action under section 354(a)(1)(C) — issued by a judicial council, the Judicial Conference, or the standing committee under section 331 — must be made available to the public through the right court of appeals clerk's office. Unless it would be against the interests of justice, each such order must come with a written explanation of its reasons.
the actual law source: uscode.house.gov ↗public domain
(a)Confidentiality of Proceedings.—

Except as provided in section 355, all papers, documents, and records of proceedings related to investigations conducted under this chapter shall be confidential and shall not be disclosed by any person in any proceeding except to the extent that—

(1)

the judicial council of the circuit in its discretion releases a copy of a report of a special committee under section 353(c) to the complainant whose complaint initiated the investigation by that special committee and to the judge whose conduct is the subject of the complaint;

(2)

the judicial council of the circuit, the Judicial Conference of the United States, or the Senate or the House of Representatives by resolution, releases any such material which is believed necessary to an impeachment investigation or trial of a judge under article I of the Constitution; or

(3)

such disclosure is authorized in writing by the judge who is the subject of the complaint and by the chief judge of the circuit, the Chief Justice, or the chairman of the standing committee established under section 331.

(b)Public Availability of Written Orders.—

Each written order to implement any action under section 354(a)(1)(C), which is issued by a judicial council, the Judicial Conference, or the standing committee established under section 331, shall be made available to the public through the appropriate clerk’s office of the court of appeals for the circuit. Unless contrary to the interests of justice, each such order shall be accompanied by written reasons therefor.

Source credit: (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1854.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-273 · 116 Stat. 1854

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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