28 U.S.C. § 351 — Complaints; judge defined
submitted 24 years ago by Pub. L. 107-273 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 292 words · no verdicts yet
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.
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.
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.
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.
In this chapter—
the term “judge” means a circuit judge, district* judge, bankruptcy judge, or magistrate judge; and
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.)
- 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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