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28 U.S.C. § 358Rules

submitted 24 years ago by Pub. L. 107-273 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 237 words · no verdicts yet

in plain englishAI-generated · not legal advice

Judicial councils and the Judicial Conference can write their own rules for handling judicial-conduct complaints. Those rules must guarantee notice to the judge, a hearing opportunity for the judge and sometimes the complainant, and public notice-and-comment before any rule change. No rule can shorten the deadline to file a complaint.

(a) In general: Each judicial council, and the Judicial Conference, can write whatever rules they think are appropriate for running proceedings under this chapter, including how petitions for review get processed. (b) Required provisions: Rules made under (a) must include provisions requiring that: (1) the judge whose conduct is being investigated gets adequate advance written notice of the investigation; (2) that judge gets a chance to appear in person or through a lawyer at the investigating panel's proceedings, present both oral and written evidence, force witnesses to testify or documents to be produced, cross-examine witnesses, and argue their case orally or in writing; and (3) the complainant gets a chance to appear at the investigating panel's proceedings, if the panel decides the complainant could provide substantial information. (c) Procedures: A rule under this section can only be made or changed after giving proper public notice and a chance to comment. Every rule must be a public record, and the Judicial Conference can modify any rule a judicial council makes. No rule made under this section can shorten the time a person has to file a complaint under this chapter.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Each judicial council and the Judicial Conference may prescribe such rules for the conduct of proceedings under this chapter, including the processing of petitions for review, as each considers to be appropriate.

(b)Required Provisions.—

Rules prescribed under subsection (a) shall contain provisions requiring that—

(1)

adequate prior notice of any investigation be given in writing to the judge whose conduct is the subject of a complaint under this chapter;

(2)

the judge whose conduct is the subject of a complaint under this chapter be afforded an opportunity to appear (in person or by counsel) at proceedings conducted by the investigating panel, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing; and

(3)

the complainant be afforded an opportunity to appear at proceedings conducted by the investigating panel, if the panel concludes that the complainant could offer substantial information.

(c)Procedures.—

Any rule prescribed under this section shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such rule shall be a matter of public record, and any such rule promulgated by a judicial council may be modified by the Judicial Conference. No rule promulgated under this section may limit the period of time within which a person may file a complaint under this chapter.

Source credit: (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1853.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-273 · 116 Stat. 1853

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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