28 U.S.C. § 361 — Reimbursement of expenses

Page 122 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 360 331, until all proceedings under this chapter re- lating to such investigation have been finally terminated. (b) AMICUS CURIAE.—No person shall be grant- ed the right to intervene or to appear as amicus curiae in any proceeding before a judicial coun- cil or the Judicial Conference under this chap- ter. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1853.) § 360. Disclosure of information (a) CONFIDENTIALITY OF PROCEEDINGS.—Except as provided in section 355, all papers, documents, and records of proceedings related to investiga- tions conducted under this chapter shall be con- fidential and shall not be disclosed by any per- son 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 spe- cial committee under section 353(c) to the complainant whose complaint initiated the in- vestigation by that special committee and to the judge whose conduct is the subject of the complaint; (2) the judicial council of the circuit, the Ju- dicial Conference of the United States, or the Senate or the House of Representatives by res- olution, releases any such material which is believed necessary to an impeachment inves- tigation 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 com- plaint 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 OR- DERS.—Each written order to implement any ac- tion under section 354(a)(1)(C), which is issued by a judicial council, the Judicial Conference, or the standing committee established under sec- tion 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. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1854.) § 361. Reimbursement of expenses Upon the request of a judge whose conduct is the subject of a complaint under this chapter, the judicial council may, if the complaint has been finally dismissed under section 354(a)(1)(B), recommend that the Director of the Administra- tive Office of the United States Courts award re- imbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys’ fees, incurred by that judge during the investigation which would not have been incurred but for the requirements of this chapter. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1854.) § 362. Other provisions and rules not affected Except as expressly provided in this chapter, nothing in this chapter shall be construed to af- fect any other provision of this title, the Fed- eral Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Ap- pellate Procedure, or the Federal Rules of Evi- dence. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1854.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, and the Federal Rules of Evidence, referred to in text, are set out in the Appen- dix to this title. The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to Title 18, Crimes and Criminal Procedure. § 363. Court of Federal Claims, Court of Inter- national Trade, Court of Appeals for the Fed- eral Circuit The United States Court of Federal Claims, the Court of International Trade, and the Court of Appeals for the Federal Circuit shall each pre- scribe rules, consistent with the provisions of this chapter, establishing procedures for the fil- ing of complaints with respect to the conduct of any judge of such court and for the investigation and resolution of such complaints. In inves- tigating and taking action with respect to any such complaint, each such court shall have the powers granted to a judicial council under this chapter. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1854.) § 364. Effect of felony conviction In the case of any judge or judge of a court re- ferred to in section 363 who is convicted of a fel- ony under State or Federal law and has ex- hausted 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 following shall apply: (1) The judge shall not hear or decide cases unless the judicial council of the circuit (or, in the case of a judge of a court referred to in section 363, that court) determines otherwise. (2) Any service as such judge or judge of a court referred to in section 363, after the con- viction is final and all time for filing appeals thereof has expired, shall not be included for purposes of determining years of service under section 371(c), 377, or 178 of this title or cred- itable service under subchapter III of chapter 83, or chapter 84, of title 5. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1855.) CHAPTER 17—RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES Sec. 371. Retirement on salary; retirement in senior status.