28 U.S.C. § 353 — Special committees

Page 120 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 353 (d) REFERRAL OF PETITIONS FOR REVIEW TO PANELS OF THE JUDICIAL COUNCIL.—Each judicial council may, pursuant to rules prescribed under section 358, refer a petition for review filed under subsection (c) to a panel of no fewer than 5 members of the council, at least 2 of whom shall be district judges. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1849.) § 353. Special committees (a) APPOINTMENT.—If the chief judge does not enter an order under section 352(b), the chief judge shall promptly— (1) appoint himself or herself and equal num- bers of circuit and district judges of the cir- cuit to a special committee to investigate the facts and allegations contained in the com- plaint; (2) certify the complaint and any other docu- ments pertaining thereto to each member of such committee; and (3) provide written notice to the complain- ant and the judge whose conduct is the subject of the complaint of the action taken under this subsection. (b) CHANGE IN STATUS OR DEATH OF JUDGES.— A judge appointed to a special committee under subsection (a) may continue to serve on that committee after becoming a senior judge or, in the case of the chief judge of the circuit, after his or her term as chief judge terminates under subsection (a)(3) or (c) of section 45. If a judge appointed to a committee under subsection (a) dies, or retires from office under section 371(a), while serving on the committee, the chief judge of the circuit may appoint another circuit or district judge, as the case may be, to the com- mittee. (c) INVESTIGATION BY SPECIAL COMMITTEE.— Each committee appointed under subsection (a) shall conduct an investigation as extensive as it considers necessary, and shall expeditiously file a comprehensive written report thereon with the judicial council of the circuit. Such report shall present both the findings of the investiga- tion and the committee’s recommendations for necessary and appropriate action by the judicial council of the circuit. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1850.) § 354. Action by judicial council (a) ACTIONS UPON RECEIPT OF REPORT.— (1) ACTIONS.—The judicial council of a cir- cuit, upon receipt of a report filed under sec- tion 353(c)— (A) may conduct any additional investiga- tion which it considers to be necessary; (B) may dismiss the complaint; and (C) if the complaint is not dismissed, shall take such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the cir- cuit. (2) DESCRIPTION OF POSSIBLE ACTIONS IF COM- PLAINT NOT DISMISSED.— (A) IN GENERAL.—Action by the judicial council under paragraph (1)(C) may include— (i) ordering that, on a temporary basis for a time certain, no further cases be as- signed to the judge whose conduct is the subject of a complaint; (ii) censuring or reprimanding such judge by means of private communication; and (iii) censuring or reprimanding such judge by means of public announcement. (B) FOR ARTICLE III JUDGES.—If the conduct of a judge appointed to hold office during good behavior is the subject of the com- plaint, action by the judicial council under paragraph (1)(C) may include— (i) certifying disability of the judge pur- suant to the procedures and standards pro- vided under section 372(b); and (ii) requesting that the judge voluntarily retire, with the provision that the length of service requirements under section 371 of this title shall not apply. (C) FOR MAGISTRATE JUDGES.—If the con- duct of a magistrate judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include directing the chief judge of the district of the mag- istrate judge to take such action as the judi- cial council considers appropriate. (3) LIMITATIONS ON JUDICIAL COUNCIL REGARD- ING REMOVALS.— (A) ARTICLE III JUDGES.—Under no cir- cumstances may the judicial council order removal from office of any judge appointed to hold office during good behavior. (B) MAGISTRATE AND BANKRUPTCY JUDGES.—Any removal of a magistrate judge under this subsection shall be in accordance with section 631 and any removal of a bank- ruptcy judge shall be in accordance with sec- tion 152. (4) NOTICE OF ACTION TO JUDGE.—The judicial council shall immediately provide written no- tice to the complainant and to the judge whose conduct is the subject of the complaint of the action taken under this subsection. (b) REFERRAL TO JUDICIAL CONFERENCE.— (1) IN GENERAL.—In addition to the authority granted under subsection (a), the judicial council may, in its discretion, refer any com- plaint under section 351, together with the record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference of the United States. (2) SPECIAL CIRCUMSTANCES.—In any case in which the judicial council determines, on the basis of a complaint and an investigation under this chapter, or on the basis of informa- tion otherwise available to the judicial coun- cil, that a judge appointed to hold office dur- ing good behavior may have engaged in con- duct— (A) which might constitute one or more grounds for impeachment under article II of the Constitution, or (B) which, in the interest of justice, is not amenable to resolution by the judicial coun- cil, the judicial council shall promptly certify such determination, together with any com-