28 U.S.C. § 354 — Action by judicial council

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- Page 121 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 359 plaint and a record of any associated pro- ceedings, to the Judicial Conference of the United States. (3) NOTICE TO COMPLAINANT AND JUDGE.—A ju- dicial council acting under authority of this subsection shall, unless contrary to the inter- ests of justice, immediately submit written notice to the complainant and to the judge whose conduct is the subject of the action taken under this subsection. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1850.) § 355. Action by Judicial Conference (a) IN GENERAL.—Upon referral or certification of any matter under section 354(b), the Judicial Conference, after consideration of the prior pro- ceedings and such additional investigation as it considers appropriate, shall by majority vote take such action, as described in section 354(a)(1)(C) and (2), as it considers appropriate. (b) IF IMPEACHMENT WARRANTED.— (1) IN GENERAL.—If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that consideration of impeachment may be war- ranted, it shall so certify and transmit the de- termination and the record of proceedings to the House of Representatives for whatever ac- tion the House of Representatives considers to be necessary. Upon receipt of the determina- tion and record of proceedings in the House of Representatives, the Clerk of the House of Representatives shall make available to the public the determination and any reasons for the determination. (2) IN CASE OF FELONY CONVICTION.—If a judge has been convicted of a felony under State or Federal law and has exhausted 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 Judicial Conference may, by majority vote and without referral or cer- tification under section 354(b), transmit to the House of Representatives a determination that consideration of impeachment may be war- ranted, together with appropriate court records, for whatever action the House of Rep- resentatives considers to be necessary. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1852.) § 356. Subpoena power (a) JUDICIAL COUNCILS AND SPECIAL COMMIT- TEES.—In conducting any investigation under this chapter, the judicial council, or a special committee appointed under section 353, shall have full subpoena powers as provided in section 332(d). (b) JUDICIAL CONFERENCE AND STANDING COM- MITTEES.—In conducting any investigation under this chapter, the Judicial Conference, or a standing committee appointed by the Chief Jus- tice under section 331, shall have full subpoena powers as provided in that section. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1852.) § 357. Review of orders and actions (a) REVIEW OF ACTION OF JUDICIAL COUNCIL.—A complainant or judge aggrieved by an action of the judicial council under section 354 may peti- tion the Judicial Conference of the United States for review thereof. (b) ACTION OF JUDICIAL CONFERENCE.—The Ju- dicial Conference, or the standing committee es- tablished under section 331, may grant a petition filed by a complainant or judge under subsection (a). (c) NO JUDICIAL REVIEW.—Except as expressly provided in this section and section 352(c), all orders and determinations, including denials of petitions for review, shall be final and conclu- sive and shall not be judicially reviewable on ap- peal or otherwise. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1853.) § 358. Rules (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 re- quiring that— (1) adequate prior notice of any investiga- tion 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 coun- sel) at proceedings conducted by the inves- tigating panel, to present oral and documen- tary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argu- ment orally or in writing; and (3) the complainant be afforded an oppor- tunity 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 oppor- tunity for comment. Any such rule shall be a matter of public record, and any such rule pro- mulgated 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. (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1853.) § 359. Restrictions (a) RESTRICTION ON INDIVIDUALS WHO ARE SUB- JECT OF INVESTIGATION.—No judge whose conduct is the subject of an investigation under this chapter shall serve upon a special committee ap- pointed under section 353, upon a judicial coun- cil, upon the Judicial Conference, or upon the standing committee established under section