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U.S. Code as of:
01/19/04
Section 354. Action by judicial council
(a) Actions Upon Receipt of Report. -
(1) Actions. - The judicial council of a circuit, upon receipt
of a report filed under section 353(c) -
(A) may conduct any additional investigation 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
circuit.
(2) Description of possible actions if complaint 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 assigned 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 complaint, action by the judicial council under paragraph
(1)(C) may include -
(i) certifying disability of the judge pursuant to the
procedures and standards provided 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 conduct 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 magistrate judge to take such
action as the judicial council considers appropriate.
(3) Limitations on judicial council regarding removals. -
(A) Article iii judges. - Under no circumstances 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 bankruptcy judge shall be
in accordance with section 152.
(4) Notice of action to judge. - The judicial council shall
immediately provide written notice 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 complaint 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 information
otherwise available to the judicial council, that a judge
appointed to hold office during good behavior may have engaged in
conduct -
(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 council,
the judicial council shall promptly certify such determination,
together with any complaint and a record of any associated
proceedings, to the Judicial Conference of the United States.
(3) Notice to complainant and judge. - A judicial council
acting under authority of this subsection shall, unless contrary
to the interests 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.
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