U.S. Code » Title 28 » Part PART I— ORGANIZATION OF COURTS › Chapter CHAPTER 16— COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

28 U.S.C. § 354

Action by judicial council

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(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.(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1850.)
Notes of Decisions
Cited in 36 cases (5 in the last 5 years), 1929–2026 · leading case: Danos v. Jones, 652 F.3d 577 (5th Cir. 2011).
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Danos v. Jones, 652 F.3d 577 (5th Cir. 2011). · cites it 3× “The Council certified this determination to the Judicial Conference of the United States in accordance with 28 U.S.C. § 354 (b)(2)(A). The matter was referred to the Committee on Judicial Conduct and Disability of the Judicial Conference, which issued a report and recommendation…”
In re Complaint of Jud. Misconduct, 751 F.3d 611 (2014). · cites it 6× “Moreover, the March 15 order was subject to the § 360(b) publication requirement, because it ordered action “to assure the effective and expeditious administration of the business of the courts” within the meaning of 28 U.S.C. § 354 (a)(1)(C). Accordingly, and irrespective of…”
Fid. & Deposit Co. of Maryland v. Lindholm, 66 F.2d 56 (9th Cir. 1933). · cites it 2× “§ 862 (28 USCA § 862); Supreme Court Rule 9 (28 USCA § 354). The purpose is to enable the court as well as opposing counsel, readily to perceive what points are relied on.”
Hard & Rand, Inc. v. Biston Coffee Co., 41 F.2d 625 (8th Cir. 1930). “Only so much of the evidence áhall be embraced in a hill of exceptions, as may be necessary to present clearly the questions of law involved in the rulings to which exceptions are reserved, and such evidence as is embraced therein shall be set forth in condensed and narrative…”
In Re Complaint of Jud. Misconduct, 575 F.3d 279 (3rd Cir. 2009). · cites it 2× “See 28 U.S.C. §§ 354 (a)-(b). The Judicial Council also may dismiss the complaint, see Rule 20(b)(1)(A), or it may “conclude the proceeding because appropriate corrective action has been taken or intervening events have made the proceeding unnecessary,” Rule 20(b)(1)(B).”
In Re Complaint of Jud. Misconduct, 591 F.3d 638 (U.S.J.C. 2009). · cites it 2× “See 28 U.S.C. § 354 (a)(1)(B); Rule 20(b)(1)(A)(iv).”
In Re Opinion of Jud. Conf. Comm. to Review Circuit Council Conduct & Disability Orders, 449 F.3d 106 (Fed. Cir. 2006). “” 28 U.S.C. § 354 (a)(1). Section 353(c) in turn is limited to reports made by “[ejach [special] committee appointed under subsection (a).”
Danos v. Jones, 721 F. Supp. 2d 491 (E.D. La. 2010). “Application of Ultra Vires Exception Based on Lack of Authority Danos has alleged in the Complaint that the Judicial Conference’s order regarding suspension of the ability to employ staff went beyond the authority given to the Judicial Council by the Judicial Conference and 28…”
In re Charges of Jud. Misconduct, 465 F.3d 532 (2d Cir. 2006). “See 28 U.S.C. §§ 354 (a)-(b), 355(a); Local Rules 14(a), (e)-(g).”
Becker Steel Co. of Am. v. Hicks, 66 F.2d 497 (2d Cir. 1933). “” Paragraph 4 of Rule 19 of the Supreme Court of the United States (28 USCA § 354) likewiso deals with the survival of actions against officials, and provides that: “Where a public officer, by or against whom a suit is brought, dies or ceases to hold the office while the suit is…”
Am. Trust Co. v. Speers Sand & Clay Works, Inc., 60 F.2d 994 (D. Maryland 1932). “” This rule is, in substance, the same as paragraph 2 of rule 36 of the United States Supreme Court, 28 USCA § 354 (formerly rule 29 of that court).”
Rowlett v. Fairfax, 446 F. Supp. 186 (W.D. Mo. 1978). “The provisions of 28 U.S.C. § 354 belie this claim. That section specifically gives the Attorney General the power to compile arrest records', even if the disposition of the arrest is wholly unknown to the F.”
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