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

28 U.S.C. § 360

Disclosure of information

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(a)Confidentiality of Proceedings.—Except as provided in section 355, all papers, documents, and records of proceedings related to investigations conducted under this chapter shall be confidential and shall not be disclosed by any person 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 special committee under section 353(c) to the complainant whose complaint initiated the investigation by that special committee and to the judge whose conduct is the subject of the complaint;(2) the judicial council of the circuit, the Judicial Conference of the United States, or the Senate or the House of Representatives by resolution, releases any such material which is believed necessary to an impeachment investigation 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 complaint 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 Orders.—Each written order to implement any action under section 354(a)(1)(C), which is issued by a judicial council, the Judicial Conference, or the standing committee established under section 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.)
Notes of Decisions
Cited in 15 cases, 2004–2018 · leading case: In Re Focus Media, Inc., Debtor, Focus Media, Inc. v. Nat'l Broad. Co. Inc. Abc Inc. Paxson Commc'ns Inc., 378 F.3d 916 (9th Cir. 2004).
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In Re Focus Media, Inc., Debtor, Focus Media, Inc. v. Nat'l Broad. Co. Inc. Abc Inc. Paxson Commc'ns Inc., 378 F.3d 916 (9th Cir. 2004). “See 28 U.S.C. § 360 (a); Rule 16 of the Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability.”
Eisenhour v. Weber Cnty., 744 F.3d 1220 (10th Cir. 2014). “28 U.S.C. § 360 (a) (2006); see also 10th Cir.”
Adams v. Comm. on Jud. Conduct & Disability, 165 F. Supp. 3d 911 (N.D. Cal. 2016). · cites it 2× “See 28 U.S.C. § 360 (a)-(b). Moreover, courts have found that confidentiality in judicial misconduct proceedings serves the important functions of: encouraging the filing of complaints; obtaining complete and candid testimony; increasing cooperation with investigation;…”
In re Charges of Jud. Misconduct, 465 F.3d 532 (2d Cir. 2006). · cites it 4× “IT IS FURTHER ORDERED that the Special Committee’s Report and this Order shall be released to the public, as authorized by the Chief Judge of the Second Circuit and agreed to in writing by Judge Chatigny, the judge who is the subject of the complaints, pursuant to 28 U.S.C. §…”
In re Complaint of Jud. Misconduct, 751 F.3d 611 (2014). · cites it 4× “” 28 U.S.C. § 360 (b) (emphasis added). (Section 354(a)(1)(C) governs action taken “if the complaint is not dismissed.”
Danos v. Jones, 652 F.3d 577 (5th Cir. 2011). “28 U.S.C. § 360 (a). And even accepting for the sake of analysis that the order and suspension of Judge Porteous’s authority caused reputational harm to Danos, any such harm is “merely the secondary effect of an injury that is otherwise moot.”
Caldwell v. Obama, 6 F. Supp. 3d 31 (D.D.C. 2013). “While proceedings related to judicial misconduct complaints made to the Judicial Council of, the District of Columbia Circuit are confidential, see 28 U.S.C. § 360 (a), this complaint to the Judicial Council formed the basis of the plaintiff's cause of action in Caldwell TV and…”
Eisenhour v. Weber Cnty., 739 F.3d 496 (10th Cir. 2013). “28 U.S.C. § 360 (a) (2006); see also 10th Cir.”
In re Kozich, 534 B.R. 427 (Bankr. S.D. Florida 2015). “The absence of any authority for such a proposition very likely stems from the requirement set forth in 28 U.S.C. § 360 (a) that “all papers, documents, and records of proceedings related to investigations conducted under this chapter shall be confidential and shall not be…”
Gnana Chinniah v., 698 F. App'x 58 (3rd Cir. 2017). “17-1729 is moot because we have denied rehearing in that appeal. As for petitioners’ request for a stay pending resolution of their judicial misconduct complaint, we will not comment on that proceeding given its confidential nature.”
Clemmer v. Off. of the Chief Judge, 544 F. Supp. 2d 722 (N.D. Ill. 2008). “B; 28 U.S.C. § 360 . Plaintiff asserts that she only needs access to those investigation records that relate to her interference allegations, and thus suggests the Court conduct an in camera review of the materials and only allow her access to those records that are pertinent to…”
In Re Jud. Misconduct, 623 F.3d 1101 (9th Cir. 2010). “This order is not grounded on nor do we take a position on whether complainant may have violated 28 U.S.C. § 360 . This published order will *1103 constitute a public reprimand of Cyrus Sanai in the form of a published opinion in West's Federal Reporter.”
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