(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 numbers of circuit and district judges of the circuit to a special committee to investigate the facts and allegations contained in the complaint;
(2) certify the complaint and any other documents pertaining thereto to each member of such committee; and
(3) provide written notice to the complainant and the judge whose conduct is the subject of the complaint of the action taken under this subsection.
Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.
Terms Used In 28 USC 353
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(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 committee.
(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 investigation and the committee’s recommendations for necessary and appropriate action by the judicial council of the circuit.
