Copr. West 2003 No Claim to Orig. U.S. Govt. Works



28 USCA 351

28 U.S.C.A. 351

UNITED STATES CODE ANNOTATED

TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE

PART I--ORGANIZATION OF COURTS

CHAPTER 16--COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

351. Complaints; judge defined



(a) Filing of complaint by any person. --Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of office by reason of mental or physical disability, may file with the clerk of the court of appeals for the circuit a written complaint containing a brief statement of the facts constituting such conduct.



(b) Identifying complaint by chief judge. --In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the chief judge of the circuit, the chief judge may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint.



(c) Transmittal of complaint. --Upon receipt of a complaint filed under subsection (a), the clerk shall promptly transmit the complaint to the chief judge of the circuit, or, if the conduct complained of is that of the chief judge, to that circuit judge in regular active service next senior in date of commission (hereafter, for purposes of this chapter only, included in the term "chief judge"). The clerk shall simultaneously transmit a copy of the complaint to the judge whose conduct is the subject of the complaint. The clerk shall also transmit a copy of any complaint identified under subsection (b) to the judge whose conduct is the subject of the complaint.



(d) Definitions. --In this chapter--


(1) the term "judge" means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and


(2) the term "complainant" means the person filing a complaint under subsection (a) of this section.


CREDIT(S)


(Added
Pub.L. 107-273, Div. C, Title I, 11042(a) , Nov. 2, 2002, 116 Stat. 1848.)


< General Materials (GM) - References, Annotations, or Tables >



HISTORICAL AND STATUTORY NOTES


Revision Notes and Legislative Reports


2002 Acts. House Conference Report No. 107-685 and Statement by President, see 2002 U.S. Code Cong. and Adm. News, p. 1120.


Severability


Pub.L. 107-273, Div. C, Title I, Subtitle C, 11044 , Nov. 2, 2002, 116 Stat. 1856, provided that: "If any provision of this subtitle, an amendment made by this subtitle [enacting this chapter and amending 28 U.S.C.A. 331 , 332 , 372 , 375 , and 604 , and 38 U.S.C.A. 7253 ], or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance shall not be affected thereby."


American Digest System


Judges 11(5).


Key Number System Topic No. 227.


Corpus Juris Secundum



28 U.S.C.A. 351, 28 USCA 351



Current through P.L. 108-79, approved 09-04-03


Copr. West Group 2003. No claim to Orig. U.S. Govt. Works.


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