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28 USCA § 355

28 U.S.C.A. § 355

TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE

CHAPTER 16--COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

§ 355. Action by Judicial Conference

(a) In general. --Upon referral or certification of any matter under section 354(b), the Judicial Conference, after consideration of the prior proceedings and such additional investigation as it considers appropriate, shall by majority vote take such action, as described in section 354(a)(1)(C) and (2), as it considers appropriate.

(b) If impeachment warranted.--

(1) In general. --If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that consideration of impeachment may be warranted, it shall so certify and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers to be necessary. Upon receipt of the determination and record of proceedings in the House of Representatives, the Clerk of the House of Representatives shall make available to the public the determination and any reasons for the determination.

(2) In case of felony conviction. --If a judge has been convicted of a felony under State or Federal law and has exhausted all means of obtaining direct review of the conviction, or the time for seeking further direct review of the conviction has passed and no such review has been sought, the Judicial Conference may, by majority vote and without referral or certification under section 354(b), transmit to the House of Representatives a determination that consideration of impeachment may be warranted, together with appropriate court records, for whatever action the House of Representatives considers to be necessary.

CREDIT(S)

(Added Pub.L. 107-273, Div. C, Title I, § 11042(a) , Nov. 2, 2002, 116 Stat. 1852.)

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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 of Provisions

If any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application thereof to any person or circumstance shall not be affected thereby, see section 11044 of Pub.L. 107-273 , set out as a note under 28 U.S.C.A. § 351 .

American Digest System

Judges 11(5).

Key Number System Topic No. 227.

Corpus Juris Secundum

28 U.S.C.A. § 355, 28 USCA § 355

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

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