Title 28Judiciary and Judicial ProcedureRelease 119-73

§352 Review of complaint by chief judge

Title 28 › Part PART I— - ORGANIZATION OF COURTS › Chapter CHAPTER 16— - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE › § 352

Last updated Apr 6, 2026|Official source

Summary

The chief judge must quickly review any complaint brought under the rules. The judge can do a short check to see if the problem can be fixed without a full investigation, or if the complaint is clearly false or cannot be proved. After that review, the chief judge can write an order explaining the decision and either dismiss the complaint if it doesn’t meet filing rules, is about the merits of a judge’s decision or how a case was handled, is frivolous or has no real evidence, or is disproved by objective proof; or the chief judge can end the matter if the problem has been fixed or the complaint is no longer needed. A complainant or a judge unhappy with the chief judge’s final order can ask the circuit’s judicial council to review it. If the council denies the petition, that denial is final and cannot be appealed in court. The council may send the petition to a panel of at least 5 members, at least 2 of whom must be district judges, under the council’s rules.

Full Legal Text

Title 28, §352

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)The chief judge shall expeditiously review any complaint received under section 351(a) or identified under section 351(b). In determining what action to take, the chief judge may conduct a limited inquiry for the purpose of determining—
(1)whether appropriate corrective action has been or can be taken without the necessity for a formal investigation; and
(2)whether the facts stated in the complaint are either plainly untrue or are incapable of being established through investigation.
(b)After expeditiously reviewing a complaint under subsection (a), the chief judge, by written order stating his or her reasons, may—
(1)dismiss the complaint—
(A)if the chief judge finds the complaint to be—
(i)not in conformity with section 351(a);
(ii)directly related to the merits of a decision or procedural ruling; or
(iii)frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations which are incapable of being established through investigation; or
(B)when a limited inquiry conducted under subsection (a) demonstrates that the allegations in the complaint lack any factual foundation or are conclusively refuted by objective evidence; or
(2)conclude the proceeding if the chief judge finds that appropriate corrective action has been taken or that action on the complaint is no longer necessary because of intervening events.
(c)A complainant or judge aggrieved by a final order of the chief judge under this section may petition the judicial council of the circuit for review thereof. The denial of a petition for review of the chief judge’s order shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise.
(d)Each judicial council may, pursuant to rules prescribed under section 358, refer a petition for review filed under subsection (c) to a panel of no fewer than 5 members of the council, at least 2 of whom shall be district judges.

Reference

Citations & Metadata

Citation

28 U.S.C. § 352

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73