Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§353 Special committees

Title 28 › Part PART I— - ORGANIZATION OF COURTS › Chapter CHAPTER 16— - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE › § 353

Last updated Apr 6, 2026|Official source

Summary

If the chief judge does not enter an order under section 352(b), the chief judge must quickly form a special committee. The chief judge must put themself on the committee and pick equal numbers of circuit and district judges. The committee members must get the complaint and related papers. The chief judge must also send written notice to the person who complained and to the judge being investigated. A committee member may keep serving if they become a senior judge. The chief judge may keep serving after their term ends under section 45(a)(3) or (c). If a member dies or retires under section 371(a), the chief judge may name a replacement. The committee must investigate as much as needed and quickly send a full written report to the circuit’s judicial council with its findings and recommended actions.

Full Legal Text

Title 28, §353

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)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.

(b)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)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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 353

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73