§352 Review of Complaint by Chief Judge

Summary

The chief judge must quickly review any complaint filed under section 351(a) or found under section 351(b). The judge can do a short check to see if a fix can be made without a full investigation or to decide if the complaint is clearly false or cannot be proved. The chief judge may ask the judge accused of misconduct to send a written reply (the complainant won’t get that reply unless the accused judge agrees), talk with the people involved, and look at transcripts or other records. The chief judge must not try to decide facts that are clearly disputed. After that quick review, the chief judge must write an order giving reasons and may dismiss the complaint if it’s the wrong kind of complaint under section 351(a), is about the merits or a ruling, is frivolous or lacks evidence, or is shown to be baseless by the short check. The chief judge can also end the case if a correction has been made or the issue is moot. The order must be sent to both the complainant and the judge complained about. Either person can ask the circuit’s judicial council to review the chief judge’s final order, but if the council denies review that denial is final and cannot be appealed. The council may send a petition to a panel of no fewer than 5 members, at least 2 of whom must be district judges, under rules in section 358.