Title 28, Judiciary and Judicial ProcedureRelease 119-110

§354 Action by Judicial Council

Title 28 › PART I — ORGANIZATION OF COURTS › CHAPTER 16 — COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE › § 354

Last updated Sep 22, 2026|Official source

Summary

When a judicial council gets a report under section 353(c), it may look into the matter more, dismiss the complaint, or if it keeps the complaint must act to keep the courts in the circuit running well and quickly. Actions can include temporarily stopping new case assignments to the judge, privately or publicly reprimanding the judge, and, for judges appointed to hold office during good behavior (Article III judges), formally finding a disability under section 372(b) or asking the judge to retire voluntarily without meeting the service rules in section 371. For magistrate judges the council can tell the district’s chief judge what to do. The council cannot remove Article III judges. Any removal of a magistrate judge must follow section 631, and removal of a bankruptcy judge must follow section 152. The council may send a complaint, its record, and recommendations to the Judicial Conference of the United States under section 351. If the council thinks an Article III judge may have done something that could be grounds for impeachment under Article II, or the matter can’t be fixed by the council, it must promptly report the complaint and record to the Judicial Conference. The council must give written notice of actions to the complainant and the judge unless doing so would harm the interests of justice.

Full Legal Text

Title 28, §354

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Actions Upon Receipt of Report.—

(1)Actions.—

The judicial council of a circuit, upon receipt of a report filed under section 353(c)—

(A)may conduct any additional investigation which it considers to be necessary;

(B)may dismiss the complaint; and

(C)if the complaint is not dismissed, shall take such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the circuit.

(2)Description of possible actions if complaint not dismissed.—

(A)In general.—

Action by the judicial council under paragraph (1)(C) may include—

(i)ordering that, on a temporary basis for a time certain, no further cases be assigned to the judge whose conduct is the subject of a complaint;

(ii)censuring or reprimanding such judge by means of private communication; and

(iii)censuring or reprimanding such judge by means of public announcement.

(B)For article iii judges.—

If the conduct of a judge appointed to hold office during good behavior is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include—

(i)certifying disability of the judge pursuant to the procedures and standards provided under section 372(b); and

(ii)requesting that the judge voluntarily retire, with the provision that the length of service requirements under section 371 of this title shall not apply.

(C)For magistrate judges.—

If the conduct of a magistrate judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include directing the chief judge of the district of the magistrate judge to take such action as the judicial council considers appropriate.

(3)Limitations on judicial council regarding removals.—

(A)Article iii judges.—

Under no circumstances may the judicial council order removal from office of any judge appointed to hold office during good behavior.

(B)Magistrate and bankruptcy judges.—

Any removal of a magistrate judge under this subsection shall be in accordance with section 631 and any removal of a bankruptcy judge shall be in accordance with section 152.

(4)Notice of action to judge.—

The judicial council shall immediately provide written notice to the complainant and to the judge whose conduct is the subject of the complaint of the action taken under this subsection.

(b)Referral to Judicial Conference.—

(1)In general.—

In addition to the authority granted under subsection (a), the judicial council may, in its discretion, refer any complaint under section 351, together with the record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference of the United States.

(2)Special circumstances.—

In any case in which the judicial council determines, on the basis of a complaint and an investigation under this chapter, or on the basis of information otherwise available to the judicial council, that a judge appointed to hold office during good behavior may have engaged in conduct—

(A)which might constitute one or more grounds for impeachment under article II of the Constitution, or

(B)which, in the interest of justice, is not amenable to resolution by the judicial council,

the judicial council shall promptly certify such determination, together with any complaint and a record of any associated proceedings, to the Judicial Conference of the United States.

(3)Notice to complainant and judge.—

A judicial council acting under authority of this subsection shall, unless contrary to the interests of justice, immediately submit written notice to the complainant and to the judge whose conduct is the subject of the action taken under this subsection.

Reference

Citations & Metadata

Citation

28 U.S.C. § 354

Title 28, Judiciary and Judicial Procedure

Last Updated

Sep 22, 2026

Release point: 119-110