Title 28Judiciary and Judicial ProcedureRelease 119-73not60

§354 Action by Judicial Council

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

Last updated Apr 5, 2026|Official source

Summary

When the circuit's judicial council gets a report about a judge, it can investigate more, dismiss the complaint, or, if it keeps the complaint, take whatever steps it thinks are needed to keep the courts working well and quickly. Those steps can include temporarily stopping new case assignments to the judge, privately or publicly censuring or reprimanding the judge, and, for judges appointed to hold office during good behavior, certifying a disability or asking the judge to retire voluntarily without applying the usual length-of-service rule. For magistrate judges the council can tell the district’s chief judge what to do, and removals of magistrate or bankruptcy judges must follow their own rules. The council may not remove a judge appointed to hold office during good behavior. It may also send complaints and its recommendations to the Judicial Conference. The council must promptly give written notice to the person who complained and to the judge about any action, unless telling them would harm the interests of justice.

Full Legal Text

Title 28, §354

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)(1)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)(A)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)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)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)(A)Under no circumstances may the judicial council order removal from office of any judge appointed to hold office during good behavior.
(B)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)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)(1)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)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,
(3)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 28Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60