Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§355 Action by Judicial Conference

Title 28 › Part I— ORGANIZATION OF COURTS › Chapter 16— COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE › § 355

Last updated Apr 5, 2026|Official source

Summary

When a case is sent to the Judicial Conference under the related referral rules, the Conference must review what has already happened and any extra facts it wants to check. By a majority vote, it must then take whatever actions the law allows for those cases. If the Judicial Conference agrees with a judicial council or decides on its own that impeachment might be appropriate, it must certify that decision and send the decision and the case record to the House of Representatives. When the House gets those papers, the Clerk of the House must make the decision and the reasons public. If a judge has been convicted of a felony under State or Federal law and has no more direct appeal options (either all appeals are used or the time for appeal has passed), the Judicial Conference may, by majority vote and without a prior referral, send a finding that impeachment may be warranted and the court records to the House.

Full Legal Text

Title 28, §355

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Upon referral or certification of any matter under section 354(b), the Judicial Conference, after consideration of the prior proceedings and such additional investigation as it considers appropriate, shall by majority vote take such action, as described in section 354(a)(1)(C) and (2), as it considers appropriate.

(b)(1)If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that consideration of impeachment may be warranted, it shall so certify and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers to be necessary. Upon receipt of the determination and record of proceedings in the House of Representatives, the Clerk of the House of Representatives shall make available to the public the determination and any reasons for the determination.

(2)If a judge has been convicted of a felony under State or Federal law and has exhausted all means of obtaining direct review of the conviction, or the time for seeking further direct review of the conviction has passed and no such review has been sought, the Judicial Conference may, by majority vote and without referral or certification under section 354(b), transmit to the House of Representatives a determination that consideration of impeachment may be warranted, together with appropriate court records, for whatever action the House of Representatives considers to be necessary.

Reference

Citations & Metadata

Citation

28 U.S.C. § 355

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60