Title 28, Judiciary and Judicial ProcedureRelease 119-110

§358 Rules

Title 28 › PART I — ORGANIZATION OF COURTS › CHAPTER 16 — COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE › § 358

Last updated Sep 22, 2026|Official source

Summary

Each judicial council and the Judicial Conference may make rules for how proceedings under this chapter are run, including how petitions for review are handled. Those rules must say that a judge under investigation gets written notice in advance; the judge can appear in person or with a lawyer, present and challenge evidence, call witnesses or demand documents, cross-examine witnesses, and make oral or written arguments; and the complainant can be allowed to appear if the panel thinks they could give important information. Rules can only be made or changed after public notice and a chance to comment. The rules must be public, a Judicial Conference can change a council’s rule, and no rule can shorten the time someone has to file a complaint.

Full Legal Text

Title 28, §358

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)In General.—

Each judicial council and the Judicial Conference may prescribe such rules for the conduct of proceedings under this chapter, including the processing of petitions for review, as each considers to be appropriate.

(b)Required Provisions.—

Rules prescribed under subsection (a) shall contain provisions requiring that—

(1)adequate prior notice of any investigation be given in writing to the judge whose conduct is the subject of a complaint under this chapter;

(2)the judge whose conduct is the subject of a complaint under this chapter be afforded an opportunity to appear (in person or by counsel) at proceedings conducted by the investigating panel, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing; and

(3)the complainant be afforded an opportunity to appear at proceedings conducted by the investigating panel, if the panel concludes that the complainant could offer substantial information.

(c)Procedures.—

Any rule prescribed under this section shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such rule shall be a matter of public record, and any such rule promulgated by a judicial council may be modified by the Judicial Conference. No rule promulgated under this section may limit the period of time within which a person may file a complaint under this chapter.

Reference

Citations & Metadata

Citation

28 U.S.C. § 358

Title 28, Judiciary and Judicial Procedure

Last Updated

Sep 22, 2026

Release point: 119-110