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the powers of the senior judge and circuit judges, respectively, of a circuit court of appeals. The revised section omits, as surplusage, the definition of "continental United States." Other provisions of section 450 of title 28, U.S.C., 1940 ed., referred to were omitted as unnecessary in view of section 604 of this title which provides for the powers and duties of the Director of the Administrative Office of the United States Courts. Remaining provisions of said section 450 are incorporated in said section 604 and section 610 of this title. The provision as to travel and subsistence which was contained in said section 449 of title 28, U.S.C., 1940 ed., is incorporated in section 456 of this title. AMENDMENTS 1996 - Pub. L. 104-134, Sec. 101[(a)] [title III, Sec. 305(1)], in first par. substituted "may" for "shall" before "summon biennially", "preside at such", and "also be summoned". Pub. L. 104-134, Sec. 101[(a)] [title III, Sec. 305(2)], in second par. substituted "may" for "shall" before "attend" and struck out ", and unless excused by the chief judge, shall remain throughout the conference" before period at end. 1990 - Pub. L. 101-650 substituted "biennially, and may summon annually," for "annually", struck out "the United States District Court for the District of the Canal Zone," after "The judges of", and substituted "the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands shall also be summoned biennially, and may be summoned annually," for "and the District Court of the Virgin Islands shall also be summoned annually". 1978 - Pub. L. 95-598 inserted reference to bankruptcy judges. 1958 - Pub. L. 85-508 struck out provisions which required judge of District Court for Territory of Alaska to be summoned annually to the conference of his circuit. See section 81A of this title which establishes a United States District Court for the State of Alaska. 1951 - Act Oct. 31, 1951, inserted reference to judge of District Court of Guam in first par. 1950 - Act Dec., 29, 1950, provided for the presence of judges of District Courts of Alaska, Canal Zone, and the Virgin Islands at annual conferences within their respective circuits. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. -TRANS- TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. -End- -CITE- 28 USC Sec. 334 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES -HEAD- Sec. 334. Institutes and joint councils on sentencing -STATUTE- (a) In the interest of uniformity in sentencing procedures, there is hereby authorized to be established under the auspices of the Judicial Conference of the United States, institutes and joint councils on sentencing. The Attorney General and/or the chief judge of each circuit may at any time request, through the Director of the Administrative Office of the United States Courts, the Judicial Conference to convene such institutes and joint councils for the purpose of studying, discussing, and formulating the objectives, policies, standards, and criteria for sentencing those convicted of crimes and offenses in the courts of the United States. The agenda of the institutes and joint councils may include but shall not be limited to: (1) The development of standards for the content and utilization of presentence reports; (2) the establishment of factors to be used in selecting cases for special study and observation in prescribed diagnostic clinics; (3) the determination of the importance of psychiatric, emotional, sociological and physiological factors involved in crime and their bearing upon sentences; (4) the discussion of special sentencing problems in unusual cases such as treason, violation of public trust, subversion, or involving abnormal sex behavior, addiction to drugs or alcohol, and mental or physical handicaps; (5) the formulation of sentencing principles and criteria which will assist in promoting the equitable administration of the criminal laws of the United States. (b) After the Judicial Conference has approved the time, place, participants, agenda, and other arrangements for such institutes and joint councils, the chief judge of each circuit is authorized to invite the attendance of district judges under conditions which he thinks proper and which will not unduly delay the work of the courts. (c) The Attorney General is authorized to select and direct the attendance at such institutes and meetings of United States attorneys and other officials of the Department of Justice and may invite the participation of other interested Federal officers. He may also invite specialists in sentencing methods, criminologists, psychiatrists, penologists, and others to participate in the proceedings. (d) The expenses of attendance of judges shall be paid from applicable appropriations for the judiciary of the United States. The expenses connected with the preparation of the plans and agenda for the conference and for the travel and other expenses incident to the attendance of officials and other participants invited by the Attorney General shall be paid from applicable appropriations of the Department of Justice. -SOURCE- (Added Pub. L. 85-752, Sec. 1, Aug. 25, 1958, 72 Stat. 845.) -MISC1- SENTENCING PROCEDURES Section 7 of Pub. L. 85-752 provided that: "This Act [enacting this section, sections 4208 and 4209 of Title 18, Crimes and Criminal Procedure, and provisions set out as a note under section 4208 of Title 18] does not apply to any offense for which there is provided a mandatory penalty." -End- -CITE- 28 USC Sec. 335 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES -HEAD- Sec. 335. Judicial Conference of the Court of International Trade -STATUTE- (a) The chief judge of the Court of International Trade is authorized to summon annually the judges of such court to a judicial conference, at a time and place that such chief judge designates, for the purpose of considering the business of such court and improvements in the administration of justice in such court. (b) The Court of International Trade shall provide by its rules for representation and active participation at such conference by members of the bar. -SOURCE- (Added Pub. L. 99-466, Sec. 2(a), Oct. 14, 1986, 100 Stat. 1190.) -MISC1- EFFECTIVE DATE Section effective 60 days after Oct. 14, 1986, see section 4 of Pub. L. 99-466, set out as an Effective Date of 1986 Amendment note under section 331 of this title. -End- -CITE- 28 USC CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE -HEAD- CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE -MISC1- Sec. 351. Complaints; judge defined. 352. Review of complaint by chief judge. 353. Special committees. 354. Action by judicial council. 355. Action by Judicial Conference. 356. Subpoena power. 357. Review of orders and actions. 358. Rules. 359. Restrictions. 360. Disclosure of information. 361. Reimbursement of expenses. 362. Other provisions and rules not affected. 363. Court of Federal Claims, Court of International Trade, Court of Appeals for the Federal Circuit. 364. Effect of felony conviction. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 331, 332, 375, 604 of this title; title 38 section 7253. -End- -CITE- 28 USC Sec. 351 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE -HEAD- Sec. 351. Complaints; judge defined -STATUTE- (a) Filing of Complaint by Any Person. - Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of office by reason of mental or physical disability, may file with the clerk of the court of appeals for the circuit a written complaint containing a brief statement of the facts constituting such conduct. (b) Identifying Complaint by Chief Judge. - In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the chief judge of the circuit, the chief judge may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint. (c) Transmittal of Complaint. - Upon receipt of a complaint filed under subsection (a), the clerk shall promptly transmit the complaint to the chief judge of the circuit, or, if the conduct complained of is that of the chief judge, to that circuit judge in regular active service next senior in date of commission (hereafter, for purposes of this chapter only, included in the term "chief judge"). The clerk shall simultaneously transmit a copy of the complaint to the judge whose conduct is the subject of the complaint. The clerk shall also transmit a copy of any complaint identified under subsection (b) to the judge whose conduct is the subject of the complaint. (d) Definitions. - In this chapter - (1) the term "judge" means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and (2) the term "complainant" means the person filing a complaint under subsection (a) of this section. -SOURCE- (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2, 2002, 116 Stat. 1848.) -MISC1- SEVERABILITY Pub. L. 107-273, div. C, title I, Sec. 11044, Nov. 2, 2002, 116 Stat. 1856, provided that: "If any provision of this subtitle [subtitle C (Secs. 11041-11044) of title I of div. C of Pub. L. 107-273, enacting this chapter, amending sections 331, 332, 372, 375, and 604 of this title, and section 7253 of Title 38, Veterans' Benefits, and enacting provisions set out as a note under section 1 of this title], an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance shall not be affected thereby." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 352, 354 of this title. -End- -CITE- 28 USC Sec. 352 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE -HEAD- Sec. 352. Review of complaint by chief judge -STATUTE- (a) Expeditious Review; Limited Inquiry. - The chief judge shall expeditiously review any complaint received under section 351(a) or identified under section 351(b). In determining what action to take, the chief judge may conduct a limited inquiry for the purpose of determining - (1) whether appropriate corrective action has been or can be taken without the necessity for a formal investigation; and (2) whether the facts stated in the complaint are either plainly untrue or are incapable of being established through investigation. For this purpose, the chief judge may request the judge whose conduct is complained of to file a written response to the complaint. Such response shall not be made available to the complainant unless authorized by the judge filing the response. The chief judge or his or her designee may also communicate orally or in writing with the complainant, the judge whose conduct is complained of, and any other person who may have knowledge of the matter, and may review any transcripts or other relevant documents. The chief judge shall not undertake to make findings of fact about any matter that is reasonably in dispute. (b) Action by Chief Judge Following Review. - After expeditiously reviewing a complaint under subsection (a), the chief judge, by written order stating his or her reasons, may - (1) dismiss the complaint - (A) if the chief judge finds the complaint to be - (i) not in conformity with section 351(a); (ii) directly related to the merits of a decision or procedural ruling; or (iii) frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations which are incapable of being established through investigation; or (B) when a limited inquiry conducted under subsection (a) demonstrates that the allegations in the complaint lack any factual foundation or are conclusively refuted by objective evidence; or (2) conclude the proceeding if the chief judge finds that appropriate corrective action has been taken or that action on the complaint is no longer necessary because of intervening events. The chief judge shall transmit copies of the written order to the complainant and to the judge whose conduct is the subject of the complaint. (c) Review of Orders of Chief Judge. - A complainant or judge aggrieved by a final order of the chief judge under this section may petition the judicial council of the circuit for review thereof. The denial of a petition for review of the chief judge's order shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise. (d) Referral of Petitions for Review to Panels of the Judicial Council. - Each judicial council may, pursuant to rules prescribed under section 358, refer a petition for review filed under subsection (c) to a panel of no fewer than 5 members of the council, at least 2 of whom shall be district judges. -SOURCE- (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2, 2002, 116 Stat. 1849.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 353, 357 of this title. -End- -CITE- 28 USC Sec. 353 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE -HEAD- Sec. 353. Special committees -STATUTE- (a) Appointment. - If the chief judge does not enter an order under section 352(b), the chief judge shall promptly - (1) appoint himself or herself and equal numbers of circuit and district judges of the circuit to a special committee to investigate the facts and allegations contained in the complaint; (2) certify the complaint and any other documents pertaining thereto to each member of such committee; and (3) provide written notice to the complainant and the judge whose conduct is the subject of the complaint of the action taken under this subsection. (b) Change in Status or Death of Judges. - A judge appointed to a special committee under subsection (a) may continue to serve on that committee after becoming a senior judge or, in the case of the chief judge of the circuit, after his or her term as chief judge terminates under subsection (a)(3) or (c) of section 45. If a judge appointed to a committee under subsection (a) dies, or retires from office under section 371(a), while serving on the committee, the chief judge of the circuit may appoint another circuit or district judge, as the case may be, to the committee. (c) Investigation by Special Committee. - Each committee appointed under subsection (a) shall conduct an investigation as extensive as it considers necessary, and shall expeditiously file a comprehensive written report thereon with the judicial council of the circuit. Such report shall present both the findings of the investigation and the committee's recommendations for necessary and appropriate action by the judicial council of the circuit. -SOURCE- (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2, 2002, 116 Stat. 1850.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 332, 354, 356, 359, 360 of this title. -End- -CITE- 28 USC Sec. 354 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE -HEAD- Sec. 354. Action by judicial council -STATUTE- (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. -SOURCE- (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2, 2002, 116 Stat. 1850.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 355, 357, 360, 361 of this title; title 38 section 7253. -End- -CITE- 28 USC Sec. 355 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE -HEAD- Sec. 355. Action by Judicial Conference -STATUTE- (a) In General. - 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) If Impeachment Warranted. - (1) In general. - 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) In case of felony conviction. - If a judge has been convicted of a felony under State or Federal law

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