28 U.S.C. § 352 : US Code - Section 352: Review of complaint by chief judge

Search 28 U.S.C. § 352 : US Code - Section 352: Review of complaint by chief judge

(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.