2011 US Code
Title 28 - Judiciary and Judicial Procedure
Part I - ORGANIZATION OF COURTS (§§ 1 - 482)
Chapter 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE (§§ 351 - 364)
Section 352 - Review of complaint by chief judge
|Publication Title||United States Code, 2006 Edition, Supplement 5, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
PART I - ORGANIZATION OF COURTS
CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE
Sec. 352 - Review of complaint by chief judge
|Laws in Effect as of Date||January 3, 2012|
|Source Credit||Added Pub. L. 107-273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1849.|
|Statutes at Large Reference||116 Stat. 1849|
|Public Law Reference||Public Law 107-273|
(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.
(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.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1849.)
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