28 U.S. Code § 354 - Action by judicial council
Action by judicial council
(a) Actions Upon Receipt of Report.—
(1)Actions.—The judicial council of a circuit, upon receipt of a report filed under section 353(c)—
(2) Description of possible actions if complaint not dismissed.—
(A)In general.—Action by the judicial council under paragraph (1)(C) may include—
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;
(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—
certifying disability of the judge pursuant to the procedures and standards provided under section 372(b); and
requesting that the judge voluntarily retire, with the provision that the length of service requirements under section 371 of this title shall not apply.
(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) Referral to Judicial Conference.—
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—
which might constitute one or more grounds for impeachment under article II of the Constitution, or
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.
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