Page:United States Statutes at Large Volume 116 Part 3.djvu/261

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PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1853 "§ 357. Review of orders and actions "(a) REVIEW OF ACTION OF JUDICIAL COUNCIL.—A complainant or judge aggrieved by an action of the judicial council under section 354 may petition the Judicial Conference of the United States for review thereof. "(b) ACTION OF JUDICIAL CONFERENCE.— The Judicial Conference, or the standing committee established under section 331, may grant a petition filed by a complainant or judge under subsection (a). "(c) No JUDICIAL REVIEW. —Except as expressly provided in this section and section 352(c), all orders and determinations, including denials of petitions for review, shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise. "§ 358. Rules "(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 Notice. 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. "§ 359. Restrictions "(a) RESTRICTION ON INDIVIDUALS WHO ARE SUBJECT OF INVES- TIGATION. —No judge whose conduct is the subject of an investigation under this chapter shall serve upon a special committee appointed under section 353, upon a judicial council, upon the Judicial Conference, or upon the standing committee established under section 331, until all proceedings under this chapter relating to such investigation have been finally terminated. "(b) AMICUS CURIAE. —No person shall be granted the right to intervene or to appear as amicus curiae in any proceeding before a judicial council or the Judicial Conference under this chapter.