Page:United States Statutes at Large Volume 94 Part 2.djvu/759

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-458—OCT. 15, 1980

94 STAT. 2037

"(B) conclude the proceeding if he finds that appropriate corrective action has been taken. The chief judge shall transmit copies of his written order to the complainant and to the judge or magistrate whose conduct is the subject of the complaint. "(4) If the chief judge does not enter an order under paragraph (3) of this subsection, such judge shall promptly— "(A) appoint himself 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; "(B) certify the complaint and any other documents pertaining thereto to each member of such committee; and "(C) provide written notice to the complainant and the judge or magistrate whose conduct is the subject of the complaint of the action taken under this paragraph. "(5) Each committee appomted under paragraph (4) of this subsection 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. "(6) Upon receipt of a report filed under paragraph (5) of this subsection, the judicial council— "(A) may conduct any additional investigation which it considers to be necessary; "(B) shall t ^ e such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the circuit, including, but not limited to, any of the following actions: "(i) directing the chief judge of the district of the magistrate whose conduct is the subject of the complaint to take such action as the judicial council considers appropriate; "(ii) certifying disability of a judge appointed to hold office during good behavior whose conduct is the subject of the complaint, pursuant to the procedures and standards provided under subsection (b) of this section; "(iii) requesting that any such judge appointed to hold office during good behavior voluntarily retire, with the provision that the length of service requirements under section 371 of this title shall not apply; "(iv) ordering that, on a temporary basis for a time certain, no further cases be assigned to any judge or magistrate whose conduct is the subject of a complaint; "(v) censuring or reprimanding such judge or magistrate by means of private communication; "(vi) censuring or reprimanding such judge or magistrate by means of public announcement; or "(vii) ordering such other action as it considers appropriate under the circumstances, except that (I) in no circumstances may the council order removal from office of any judge appointed to hold office during good behavior, and (II) any removal of a magistrate shall be in accordance with section 631 of this title and any removal of a banlcruptcy judge shall be in accordance with section 153 of this title; and "(C) shall immediately provide written notice to the complainant and to such judge or magistrate of the action taken under this paragraph.

Special committee.

investigation.

28 USC 371.

28 USC 631. 28 USC 153.