Page:United States Statutes at Large Volume 116 Part 3.djvu/257

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PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1849 "(b) IDENTIFYING COMPLAINT BY CHIEF JUDGE. —In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the chief judge of the circuit, the chief judge may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint. "(c) TRANSMITTAL OF COMPLAINT.— Upon receipt of a complaint filed under subsection (a), the clerk shall promptly transmit the complaint to the chief judge of the circuit, or, if the conduct complained of is that of the chief judge, to that circuit judge in regular active service next senior in date of commission (hereafter, for purposes of this chapter only, included in the term 'chief judge'). The clerk shall simultaneously transmit a copy of the complaint to the judge whose conduct is the subject of the complaint. The clerk shall also transmit a copy of any complaint identified under subsection (b) to the judge whose conduct is the subject of the complaint. "(d) DEFINITIONS. —In this chapter— "(1) the term 'judge' means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and "(2) the term 'complainant' means the person filing a complaint under subsection (a) of this 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 99-194O-03-9:QL3Part3