“To amend chapter 16 of title 28, United States Code with respect to the effect of a vacancy of office on complaints against judges.”
No CRS summary available for this bill.
This section amends the Judicial Conduct and Disability Act (28 USC 351 et seq.), which governs complaints of misconduct by Article III federal judges, to require proceedings to continue notwithstanding the subject judge's resignation, retirement under 28 USC ch. 17, or death. Specifically, it (1) adds a new subsection (e) to 28 USC 352 prohibiting the chief judge from dismissing such a complaint under 352(b)(1) or deeming further action unnecessary under 352(b)(2) based on the vacancy; and (2) amends 28 USC 353(c) to require special committees to complete investigations and file reports regardless of the vacancy. (Thus, proceedings may result in public findings of misconduct even after the judge leaves office.)