Page:United States Statutes at Large Volume 116 Part 3.djvu/258

 116 STAT. 1850 PUBLIC LAW 107-273—NOV. 2, 2002 "(B) when a limited inquiry conducted under subsection (a) demonstrates that the allegations in the complaint lack any factual foundation or are conclusively refuted by objective evidence; or "(2) conclude the proceeding if the chief judge finds that appropriate corrective action has been taken or that action on the complaint is no longer necessary because of intervening events. The chief judge shall transmit copies of the written order to the complainant and to the judge whose conduct is the subject of the complaint. "(c) REVIEW OF ORDERS OF CHIEF JUDGE.— ^A complainant or judge aggrieved by a final order of the chief judge under this section may petition the judicial council of the circuit for review thereof. The denial of a petition for review of the chief judge's order shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise. " (d) REFERRAL OF PETITIONS FOR REVIEW TO PANELS OF THE JUDICIAL COUNCIL.— Each judicial council may, pursuant to rules prescribed under section 358, refer a petition for review filed under subsection (c) to a panel of no fewer than 5 members of the council, at least 2 of whom shall be district judges. "§ 353. Special committees "(a) APPOINTMENT.—I f the chief judge does not enter an order under section 352(b), the chief judge shall promptly— "(1) appoint himself or herself 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; "(2) certify the complaint and any other documents pertaining thereto to each member of such committee; and "(3) provide written notice to the complainant and the judge whose conduct is the subject of the complaint of the action taken under this subsection. "(b) CHANGE IN STATUS OR DEATH OF JUDGES.— ^A judge appointed to a special committee under subsection (a) may continue to serve on that committee after becoming a senior judge or, in the case of the chief judge of the circuit, after his or her term as chief judge terminates under subsection (a)(3) or (c) of section 45. If a judge appointed to a committee under subsection (a) dies, or retires from office under section 371(a), while serving on the committee, the chief judge of the circuit may appoint another circuit or district judge, as the case may be, to the committee. Reports. " (c) INVESTIGATION BY SPECIAL COMMITTEE. —Each committee appointed under subsection (a) 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. "§ 354. 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)— "(A) may conduct any additional investigation which it considers to be necessary;

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