Page:United States Statutes at Large Volume 84 Part 1.djvu/555

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

" (d) I t shall be the duty of the United States marshals upon the request of the Commission to serve process and to execute all lawful orders of the Commission. "(e) Each witness, other than an officer or employee of the United States or the District of Columbia, shall receive for his attendance the same fees, and all witnesses shall receive the allowances, prescribed by section 15-714 for witnesses in civil cases. The amount shall be paid by the Commission from funds appropriated to it. "§11-1528. Privilege; confidentiality " (a) The filing of papers with and the giving of testimony before the Commission shall be privileged. I^nless otherwise authorized by the judge whose conduct or health is the subject of the proceedings under this subchapter, the hearings before the Commission, the record thereof, and all papers filed in connection with such hearings shall be confidential. But on prosecution of a witness for perjury or on review of a decision of the Commission, the record of hearings before the (Commission and all papers filed in connection therewith shall be disclosed to the extent required for the prosecution or review. "(b) If the Commission determines that no grounds for removal or involuntary retirement exist it shall notify the judge and inquire whether he desires the Commission to make available to the public information pertaining to the nature of its investigation, its hearings, findings, determinations, or any other fact related to its proceedings I'egarding his health or conduct. Upon receipt of such request in writing from the judge, the Commission shall make such information available to the public. "§ 11-1529. Judicial review " (a) A judge aggrieved by an order of removal or retirement filed by the Commissicm pursuant to subsection (a) or (b) of section 11-1526 may seek judicial review thereof by filing notice of appeal with the Chief Justice of the United States. Xotice of appeal shall be filed witliin 80 days of the filing of the order of the Commission in the District of Columbia Court of Appeals. " (b) Upon receipt of notice of appeal from an order of the Commission, the Chief Justice shall convene a special court consisting of three Federal judges designated from among active or retired judges of the Ignited States Court of Appeals for the District of Columbia Circuit and the United States District Court for the District of Columbia. "(c) The special court shall review the order of the Connnission appealed from and, to the extent necessary to decision and when pi'esented, shall decide all relevant questions of law and interpret constitutional and statutory provisions. Within 90 days after oral argument or submission on the briefs if oral argument is waived, the special court shall affirm or reverse the order of the (Commission or remand the matter to the Commission for further proceedings. " (d) The special court shall hold unlawful and set aside a Commission order or determination found to be— "(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; "(2) contrary to constitutional right, power, privilege, or ininnmity; "(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; "(4) without observance of procedure required by law; or "(5) unsupported by substantial evidence. In making the foregoing determinations, the special court shall re\iew

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