Page:United States Statutes at Large Volume 94 Part 2.djvu/758

 94 STAT. 2036

28 USC app.

PUBLIC LAW 96-458—OCT. 15, 1980

"(1) Each member of the council shall attend each council meeting unless excused by the chief judge of the circuit.". (b) Section 332(c) of title 28, United States Code, is amended by striking out "quarterly" and inserting in lieu thereof "semiannually". (c) Section 332(d) of title 28, United States Code, is amended to read as follows: "(d)(1) Each judicial council shall make all necessary and appropriate orders for the effective and expeditious administration of justice within its circuit. Each council is authorized to hold hearings, to take sworn testimony, and to issue subpoenas and subpoenas duces tecum. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the court of appeals, at the direction of the chiefjudge of the circuit or his designee and under the seal of the court, and shall be served in the manner provided in rule 45(c) of the Federal Rules of Civil Procedure for subpoenas and subpoenas duces tecum issued on behalf of the United States or an officer or agency thereof. "(2) All judicial officers and employees of the circuit shall promptly carry into effect all orders of the judicial council. "(3) Unless an impediment to the administration of justice is involved, regular business of the courts need not be referred to the council.". (d)(1) The section heading for section 332 of title 28, United States Code, is amended to read as follows: "§332. Judicial councils of circuits". (2) The item relating to section 332 in the section analysis for chapter 15 of title 28, United States Code, is amended to read as follows: "332. Judicial councils of circuits.". PROCEDURES WITHIN JUDICIAL COUNCILS

Complaints.

SEC. 3. (a) Section 372 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: "(c)(1) Any person alleging that a circuit, district, or bankruptcy judge, or a magistrate, has engaged in conduct prejudicial to the. effective and expeditious administration of the business of the courts, or alleging that such a judge or magistrate is unable to discharge all the duties of office by reason of mental or physical disability, may file with the clerk of the court of appeals for the circuit a written complaint containing a brief statement of the facts constituting such conduct. "(2) Upon receipt of a complaint filed under paragraph (1) of this subsection, the clerk shall promptly transmit such complaint to the chiefjudge 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 subsection only, included in the term 'chief judge'). The clerk shall simultaneously transmit a copy of the complaint to the judge or magistrate whose conduct is the subject of the complaint. "(3) After expeditiously reviewing a complaint, the chief judge, by written order stating his reasons, may— "(A) dismiss the complaint, if he finds it to be (i) not in conformity with paragraph (1) of this subsection, (ii) directly related to the merits of a decision or procedural ruling, or (iii) frivolous; or

�