1 5 "(7) The Conference, after consideration of the prior 2 proceedings and such additional investigation as it deems ap3 propriate, shall take such action as it deems appropriate by 4 majority vote. If it concurs in the determination of the coun5 cil, or makes its own determination, that consideration of im6 peachment may be warranted, it shall so certify and transmit 7 the determination and the record of proceedings to the House 8 of Representatives for whatever action the House of Repre9 sentatives may deem to be necessary. 10 "(8) In conducting any investigation under this subsec 11 tion the judicial council, or a special committee appointed 12 under paragraph (4) of this subsection, shall have full sub13 pena powers as provided in subsection (d). 14 "(9) A complainant aggrieved by a final order of the 15 chief judge under paragraph (3) of this subsection may peti16 tion the judicial council for review thereof. A judge or magis17 trate aggrieved by an action of the judicial council under 18 paragraph (5) of this subsection may petition the Judicial 19 Conference of the United States for review thereof. Except 20 as expressly provided herein, all orders and determinations, 21 including denials of petitions for review, shall be final and 22 conclusive and shall not be reviewable on appeal or other23 wise. 24 "(10) Each judicial council may prescribe such rules for 25 the conduct of proceedings under this subsection, including 6 1 the processing of petitions for review, as it deems to be ap 2 propriate: Provided, That 3 4 5 6 7 8 9 10 11 121 13 14 “(A) adequate prior notice of any investigation shall be given in writing to the judge or magistrate whose conduct is the subject of the investigation; and "(B) the judge or magistrate whose conduct is the subject of the investigation shall be afforded an opportunity to appear at procedings conducted by the investigating panel, in person or by counsel, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing. "(11) No judge or magistrate whose conduct is the sub15 ject of an investigation authorized by this subsection shall 16 serve upon a special committee appointed under paragraph 17 (4) or upon the judicial council until all related proceedings 18 under this subsection have been finally terminated. 19 "(12) Except as expressly provided herein, nothing in 20 this subsection shall be construed to affect in any way any 21 other provision of this title, the Federal Rules of Civil Proce22 dure, the Federal Rules of Criminal Procedure, the Federal 23 Rules of Appellate Procedure, or the Federal Rules of 24 Evidence. 7 1 "(13) All papers, documents, and records of proceedings 2 related to investigations conducted under this subsection shall 3 be confidential and privileged against disclosure by any 4 person in any proceeding: Provided, That, notwithstanding 5 that prohibition, the judicial council of the circuit, the Judi6 cial Conference of the United States, or the Congress may 7 release any such material which is believed necessary to an 8 impeachment investigation or trial of a judge under article I 9 of the Constitution.". 10 (b) The table of sections for chapter 17 of title 28, 11 United States Code, is amended by amending the item relat12 ing to section 372 to read as follows: 13 "372. Retirement for disability; substitute judge on failure to retire; judicial discipline.". SEC. 3. There are authorized to be appropriated such 14 sums as may be necessary to carry out this Act. 15 16 1980. SEC. 4. This Act shall become effective on October 1, 1 AN ACT To establish a procedure for the processing of complaints Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 4 SHORT TITLE SECTION 1. This Act may be cited as the "Judicial 5 Conduct and Disability Act of 1979". PROCEDURES WITHIN JUDICIAL COUNCILS; COURT ON JUDICIAL CONDUCT AND DISABILITY 6 7 8 SEC. 2. (a) Section 372 of title 28, United States Code, 9 is amended by adding the following at the end of the section: 1 2 "(c)(1) Any person may file a written complaint against 2 a judge, as defined in paragraph (2), with the judicial council 3 of the circuit in which the judge serves, alleging that— 4 5 6 7 8 9 10 "(A) the judge is, or has been, unable to discharge efficiently all the duties of his or her office by reason of mental or physical disability; or "(B) the judge is engaging, or has engaged, in conduct inconsistent with the effective and expeditious administration of the business of the courts. "(2) For the purposes of this subsection through subsec 11 tion (0), other than subsections (g) and (j), ‘judge' means a 12 judge of a court of appeals or a district court. 13 "(3) Complaints which are outside the jurisdiction of the 14 judicial council include, but are not limited to, complaints re15 lating to the merits of any decisional or procedural ruling of a 16 judge, or any matter reviewable under any other provision of 17 law on the record. The judicial council shall dismiss any com18 plaint which is outside its jurisdiction. 19 "(4) The judicial council shall, with respect to judges 20 within its circuit, process and investigate each complaint not 21 dismissed under paragraph (3), and may investigate on its 22 own motion any other allegation which meets the standards 23 provided in subparagraph (A) or (B) of paragraph (1). After 24 investigation on its own motion, the judicial council may, if 25 appropriate, file a complaint under paragraph (1). The judi |