Complaint Of Judicial Misconduct Or Disability Under 28 U.s.c. 372(C) - Judicial Council Of The Eleventh Circuit Page 23

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(B) In any case in which the judicial council determines, on the basis of a complaint and an
investigation under this subsection, or on the basis of information otherwise available to the council,
that a judge appointed to hold office during good behavior may have engaged in conduct -- (i) which
might constitute one or more grounds for impeachment under article II of the Constitution; or (ii)
which, in the interest of justice, is not amenable to resolution by the judicial council, the judicial
council shall promptly certify such determination, together with any complaint and a record of any
associated proceedings, to the Judicial Conference of the United States.
(C) A judicial council acting under authority of this paragraph shall, unless contrary to the interests
of justice, immediately submit written notice to the complainant and to the judge or magistrate
whose conduct is the subject of the action taken under this paragraph.
(8)(A) Upon referral or certification of any matter under paragraph (7) of this subsection, the
Judicial Conference, after consideration of the prior proceedings and such additional investigation
as it considers appropriate, shall by majority vote take such action, as described in paragraph (6)(B)
of this subsection, as it considers appropriate.
If the Judicial Conference concurs in the
determination of the council, or makes its own determination, that consideration of impeachment
may be warranted, it shall so certify and transmit the determination and the record of proceedings
to the House of Representatives for whatever action the House of Representatives considers to be
necessary.
Upon receipt of the determination and record of proceedings in the House of
Representatives, the Clerk of the House of Representatives shall make available to the public the
determination and any reasons for the determination.
(B) If a judge or magistrate has been convicted of a felony and has exhausted all means of obtaining
direct review of the conviction, or the time for seeking further direct review of the conviction has
passed and no such review has been sought, the Judicial Conference may, by majority vote and
without referral or certification under paragraph (7), transmit to the House of Representatives a
determination that consideration of impeachment may be warranted, together with appropriate court
records, for whatever action the House of Representatives considers to be necessary.
(9)(A) In conducting any investigation under this subsection, the judicial council, or a special
committee appointed under paragraph (4) of this subsection, shall have full subpoena powers as
provided in section 332(d) of this title.
(B) In conducting any investigation under this subsection, the Judicial Conference, or a standing
committee appointed by the Chief Justice under section 331 of this title, shall have full subpoena
powers as provided in that section.
(10) A complainant, judge, or magistrate aggrieved by a final order of the chief judge under
paragraph (3) of this subsection may petition the judicial council for review thereof. A complainant,
judge, or magistrate aggrieved by an action of the judicial council under paragraph (6) of this
subsection may petition the Judicial Conference of the United States for review thereof. The Judicial
Conference, or the standing committee established under section 331 of this title, may grant a
petition filed by a complainant, judge, or magistrate under this paragraph. Except as expressly
provided in this paragraph, all orders and determinations, including denials of petitions for review,
shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise.

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