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Prevents a judicial misconduct complaint from being dismissed just because the judge resigns, retires, or dies. It requires the judicial misconduct investigatory bodies to finish investigations and file reports even if the judge leaves office or passes away. The change amends provisions in title 28 to make clear that departure or death of a judge is not a reason to stop or treat a complaint as unnecessary; investigatory committees must complete their work and submit findings. The text does not create new funding or change what sanctions are available once a judge is no longer in office.
Adds a new subsection (e) to 28 U.S.C. §352 stating that the resignation, retirement from office under chapter 17, or death of a judge who is the subject of a complaint under section 351 shall not be grounds for dismissing the complaint under subsection (b)(1).
Adds a new subsection (e) to 28 U.S.C. §352 stating that the resignation, retirement from office under chapter 17, or death of a judge who is the subject of a complaint under section 351 shall not be grounds for concluding that action on the complaint is no longer necessary under subsection (b)(2).
Amends 28 U.S.C. §353(c) by replacing paragraph (1) so that paragraph (1) reads: 'Investigation — Each committee; and' (text shown as replacement in the section).
Adds to 28 U.S.C. §353(c) a new paragraph (2) stating that each committee appointed under subsection (a) shall complete the investigation and file a report under paragraph (1) without regard to the resignation, retirement from office under chapter 17, or death of the judge whose conduct is the subject of the complaint.
Who is affected and how:
Federal courts and judges: The judiciary as an institution will have investigations and reports completed even when a judge departs or dies, creating a fuller official record of complaints and findings. Individual judges who resign or retire can expect that pending complaints will still be pursued to conclusion.
Judicial misconduct investigatory bodies and committees: These bodies must continue work on cases despite a subject judge leaving office or dying, which may increase workload and require completing reports for matters that otherwise might have been closed. They may need to allocate staff time and administrative resources to finish investigations.
Complainants and the public: People who file complaints will see that their allegations are not automatically dismissed when a judge leaves office or dies, improving the chance of a completed investigation and an official report. This may increase transparency and public confidence in the oversight process.
Courts' administrative offices and records management: Offices that maintain judicial misconduct records will need to retain and process completed reports for cases that conclude after a judge's departure or death. This preserves institutional memory and documentation for potential future reference.
Net effect: The change strengthens procedural continuity and recordkeeping in the judicial misconduct system. It imposes procedural obligations on investigative committees but does not, by itself, expand disciplinary powers, appropriate new funds, or change sanctions available once a judge is no longer in office.
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Referred to the House Committee on the Judiciary.
Introduced May 1, 2025 by Hank Johnson · Last progress May 1, 2025
Referred to the House Committee on the Judiciary.
Introduced in House