US (United States) Code. Title 28. Part I. Chapter 16: Complains against judges and judicial discipline

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

28 USC CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND

JUDICIAL DISCIPLINE 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-MISC1-

Sec.

351. Complaints; judge defined.

352. Review of complaint by chief judge.

353. Special committees.

354. Action by judicial council.

355. Action by Judicial Conference.

356. Subpoena power.

357. Review of orders and actions.

358. Rules.

359. Restrictions.

360. Disclosure of information.

361. Reimbursement of expenses.

362. Other provisions and rules not affected.

363. Court of Federal Claims, Court of International Trade,

Court of Appeals for the Federal Circuit.

364. Effect of felony conviction.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 331, 332, 375, 604 of

this title; title 38 section 7253.

-End-

-CITE-

28 USC Sec. 351 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 351. Complaints; judge defined

-STATUTE-

(a) Filing of Complaint by Any Person. - Any person alleging that

a judge has engaged in conduct prejudicial to the effective and

expeditious administration of the business of the courts, or

alleging that such judge 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.

(b) Identifying Complaint by Chief Judge. - In the interests of

the effective and expeditious administration of the business of the

courts and on the basis of information available to the chief judge

of the circuit, the chief judge may, by written order stating

reasons therefor, identify a complaint for purposes of this chapter

and thereby dispense with filing of a written complaint.

(c) Transmittal of Complaint. - Upon receipt of a complaint filed

under subsection (a), the clerk shall promptly transmit the

complaint to the chief judge 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 chapter only, included in the term

"chief judge"). The clerk shall simultaneously transmit a copy of

the complaint to the judge whose conduct is the subject of the

complaint. The clerk shall also transmit a copy of any complaint

identified under subsection (b) to the judge whose conduct is the

subject of the complaint.

(d) Definitions. - In this chapter -

(1) the term "judge" means a circuit judge, district judge,

bankruptcy judge, or magistrate judge; and

(2) the term "complainant" means the person filing a complaint

under subsection (a) of this section.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1848.)

-MISC1-

SEVERABILITY

Pub. L. 107-273, div. C, title I, Sec. 11044, Nov. 2, 2002, 116

Stat. 1856, provided that: "If any provision of this subtitle

[subtitle C (Secs. 11041-11044) of title I of div. C of Pub. L.

107-273, enacting this chapter, amending sections 331, 332, 372,

375, and 604 of this title, and section 7253 of Title 38, Veterans'

Benefits, and enacting provisions set out as a note under section 1

of this title], an amendment made by this subtitle, or the

application of such provision or amendment to any person or

circumstance is held to be unconstitutional, the remainder of this

subtitle, the amendments made by this subtitle, and the application

of the provisions of such to any person or circumstance shall not

be affected thereby."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 352, 354 of this title.

-End-

-CITE-

28 USC Sec. 352 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 352. Review of complaint by chief judge

-STATUTE-

(a) Expeditious Review; Limited Inquiry. - The chief judge shall

expeditiously review any complaint received under section 351(a) or

identified under section 351(b). In determining what action to

take, the chief judge may conduct a limited inquiry for the purpose

of determining -

(1) whether appropriate corrective action has been or can be

taken without the necessity for a formal investigation; and

(2) whether the facts stated in the complaint are either

plainly untrue or are incapable of being established through

investigation.

For this purpose, the chief judge may request the judge whose

conduct is complained of to file a written response to the

complaint. Such response shall not be made available to the

complainant unless authorized by the judge filing the response. The

chief judge or his or her designee may also communicate orally or

in writing with the complainant, the judge whose conduct is

complained of, and any other person who may have knowledge of the

matter, and may review any transcripts or other relevant documents.

The chief judge shall not undertake to make findings of fact about

any matter that is reasonably in dispute.

(b) Action by Chief Judge Following Review. - After expeditiously

reviewing a complaint under subsection (a), the chief judge, by

written order stating his or her reasons, may -

(1) dismiss the complaint -

(A) if the chief judge finds the complaint to be -

(i) not in conformity with section 351(a);

(ii) directly related to the merits of a decision or

procedural ruling; or

(iii) frivolous, lacking sufficient evidence to raise an

inference that misconduct has occurred, or containing

allegations which are incapable of being established through

investigation; or

(B) when a limited inquiry conducted under subsection (a)

demonstrates that the allegations in the complaint lack any

factual foundation or are conclusively refuted by objective

evidence; or

(2) conclude the proceeding if the chief judge finds that

appropriate corrective action has been taken or that action on

the complaint is no longer necessary because of intervening

events.

The chief judge shall transmit copies of the written order to the

complainant and to the judge whose conduct is the subject of the

complaint.

(c) Review of Orders of Chief Judge. - A complainant or judge

aggrieved by a final order of the chief judge under this section

may petition the judicial council of the circuit for review

thereof. The denial of a petition for review of the chief judge's

order shall be final and conclusive and shall not be judicially

reviewable on appeal or otherwise.

(d) Referral of Petitions for Review to Panels of the Judicial

Council. - Each judicial council may, pursuant to rules prescribed

under section 358, refer a petition for review filed under

subsection (c) to a panel of no fewer than 5 members of the

council, at least 2 of whom shall be district judges.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1849.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 353, 357 of this title.

-End-

-CITE-

28 USC Sec. 353 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 353. Special committees

-STATUTE-

(a) Appointment. - If the chief judge does not enter an order

under section 352(b), the chief judge shall promptly -

(1) appoint himself or herself and equal numbers of circuit and

district judges of the circuit to a special committee to

investigate the facts and allegations contained in the complaint;

(2) certify the complaint and any other documents pertaining

thereto to each member of such committee; and

(3) provide written notice to the complainant and the judge

whose conduct is the subject of the complaint of the action taken

under this subsection.

(b) Change in Status or Death of Judges. - A judge appointed to a

special committee under subsection (a) may continue to serve on

that committee after becoming a senior judge or, in the case of the

chief judge of the circuit, after his or her term as chief judge

terminates under subsection (a)(3) or (c) of section 45. If a judge

appointed to a committee under subsection (a) dies, or retires from

office under section 371(a), while serving on the committee, the

chief judge of the circuit may appoint another circuit or district

judge, as the case may be, to the committee.

(c) Investigation by Special Committee. - Each committee

appointed under subsection (a) shall conduct an investigation as

extensive as it considers necessary, and shall expeditiously file a

comprehensive written report thereon with the judicial council of

the circuit. Such report shall present both the findings of the

investigation and the committee's recommendations for necessary and

appropriate action by the judicial council of the circuit.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1850.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 332, 354, 356, 359, 360

of this title.

-End-

-CITE-

28 USC Sec. 354 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 354. Action by judicial council

-STATUTE-

(a) Actions Upon Receipt of Report. -

(1) Actions. - The judicial council of a circuit, upon receipt

of a report filed under section 353(c) -

(A) may conduct any additional investigation which it

considers to be necessary;

(B) may dismiss the complaint; and

(C) if the complaint is not dismissed, shall take such action

as is appropriate to assure the effective and expeditious

administration of the business of the courts within the

circuit.

(2) Description of possible actions if complaint not dismissed.

-

(A) In general. - Action by the judicial council under

paragraph (1)(C) may include -

(i) ordering that, on a temporary basis for a time certain,

no further cases be assigned to the judge whose conduct is

the subject of a complaint;

(ii) censuring or reprimanding such judge by means of

private communication; and

(iii) censuring or reprimanding such judge by means of

public announcement.

(B) For article iii judges. - If the conduct of a judge

appointed to hold office during good behavior is the subject of

the complaint, action by the judicial council under paragraph

(1)(C) may include -

(i) certifying disability of the judge pursuant to the

procedures and standards provided under section 372(b); and

(ii) requesting that the judge voluntarily retire, with the

provision that the length of service requirements under

section 371 of this title shall not apply.

(C) For magistrate judges. - If the conduct of a magistrate

judge is the subject of the complaint, action by the judicial

council under paragraph (1)(C) may include directing the chief

judge of the district of the magistrate judge to take such

action as the judicial council considers appropriate.

(3) Limitations on judicial council regarding removals. -

(A) Article iii judges. - Under no circumstances may the

judicial council order removal from office of any judge

appointed to hold office during good behavior.

(B) Magistrate and bankruptcy judges. - Any removal of a

magistrate judge under this subsection shall be in accordance

with section 631 and any removal of a bankruptcy judge shall be

in accordance with section 152.

(4) Notice of action to judge. - The judicial council shall

immediately provide written notice to the complainant and to the

judge whose conduct is the subject of the complaint of the action

taken under this subsection.

(b) Referral to Judicial Conference. -

(1) In general. - In addition to the authority granted under

subsection (a), the judicial council may, in its discretion,

refer any complaint under section 351, together with the record

of any associated proceedings and its recommendations for

appropriate action, to the Judicial Conference of the United

States.

(2) Special circumstances. - In any case in which the judicial

council determines, on the basis of a complaint and an

investigation under this chapter, or on the basis of information

otherwise available to the judicial council, that a judge

appointed to hold office during good behavior may have engaged in

conduct -

(A) which might constitute one or more grounds for

impeachment under article II of the Constitution, or

(B) 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.

(3) Notice to complainant and judge. - A judicial council

acting under authority of this subsection shall, unless contrary

to the interests of justice, immediately submit written notice to

the complainant and to the judge whose conduct is the subject of

the action taken under this subsection.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1850.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 355, 357, 360, 361 of

this title; title 38 section 7253.

-End-

-CITE-

28 USC Sec. 355 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 355. Action by Judicial Conference

-STATUTE-

(a) In General. - Upon referral or certification of any matter

under section 354(b), 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 section 354(a)(1)(C) and (2), as it considers

appropriate.

(b) If Impeachment Warranted. -

(1) In general. - If the Judicial Conference concurs in the

determination of the judicial 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.

(2) In case of felony conviction. - If a judge has been

convicted of a felony under State or Federal law 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 section 354(b), 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.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1852.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 360 of this title; title

38 section 7253.

-End-

-CITE-

28 USC Sec. 356 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 356. Subpoena power

-STATUTE-

(a) Judicial Councils and Special Committees. - In conducting any

investigation under this chapter, the judicial council, or a

special committee appointed under section 353, shall have full

subpoena powers as provided in section 332(d).

(b) Judicial Conference and Standing Committees. - In conducting

any investigation under this chapter, the Judicial Conference, or a

standing committee appointed by the Chief Justice under section

331, shall have full subpoena powers as provided in that section.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1852.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 7253.

-End-

-CITE-

28 USC Sec. 357 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 357. Review of orders and actions

-STATUTE-

(a) Review of Action of Judicial Council. - A complainant or

judge aggrieved by an action of the judicial council under section

354 may petition the Judicial Conference of the United States for

review thereof.

(b) Action of Judicial Conference. - The Judicial Conference, or

the standing committee established under section 331, may grant a

petition filed by a complainant or judge under subsection (a).

(c) No Judicial Review. - Except as expressly provided in this

section and section 352(c), 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.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1853.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 7253.

-End-

-CITE-

28 USC Sec. 358 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 358. Rules

-STATUTE-

(a) In General. - Each judicial council and the Judicial

Conference may prescribe such rules for the conduct of proceedings

under this chapter, including the processing of petitions for

review, as each considers to be appropriate.

(b) Required Provisions. - Rules prescribed under subsection (a)

shall contain provisions requiring that -

(1) adequate prior notice of any investigation be given in

writing to the judge whose conduct is the subject of a complaint

under this chapter;

(2) the judge whose conduct is the subject of a complaint under

this chapter be afforded an opportunity to appear (in person or

by counsel) at proceedings conducted by the investigating panel,

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; and

(3) the complainant be afforded an opportunity to appear at

proceedings conducted by the investigating panel, if the panel

concludes that the complainant could offer substantial

information.

(c) Procedures. - Any rule prescribed under this section shall be

made or amended only after giving appropriate public notice and an

opportunity for comment. Any such rule shall be a matter of public

record, and any such rule promulgated by a judicial council may be

modified by the Judicial Conference. No rule promulgated under this

section may limit the period of time within which a person may file

a complaint under this chapter.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1853.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 352, 604 of this title;

title 38 section 7253.

-End-

-CITE-

28 USC Sec. 359 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 359. Restrictions

-STATUTE-

(a) Restriction on Individuals Who Are Subject of Investigation.

- No judge whose conduct is the subject of an investigation under

this chapter shall serve upon a special committee appointed under

section 353, upon a judicial council, upon the Judicial Conference,

or upon the standing committee established under section 331, until

all proceedings under this chapter relating to such investigation

have been finally terminated.

(b) Amicus Curiae. - No person shall be granted the right to

intervene or to appear as amicus curiae in any proceeding before a

judicial council or the Judicial Conference under this chapter.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1853.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 7253.

-End-

-CITE-

28 USC Sec. 360 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 360. Disclosure of information

-STATUTE-

(a) Confidentiality of Proceedings. - Except as provided in

section 355, all papers, documents, and records of proceedings

related to investigations conducted under this chapter shall be

confidential and shall not be disclosed by any person in any

proceeding except to the extent that -

(1) the judicial council of the circuit in its discretion

releases a copy of a report of a special committee under section

353(c) to the complainant whose complaint initiated the

investigation by that special committee and to the judge whose

conduct is the subject of the complaint;

(2) the judicial council of the circuit, the Judicial

Conference of the United States, or the Senate or the House of

Representatives by resolution, releases any such material which

is believed necessary to an impeachment investigation or trial of

a judge under article I of the Constitution; or

(3) such disclosure is authorized in writing by the judge who

is the subject of the complaint and by the chief judge of the

circuit, the Chief Justice, or the chairman of the standing

committee established under section 331.

(b) Public Availability of Written Orders. - Each written order

to implement any action under section 354(a)(1)(C), which is issued

by a judicial council, the Judicial Conference, or the standing

committee established under section 331, shall be made available to

the public through the appropriate clerk's office of the court of

appeals for the circuit. Unless contrary to the interests of

justice, each such order shall be accompanied by written reasons

therefor.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1854.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 604 of this title; title

38 section 7253.

-End-

-CITE-

28 USC Sec. 361 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 361. Reimbursement of expenses

-STATUTE-

Upon the request of a judge whose conduct is the subject of a

complaint under this chapter, the judicial council may, if the

complaint has been finally dismissed under section 354(a)(1)(B),

recommend that the Director of the Administrative Office of the

United States Courts award reimbursement, from funds appropriated

to the Federal judiciary, for those reasonable expenses, including

attorneys' fees, incurred by that judge during the investigation

which would not have been incurred but for the requirements of this

chapter.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1854.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 7253.

-End-

-CITE-

28 USC Sec. 362 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 362. Other provisions and rules not affected

-STATUTE-

Except as expressly provided in this chapter, nothing in this

chapter shall be construed to affect any other provision of this

title, the Federal Rules of Civil Procedure, the Federal Rules of

Criminal Procedure, the Federal Rules of Appellate Procedure, or

the Federal Rules of Evidence.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1854.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, the Federal Rules of

Appellate Procedure, and the Federal Rules of Evidence, referred to

in text, are set out in the Appendix to this title.

The Federal Rules of Criminal Procedure, referred to in text, are

set out in the Appendix to Title 18, Crimes and Criminal Procedure.

-End-

-CITE-

28 USC Sec. 363 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 363. Court of Federal Claims, Court of International Trade,

Court of Appeals for the Federal Circuit

-STATUTE-

The United States Court of Federal Claims, the Court of

International Trade, and the Court of Appeals for the Federal

Circuit shall each prescribe rules, consistent with the provisions

of this chapter, establishing procedures for the filing of

complaints with respect to the conduct of any judge of such court

and for the investigation and resolution of such complaints. In

investigating and taking action with respect to any such complaint,

each such court shall have the powers granted to a judicial council

under this chapter.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1854.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 364 of this title.

-End-

-CITE-

28 USC Sec. 364 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-

Sec. 364. Effect of felony conviction

-STATUTE-

In the case of any judge or judge of a court referred to in

section 363 who is convicted of a felony under State or Federal law

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

following shall apply:

(1) The judge shall not hear or decide cases unless the

judicial council of the circuit (or, in the case of a judge of a

court referred to in section 363, that court) determines

otherwise.

(2) Any service as such judge or judge of a court referred to

in section 363, after the conviction is final and all time for

filing appeals thereof has expired, shall not be included for

purposes of determining years of service under section 371(c),

377, or 178 of this title or creditable service under subchapter

III of chapter 83, or chapter 84, of title 5.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,

2002, 116 Stat. 1855.)

-End-