Effect of felony conviction

28 U.S.C. § 364

• Title: 28 — Judiciary and Judicial Procedure
• Chapter: 16 — COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

Text

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.

History

(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1855.)

Editorial Notes

Editorial Notes

Amendments
2002—Pub. L. 107–273, div. C, title I, §11043(a)(2), Nov. 2, 2002, 116 Stat. 1855, struck out "; judicial discipline" after "failure to retire" in item 372.
1988—Pub. L. 100–702, title X, §1020(a)(9), Nov. 19, 1988, 102 Stat. 4672, substituted "Annuities for survivors of certain judicial officials of the United States" for "Annuities to widows and surviving dependent children of justices and judges of the United States" in item 376.
Pub. L. 100–659, §2(b), Nov. 15, 1988, 102 Stat. 3916, added item 377.
1986—Pub. L. 99–651, title II, §201(b)(2), Nov. 14, 1986, 100 Stat. 3648, amended item 375 generally.
1984—Pub. L. 98–353, title II, §204(b), July 10, 1984, 98 Stat. 350, substituted "Retirement on salary; retirement in senior status" for "Resignation or retirement for age" in item 371.
1980—Pub. L. 96–458, §3(c), Oct. 15, 1980, 94 Stat. 2040, inserted reference to "judicial discipline" in item 372.
1972—Pub. L. 92–397, §3(a), (b), Aug. 22, 1972, 86 Stat. 579, substituted "JUSTICES AND JUDGES" for "JUDGES" in chapter heading, and substituted "justices and judges of the United States" for "judges" in item 376.
1959—Pub. L. 86–312, §2, Sept. 21, 1959, 73 Stat. 587, inserted "; official station" in item 374.
1956—Act Aug. 3, 1956, ch. 944, §1(a), 70 Stat. 1021, substituted "Annuities to widows of justices" for "Annuities to widows on the Chief Justice and Associate Justices of the Supreme Court of the United States" in item 375 and added item 376.
1954—Act Aug. 28, 1954, ch. 1053, §2, 68 Stat. 918, added item 375.
Act Feb. 10, 1954, ch. 6, §4(b), 68 Stat. 13, transferred "; substitute judge on failure to retire" from item 371 to item 372.

Statutory Notes and Related Subsidiaries

Change of Name
Words "magistrate judges" substituted for "magistrates" in items 375 and 377 pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.