28 U.S.C. § 176

Removal from office

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(a) Removal of a judge of the United States Court of Federal Claims during the term for which he is appointed shall be only for incompetency, misconduct, neglect of duty, engaging in the practice of law, or physical or mental disability. Removal shall be by the United States Court of Appeals for the Federal Circuit, but removal may not occur unless a majority of all the judges of such court of appeals concur in the order of removal.(b) Before any order of removal may be entered, a full specification of the charges shall be furnished to the judge involved, and such judge shall be accorded an opportunity to be heard on the charges.(c) Any cause for removal of any judge of the United States Court of Federal Claims coming to the knowledge of the Director of the Administrative Office of the United States Courts shall be reported by him to the chief judge of the United States Court of Appeals for the Federal Circuit, and a copy of the report shall at the same time be transmitted to the judge.(Added Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 28; amended Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)Editorial NotesAmendments

1992—Subsecs. (a), (c). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date

Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.

Notes of Decisions

Cited in 4 cases, 1928–2018 · leading case: United States v. Perlstein

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United States v. Perlstein (1941) ca3 · cites it 2× “284 of the Judicial Code, as amended, 28 U.S. C.A. § 421, the material part of which is set out in a footnote.”

United States v. Perlstein (1941) njd “Under Section 96 of the Judicial Code, as amended, 28 U.S.C.A. § 176 , stated terms of the District Court for the District of New Jersey are held at Camden on the first Tuesday in December, at Trenton on the third Tuesday in January, at Newark on the first Tuesday in April, at…”

United States v. Sound Motor Boat Service, Inc. (1928) ca3 · cites it 2× “This ease involves the question, what territory is embraced in the state, and consequently in the district, of New Jersey? The answer to that question rests on certain basic facts: First, by the act of Congress of 1789 (incorporated into section 96 of the Judicial Code [28 USCA…”

Trinco Investment Company v. United States (2018) uscfc “They may be removed by the Federal Circuit, 28 U.S.C. § 176 , but this provision may be unconstitutional.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.