28 U.S.C. § 364

Effect of felony conviction

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

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2012–2023 · leading case: Cox v. United States

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Cox v. United States (2012) uscfc “§ 351 (“Complaints; judge defined”), 28 U.S.C. § 364 (“Effect of felony conviction”), and 28 U.”

Santiago v. Edwards (2023) kywd “§ 351 and 28 U.S.C. § 364 , which are part of the Judicial Conduct and Disability Act (the “JCDA”).”

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