28 U.S.C. § 176 — Removal from office

submitted 44 years ago by Pub. L. 97-164 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 182 words · no verdicts yet

in plain englishAI-generated · not legal advice

A Court of Federal Claims judge can only be removed for specific reasons like incompetence or misconduct, and only if a majority of the Federal Circuit's judges agree. The judge must first get the full charges and a chance to respond.

(a) A judge of the United States Court of Federal Claims can be removed during the term for which they were appointed only for incompetency, misconduct, neglect of duty, engaging in the practice of law, or physical or mental disability. Only the United States Court of Appeals for the Federal Circuit can remove such a judge, and only if a majority of all that court's judges agree to the removal order. (b) Before any removal order can be issued, the judge involved must be given a full statement of the charges and a chance to be heard on them. (c) If the Director of the Administrative Office of the United States Courts learns of any cause for removing a Court of Federal Claims judge, the Director must report it to the chief judge of the United States Court of Appeals for the Federal Circuit, and send a copy of that report to the judge at the same time.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (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.)

history & why it existsrecord from the source credit

1982Enacted · Pub. L. 97-164 · 96 Stat. 28
1992Amended · Pub. L. 102-572 · 106 Stat. 4516

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-164 on 1982-04-02.

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