28 U.S.C. § 364 — Effect of felony conviction
submitted 24 years ago by Pub. L. 107-273 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 163 words · no verdicts yet
If a judge covered by section 363 is convicted of a felony and has no more appeals left, two things happen. The judge cannot hear cases unless the judicial council, or that judge's court, says otherwise. That judge's post-conviction service also does not count toward retirement or pension credit.
This section applies to a judge*, or a judge of a court named in section 363, who is convicted of a felony under state or federal law, and who has either used up all direct appeals of the conviction or let the appeal deadline pass without appealing.
(1) That judge cannot hear or decide any cases, unless the circuit's judicial council, or, for a judge of a court named in section 363, that court itself, decides otherwise.
(2) Any time the judge serves after the conviction becomes final and the appeal deadline has fully passed does not count toward the years of service needed under section 371(c), 377, or 178 of this title, and does not count as creditable service under subchapter III of chapter 83, or under chapter 84, of title 5, the federal retirement systems.
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:
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.
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 credit: (Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1855.)
- 2002Enacted · Pub. L. 107-273 · 116 Stat. 1855
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-273 on 2002-11-02.
all 0 arguments · sorted by: best
no arguments yet — make the first case