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Title 28, Judiciary and Judicial ProcedureRelease 119-102

§176 Removal From Office

Title 28 › PART I — ORGANIZATION OF COURTS › CHAPTER 7 — UNITED STATES COURT OF FEDERAL CLAIMS › § 176

Last updated Aug 21, 2026|Official source

Summary

A judge on the United States Court of Federal Claims can only be removed during their term for incompetence, misconduct, neglect of duty, practicing law, or a physical or mental disability. The United States Court of Appeals for the Federal Circuit must order the removal, and a majority of all its judges must agree. Before removal, the judge must be given a full list of the charges and a chance to answer them. If the Director of the Administrative Office of the United States Courts learns of a possible reason to remove a judge, the Director must report it to the chief judge of the Federal Circuit and send a copy of that report to the judge at the same time.

Full Legal Text

Title 28, §176

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 176

Title 28, Judiciary and Judicial Procedure

Last Updated

Aug 21, 2026

Release point: 119-102