Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§364 Effect of Felony Conviction

Title 28 › Part I— ORGANIZATION OF COURTS › Chapter 16— COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE › § 364

Last updated Apr 5, 2026|Official source

Summary

When a judge (including a judge of a court mentioned in section 363) is convicted of a felony and all direct-review options are used up or the time to seek them has passed, the judge must not hear or decide cases unless the circuit judicial council or that court says otherwise. Any service after the conviction is final and the appeal time has expired must not count toward years of service under sections 371(c), 377, or 178 of this title, or as creditable service under subchapter III of chapter 83 or chapter 84 of title 5.

Full Legal Text

Title 28, §364

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 364

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60