Title 28, Judiciary and Judicial ProcedureRelease 119-102
§364 Effect of Felony Conviction
Title 28 › PART I — ORGANIZATION OF COURTS › CHAPTER 16 — COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE › § 364
Summary
Any judge, or a judge of a court in section 363, who is convicted of a felony under State or Federal law and has no appeals must not hear or decide cases unless the circuit judicial council or that court allows. Service after conviction is final won't count toward years under 371(c), 377, or 178, or as creditable service under subchapter III, 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
Aug 21, 2026
Release point: 119-102