-CITE-
    28 USC CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND
           JUDICIAL DISCIPLINE                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
      CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE  

-MISC1-
    Sec.                                                     
    351.        Complaints; judge defined.                            
    352.        Review of complaint by chief judge.                   
    353.        Special committees.                                   
    354.        Action by judicial council.                           
    355.        Action by Judicial Conference.                        
    356.        Subpoena power.                                       
    357.        Review of orders and actions.                         
    358.        Rules.                                                
    359.        Restrictions.                                         
    360.        Disclosure of information.                            
    361.        Reimbursement of expenses.                            
    362.        Other provisions and rules not affected.              
    363.        Court of Federal Claims, Court of International Trade,
                 Court of Appeals for the Federal Circuit.            
    364.        Effect of felony conviction.                          

-End-

-CITE-
    28 USC Sec. 351                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 351. Complaints; judge defined

-STATUTE-
      (a) Filing of Complaint by Any Person. - Any person alleging that
    a judge has engaged in conduct prejudicial to the effective and
    expeditious administration of the business of the courts, or
    alleging that such judge is unable to discharge all the duties of
    office by reason of mental or physical disability, may file with
    the clerk of the court of appeals for the circuit a written
    complaint containing a brief statement of the facts constituting
    such conduct.
      (b) Identifying Complaint by Chief Judge. - In the interests of
    the effective and expeditious administration of the business of the
    courts and on the basis of information available to the chief judge
    of the circuit, the chief judge may, by written order stating
    reasons therefor, identify a complaint for purposes of this chapter
    and thereby dispense with filing of a written complaint.
      (c) Transmittal of Complaint. - Upon receipt of a complaint filed
    under subsection (a), the clerk shall promptly transmit the
    complaint to the chief judge of the circuit, or, if the conduct
    complained of is that of the chief judge, to that circuit judge in
    regular active service next senior in date of commission
    (hereafter, for purposes of this chapter only, included in the term
    "chief judge"). The clerk shall simultaneously transmit a copy of
    the complaint to the judge whose conduct is the subject of the
    complaint. The clerk shall also transmit a copy of any complaint
    identified under subsection (b) to the judge whose conduct is the
    subject of the complaint.
      (d) Definitions. - In this chapter - 
        (1) the term "judge" means a circuit judge, district judge,
      bankruptcy judge, or magistrate judge; and
        (2) the term "complainant" means the person filing a complaint
      under subsection (a) of this section.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1848.)

-MISC1-
                               SEVERABILITY                           
      Pub. L. 107-273, div. C, title I, Sec. 11044, Nov. 2, 2002, 116
    Stat. 1856, provided that: "If any provision of this subtitle
    [subtitle C (Secs. 11041-11044) of title I of div. C of Pub. L. 107-
    273, enacting this chapter, amending sections 331, 332, 372, 375,
    and 604 of this title, and section 7253 of Title 38, Veterans'
    Benefits, and enacting provisions set out as a note under section 1
    of this title], an amendment made by this subtitle, or the
    application of such provision or amendment to any person or
    circumstance is held to be unconstitutional, the remainder of this
    subtitle, the amendments made by this subtitle, and the application
    of the provisions of such to any person or circumstance shall not
    be affected thereby."

-End-

-CITE-
    28 USC Sec. 352                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 352. Review of complaint by chief judge

-STATUTE-
      (a) Expeditious Review; Limited Inquiry. - The chief judge shall
    expeditiously review any complaint received under section 351(a) or
    identified under section 351(b). In determining what action to
    take, the chief judge may conduct a limited inquiry for the purpose
    of determining - 
        (1) whether appropriate corrective action has been or can be
      taken without the necessity for a formal investigation; and
        (2) whether the facts stated in the complaint are either
      plainly untrue or are incapable of being established through
      investigation.

    For this purpose, the chief judge may request the judge whose
    conduct is complained of to file a written response to the
    complaint. Such response shall not be made available to the
    complainant unless authorized by the judge filing the response. The
    chief judge or his or her designee may also communicate orally or
    in writing with the complainant, the judge whose conduct is
    complained of, and any other person who may have knowledge of the
    matter, and may review any transcripts or other relevant documents.
    The chief judge shall not undertake to make findings of fact about
    any matter that is reasonably in dispute.
      (b) Action by Chief Judge Following Review. - After expeditiously
    reviewing a complaint under subsection (a), the chief judge, by
    written order stating his or her reasons, may - 
        (1) dismiss the complaint - 
          (A) if the chief judge finds the complaint to be - 
            (i) not in conformity with section 351(a);
            (ii) directly related to the merits of a decision or
          procedural ruling; or
            (iii) frivolous, lacking sufficient evidence to raise an
          inference that misconduct has occurred, or containing
          allegations which are incapable of being established through
          investigation; or

          (B) when a limited inquiry conducted under subsection (a)
        demonstrates that the allegations in the complaint lack any
        factual foundation or are conclusively refuted by objective
        evidence; or

        (2) conclude the proceeding if the chief judge finds that
      appropriate corrective action has been taken or that action on
      the complaint is no longer necessary because of intervening
      events.

    The chief judge shall transmit copies of the written order to the
    complainant and to the judge whose conduct is the subject of the
    complaint.
      (c) Review of Orders of Chief Judge. - A complainant or judge
    aggrieved by a final order of the chief judge under this section
    may petition the judicial council of the circuit for review
    thereof. The denial of a petition for review of the chief judge's
    order shall be final and conclusive and shall not be judicially
    reviewable on appeal or otherwise.
      (d) Referral of Petitions for Review to Panels of the Judicial
    Council. - Each judicial council may, pursuant to rules prescribed
    under section 358, refer a petition for review filed under
    subsection (c) to a panel of no fewer than 5 members of the
    council, at least 2 of whom shall be district judges.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1849.)

-End-

-CITE-
    28 USC Sec. 353                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 353. Special committees

-STATUTE-
      (a) Appointment. - If the chief judge does not enter an order
    under section 352(b), the chief judge shall promptly - 
        (1) appoint himself or herself and equal numbers of circuit and
      district judges of the circuit to a special committee to
      investigate the facts and allegations contained in the complaint;
        (2) certify the complaint and any other documents pertaining
      thereto to each member of such committee; and
        (3) provide written notice to the complainant and the judge
      whose conduct is the subject of the complaint of the action taken
      under this subsection.

      (b) Change in Status or Death of Judges. - A judge appointed to a
    special committee under subsection (a) may continue to serve on
    that committee after becoming a senior judge or, in the case of the
    chief judge of the circuit, after his or her term as chief judge
    terminates under subsection (a)(3) or (c) of section 45. If a judge
    appointed to a committee under subsection (a) dies, or retires from
    office under section 371(a), while serving on the committee, the
    chief judge of the circuit may appoint another circuit or district
    judge, as the case may be, to the committee.
      (c) Investigation by Special Committee. - Each committee
    appointed under subsection (a) shall conduct an investigation as
    extensive as it considers necessary, and shall expeditiously file a
    comprehensive written report thereon with the judicial council of
    the circuit. Such report shall present both the findings of the
    investigation and the committee's recommendations for necessary and
    appropriate action by the judicial council of the circuit.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1850.)

-End-

-CITE-
    28 USC Sec. 354                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 354. Action by judicial council

-STATUTE-
      (a) Actions Upon Receipt of Report. - 
        (1) Actions. - The judicial council of a circuit, upon receipt
      of a report filed under section 353(c) - 
          (A) may conduct any additional investigation which it
        considers to be necessary;
          (B) may dismiss the complaint; and
          (C) if the complaint is not dismissed, shall take such action
        as is appropriate to assure the effective and expeditious
        administration of the business of the courts within the
        circuit.

        (2) Description of possible actions if complaint not dismissed.
      - 
          (A) In general. - Action by the judicial council under
        paragraph (1)(C) may include - 
            (i) ordering that, on a temporary basis for a time certain,
          no further cases be assigned to the judge whose conduct is
          the subject of a complaint;
            (ii) censuring or reprimanding such judge by means of
          private communication; and
            (iii) censuring or reprimanding such judge by means of
          public announcement.

          (B) For article iii judges. - If the conduct of a judge
        appointed to hold office during good behavior is the subject of
        the complaint, action by the judicial council under paragraph
        (1)(C) may include - 
            (i) certifying disability of the judge pursuant to the
          procedures and standards provided under section 372(b); and
            (ii) requesting that the judge voluntarily retire, with the
          provision that the length of service requirements under
          section 371 of this title shall not apply.

          (C) For magistrate judges. - If the conduct of a magistrate
        judge is the subject of the complaint, action by the judicial
        council under paragraph (1)(C) may include directing the chief
        judge of the district of the magistrate judge to take such
        action as the judicial council considers appropriate.

        (3) Limitations on judicial council regarding removals. - 
          (A) Article iii judges. - Under no circumstances may the
        judicial council order removal from office of any judge
        appointed to hold office during good behavior.
          (B) Magistrate and bankruptcy judges. - Any removal of a
        magistrate judge under this subsection shall be in accordance
        with section 631 and any removal of a bankruptcy judge shall be
        in accordance with section 152.

        (4) Notice of action to judge. - The judicial council shall
      immediately provide written notice to the complainant and to the
      judge whose conduct is the subject of the complaint of the action
      taken under this subsection.

      (b) Referral to Judicial Conference. - 
        (1) In general. - In addition to the authority granted under
      subsection (a), the judicial council may, in its discretion,
      refer any complaint under section 351, together with the record
      of any associated proceedings and its recommendations for
      appropriate action, to the Judicial Conference of the United
      States.
        (2) Special circumstances. - In any case in which the judicial
      council determines, on the basis of a complaint and an
      investigation under this chapter, or on the basis of information
      otherwise available to the judicial council, that a judge
      appointed to hold office during good behavior may have engaged in
      conduct - 
          (A) which might constitute one or more grounds for
        impeachment under article II of the Constitution, or
          (B) which, in the interest of justice, is not amenable to
        resolution by the judicial council,

      the judicial council shall promptly certify such determination,
      together with any complaint and a record of any associated
      proceedings, to the Judicial Conference of the United States.
        (3) Notice to complainant and judge. - A judicial council
      acting under authority of this subsection shall, unless contrary
      to the interests of justice, immediately submit written notice to
      the complainant and to the judge whose conduct is the subject of
      the action taken under this subsection.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1850.)

-End-

-CITE-
    28 USC Sec. 355                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 355. Action by Judicial Conference

-STATUTE-
      (a) In General. - Upon referral or certification of any matter
    under section 354(b), the Judicial Conference, after consideration
    of the prior proceedings and such additional investigation as it
    considers appropriate, shall by majority vote take such action, as
    described in section 354(a)(1)(C) and (2), as it considers
    appropriate.
      (b) If Impeachment Warranted. - 
        (1) In general. - If the Judicial Conference concurs in the
      determination of the judicial council, or makes its own
      determination, that consideration of impeachment may be
      warranted, it shall so certify and transmit the determination and
      the record of proceedings to the House of Representatives for
      whatever action the House of Representatives considers to be
      necessary. Upon receipt of the determination and record of
      proceedings in the House of Representatives, the Clerk of the
      House of Representatives shall make available to the public the
      determination and any reasons for the determination.
        (2) In case of felony conviction. - If a judge has been
      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 Judicial
      Conference may, by majority vote and without referral or
      certification under section 354(b), transmit to the House of
      Representatives a determination that consideration of impeachment
      may be warranted, together with appropriate court records, for
      whatever action the House of Representatives considers to be
      necessary.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1852.)

-End-

-CITE-
    28 USC Sec. 356                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 356. Subpoena power

-STATUTE-
      (a) Judicial Councils and Special Committees. - In conducting any
    investigation under this chapter, the judicial council, or a
    special committee appointed under section 353, shall have full
    subpoena powers as provided in section 332(d).
      (b) Judicial Conference and Standing Committees. - In conducting
    any investigation under this chapter, the Judicial Conference, or a
    standing committee appointed by the Chief Justice under section
    331, shall have full subpoena powers as provided in that section.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1852.)

-End-

-CITE-
    28 USC Sec. 357                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 357. Review of orders and actions

-STATUTE-
      (a) Review of Action of Judicial Council. - A complainant or
    judge aggrieved by an action of the judicial council under section
    354 may petition the Judicial Conference of the United States for
    review thereof.
      (b) Action of Judicial Conference. - The Judicial Conference, or
    the standing committee established under section 331, may grant a
    petition filed by a complainant or judge under subsection (a).
      (c) No Judicial Review. - Except as expressly provided in this
    section and section 352(c), all orders and determinations,
    including denials of petitions for review, shall be final and
    conclusive and shall not be judicially reviewable on appeal or
    otherwise.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1853.)

-End-

-CITE-
    28 USC Sec. 358                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 358. Rules

-STATUTE-
      (a) In General. - Each judicial council and the Judicial
    Conference may prescribe such rules for the conduct of proceedings
    under this chapter, including the processing of petitions for
    review, as each considers to be appropriate.
      (b) Required Provisions. - Rules prescribed under subsection (a)
    shall contain provisions requiring that - 
        (1) adequate prior notice of any investigation be given in
      writing to the judge whose conduct is the subject of a complaint
      under this chapter;
        (2) the judge whose conduct is the subject of a complaint under
      this chapter be afforded an opportunity to appear (in person or
      by counsel) at proceedings conducted by the investigating panel,
      to present oral and documentary evidence, to compel the
      attendance of witnesses or the production of documents, to cross-
      examine witnesses, and to present argument orally or in writing;
      and
        (3) the complainant be afforded an opportunity to appear at
      proceedings conducted by the investigating panel, if the panel
      concludes that the complainant could offer substantial
      information.

      (c) Procedures. - Any rule prescribed under this section shall be
    made or amended only after giving appropriate public notice and an
    opportunity for comment. Any such rule shall be a matter of public
    record, and any such rule promulgated by a judicial council may be
    modified by the Judicial Conference. No rule promulgated under this
    section may limit the period of time within which a person may file
    a complaint under this chapter.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1853.)

-End-

-CITE-
    28 USC Sec. 359                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 359. Restrictions

-STATUTE-
      (a) Restriction on Individuals Who Are Subject of Investigation. -
     No judge whose conduct is the subject of an investigation under
    this chapter shall serve upon a special committee appointed under
    section 353, upon a judicial council, upon the Judicial Conference,
    or upon the standing committee established under section 331, until
    all proceedings under this chapter relating to such investigation
    have been finally terminated.
      (b) Amicus Curiae. - No person shall be granted the right to
    intervene or to appear as amicus curiae in any proceeding before a
    judicial council or the Judicial Conference under this chapter.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1853.)

-End-

-CITE-
    28 USC Sec. 360                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 360. Disclosure of information

-STATUTE-
      (a) Confidentiality of Proceedings. - Except as provided in
    section 355, all papers, documents, and records of proceedings
    related to investigations conducted under this chapter shall be
    confidential and shall not be disclosed by any person in any
    proceeding except to the extent that - 
        (1) the judicial council of the circuit in its discretion
      releases a copy of a report of a special committee under section
      353(c) to the complainant whose complaint initiated the
      investigation by that special committee and to the judge whose
      conduct is the subject of the complaint;
        (2) the judicial council of the circuit, the Judicial
      Conference of the United States, or the Senate or the House of
      Representatives by resolution, releases any such material which
      is believed necessary to an impeachment investigation or trial of
      a judge under article I of the Constitution; or
        (3) such disclosure is authorized in writing by the judge who
      is the subject of the complaint and by the chief judge of the
      circuit, the Chief Justice, or the chairman of the standing
      committee established under section 331.

      (b) Public Availability of Written Orders. - Each written order
    to implement any action under section 354(a)(1)(C), which is issued
    by a judicial council, the Judicial Conference, or the standing
    committee established under section 331, shall be made available to
    the public through the appropriate clerk's office of the court of
    appeals for the circuit. Unless contrary to the interests of
    justice, each such order shall be accompanied by written reasons
    therefor.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1854.)

-End-

-CITE-
    28 USC Sec. 361                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 361. Reimbursement of expenses

-STATUTE-
      Upon the request of a judge whose conduct is the subject of a
    complaint under this chapter, the judicial council may, if the
    complaint has been finally dismissed under section 354(a)(1)(B),
    recommend that the Director of the Administrative Office of the
    United States Courts award reimbursement, from funds appropriated
    to the Federal judiciary, for those reasonable expenses, including
    attorneys' fees, incurred by that judge during the investigation
    which would not have been incurred but for the requirements of this
    chapter.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1854.)

-End-

-CITE-
    28 USC Sec. 362                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 362. Other provisions and rules not affected

-STATUTE-
      Except as expressly provided in this chapter, nothing in this
    chapter shall be construed to affect any other provision of this
    title, the Federal Rules of Civil Procedure, the Federal Rules of
    Criminal Procedure, the Federal Rules of Appellate Procedure, or
    the Federal Rules of Evidence.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1854.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, the Federal Rules of
    Appellate Procedure, and the Federal Rules of Evidence, referred to
    in text, are set out in the Appendix to this title.
      The Federal Rules of Criminal Procedure, referred to in text, are
    set out in the Appendix to Title 18, Crimes and Criminal Procedure.

-End-

-CITE-
    28 USC Sec. 363                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 363. Court of Federal Claims, Court of International Trade,
      Court of Appeals for the Federal Circuit

-STATUTE-
      The United States Court of Federal Claims, the Court of
    International Trade, and the Court of Appeals for the Federal
    Circuit shall each prescribe rules, consistent with the provisions
    of this chapter, establishing procedures for the filing of
    complaints with respect to the conduct of any judge of such court
    and for the investigation and resolution of such complaints. In
    investigating and taking action with respect to any such complaint,
    each such court shall have the powers granted to a judicial council
    under this chapter.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1854.)

-End-

-CITE-
    28 USC Sec. 364                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART I - ORGANIZATION OF COURTS
    CHAPTER 16 - COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

-HEAD-
    Sec. 364. Effect of felony conviction

-STATUTE-
      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.

-SOURCE-
    (Added Pub. L. 107-273, div. C, title I, Sec. 11042(a), Nov. 2,
    2002, 116 Stat. 1855.)

-End-