---
kind: "section"
citation: "28 U.S.C. § 364"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "364"
heading: "Effect of felony conviction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/364"
units:
  - "Part I — Organization of Courts"
  - "Chapter 16 — Complaints Against Judges and Judicial Discipline"
---

# §364. Effect of felony conviction


In the case of any [judge](/usc/28/351.md?p=d-1) or [judge](/usc/28/351.md?p=d-1) of a court referred to in [section 363](/usc/28/363.md) 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](/usc/28/351.md?p=d-1) shall not hear or decide cases unless the judicial council of the circuit (or, in the case of a [judge](/usc/28/351.md?p=d-1) of a court referred to in [section 363](/usc/28/363.md), that court) determines otherwise.
- (2) Any service as such [judge](/usc/28/351.md?p=d-1) or [judge](/usc/28/351.md?p=d-1) of a court referred to in [section 363](/usc/28/363.md), 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)](/usc/28/371.md?p=c), [377](/usc/28/377.md), or [178](/usc/28/178.md) of this title or creditable service under subchapter III of [chapter 83](/usc/28/chptIV/ch83.md), 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.)