http://uscode.house.gov/pdf/2006/2006usc28.

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TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE

This title was enacted by act June 25, 1948, ch. 646, § 1, 62 Stat. 869

Part Sec. TABLE SHOWING DISPOSITION OF ALL SECTIONS OF

I. Organization of Courts ...................... 1 FORMER TITLE 28—Continued
II. Department of Justice ....................... 501
Title 28 Title 28
III. Court Officers and Employees ......... 601 Former Sections New Sections
IV. Jurisdiction and Venue ..................... 1251
V. Procedure .............................................. 1651 41(21) ....................................... Rep.
41(22) ....................................... Rep.
VI. Particular Proceedings ...................... 2201 41(23) ....................................... 1337
AMENDMENTS 41(24) ....................................... 1353
41(25) ....................................... 1357, 1399
1966—Pub. L. 89–554, § 4(a), Sept. 6, 1966, 80 Stat. 611, 41(26) ....................................... 1335, 1397, 2361
substituted ‘‘Department of Justice’’ for ‘‘United 41(27), (28) ................................ 1336
42 ............................................ 1349
States Attorneys and Marshals’’ in item for part II.
43 ............................................ 1398
44 ............................................ 2321
TABLE SHOWING DISPOSITION OF ALL SECTIONS OF 45 ............................................ Rep.
FORMER TITLE 28 45a .......................................... 2323
46 ............................................ 2324
Title 28 Title 28 47 ............................................ 1253, 2101, 2284, 2325
Former Sections New Sections 47a .......................................... 1253, 2101, 2284
48 ............................................ 2322
1–4bb ....................................... 132–134
49–51 ........................................ Rep.
1 nt ......................................... 133
52 ............................................ Elim.
5 .............................................. 135
53 ............................................ T. 15 § 146a
5a ............................................ T. 48 § 1392a 71 ............................................ 1441, 1445, 1447
5b ............................................ Elim. 72 ............................................ 1446, 1447
6, 7 .......................................... 751 73 ............................................ Rep.
8 .............................................. 751, 954 74 ............................................ 1443, 1446, 1447
9 .............................................. 604, 755 75 ............................................ 1446
9a ............................................ 1915 76 ............................................ 1442, 1446, 1447
9a(a) ........................................ 753, 1920 77 ............................................ 1442
9a(b) ........................................ 753 78 ............................................ 1449
9a(c) ........................................ 550, 604, 753, 1915 79 ............................................ 1450
9a(d) ........................................ 753 80 ............................................ 1359, 1447, 1919
9a(e) ........................................ 1915 81 ............................................ 1447
9b ............................................ Rep. See Civ. Proc. R. 75. 82 ............................................ Rep.
10 ............................................ 457 83 ............................................ 1447, 1448
11, 12 ....................................... Rep. See Civ. Proc. R. 6(c), Cr. 101 ........................................... T. 18 § 3235
Proc. R. 45(c). 102 ........................................... T. 18 § 3238
13 ............................................ 452 103 ........................................... T. 18 § 3237
14 ............................................ Rep. See Cr. Proc. R. 45(c). 104 ........................................... 1395
15 ............................................ 141 105 ........................................... 1396
16 ............................................ 140, 296 106–108 ..................................... 1395
17 ............................................ 291, 292, 295, 296 109 ........................................... 1400, 1694
18 ............................................ 296 110 ........................................... 1394
19 ............................................ Rep. 111 ........................................... 1391
20 ............................................ 295 112 ........................................... 1391, 1401, 1693, 1695
21 ............................................ 292 113 ........................................... 1392
22 ............................................ 291, 296 114 ........................................... 1393, 1441
23 ............................................ 296 115 ........................................... Rep. See Civ. Proc. R. 4(f).
24 ............................................ 455 116 ........................................... 1392
25 ............................................ 144 117 ........................................... 754, 1692
26 ............................................ 143 118 ........................................... 1655
27 ............................................ 137 119 ........................................... 1404
41(1) ........................................ 1331, 1332, 1341, 1342, 1345, 1354, 120 ........................................... Rep.
1359 121 ........................................... 1405; T. 18 § 3240
41(2) ........................................ Rep. 122 ........................................... 1656
41(3) ........................................ 1333, 1356 123 ........................................... Rep.
41(4) ........................................ Rep. 124 ........................................... 959; T. 18 § 1911
41(5) ........................................ 1340 124a ......................................... 960
41(6) ........................................ 1339 125 ........................................... 959
41(7) ........................................ 1338 126 ........................................... 458
41(8) ........................................ 1337 127 ........................................... 957
41(9) ........................................ 1355 128 ........................................... 604, 752
41(10) ....................................... Rep. 141 ........................................... Rep.
41(11) ....................................... 1357 142 ........................................... 81
41(12–14) .................................. 1343 143 ........................................... 82
41(15) ....................................... 1344 144 ........................................... 83
41(16) ....................................... 1348 145 ........................................... 84
41(17) ....................................... 1350 146 ........................................... 85, 140
41(18) ....................................... 1351 147 ........................................... 86
41(19) ....................................... 1334 148 ........................................... 87
41(20) ....................................... 1346, 2401, 2402 149 ........................................... 89

Page 1
Page 107 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 352

(b) The Court of International Trade shall pro- (Added Pub. L. 107–273, div. C, title I, § 11042(a),
vide by its rules for representation and active Nov. 2, 2002, 116 Stat. 1848.)
participation at such conference by members of SEVERABILITY
the bar.
Pub. L. 107–273, div. C, title I, § 11044, Nov. 2, 2002, 116
(Added Pub. L. 99–466, § 2(a), Oct. 14, 1986, 100 Stat. 1856, provided that: ‘‘If any provision of this sub-
Stat. 1190.) title [subtitle C (§§ 11041–11044) of title I of div. C of Pub.
L. 107–273, enacting this chapter, amending sections 331,
EFFECTIVE DATE 332, 372, 375, and 604 of this title, and section 7253 of
Section effective 60 days after Oct. 14, 1986, see sec- Title 38, Veterans’ Benefits, and enacting provisions set
tion 4 of Pub. L. 99–466, set out as an Effective Date of out as a note under section 1 of this title], an amend-
1986 Amendment note under section 331 of this title. ment made by this subtitle, or the application of such
provision or amendment to any person or circumstance
CHAPTER 16—COMPLAINTS AGAINST is held to be unconstitutional, the remainder of this
JUDGES AND JUDICIAL DISCIPLINE subtitle, the amendments made by this subtitle, and
the application of the provisions of such to any person
Sec. or circumstance shall not be affected thereby.’’
351. Complaints; judge defined.
352. Review of complaint by chief judge. § 352. Review of complaint by chief judge
353. Special committees.
354. Action by judicial council. (a) EXPEDITIOUS REVIEW; LIMITED INQUIRY.—
355. Action by Judicial Conference. The chief judge shall expeditiously review any
356. Subpoena power.
357. Review of orders and actions. complaint received under section 351(a) or iden-
358. Rules. tified under section 351(b). In determining what
359. Restrictions. action to take, the chief judge may conduct a
360. Disclosure of information. limited inquiry for the purpose of determining—
361. Reimbursement of expenses.
362. Other provisions and rules not affected.
(1) whether appropriate corrective action
363. Court of Federal Claims, Court of Inter- has been or can be taken without the necessity
national Trade, Court of Appeals for the for a formal investigation; and
Federal Circuit. (2) whether the facts stated in the complaint
364. Effect of felony conviction. are either plainly untrue or are incapable of
being established through investigation.
§ 351. Complaints; judge defined
For this purpose, the chief judge may request
(a) FILING OF COMPLAINT BY ANY PERSON.—Any the judge whose conduct is complained of to file
person alleging that a judge has engaged in con- a written response to the complaint. Such re-
duct prejudicial to the effective and expeditious sponse shall not be made available to the com-
administration of the business of the courts, or plainant unless authorized by the judge filing
alleging that such judge is unable to discharge the response. The chief judge or his or her des-
all the duties of office by reason of mental or ignee may also communicate orally or in writ-
physical disability, may file with the clerk of ing with the complainant, the judge whose con-
the court of appeals for the circuit a written duct is complained of, and any other person who
complaint containing a brief statement of the may have knowledge of the matter, and may re-
facts constituting such conduct. view any transcripts or other relevant docu-
(b) IDENTIFYING COMPLAINT BY CHIEF JUDGE.— ments. The chief judge shall not undertake to
In the interests of the effective and expeditious make findings of fact about any matter that is
administration of the business of the courts and reasonably in dispute.
on the basis of information available to the (b) ACTION BY CHIEF JUDGE FOLLOWING RE-
chief judge of the circuit, the chief judge may, VIEW.—After expeditiously reviewing a com-
by written order stating reasons therefor, iden- plaint under subsection (a), the chief judge, by
tify a complaint for purposes of this chapter and written order stating his or her reasons, may—
thereby dispense with filing of a written com- (1) dismiss the complaint—
plaint. (A) if the chief judge finds the complaint
(c) TRANSMITTAL OF COMPLAINT.—Upon receipt to be—
of a complaint filed under subsection (a), the (i) not in conformity with section 351(a);
clerk shall promptly transmit the complaint to (ii) directly related to the merits of a de-
the chief judge of the circuit, or, if the conduct cision or procedural ruling; or
complained of is that of the chief judge, to that (iii) frivolous, lacking sufficient evi-
circuit judge in regular active service next sen- dence to raise an inference that mis-
ior in date of commission (hereafter, for pur- conduct has occurred, or containing alle-
poses of this chapter only, included in the term gations which are incapable of being estab-
‘‘chief judge’’). The clerk shall simultaneously lished through investigation; or
transmit a copy of the complaint to the judge (B) when a limited inquiry conducted
whose conduct is the subject of the complaint. under subsection (a) demonstrates that the
The clerk shall also transmit a copy of any com- allegations in the complaint lack any fac-
plaint identified under subsection (b) to the tual foundation or are conclusively refuted
judge whose conduct is the subject of the com- by objective evidence; or
plaint. (2) conclude the proceeding if the chief judge
(d) DEFINITIONS.—In this chapter—
(1) the term ‘‘judge’’ means a circuit judge, finds that appropriate corrective action has
district judge, bankruptcy judge, or mag- been taken or that action on the complaint is
istrate judge; and no longer necessary because of intervening
(2) the term ‘‘complainant’’ means the per- events.
son filing a complaint under subsection (a) of The chief judge shall transmit copies of the
this section. written order to the complainant and to the
§ 353 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 108

judge whose conduct is the subject of the com- (B) may dismiss the complaint; and
plaint. (C) if the complaint is not dismissed, shall
(c) REVIEW OF ORDERS OF CHIEF JUDGE.—A take such action as is appropriate to assure
complainant or judge aggrieved by a final order the effective and expeditious administration
of the chief judge under this section may peti- of the business of the courts within the cir-
tion the judicial council of the circuit for review cuit.
thereof. The denial of a petition for review of (2) DESCRIPTION OF POSSIBLE ACTIONS IF COM-
the chief judge’s order shall be final and conclu- PLAINT NOT DISMISSED.—
sive and shall not be judicially reviewable on ap- (A) IN GENERAL.—Action by the judicial
peal or otherwise. council under paragraph (1)(C) may include—
(d) REFERRAL OF PETITIONS FOR REVIEW TO (i) ordering that, on a temporary basis
PANELS OF THE JUDICIAL COUNCIL.—Each judicial for a time certain, no further cases be as-
council may, pursuant to rules prescribed under signed to the judge whose conduct is the
section 358, refer a petition for review filed subject of a complaint;
under subsection (c) to a panel of no fewer than (ii) censuring or reprimanding such
5 members of the council, at least 2 of whom judge by means of private communication;
shall be district judges. and
(Added Pub. L. 107–273, div. C, title I, § 11042(a), (iii) censuring or reprimanding such
Nov. 2, 2002, 116 Stat. 1849.) judge by means of public announcement.
§ 353. Special committees (B) FOR ARTICLE III JUDGES.—If the conduct
of a judge appointed to hold office during
(a) APPOINTMENT.—If the chief judge does not good behavior is the subject of the com-
enter an order under section 352(b), the chief plaint, action by the judicial council under
judge shall promptly— paragraph (1)(C) may include—
(1) appoint himself or herself and equal num- (i) certifying disability of the judge pur-
bers of circuit and district judges of the cir- suant to the procedures and standards pro-
cuit to a special committee to investigate the vided under section 372(b); and
facts and allegations contained in the com- (ii) requesting that the judge voluntarily
plaint; retire, with the provision that the length
(2) certify the complaint and any other docu- of service requirements under section 371
ments pertaining thereto to each member of of this title shall not apply.
such committee; and
(3) provide written notice to the complain- (C) FOR MAGISTRATE JUDGES.—If the con-
ant and the judge whose conduct is the subject duct of a magistrate judge is the subject of
of the complaint of the action taken under the complaint, action by the judicial council
this subsection. under paragraph (1)(C) may include directing
the chief judge of the district of the mag-
(b) CHANGE IN STATUS OR DEATH OF JUDGES.— istrate judge to take such action as the judi-
A judge appointed to a special committee under cial council considers appropriate.
subsection (a) may continue to serve on that
committee after becoming a senior judge or, in (3) LIMITATIONS ON JUDICIAL COUNCIL REGARD-
the case of the chief judge of the circuit, after ING REMOVALS.—
his or her term as chief judge terminates under (A) ARTICLE III JUDGES.—Under no circum-
subsection (a)(3) or (c) of section 45. If a judge stances may the judicial council order re-
appointed to a committee under subsection (a) moval from office of any judge appointed to
dies, or retires from office under section 371(a), hold office during good behavior.
while serving on the committee, the chief judge (B) MAGISTRATE AND BANKRUPTCY
of the circuit may appoint another circuit or JUDGES.—Any removal of a magistrate judge
district judge, as the case may be, to the com- under this subsection shall be in accordance
mittee. with section 631 and any removal of a bank-
(c) INVESTIGATION BY SPECIAL COMMITTEE.— ruptcy judge shall be in accordance with sec-
Each committee appointed under subsection (a) tion 152.
shall conduct an investigation as extensive as it (4) NOTICE OF ACTION TO JUDGE.—The judicial
considers necessary, and shall expeditiously file council shall immediately provide written no-
a comprehensive written report thereon with tice to the complainant and to the judge
the judicial council of the circuit. Such report whose conduct is the subject of the complaint
shall present both the findings of the investiga- of the action taken under this subsection.
tion and the committee’s recommendations for
necessary and appropriate action by the judicial (b) REFERRAL TO JUDICIAL CONFERENCE.—
council of the circuit. (1) IN GENERAL.—In addition to the authority
granted under subsection (a), the judicial
(Added Pub. L. 107–273, div. C, title I, § 11042(a), council may, in its discretion, refer any com-
Nov. 2, 2002, 116 Stat. 1850.) plaint under section 351, together with the
§ 354. Action by judicial council record of any associated proceedings and its
recommendations for appropriate action, to
(a) ACTIONS UPON RECEIPT OF REPORT.— the Judicial Conference of the United States.
(1) ACTIONS.—The judicial council of a cir- (2) SPECIAL CIRCUMSTANCES.—In any case in
cuit, upon receipt of a report filed under sec- which the judicial council determines, on the
tion 353(c)— basis of a complaint and an investigation
(A) may conduct any additional investiga- under this chapter, or on the basis of informa-
tion which it considers to be necessary; tion otherwise available to the judicial coun-
Page 109 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 358

cil, that a judge appointed to hold office dur- have full subpoena powers as provided in section
ing good behavior may have engaged in con- 332(d).
duct— (b) JUDICIAL CONFERENCE AND STANDING COM-
(A) which might constitute one or more MITTEES.—In conducting any investigation
grounds for impeachment under article II of under this chapter, the Judicial Conference, or a
the Constitution, or standing committee appointed by the Chief Jus-
(B) which, in the interest of justice, is not tice under section 331, shall have full subpoena
amenable to resolution by the judicial coun- powers as provided in that section.
cil, (Added Pub. L. 107–273, div. C, title I, § 11042(a),
the judicial council shall promptly certify Nov. 2, 2002, 116 Stat. 1852.)
such determination, together with any com- § 357. Review of orders and actions
plaint and a record of any associated proceed-
ings, to the Judicial Conference of the United (a) REVIEW OF ACTION OF JUDICIAL COUNCIL.—A
States. complainant or judge aggrieved by an action of
(3) NOTICE TO COMPLAINANT AND JUDGE.—A ju- the judicial council under section 354 may peti-
dicial council acting under authority of this tion the Judicial Conference of the United
subsection shall, unless contrary to the inter- States for review thereof.
ests of justice, immediately submit written (b) ACTION OF JUDICIAL CONFERENCE.—The Ju-
notice to the complainant and to the judge dicial Conference, or the standing committee es-
whose conduct is the subject of the action tablished under section 331, may grant a petition
taken under this subsection. filed by a complainant or judge under subsection
(a).
(Added Pub. L. 107–273, div. C, title I, § 11042(a), (c) NO JUDICIAL REVIEW.—Except as expressly
Nov. 2, 2002, 116 Stat. 1850.) provided in this section and section 352(c), all
orders and determinations, including denials of
§ 355. Action by Judicial Conference
petitions for review, shall be final and conclu-
(a) IN GENERAL.—Upon referral or certification sive and shall not be judicially reviewable on ap-
of any matter under section 354(b), the Judicial peal or otherwise.
Conference, after consideration of the prior pro- (Added Pub. L. 107–273, div. C, title I, § 11042(a),
ceedings and such additional investigation as it Nov. 2, 2002, 116 Stat. 1853.)
considers appropriate, shall by majority vote
take such action, as described in section § 358. Rules
354(a)(1)(C) and (2), as it considers appropriate. (a) IN GENERAL.—Each judicial council and the
(b) IF IMPEACHMENT WARRANTED.— Judicial Conference may prescribe such rules for
(1) IN GENERAL.—If the Judicial Conference the conduct of proceedings under this chapter,
concurs in the determination of the judicial including the processing of petitions for review,
council, or makes its own determination, that as each considers to be appropriate.
consideration of impeachment may be war- (b) REQUIRED PROVISIONS.—Rules prescribed
ranted, it shall so certify and transmit the de- under subsection (a) shall contain provisions re-
termination and the record of proceedings to quiring that—
the House of Representatives for whatever ac- (1) adequate prior notice of any investiga-
tion the House of Representatives considers to tion be given in writing to the judge whose
be necessary. Upon receipt of the determina- conduct is the subject of a complaint under
tion and record of proceedings in the House of this chapter;
Representatives, the Clerk of the House of (2) the judge whose conduct is the subject of
Representatives shall make available to the a complaint under this chapter be afforded an
public the determination and any reasons for opportunity to appear (in person or by coun-
the determination. sel) at proceedings conducted by the inves-
(2) IN CASE OF FELONY CONVICTION.—If a judge tigating panel, to present oral and documen-
has been convicted of a felony under State or tary evidence, to compel the attendance of
Federal law and has exhausted all means of witnesses or the production of documents, to
obtaining direct review of the conviction, or cross-examine witnesses, and to present argu-
the time for seeking further direct review of ment orally or in writing; and
the conviction has passed and no such review (3) the complainant be afforded an oppor-
has been sought, the Judicial Conference may, tunity to appear at proceedings conducted by
by majority vote and without referral or cer- the investigating panel, if the panel concludes
tification under section 354(b), transmit to the that the complainant could offer substantial
House of Representatives a determination that information.
consideration of impeachment may be war- (c) PROCEDURES.—Any rule prescribed under
ranted, together with appropriate court this section shall be made or amended only after
records, for whatever action the House of Rep- giving appropriate public notice and an oppor-
resentatives considers to be necessary. tunity for comment. Any such rule shall be a
(Added Pub. L. 107–273, div. C, title I, § 11042(a), matter of public record, and any such rule pro-
Nov. 2, 2002, 116 Stat. 1852.) mulgated by a judicial council may be modified
by the Judicial Conference. No rule promulgated
§ 356. Subpoena power under this section may limit the period of time
(a) JUDICIAL COUNCILS AND SPECIAL COMMIT- within which a person may file a complaint
TEES.—In conducting any investigation under under this chapter.
this chapter, the judicial council, or a special (Added Pub. L. 107–273, div. C, title I, § 11042(a),
committee appointed under section 353, shall Nov. 2, 2002, 116 Stat. 1853.)
 § 359 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 110

§ 359. Restrictions Federal judiciary, for those reasonable expenses,

including attorneys’ fees, incurred by that judge
(a) RESTRICTION ON INDIVIDUALS WHO ARE SUB- during the investigation which would not have
JECT OF INVESTIGATION.—No judge whose conduct
been incurred but for the requirements of this
is the subject of an investigation under this chapter.
chapter shall serve upon a special committee ap-
pointed under section 353, upon a judicial coun- (Added Pub. L. 107–273, div. C, title I, § 11042(a),
cil, upon the Judicial Conference, or upon the Nov. 2, 2002, 116 Stat. 1854.)
standing committee established under section
331, until all proceedings under this chapter re- § 362. Other provisions and rules not affected
lating to such investigation have been finally Except as expressly provided in this chapter,
terminated. nothing in this chapter shall be construed to af-
(b) AMICUS CURIAE.—No person shall be grant- fect any other provision of this title, the Fed-
ed the right to intervene or to appear as amicus eral Rules of Civil Procedure, the Federal Rules
curiae in any proceeding before a judicial coun- of Criminal Procedure, the Federal Rules of Ap-
cil or the Judicial Conference under this chap- pellate Procedure, or the Federal Rules of Evi-
ter. dence.
(Added Pub. L. 107–273, div. C, title I, § 11042(a), (Added Pub. L. 107–273, div. C, title I, § 11042(a),
Nov. 2, 2002, 116 Stat. 1853.) Nov. 2, 2002, 116 Stat. 1854.)
§ 360. Disclosure of information REFERENCES IN TEXT
The Federal Rules of Civil Procedure, the Federal
(a) CONFIDENTIALITY OF PROCEEDINGS.—Except Rules of Appellate Procedure, and the Federal Rules of
as provided in section 355, all papers, documents, Evidence, referred to in text, are set out in the Appen-
and records of proceedings related to investiga- dix to this title.
tions conducted under this chapter shall be con- The Federal Rules of Criminal Procedure, referred to
fidential and shall not be disclosed by any per- in text, are set out in the Appendix to Title 18, Crimes
son in any proceeding except to the extent and Criminal Procedure.
that—
(1) the judicial council of the circuit in its § 363. Court of Federal Claims, Court of Inter-
discretion releases a copy of a report of a spe- national Trade, Court of Appeals for the Fed-
cial committee under section 353(c) to the eral Circuit
complainant whose complaint initiated the in- The United States Court of Federal Claims,
vestigation by that special committee and to the Court of International Trade, and the Court
the judge whose conduct is the subject of the of Appeals for the Federal Circuit shall each pre-
complaint; scribe rules, consistent with the provisions of
(2) the judicial council of the circuit, the Ju- this chapter, establishing procedures for the fil-
dicial Conference of the United States, or the ing of complaints with respect to the conduct of
Senate or the House of Representatives by res- any judge of such court and for the investigation
olution, releases any such material which is and resolution of such complaints. In investigat-
believed necessary to an impeachment inves- ing and taking action with respect to any such
tigation or trial of a judge under article I of complaint, each such court shall have the pow-
the Constitution; or ers granted to a judicial council under this chap-
(3) such disclosure is authorized in writing ter.
by the judge who is the subject of the com-
plaint and by the chief judge of the circuit, (Added Pub. L. 107–273, div. C, title I, § 11042(a),
the Chief Justice, or the chairman of the Nov. 2, 2002, 116 Stat. 1854.)
standing committee established under section § 364. Effect of felony conviction
331.
In the case of any judge or judge of a court re-
(b) PUBLIC AVAILABILITY OF WRITTEN OR- ferred to in section 363 who is convicted of a fel-
DERS.—Each written order to implement any ac- ony under State or Federal law and has ex-
tion under section 354(a)(1)(C), which is issued hausted all means of obtaining direct review of
by a judicial council, the Judicial Conference, or the conviction, or the time for seeking further
the standing committee established under sec- direct review of the conviction has passed and
tion 331, shall be made available to the public no such review has been sought, the following
through the appropriate clerk’s office of the shall apply:
court of appeals for the circuit. Unless contrary (1) The judge shall not hear or decide cases
to the interests of justice, each such order shall unless the judicial council of the circuit (or, in
be accompanied by written reasons therefor. the case of a judge of a court referred to in
(Added Pub. L. 107–273, div. C, title I, § 11042(a), section 363, that court) determines otherwise.
Nov. 2, 2002, 116 Stat. 1854.) (2) Any service as such judge or judge of a
court referred to in section 363, after the con-
§ 361. Reimbursement of expenses viction is final and all time for filing appeals
Upon the request of a judge whose conduct is thereof has expired, shall not be included for
the subject of a complaint under this chapter, purposes of determining years of service under
the judicial council may, if the complaint has section 371(c), 377, or 178 of this title or cred-
been finally dismissed under section 354(a)(1)(B), itable service under subchapter III of chapter
recommend that the Director of the Administra- 83, or chapter 84, of title 5.
tive Office of the United States Courts award re- (Added Pub. L. 107–273, div. C, title I, § 11042(a),
imbursement, from funds appropriated to the Nov. 2, 2002, 116 Stat. 1855.)

http://uscode.house.gov/pdf/2006/2006usc28.pdf