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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.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 360 of this title; title 38 section 7253. -End- -CITE- 28 USC Sec. 356 01/19/04 -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.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 7253. -End- -CITE- 28 USC Sec. 357 01/19/04 -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.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 7253. -End- -CITE- 28 USC Sec. 358 01/19/04 -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.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 352, 604 of this title; title 38 section 7253. -End- -CITE- 28 USC Sec. 359 01/19/04 -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.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 7253. -End- -CITE- 28 USC Sec. 360 01/19/04 -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.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 604 of this title; title 38 section 7253. -End- -CITE- 28 USC Sec. 361 01/19/04 -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.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 7253. -End- -CITE- 28 USC Sec. 362 01/19/04 -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 01/19/04 -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.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 364 of this title. -End- -CITE- 28 USC Sec. 364 01/19/04 -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- -CITE- 28 USC CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES -HEAD- CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES -MISC1- Sec. 371. Retirement on salary; retirement in senior status. 372. Retirement for disability; substitute judge on failure to retire. 373. Judges in Territories and Possessions.(!1) 374. Residence of retired judges; official station. 375. Recall of certain judges and magistrate judges. 376. Annuities for survivors of certain judicial officials of the United States. 377. Retirement of bankruptcy judges and magistrate judges. AMENDMENTS 2002 - Pub. L. 107-273, div. C, title I, Sec. 11043(a)(2), Nov. 2, 2002, 116 Stat. 1855, struck out "; judicial discipline" after "failure to retire" in item 372. 1988 - Pub. L. 100-702, title X, Sec. 1020(a)(9), Nov. 19, 1988, 102 Stat. 4672, substituted "Annuities for survivors of certain judicial officials of the United States" for "Annuities to widows and surviving dependent children of justices and judges of the United States" in item 376. Pub. L. 100-659, Sec. 2(b), Nov. 15, 1988, 102 Stat. 3916, added item 377. 1986 - Pub. L. 99-651, title II, Sec. 201(b)(2), Nov. 14, 1986, 100 Stat. 3648, amended item 375 generally. 1984 - Pub. L. 98-353, title II, Sec. 204(b), July 10, 1984, 98 Stat. 350, substituted "Retirement on salary; retirement in senior status" for "Resignation or retirement for age" in item 371. 1980 - Pub. L. 96-458, Sec. 3(c), Oct. 15, 1980, 94 Stat. 2040, inserted reference to "judicial discipline" in item 372. 1972 - Pub. L. 92-397, Sec. 3(a), (b), Aug. 22, 1972, 86 Stat. 579, substituted "JUSTICES AND JUDGES" for "JUDGES" in chapter heading, and substituted "justices and judges of the United States" for "judges" in item 376. 1959 - Pub. L. 86-312, Sec. 2, Sept. 21, 1959, 73 Stat. 587, inserted "; official station" in item 374. 1956 - Act Aug. 3, 1956, ch. 944, Sec. 1(a), 70 Stat. 1021, substituted "Annuities to widows of justices" for "Annuities to widows on the Chief Justice and Associate Justices of the Supreme Court of the United States" in item 375 and added item 376. 1954 - Act Aug. 28, 1954, ch. 1053, Sec. 2, 68 Stat. 918, added item 375. Act Feb. 10, 1954, ch. 6, Sec. 4(b), 68 Stat. 13, transferred "; substitute judge on failure to retire" from item 371 to item 372. -CHANGE- CHANGE OF NAME Words "magistrate judges" substituted for "magistrates" in items 375 and 377 pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of this title. -FOOTNOTE- (!1) Section catchline amended by Pub. L. 99-396 without corresponding amendment of analysis. -End- -CITE- 28 USC Sec. 371 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES -HEAD- Sec. 371. Retirement on salary; retirement in senior status -STATUTE- (a) Any justice or judge of the United States appointed to hold office during good behavior may retire from the office after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) and shall, during the remainder of his lifetime, receive an annuity equal to the salary he was receiving at the time he retired. (b)(1) Any justice or judge of the United States appointed to hold office during good behavior may retain the office but retire from regular active service after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) of this section and shall, during the remainder of his or her lifetime, continue to receive the salary of the office if he or she meets the requirements of subsection (e). (2) In a case in which a justice or judge who retires under paragraph (1) does not meet the requirements of subsection (e), the justice or judge shall continue to receive the salary that he or she was receiving when he or she was last in active service or, if a certification under subsection (e) was made for such justice or judge, when such a certification was last in effect. The salary of such justice or judge shall be adjusted under section 461 of this title. (c) The age and service requirements for retirement under this section are as follows: Attained age: Years of service: 65 15 66 14 67 13 68 12 69 11 70 10 (d) The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires under this section. (e)(1) In order to continue receiving the salary of the office under subsection (b), a justice must be certified in each calendar year by the Chief Justice, and a judge must be certified by the chief judge of the circuit in which the judge sits, as having met the requirements set forth in at least one of the following subparagraphs: (A) The justice or judge must have carried in the preceding calendar year a caseload involving courtroom participation which is equal to or greater than the amount of work involving courtroom participation which an average judge in active service would perform in three months. In the instance of a justice or judge who has sat on both district courts and courts of appeals, the caseload of appellate work and trial work shall be determined separately and the results of those determinations added together for purposes of this paragraph. (B) The justice or judge performed in the preceding calendar year substantial judicial duties not involving courtroom participation under subparagraph (A), including settlement efforts, motion decisions, writing opinions in cases that have not been orally argued, and administrative duties for the court to which the justice or judge is assigned. Any certification under this subparagraph shall include a statement describing in detail the nature and amount of work and certifying that the work done is equal to or greater than the work described in this subparagraph which an average judge in active service would perform in three months. (C) The justice or judge has, in the preceding calendar year, performed work described in subparagraphs (A) and (B) in an amount which, when calculated in accordance with such subparagraphs, in the aggregate equals at least 3 months work. (D) The justice or judge has, in the preceding calendar year, performed substantial administrative duties directly related to the operation of the courts, or has performed substantial duties for a Federal or State governmental entity. A certification under this subparagraph shall specify that the work done is equal to the full-time work of an employee of the judicial branch. In any year in which a justice or judge performs work described under this subparagraph for less than the full year, one-half of such work may be aggregated with work described under subparagraph (A), (B), or (C) of this paragraph for the purpose of the justice or judge satisfying the requirements of such subparagraph. (E) The justice or judge was unable in the preceding calendar year to perform judicial or administrative work to the extent required by any of subparagraphs (A) through (D) because of a temporary or permanent disability. A certification under this subparagraph shall be made to a justice who certifies in writing his or her disability to the Chief Justice, and to a judge who certifies in writing his or her disability to the chief judge of the circuit in which the judge sits. A justice or judge who is certified under this subparagraph as having a permanent disability shall be deemed to have met the requirements of this subsection for each calendar year thereafter. (2) Determinations of work performed under subparagraphs (A), (B), (C), and (D) of paragraph (1) shall be made pursuant to rules promulgated by the Judicial Conference of the United States. In promulgating such criteria, the Judicial Conference shall take into account existing standards promulgated by the Conference for allocation of space and staff for senior judges. (3) If in any year a justice or judge who retires under subsection (b) does not receive a certification under this subsection (except as provided in paragraph (1)(E)), he or she may thereafter receive a certification for that year by satisfying the requirements of subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection in a subsequent year and attributing a sufficient part of the work performed in such subsequent year to the earlier year so that the work so attributed, when added to the work performed during such earlier year, satisfies the requirements for certification for that year. However, a justice or judge may not receive credit for the same work for purposes of certification for more than 1 year. (4) In the case of any justice or judge who retires under subsection (b) during a calendar year, there shall be included in the determination under this subsection of work performed during that calendar year all work performed by that justice or judge (as described in subparagraphs (A), (B), (C), and (D) of paragraph (1)) during that calendar year before such retirement. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 903; Oct. 31, 1951, ch. 655, Sec. 39, 65 Stat. 724; Feb. 10, 1954, ch. 6, Sec. 4(a), 68 Stat. 12; Pub. L. 98-353, title II, Sec. 204(a), July 10, 1984, 98 Stat. 350; Pub. L. 100-702, title X, Sec. 1005(a), Nov. 19, 1988, 102 Stat. 4666; Pub. L. 101-194, title VII, Sec. 705(a), Nov. 30, 1989, 103 Stat. 1770; Pub. L. 104-317, title III, Sec. 301, Oct. 19, 1996, 110 Stat. 3851; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 654(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-165; Pub. L. 106-518, title III, Sec. 303, Nov. 13, 2000, 114 Stat. 2417.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 375 and 375a (Mar. 3, 1911, ch. 231, Sec. 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, Sec. 6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 1937, ch. 21, Secs. 1, 2, 50 Stat. 24; Feb. 11, 1938, ch. 25, Sec. 1, 52 Stat. 28; May 11, 1944, ch. 192, Sec. 1, 58 Stat. 218). This section consolidates provisions of sections 375 and 375a of title 28, U.S.C., 1940 ed., relating to resignation and retirement. Remaining provisions of said section 375 now appear in se

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