US (United States) Code. Title 28. Part I. Chapter 13: Assignment of judges to other courts

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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28 USC CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS

-HEAD-

CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS

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Sec.

291. Circuit judges.

292. District judges.

293. Judges of the Court of International Trade.

294. Assignment of retired justices or judges to active

duty.(!1)

295. Conditions upon designation and assignment.

296. Powers upon designation and assignment.

297. Assignment of judges to courts of the freely

associated compact states.

AMENDMENTS

1988 - Pub. L. 100-702, title X, Sec. 1022(2), Nov. 19, 1988, 102

Stat. 4673, added item 297.

1982 - Pub. L. 97-164, title I, Sec. 110(c), Apr. 2, 1982, 96

Stat. 29, substituted "the Court of International Trade" for "other

courts" in item 293.

1958 - Pub. L. 85-755, Sec. 8, Aug. 25, 1958, 72 Stat. 850,

substituted "Judges of other courts" for "Circuit or district

judges to Court of Customs and Patent Appeals" in item 293.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 175, 456, 1407 of this

title.

-FOOTNOTE-

(!1) Section catchline amended by Pub. L. 85-755 without

corresponding amendment of analysis.

-End-

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28 USC Sec. 291 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS

-HEAD-

Sec. 291. Circuit judges

-STATUTE-

(a) The Chief Justice of the United States may, in the public

interest, designate and assign temporarily any circuit judge to act

as circuit judge in another circuit upon request by the chief judge

or circuit justice of such circuit.

(b) The chief judge of a circuit or the circuit justice may, in

the public interest, designate and assign temporarily any circuit

judge within the circuit, including a judge designated and assigned

to temporary duty therein, to hold a district court in any district

within the circuit.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 900; July 28, 1953, ch. 253, Sec.

2, 67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(b), 68 Stat.

1240; July 9, 1956, ch. 517, Sec. 1(a), 70 Stat. 497; Pub. L.

85-755, Sec. 2, Aug. 25, 1958, 72 Stat. 848; Pub. L. 95-598, title

II, Sec. 202, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 97-164, title I,

Sec. 108, Apr. 2, 1982, 96 Stat. 28; Pub. L. 102-572, title I, Sec.

104, Oct. 29, 1992, 106 Stat. 4507.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 17, 22 (Mar. 3, 1911,

ch. 231, Secs. 13, 18, 36 Stat. 1089; Oct. 3, 1913, ch. 18, 38

Stat. 203; Sept. 14, 1922, ch. 306, Secs. 3, 5, 42 Stat. 839; Mar.

2, 1929, ch. 488, Sec. 1, 45 Stat. 1475; June 7, 1934, ch. 426, 48

Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937,

ch. 754, Sec. 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, Sec. 1, 56

Stat. 1094).

Section consolidates all provisions of sections 17 and 22 of

title 28, U.S.C., 1940 ed., relating to designation and assignment

of circuit judges.

The revised section omits a reference to the Chief Justice

contained in said section 22, since in exercising the powers under

subsection (b), he acts as a circuit justice.

Paragraph (d) of said section 17, making the section applicable

to the United States Court of Appeals for the District of Columbia,

is omitted since such court is included in this revision because

the District of Columbia is made a separate circuit. (See section

41 of this title.)

Provisions of said sections 17 and 22 authorizing the senior

Associate Justice to act in the absence of the Chief Justice of the

United States were omitted as surplusage in view of specific

authority to so act in section 3 of this title.

The words in said section 17 "for such time as the business of

such district court may require," were omitted as inconsistent with

the language of said section 22 of title 28, U.S.C., 1940 ed.,

which employed the words "the public interest requires" and "from

time to time and until he shall otherwise direct." The revised

section and sections 294 and 296 of this title make clear the power

to make designation and assignment without any limitation of time,

to revoke such designation and assignment and to make, from time to

time, new designations and assignments.

The term "chief judge" of the circuit was substituted for "senior

circuit judge." (See reviser's note under section 136 of this

title.)

References in said sections 17 and 22 to retired judges were

omitted as covered by section 294 of this title.

Other provisions of said section 17 of title 28, U.S.C., 1940

ed., are incorporated in sections 292, 295 and 296 of this title.

Other provisions of said section 22 of title 28, U.S.C., 1940

ed., are incorporated in section 296 of this title.

Changes were made in phraseology and arrangement.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-572 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

Chief Justice of the United States may designate and assign

temporarily any circuit judge to act as circuit judge in another

circuit upon presentation of a certificate of necessity by the

chief judge or circuit justice of the circuit where the need

arises."

1982 - Subsecs. (b), (c). Pub. L. 97-164 redesignated subsec. (c)

as (b). Former subsec. (b), which authorized the Chief Justice of

the United States to designate and temporarily assign any circuit

judge to serve as a judge of the Court of Claims or the Court of

Customs and Patent Appeals upon presentation to him of a

certificate of necessity by the chief judge of the court in which

the need arose, was struck out.

1978 - Subsec. (c). Pub. L. 95-598 directed the amendment of

subsec. (c) by inserting "or bankruptcy" after "to hold a

district", which amendment did not become effective pursuant to

section 402(b) of Pub. L. 95-598, as amended, set out as an

Effective Date note preceding section 101 of Title 11, Bankruptcy.

1958 - Subsec. (a). Pub. L. 85-755 struck out provision for

assignment of any judge of the Court of Claims to serve as circuit

judge in any circuit. See section 293(a) of this title.

Subsec. (b). Pub. L. 85-755 redesignated subsec. (c) as (b) and

incorporated in it provision for assignment of circuit judges to

Court of Customs and Patent Appeals formerly contained in section

293 of this title. Former subsec. (b), which provided for

assignment of judges of the Court of Customs and Patent Appeals to

serve as judges of the Court of Appeals or the District Court for

the District of Columbia, was struck out. See section 293(a) of

this title.

Subsecs. (c), (d). Pub. L. 85-755 redesignated subsec. (d) as

(c). Former subsec. (c) redesignated (b).

1956 - Subsec. (a). Act July 9, 1956, inserted "or any judge of

the Court of Claims to serve as a circuit judge in any circuit".

1954 - Subsec. (c). Act Sept. 3, 1954, struck out "United States"

from name of Court of Claims.

1953 - Subsecs. (c), (d). Act July 28, 1953, added subsec. (c)

and redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101(a) of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Section 7 of Pub. L. 85-755 provided that: "Nothing contained in

this Act [amending this section and sections 211 and 292 to 295 of

this title] shall be construed in any way to limit or alter the

jurisdiction heretofore conferred upon the United States Court of

Customs and Patent Appeals [now United States Court of Appeals for

the Federal Circuit] by any provision of law."

-End-

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28 USC Sec. 292 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS

-HEAD-

Sec. 292. District judges

-STATUTE-

(a) The chief judge of a circuit may designate and assign one or

more district judges within the circuit to sit upon the court of

appeals or a division thereof whenever the business of that court

so requires. Such designations or assignments shall be in

conformity with the rules or orders of the court of appeals of the

circuit.

(b) The chief judge of a circuit may, in the public interest,

designate and assign temporarily any district judge of the circuit

to hold a district court in any district within the circuit.

(c) The chief judge of the United States Court of Appeals for the

District of Columbia Circuit may, upon presentation of a

certificate of necessity by the chief judge of the Superior Court

of the District of Columbia pursuant to section 11-908(c) of the

District of Columbia Code, designate and assign temporarily any

district judge of the circuit to serve as a judge of such Superior

Court, if such assignment (1) is approved by the Attorney General

of the United States following a determination by him to the effect

that such assignment is necessary to meet the ends of justice, and

(2) is approved by the chief judge of the United States District

Court for the District of Columbia.

(d) The Chief Justice of the United States may designate and

assign temporarily a district judge of one circuit for service in

another circuit, either in a district court or court of appeals,

upon presentation of a certificate of necessity by the chief judge

or circuit justice of the circuit wherein the need arises.

(e) The Chief Justice of the United States may designate and

assign temporarily any district judge to serve as a judge of the

Court of International Trade upon presentation to him of a

certificate of necessity by the chief judge of the court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 901; July 28, 1953, ch. 253, Sec.

3, 67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(c), 68 Stat.

1240; July 9, 1956, ch. 517, Sec. 1(b), 70 Stat. 497; July 14,

1956, ch. 589, Sec. 2, 70 Stat. 532; Pub. L. 85-755, Sec. 3, Aug.

25, 1958, 72 Stat. 848; Pub. L. 91-358, title I, Sec. 172(e), July

29, 1970, 84 Stat. 591; Pub. L. 95-598, title II, Secs. 203, 204,

Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96-417, title V, Sec. 501(7),

Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97-164, title I, Sec. 109,

Apr. 2, 1982, 96 Stat. 28.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 17, 21 and 216 (Mar.

3, 1911, ch. 231, Secs. 13, 17, 120, 36 Stat. 1089, 1132; Sept. 14,

1922, ch. 306, Sec. 3, 42 Stat. 839; Aug. 24, 1937, ch. 754, Sec.

4, 50 Stat. 753; Dec. 29, 1942, ch. 835, Sec. 1, 56 Stat. 1094).

Section consolidates and simplifies all provisions of sections

17, 21 and 216 of title 28, U.S.C., 1940 ed., relating to

designation and assignment of district judges.

Term "chief judge" was substituted for "senior circuit judge."

(See Reviser's Note under section 136 of this title.)

Sections 17 and 21 of title 28, U.S.C., 1940 ed., were

inconsistent insofar as the words "or in his absence, the circuit

judges thereof," appearing in said section 17 were not in section

21, and the words "senior circuit judge then present in the

circuit," appearing in section 21 were not in section 17. The

revised section omits all such words and leaves designation of

assignment to the chief judge of the circuit. If the chief judge is

unable to perform his duties they devolve, under section 45 of this

title, upon the circuit judge next in seniority of commission.

The provision of said section 17, that designation of a district

judge to another circuit should be from an adjacent circuit if

practicable, was omitted as an unnecessary restriction on the

discretion of the Chief Justice.

Section 19 of title 28, U.S.C., 1940 ed., is omitted as

unnecessary. It authorized the Chief Justice of the United States

to designate and assign any district judge to a district upon

receiving a certificate from the clerk of the district that all

circuit judges and the circuit justice were absent from the

circuit, or were unable to appoint a substitute judge for the

district,or where the district judge actually designated was

disabled or neglected to hold court.

For omission of reference in said section 17 to senior Associate

Justice, see reviser's note under section 291 of this title.

Reference in said section 17 to retired judges were omitted as

covered by section 294 of this title.

Other provisions of said section 17 of title 28, U.S.C., 1940

ed., are incorporated in sections 291, 295, and 296 of this title.

Other provisions of said section 216 of such title are incorporated

in sections 45 and 47 of this title.

Words "either in a district court or court of appeals" were

inserted in subsection (c) as suggested by Hon. Learned Hand,

Senior Circuit Judge of the Second Circuit. The revised section

permits a district judge to be assigned directly to the circuit

court of appeals of another circuit. Under existing law it has been

assumed that he must be assigned to serve as a district judge on

the other circuit and then designated to serve on the circuit court

of appeals by that court in which his services are required.

Many changes were made in phraseology.

AMENDMENTS

1982 - Subsec. (e). Pub. L. 97-164 struck out "the Court of

Claims, the Court of Customs and Patent Appeals or" after "to serve

as a judge of" and "in which the need arises" after "chief judge of

the court".

1980 - Subsec. (e). Pub. L. 96-417 redesignated the Customs Court

as the Court of International Trade.

1978 - Subsecs. (b), (d). Pub. L. 95-598 directed the amendment

of subsec. (b) by substituting "to hold a district court or a

bankruptcy court" for "to hold a district court" and the amendment

of subsec. (d) by substituting "in a bankruptcy court, district

court, or court of appeals" for "either in a district court or

court of appeals", which amendments did not become effective

pursuant to section 402(b) of Pub. L. 95-598, as amended, set out

as an Effective Date note preceding section 101 of Title 11,

Bankruptcy.

1970 - Subsecs. (c) to (e). Pub. L. 91-358 added subsec. (c) and

redesignated former subsecs. (c) and (d) as (d) and (e),

respectively.

1958 - Subsecs. (a) to (c). Pub. L. 85-755 reenacted subsecs. (a)

to (c) without change.

Subsec. (d). Pub. L. 85-755 incorporated provisions for

assignment of district judges to the Court of Customs and Patent

Appeals and the Customs Court, formerly contained in section 293 of

this title and subsec. (f) of this section.

Subsec. (e). Pub. L. 85-755 struck out subsec. (e) which provided

for assignment of judges of the Court of Claims to district courts.

See section 293(a) of this title.

Subsec. (f). Pub. L. 85-755 struck out subsec. (f) which provided

for assignment of district judges to the Customs Court. See subsec.

(d) of this section.

1956 - Subsec. (e). Act July 9, 1956, added subsec. (e).

Subsec. (f). Act July 14, 1956, added subsec. (f).

1954 - Subsec. (d). Act Sept. 3, 1954, struck out "United States"

from name of Court of Claims.

1953 - Subsec. (d). Act July 28, 1953, added subsec. (d).

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-358 effective on first day of seventh

calendar month which begins after July 29, 1970, see section 199(a)

of Pub. L. 91-358, set out as a note under section 1257 of this

title.

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Amendment by Pub. L. 85-755 not limiting or altering the

jurisdiction of the United States Court of Customs and Patent

Appeals [now United States Court of Appeals for the Federal

Circuit], see section 7 of Pub. L. 85-755, set out as a note under

section 291 of this title.

LIMITATION OR ALTERATION OF JURISDICTION

Amendment by act July 14, 1956, not to be construed as limiting

or altering the jurisdiction heretofore conferred upon the Customs

Court [now United States Court of International Trade], see section

4 of act July 14, 1956, set out as a note under section 251 of this

title.

-End-

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28 USC Sec. 293 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS

-HEAD-

Sec. 293. Judges of the Court of International Trade

-STATUTE-

(a) (!1) The Chief Justice of the United States may designate and

assign temporarily any judge of the Court of International Trade to

perform judicial duties in any circuit, either in a court of

appeals or district court, upon presentation of a certificate of

necessity by the chief judge or circuit justice of the circuit in

which the need arises.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589, Sec.

3(a), 70 Stat. 532; Pub. L. 85-755, Sec. 4, Aug. 25, 1958, 72 Stat.

848; Pub. L. 95-598, title II, Sec. 205, Nov. 6, 1978, 92 Stat.

2660; Pub. L. 96-417, title I, Sec. 102, title V, Sec. 501(8), Oct.

10, 1980, 94 Stat. 1727, 1742; Pub. L. 97-164, title I, Sec.

110(a), (b), Apr. 2, 1982, 96 Stat. 29.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 301 (Mar. 3, 1911, ch.

231, Sec. 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, Sec. 1, 45

Stat. 1475).

Section simplifies last sentence of section 301 of title 28,

U.S.C., 1940 ed., and is in conformity with other designation and

assignment provisions of this chapter.

Other provisions of said section 301 of title 28, U.S.C., 1940

ed., are incorporated in sections 211-213, 215, and 296 of this

title.

This section transfers from the President to the Chief Justice of

the United States the authority to designate and assign which is in

conformity with sections 201 and 292 of this title.

The words "he is willing to undertake" were added to make clear

that such service is voluntary.

The term "chief judge" was substituted for "presiding judge."

(See reviser's note under section 136 of this title.)

Changes were made in phraseology.

AMENDMENTS

1982 - Pub. L. 97-164, Sec. 110(b), substituted "the Court of

International Trade" for "other courts" in section catchline.

Subsec. (a). Pub. L. 97-164, Sec. 110(a)(1), (2), redesignated

subsec. (b) as (a). Former subsec. (a), which authorized the Chief

Justice to designate and assign judges of the Court of Claims or

the Court of Customs and Patent Appeals to serve temporarily on the

other of these two courts or in a court of appeals or district

court of any circuit in times of necessity, was struck out.

Subsec. (b). Pub. L. 97-164, Sec. 110(a)(2), (3), redesignated

subsec. (e), as that subsec. was to have become effective pursuant

to Pub. L. 95-598, as subsec. (b). Former subsec. (b) redesignated

(a). See 1978 Amendment note below.

Subsecs. (c), (d). Pub. L. 97-164, Sec. 110(a)(1), struck out

subsecs. (c) and (d) which related, respectively, to the authority

of the chief judge of the Court of Customs and Patent Appeals to

designate and assign temporarily any judge of the Court of Customs

and Patent Appeals to serve as a judge of the Court of

International Trade and to the authority of the chief judge of the

Court of International Trade to designate and assign temporarily

any judge of the Court of International Trade to serve as a judge

of the Court of Customs and Patent Appeals or the Court of Claims.

Subsec. (e). Pub. L. 97-164, Sec. 110(a)(3), redesignated subsec.

(e), as that subsec. was to have become effective pursuant to Pub.

L. 95-598, as subsec. (b). See 1978 Amendment note below.

1980 - Subsec. (b). Pub. L. 96-417, Sec. 102(a), redesignated the

Customs Court as the Court of International Trade and authorized

performance of judicial functions in a court of appeals.

Subsec. (c). Pub. L. 96-417, Sec. 501(8), redesignated the

Customs Court as the Court of International Trade.

Subsec. (d). Pub. L. 96-417, Sec. 102(b), redesignated the

Customs Court as the Court of International Trade and authorized

temporary assignments to the Court of Claims of judges of the Court

of International Trade upon presentation of a certificate of

necessity by the chief judge of the Court of Claims.

1978 - Subsec. (e). Pub. L. 95-598 directed the amendment of this

section by adding subsec. (e) relating to temporary assignments of

bankruptcy judges, which amendment did not become effective

pursuant to section 402(b) of Pub. L. 95-598, as amended, set out

as an Effective Date note preceding section 101 of Title 11,

Bankruptcy.

1958 - Pub. L. 85-755 substituted "Judges of other courts" for

"Circuit or district judges to court of customs and patent appeals"

in section catchline.

Subsec. (a). Pub. L. 85-755 added subsec. (a). It incorporates

provisions of former sections 291(a), (b) and 292(e) of this title

respecting assignment of any judge of the Court of Claims to serve

as circuit judge in any circuit, assignment of judges of the Court

of Customs and Patent Appeals to serve as judges of the Court of

Appeals or the District Court of Appeals or the District Court for

the District of Columbia, and assignment of judges of the Court of

Claims to district courts, respectively.

Subsec. (b). Pub. L. 85-755 designated existing second par. as

subsec. (b).

Subsecs. (c), (d). Pub. L. 85-755 added subsecs. (c) and (d).

1956 - Act July 14, 1956, authorized the Chief Justice of the

United States to designate and assign temporarily a judge of the

Customs Court to perform judicial duties in a district court in any

circuit.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Amendment by Pub. L. 85-755 not limiting or altering the

jurisdiction of the United States Court of Customs and Patent

Appeals [now United States Court of Appeals for the Federal

Circuit], see section 7 of Pub. L. 85-755, set out as a note under

section 291 of this title.

LIMITATION OR ALTERATION OF JURISDICTION

Amendment by act July 14, 1956, not to be construed as limiting

or altering the jurisdiction heretofore conferred upon the Customs

Court [now United States Court of International Trade], see section

4 of act July 14, 1956, set out as a note under section 251 of this

title.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-

28 USC Sec. 294 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS

-HEAD-

Sec. 294. Assignment of retired Justices or judges to active duty

-STATUTE-

(a) Any retired Chief Justice of the United States or Associate

Justice of the Supreme Court may be designated and assigned by the

Chief Justice of the United States to perform such judicial duties

in any circuit, including those of a circuit justice, as he is

willing to undertake.

(b) Any judge of the United States who has retired from regular

active service under section 371(b) or 372(a) of this title shall

be known and designated as a senior judge and may continue to

perform such judicial duties as he is willing and able to

undertake, when designated and assigned as provided in subsections

(c) and (d).

(c) Any retired circuit or district judge may be designated and

assigned by the chief judge or judicial council of his circuit to

perform such judicial duties within the circuit as he is willing

and able to undertake. Any other retired judge of the United States

may be designated and assigned by the chief judge of his court to

perform such judicial duties in such court as he is willing and

able to undertake.

(d) The Chief Justice of the United States shall maintain a

roster of retired judges of the United States who are willing and

able to undertake special judicial duties from time to time outside

their own circuit, in the case of a retired circuit or district

judge, or in a court other than their own, in the case of other

retired judges, which roster shall be known as the roster of senior

judges. Any such retired judge of the United States may be

designated and assigned by the Chief Justice to perform such

judicial duties as he is willing and able to undertake in a court

outside his own circuit, in the case of a retired circuit or

district judge, or in a court other than his own, in the case of

any other retired judge of the United States. Such designation and

assignment to a court of appeals or district court shall be made

upon the presentation of a certificate of necessity by the chief

judge or circuit justice of the circuit wherein the need arises and

to any other court of the United States upon the presentation of a

certificate of necessity by the chief judge of such court. No such

designation or assignment shall be made to the Supreme Court.

(e) No retired justice or judge shall perform judicial duties

except when designated and assigned.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 901; July 9, 1956, ch. 517, Sec.

1(c), 70 Stat. 497; Pub. L. 85-219, Aug. 29, 1957, 71 Stat. 495;

Pub. L. 85-755, Sec. 5, Aug. 25, 1958, 72 Stat. 849; Pub. L.

95-598, title II, Sec. 206, Nov. 6, 1978, 92 Stat. 2660.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 375, 375a, and 375f

(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, 50 Stat. 24; Feb. 11, 1938, ch. 25, 52 Stat.

28; Aug. 5, 1939, ch. 433, Sec. 5, as added May 11, 1944, ch. 192,

Secs. 1-3, 58 Stat. 218, 219).

Section consolidates those parts of sections 375, 375a, and 375f

of title 28, U.S.C., 1940 ed., relating to designation and

assignment of retired justices and judges. Other provisions of said

sections 375 and 375a, appear in sections 136, 371, and 756 of this

title.

The term "chief judge" was substituted for "presiding judge or

senior judge." (See Reviser's Note under section 136 of this

title.)

Changes were made in phraseology.

AMENDMENTS

1978 - Subsecs. (c), (d). Pub. L. 95-598 directed the amendment

of subsec. (c) by substituting "district or bankruptcy judge" for

"or district" and the amendment of subsec. (d) by substituting ",

district judge or bankruptcy judge" for "or district judge", which

amendments did not become effective pursuant to section 402(b) of

Pub. L. 95-598, as amended, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

1958 - Subsec. (a). Pub. L. 85-755 reenacted subsec. (a) without

change.

Subsecs. (b) to (d). Pub. L. 85-755 revised and rearranged

subject matter to apply "senior judge" to all judges who retire

from regular active service under sections 371(b) and 372(a) of

this title, while retaining their commissions, rather than merely

to those who ask to be placed on the Chief Justice's roster, to

lodge solely in the chief judge and judicial council of the circuit

concerned the intracircuit assignment power, and in the Chief

Justice the power to assign retired judges beyond their circuits or

special courts.

Subsec. (e). Pub. L. 85-755 reenacted subsec. (e) without change.

1957 - Subsec. (d). Pub. L. 85-219 added subsec. (d).

1956 - Subsec. (b). Act July 9, 1956, inserted provisions

relating to assignment of retired judges of the Court of Claims.

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Amendment by Pub. L. 85-755 not limiting or altering the

jurisdiction of the United States Court of Customs and Patent

Appeals [now United States Court of Appeals for the Federal

Circuit], see section 7 of Pub. L. 85-755, set out as a note under

section 291 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 46 of this title; title 26

section 3121; title 42 section 409.

-End-

-CITE-

28 USC Sec. 295 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS

-HEAD-

Sec. 295. Conditions upon designation and assignment

-STATUTE-

No designation and assignment of a circuit or district judge in

active service shall be made without the consent of the chief judge

or judicial council of the circuit from which the judge is to be

designated and assigned. No designation and assignment of a judge

of any other court of the United States in active service shall be

made without the consent of the chief judge of such court.

All designations and assignments of justices and judges shall be

filed with the clerks and entered on the minutes of the courts from

and to which made.

The Chief Justice of the United States, a circuit justice or a

chief judge of a circuit may make new designation and assignments

in accordance with the provisions of this chapter and may revoke

those previously made by him.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 901; Sept. 3, 1954, ch. 1263,

Sec. 39(d), 68 Stat. 1240; July 14, 1956, ch. 589, Sec. 3(b), 70

Stat. 532; Pub. L. 85-755, Sec. 6, Aug. 25, 1958, 72 Stat. 850;

Pub. L. 95-598, title II, Sec. 207, Nov. 6, 1978, 92 Stat. 2660.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 17, 20 (Mar. 3, 1911,

ch. 231, Secs. 13, 16, 36 Stat. 1089; Sept. 14, 1922, ch. 306, Sec.

3, 42 Stat. 839; Aug. 24, 1937, ch. 754, Sec. 4, 50 Stat. 753; Dec.

29, 1942, ch. 835, Secs. 1, 4, 56 Stat. 1094, 1095).

This section consolidates and simplifies provisions of sections

17 and 20 of title 28, U.S.C., 1940 ed., relating to conditions

upon designation and assignment as well as those applicable to

filing, revoking and making new designations.

Other provisions of section 17 of title 28, U.S.C., 1940 ed., are

incorporated in section 291, 292, and 296 of this title.

The reference in said section 20 to senior Associate Judge was

omitted. (See Reviser's Note under section 291 of this title.)

The terms "chief judge" and "chief judge of a circuit" were

substituted for "senior circuit judge". (See Reviser's Note under

section 136 of this title.)

The alternative provision for approval by the judicial council of

the circuit was inserted to conform with section 332 of this title.

Changes were made in phraseology.

AMENDMENTS

1978 - Pub. L. 95-598 directed the amendment of section by

substituting "district, or bankruptcy" for "or district", which

amendment did not become effective pursuant to section 402(b) of

Pub. L. 95-598, as amended, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

1958 - Pub. L. 85-755 substituted "of any other court of the

United States" for "of the Customs Court" in first par.

1956 - Act July 14, 1956, provided that no designation and

assignment of a judge of the Customs Court in active service shall

be made without the consent of the chief judge of the court.

1954 - Act Sept. 3, 1954, made it clear that the section applies

only to the assignment of circuit and district judges in active

service.

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Amendment by Pub. L. 85-755 not limiting or altering the

jurisdiction of the United States Court of Customs and Patent

Appeals [now United States Court of Appeals for the Federal

Circuit], see section 7 of Pub. L. 85-755, set out as a note under

section 291 of this title.

LIMITATION OR ALTERATION OF JURISDICTION

Amendment by act July 14, 1956, not to be construed as limiting

or altering the jurisdiction heretofore conferred upon the Customs

Court [now United States Court of International Trade], see section

4 of act July 14, 1956, set out as a note under section 251 of this

title.

-End-

-CITE-

28 USC Sec. 296 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS

-HEAD-

Sec. 296. Powers upon designation and assignment

-STATUTE-

A justice or judge shall discharge, during the period of his

designation and assignment, all judicial duties for which he is

designated and assigned. He may be required to perform any duty

which might be required of a judge of the court or district or

circuit to which he is designated and assigned.

Such justice or judge shall have all the powers of a judge of the

court, circuit or district to which he is designated and assigned,

except the power to appoint any person to a statutory position or

to designate permanently a depository of funds or a newspaper for

publication of legal notices.

A justice or judge who has sat by designation and assignment in

another district or circuit may, notwithstanding his absence from

such district or circuit or the expiration of the period of his

designation and assignment, decide or join in the decision and

final disposition of all matters submitted to him during such

period and in the consideration and disposition of applications for

rehearing or further proceedings in such matters.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 901.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 17, 18, 22, 23, 301

(Mar. 3, 1911, ch. 231, Secs. 13, 14, 18, 19, 188, 36 Stat. 1089,

1143; Oct. 3, 1913, ch. 18, 38 Stat. 203; Feb. 25, 1919, ch. 29,

Secs. 2, 5, 40 Stat. 1156, 1157; Sept. 14, 1922, ch. 306, Secs. 3,

4, 5, 42 Stat. 839; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919;

Mar. 2, 1929, ch. 488, Sec. 1, 45 Stat. 1475; June 7, 1934, ch.

426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24,

1937, ch. 754, Sec. 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, Secs.

1, 2, 5, 6, 56 Stat. 1094, 1095).

Section simplifies provisions of sections 17, 18, paragraphs (b)

and (c) of section 22, and sections 23 and 301 of title 28, U.S.C.,

1940 ed., relating to powers and duties of designated judges.

Other provisions of said sections 17 and 22 of title 28, U.S.C.,

1940 ed., are incorporated in sections 291, 292, and 295 of this

title.

Other provisions of said section 301 of title 28, U.S.C., 1940

ed., are incorporated in sections 211-213, 215, and 293 of this

title.

Section is made applicable to retired justices of the Supreme

Court by inclusion of reference to "justice," on the theory that a

justice should have the same powers and duties and be subject to

the same limitations as designated and assigned circuit and

district judges.

The second sentence of the revised section was substituted for

the provision of section 18 of title 28, U.S.C., 1940 ed., which

subjected circuit judges to the same assignments of duty as the

circuit judges of the circuit to which they are designated and

assigned. The revised section extends this requirement and makes it

applicable to all designated and assigned judges.

The provision in the last paragraph of said section 22 that the

action of the assigned judge in writing filed with the clerk of

court where the trial or hearing was held shall be valid as if such

action had been taken by him within the district and within the

period of his designation, was omitted as surplusage. See section

295 of this title.

-End-

-CITE-

28 USC Sec. 297 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS

-HEAD-

Sec. 297. Assignment of judges to courts of the freely associated

compact states

-STATUTE-

(a) The Chief Justice or the chief judge of the United States

Court of Appeals for the Ninth Circuit may assign any circuit or

district judge of the Ninth Circuit, with the consent of the judge

so assigned, to serve temporarily as a judge of any duly

constituted court of the freely associated compact states whenever

an official duly authorized by the laws of the respective compact

state requests such assignment and such assignment is necessary for

the proper dispatch of the business of the respective court.

(b) The Congress consents to the acceptance and retention by any

judge so authorized of reimbursement from the countries referred to

in subsection (a) of all necessary travel expenses, including

transportation, and of subsistence, or of a reasonable per diem

allowance in lieu of subsistence. The judge shall report to the

Administrative Office of the United States Courts any amount

received pursuant to this subsection.

-SOURCE-

(Added Pub. L. 100-702, title X, Sec. 1022(1), Nov. 19, 1988, 102

Stat. 4672.)

-End-