28 USC § 294 - Assignment of retired Justices or judges to active duty
(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.
(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.
Source
(June 25, 1948, ch. 646, 62 Stat. 901; July 9, 1956, ch. 517, § 1(c),70 Stat. 497; Pub. L. 85–219, Aug. 29, 1957, 71 Stat. 495; Pub. L. 85–755, § 5,Aug. 25, 1958, 72 Stat. 849; Pub. L. 95–598, title II, § 206,Nov. 6, 1978, 92 Stat. 2660.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§ 375,
375a, and
375f (Mar. 3, 1911, ch. 231, § 260,36 Stat. 1161; Feb. 25, 1919, ch. 29, § 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, § 5, as added May 11, 1944, ch. 192, §§ 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. 95–598directed 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) ofPub. L. 95–598, as amended, set out as an Effective Date note preceding section
101 of Title
11, Bankruptcy.
1958—Subsec. (a). Pub. L. 85–755reenacted subsec. (a) without change.
Subsecs. (b) to (d). Pub. L. 85–755revised 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. 85–755reenacted subsec. (e) without change.
1957—Subsec. (d). Pub. L. 85–219added 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. 85–755not 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 ofPub. L. 85–755, set out as a note under section
291 of this title.
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The most recent Classification Table update that we have noticed was Friday, May 3, 2013
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