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28 U.S.C. § 453 — Oaths of justices and judges
Federal law — U.S. Code and appendices · legal_authorities
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
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Source file: Laws/federal/codes/united-states-code/title-28/section-453-oaths-of-justices-and-judges--95700cc1a1.md
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Source location: Title 28, Chapter 21, § 453; chapter-021-general-provisions-applicable-to-courts-and-judges.md
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Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any justice or judge of the United States appointed to hold office during good behavior who becomes permanently disabled from performing his duties may retire from regular active service, and the President shall, by and with the advice and consent of the Senate, appoint a successor.Any justice or judge of the United States desiring to retire under this section shall certify to the President his disability in writing. Whenever an associate justice of the Supreme Court, a chief judge of a circuit or the chief judge of the Court of International Trade, desires to retire under this section, he shall furnish to the President a certificate of disability signed by the Chief Justice of the United States. A circuit or district judge, desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his circuit. A judge of the Court of International Trade desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his court. Each justice or judge retiring under this section after serving ten years continuously or otherwise shall, during the remainder of his lifetime, receive the salary of the office. A justice or judge retiring under this section who has served less than ten years in all shall, during the remainder of his lifetime, receive one-half the salary of the office.
**(b)** Whenever any judge of the United States appointed to hold office during good behavior who is eligible to retire under this section does not do so and a certificate of his disability signed by a majority of the members of the Judicial Council of his circuit in the case of a circuit or district judge, or by the Chief Justice of the United States in the case of the Chief
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Federal law — U.S. Code and appendices · legal_authorities
As used in this title:
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he or she may designate, a meeting of the judicial council of the circuit, consisting of the chief judge of the circuit, who shall preside, and an equal number of circuit judges and district judges of the circuit, as such number is determined by majority vote of all such judges of the circuit in regular active service.
(2) Members of the council shall serve for terms established by a majority vote of all judges of the circuit in regular active service.
(3) Except for the chief judge of the circuit, either judges in regular active service or judges retired from regular active service under [section 371(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section371/b&num=0&edition=prelim) may serve as members of the council. Service as a member of a judicial council by a judge retired from regular active service under section 371(b) may not be considered for meeting the requirements of section 371(f)(1)(A), (B), or (C).11 See References in Text note below.
(4) No more than one district judge from any one district shall serve simultaneously on the council, unless at least one district judge from each district within the circuit is already serving as a member of the council.
(5) In the event of the death, resignation, retirement under section 371(a) or 372(a) of this title, or disability of a member of the council, a replacement member shall be designated to serve the remainder of the unexpired term by the chief judge of the circuit.
(6) Each member of the council shall attend each council meeting unless excused by the chief judge of the circuit.
**(b)** The council shall be known as the Judicial Council of the circuit.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 332
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services, a salary at an annual rate that is equal to 92 percent of the salary of a judge of the district court of the United States as determined pursuant to section 135, to be paid at such times as the Judicial Conference of the United States determines.
**(b)** A bankruptcy judge may not engage in the practice of law and may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge’s duties as a judicial officer. The Conference may promulgate appropriate rules and regulations to implement this subsection.
**(c)** Each individual appointed under this chapter shall take the oath or affirmation prescribed by [section 453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section453&num=0&edition=prelim) before performing the duties of the office of bankruptcy judge.
**(d)** A bankruptcy judge appointed under this chapter shall be exempt from the provisions of subchapter I of chapter 63 of title 5.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 153
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Federal law — U.S. Code and appendices · legal_authorities
Prior to the hearing of a habeas corpus proceeding in behalf of a person in custody of State officers or by virtue of State laws notice shall be served on the attorney general or other appropriate officer of such State as the justice or judge at the time of issuing the writ shall direct.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts.
**(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless:
(1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
Each clerk of court and his deputies shall take the following oath or affirmation before entering upon their duties: “I, ___ ___, having been appointed ___, do solemnly swear (or affirm) that I will truly and faithfully enter and record all orders, decrees, judgments and proceedings of such court, and will faithfully and impartially discharge all other duties of my office according to the best of my abilities and understanding. So help me God.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 951
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Federal law — U.S. Code and appendices · legal_authorities
Page 154
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 453
Other provisions of said section 302 of title 28, U.S.C.,
1940 ed., are incorporated in sections 214, 456, and 604 of
this title.
The phrase ‘‘always open’’ means ‘‘never closed’’ and
signifies the time when a court can exercise its func-
tions. With respect to matters enumerated by statute
or rule as to which the court is ‘‘always open,’’ there is
no time when the court is without power to act. (Ex
parte Branch, 63 Ala. 383, 387.)
Section 13 of title 28, U.S.C., 1940 ed., provided that
‘‘The district courts, as courts of admiralty and as
courts of equity, shall be deemed always open * * *’’
for enumerated purposes, and that the judge ‘‘at cham-
bers or in the clerk’s office, and in vacation as well as
in term,’’ may make orders and issue process. The re-
vised section omits all reference to the nature of the
action or proceeding and enumeration of the acts which
may be performed by the court. This is in accord with
Rules 45(c) and 56 of the new Federal Rules of Criminal
Procedure which contain similar provisions with re-
spect to criminal procedure both in the courts of ap-
peals and in the district courts.
Rules 6(c) and 77(a) of the Federal Rules of Civil Pro-
cedure contain provisions similar to the second and
first paragraphs, respectively, of this section with re-
spect to civil actions in district courts.
Editorial Notes
AMENDMENTS
1963—Pub. L. 88–139 substituted ‘‘expiration of ses-
sions’’ for ‘‘terms’’ in section catchline, and ‘‘session’’
for ‘‘term’’ in text.
§ 453. Oaths of justices and judges
Each justice or judge of the United States
shall take the following oath or affirmation be-
fore performing the duties of his office: ‘‘I, lll
lll, do solemnly swear (or affirm) that I w
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 453
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