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28 U.S.C. § 797 — Recall of retired judges

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 797 — Recall of retired judges

**(a)** (1) Any judge of the United States Court of Federal Claims who has retired from regular active service under subchapter III of chapter 83, or chapter 84, of title 5 shall be known and designated as a senior judge and may perform duties as a judge when recalled pursuant to subsection (b) of this section. (2) Any judge of the Court of Federal Claims receiving an annuity under [section 178(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178/c&num=0&edition=prelim) (pertaining to disability) who, in the estimation of the chief judge, has recovered sufficiently to render judicial service, shall be known and designated as a senior judge and may perform duties as a judge when recalled under subsection (b) of this section. **(b)** The chief judge of the Court of Federal Claims may, whenever he deems it advisable, recall any senior judge, with such judge’s consent, to perform such duties as a judge and for such period of time as the chief judge may specify. **(c)** Any senior judge performing duties pursuant to this section shall not be counted as a judge for purposes of the number of judgeships authorized by [section 171 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section171&num=0&edition=prelim). **(d)** Any senior judge, while performing duties pursuant to this section, shall be paid the same allowances for travel and other expenses as a judge in active service. Such senior judge shall also receive from the Court of Federal Claims supplemental pay in an amount sufficient, when added to his retirement annuity, to equal the salary of a judge in active service for the same period or periods of time. Such supplemental pay shall be paid in the same manner as the salary of a judge.

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Source file: Laws/federal/codes/united-states-code/title-28/section-797-recall-of-retired-judges--e615f8cf14.md
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Source location: Title 28, Chapter 51, § 797; chapter-051-united-states-court-of-federal-claims.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 792 — Repealed. Pub. L. 97–164, title I, § 121(b), Apr. 2, 1982, 96 Stat. 34]

### Statutory Notes Section, acts June 25, 1948, ch. 646, 62 Stat. 923; July 28, 1953, ch. 253, § 4(a), 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 41, 68 Stat. 1240; Aug. 14, 1964, Pub. L. 88–426, title IV, § 403(h), 78 Stat. 434; Oct. 15, 1966, Pub. L. 89–681, § 3, 80 Stat. 959; Dec. 16, 1967, Pub. L. 90–206, title II, § 213(e), 81 Stat. 635; Aug. 9, 1975, Pub. L. 94–82, title II, § 205(b)(7), 89 Stat. 423; July 20, 1977, Pub. L. 95–69, § 3, 91 Stat. 274, provided for appointment by Court of Claims and compensation of sixteen commissioners. #### Effective Date of Repeal Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under [section 171 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section171&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 155 — Temporary transfer of bankruptcy judges

**(a)** A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district other than the judicial district for which such bankruptcy judge was appointed upon the approval of the judicial council of each of the circuits involved. **(b)** A bankruptcy judge who has retired may, upon consent, be recalled to serve as a bankruptcy judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a bankruptcy judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference of the United States, subject to the restrictions on the payment of an annuity in [section 377 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim) or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such judge.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 797 — Recall of retired judges

Page 334 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 797 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. 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. § 797. Recall of retired judges (a)(1) Any judge of the United States Court of Federal Claims who has retired from regular ac- tive service under subchapter III of chapter 83, or chapter 84, of title 5 shall be known and des- ignated as a senior judge and may perform du- ties as a judge when recalled pursuant to sub- section (b) of this section. (2) Any judge of the Court of Federal Claims receiving an annuity under section 178(c) of this title (pertaining to disability) who, in the esti- mation of the chief judge, has recovered suffi- ciently to render judicial service, shall be known and designated as a senior judge and may perform duties as a judge when recalled under subsection (b) of this section. (b) The chief judge of the Court of Federal Claims may, whenever he deems it advisable, re- call any senior judge, with such judge’s consent, to perform such duties as a judge and for such period of time as the chief judge may specify. (c) Any senior judge performing duties pursu- ant to this section shall not be counted as a judge for purposes of the number of judgeships authorized by section 171 of this title. (d) Any senior judge, while performing duties pursuant to this section, shall be paid the same allowances for travel and other expenses as a judge in active service. Such senior judge shall also rece

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