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Federal law — U.S. Code and appendices · legal_authorities
Whenever a majority of the district judges of any district court cannot agree upon the appointment of any officer of such court, the chief judge shall make such appointment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 756
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Stable record: federal_law:legal_authorities:record_usc_7c7df467c86bffc2ef1279ea
Source file: Laws/federal/codes/united-states-code/title-28/section-756-power-to-appoint--311b821128.md
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Passage SHA-256: a3ab8e0492ec6c7f0a5a6616d4198110961203818c2f99e614b410c4c46519f3
Source location: Title 28, Chapter 49, § 756; chapter-049-district-courts.md
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** (1) In any district having more than one district judge, the chief judge of the district shall be the district judge in regular active service who is senior in commission of those judges who— (A) are sixty-four years of age or under; (B) have served for one year or more as a district judge; and (C) have not served previously as chief judge. (2) (A) In any case in which no district judge meets the qualifications of paragraph (1), the youngest district judge in regular active service who is sixty-five years of age or over and who has served as district judge for one year or more shall act as the chief judge. (B) In any case under subparagraph (A) in which there is no district judge in regular active service who has served as a district judge for one year or more, the district judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge. (3) (A) Except as provided in subparagraph (C), the chief judge of the district appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the district. (B) Except as provided in subparagraph (C), a district judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1). (C) No district judge may serve or act as chief judge of the district after attaining the age of seventy years unless no other district judge is qualified to serve as chief judge of the district under paragraph (1) or is qualified to act as chief judge under paragraph (2). **(b)** The chief judge shall have precedence and pres
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 136
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** (1) A bankruptcy judge or a United States magistrate judge appointed under chapter 43 of this title, who has retired under the provisions of [section 377 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim) or under the applicable provisions of title 5 upon attaining the age and years of service requirements established in [section 371(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section371/c&num=0&edition=prelim), may agree to be recalled to serve under this section for a period of five years as a bankruptcy judge or magistrate judge, as the case may be, upon certification that substantial service is expected to be performed by such retired judge or magistrate judge during such 5-year period. With the agreement of the judge or magistrate judge involved, a certification under this subsection may be renewed for successive 5-year periods. (2) For purposes of paragraph (1) of this subsection, a certification may be made, in the case of a bankruptcy judge or a United States magistrate,11 So in original. Probably should be “United States magistrate judge,”. by the judicial council of the circuit in which the official duty station of the judge or magistrate at the time of retirement was located. (3) For purposes of this section, the term “bankruptcy judge” means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984. **(b)** A judge or magistrate judge recalled under this section may exercise all of the powers and duties of the office of judge or magistrate judge held at the time of retirement, including the ability to serve in any other judicial district to the extent applicable, but may not engage in the
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 375
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Federal law — U.S. Code and appendices · legal_authorities
Page 331 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 791 he would be entitled as a crier shall be deemed the compensation of a law clerk for the purposes of any limitation imposed by law upon the ag- gregate salaries of law clerks and secretaries ap- pointed by a district judge. Each United States marshal may employ, with the approval of the judge, not exceeding four bailiffs as the district judge may determine, to attend the court, maintain order, wait upon the grand and petit juries, and perform such other necessary duties as the judge or marshal may di- rect. If the position of crier or bailiff is to be filled by the appointment of a person who has not pre- viously served as either crier or bailiff, pref- erence in the appointment shall be given to a person who has served in the military or naval forces of the United States in time of war and who has been honorably discharged therefrom, if in the opinion of the appointing officer such per- son is as well qualified as any other available person to perform to the satisfaction of the ap- pointing officer all the duties of the position. (June 25, 1948, ch. 646, 62 Stat. 923; Pub. L. 89–281, Oct. 21, 1965, 79 Stat. 1012; Pub. L. 100–690, title VII, § 7608(b), Nov. 18, 1988, 102 Stat. 4515.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 9, 595, 596 (R.S. § 715; Mar. 3, 1905, ch. 1487, 33 Stat. 1259; Mar. 3, 1911, ch. 231, § 5, 36 Stat. 1088; June 1, 1922, ch. 204, title II, 42 Stat. 617; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1084; May 28, 1924, ch. 204, title II, 43 Stat. 221; May 14, 1940, ch. 189, title III, 54 Stat. 204; June 28, 1941, ch. 258, title III, 55 Stat. 295; July 2, 1942, ch. 472, title III, 56 Stat. 486; July 1, 1943, ch. 182, title II, 57 Stat. 286; June
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 756
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