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28 U.S.C. § 46 — Assignment of judges; panels; hearings; quorum

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

28 U.S.C. § 46 — Assignment of judges; panels; hearings; quorum

**(a)** Circuit judges shall sit on the court and its panels in such order and at such times as the court directs. **(b)** In each circuit the court may authorize the hearing and determination of cases and controversies by separate panels, each consisting of three judges, at least a majority of whom shall be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness. Such panels shall sit at the times and places and hear the cases and controversies assigned as the court directs. The United States Court of Appeals for the Federal Circuit shall determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and, notwithstanding the first sentence of this subsection, may determine by rule the number of judges, not less than three, who constitute a panel. **(c)** Cases and controversies shall be heard and determined by a court or panel of not more than three judges (except that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide), unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service, or such number of judges as may be prescribed in accordance with section 6 of Public Law 95–486 (92 Stat. 1633), except that any senior circuit judge of the circuit shall be eligible (1) to participate, at his election and upon designation and assignme

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Source location: Title 28, Chapter 3, § 46; chapter-003-courts-of-appeals.md

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

28 U.S.C. § 41 — Number and composition of circuits

The thirteen judicial circuits of the United States are constituted as follows: CircuitsComposition District of ColumbiaDistrict of Columbia. FirstMaine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island. SecondConnecticut, New York, Vermont. ThirdDelaware, New Jersey, Pennsylvania, Virgin Islands. FourthMaryland, North Carolina, South Carolina, Virginia, West Virginia. FifthDistrict of the Canal Zone, Louisiana, Mississippi, Texas. SixthKentucky, Michigan, Ohio, Tennessee. SeventhIllinois, Indiana, Wisconsin. EighthArkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota. NinthAlaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii. TenthColorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming. EleventhAlabama, Florida, Georgia. FederalAll Federal judicial districts.

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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. § 43 — Creation and composition of courts

**(a)** There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit. **(b)** Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.

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

28 U.S.C. § 46 — Assignment of judges; panels; hearings;

Page 18 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 46 preme Court, and consolidates the provisions of the sec- ond and third sentences of section 216 of title 28, U.S.C., 1940 ed. The designation when filed in the court of ap- peals will not only record the transfer of function from the relieved chief judge to his successor, but will also determine the question of willingness of the successor to serve. Other provisions of section 216 of title 28, U.S.C., 1940 ed., are covered by section 47 of this title. Subsection (c) is new. Subsection (d) is based on section 216a of title 28, U.S.C., 1940 ed. The official status of the Chief Justice of the Court of Appeals for the District of Columbia holding office on the effective date of the act is preserved by section 2 of the bill to enact revised Title 28. Changes were made in phraseology. Editorial Notes AMENDMENTS 1982—Subsec. (a). Pub. L. 97–164, § 201(a), designated existing first sentence of subsec. (a) as par. (1), sub- stituted ‘‘The chief judge of the circuit shall be the cir- cuit 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 circuit judge; and (C) have not served pre- viously as chief judge’’ for ‘‘The circuit judge in regular active service who is senior in commission and under seventy years of age shall be the chief judge of the cir- cuit’’ in par. (1) as so designated, designated existing second sentence of subsec. (a) as par. (2)(A), substituted ‘‘In any case in which no circuit judge meets the quali- fications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or

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