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28 U.S.C. § 4 — Precedence of associate justices

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

28 U.S.C. § 4 — Precedence of associate justices

Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age.

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Stable record: federal_law:legal_authorities:record_usc_983b81da001e7adc9b64e1d0
Source file: Laws/federal/codes/united-states-code/title-28/section-4-precedence-of-associate-justices--5962aae4b6.md
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Source location: Title 28, Chapter 1, § 4; chapter-001-supreme-court.md

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Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age.

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

28 U.S.C. § 3 — Vacancy in office of Chief Justice; disability

Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified.

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

28 U.S.C. § 45 — Chief judges; precedence of judges

**(a)** (1) The chief judge of the circuit shall be the circuit 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 previously as chief judge. (2) (A) In any case in which no circuit judge meets the qualifications 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 more shall act as the chief judge. (B) In any case under subparagraph (A) in which there is no circuit judge in regular active service who has served as a circuit judge for one year or more, the circuit 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 circuit 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 circuit. (B) Except as provided in subparagraph (C), a circuit 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 circuit judge may serve or act as chief judge of the circuit after attaining the age of seventy years unless no other circuit judge is qualified to serve as chief judge of the circuit under paragraph (1) or is qualified to act as chief judge under paragraph (2). **(b)** The chief judge shall have precedence and preside at any session of the court which he attends. Other circuit judge

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

28 U.S.C. § 4 — Precedence of associate justices

Page 10 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2 title] may be cited as ‘The Customs Courts Act of 1970’.’’ SHORT TITLE OF 1966 AMENDMENT Pub. L. 89–504, title II, § 201, July 18, 1966, 80 Stat. 293, provided that: ‘‘This title [enacting provisions set out as notes under sections 603, 604, and 753 of this title] may be cited as the ‘Federal Judicial Salary Act of 1966’.’’ SHORT TITLE OF 1964 AMENDMENT Pub. L. 88–426, title IV, § 401, Aug. 14, 1964, 78 Stat. 433, provided that: ‘‘This title [amending sections 5, 44, 135, 173, 213, 252, 603, and 792 of this title, section 867 of Title 10, Armed Forces, section 68 of former Title 11, Bank- ruptcy, and section 7443 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 603, 604 and 753 of this title] may be cited as the ‘Federal Judicial Salary Act of 1964’.’’ GIFTS TO THE UNITED STATES SUPREME COURT Pub. L. 108–356, § 3, Oct. 21, 2004, 118 Stat. 1416, pro- vided that: ‘‘The Chief Justice or his designee is au- thorized to accept, hold, administer, and utilize gifts and bequests of personal property pertaining to the his- tory of the United States Supreme Court or its justices, but gifts or bequests of money shall be covered into the Treasury.’’ § 2. Terms of court The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary. (June 25, 1948, ch. 646, 62 Stat. 869.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 338 (Mar. 3, 1911, ch. 231, § 230, 36 Stat. 1156; Sept. 6, 1916, ch. 448, § 1, 39 Stat. 726). Minor changes in phraseology were made. § 3. Vacancy in office of Chief Justice; disability Whenever t

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