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28 U.S.C. § 45 — Chief judges; precedence of judges
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_e1723760e27152fb8af946fb
Source file: Laws/federal/codes/united-states-code/title-28/section-45-chief-judges-precedence-of-judges--c285457a51.md
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Source location: Title 28, Chapter 3, § 45; chapter-003-courts-of-appeals.md
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**(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 judges of the court in regular active service shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. The circuit justice, however, shall have precedence over all the circuit judges and shall preside at any session which he attends.
**(c)** If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as circuit judge, he may so certify to the Chief Justice of the United States, and thereafter the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a).
**(d)** If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the circuit judge in active service, present in the circuit and able and qualified to act, who is next in precedence.
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Federal law — U.S. Code and appendices · legal_authorities
No judge shall hear or determine an appeal from the decision of a case or issue tried by him.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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
**(a)** The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows: DistrictsJudges Alabama: Northern8 Middle3 Southern3 Alaska3 Arizona13 Arkansas: Eastern5 Western3 California: Northern14 Eastern6 Central28 Southern13 Colorado7 Connecticut8 Delaware4 District of Columbia15 Florida: Northern4 Middle15 Southern18 Georgia: Northern11 Middle4 Southern3 Hawaii4 Idaho2 Illinois: Northern22 Central4 Southern4 Indiana: Northern5 Southern5 Iowa: Northern2 Southern3 Kansas6 Kentucky: Eastern5 Western4 Eastern and Western1 Louisiana: Eastern12 Middle3 Western7 Maine3 Maryland10 Massachusetts13 Michigan: Eastern15 Western4 Minnesota7 Mississippi: Northern3 Southern6 Missouri: Eastern7 Western5 Eastern and Western2 Montana3 Nebraska3 Nevada7 New Hampshire3 New Jersey17 New Mexico7 New York: Northern5 Southern28 Eastern15 Western4 North Carolina: Eastern4 Middle4 Western5 North Dakota2 Ohio: Northern11 Southern8 Oklahoma: Northern3 Eastern1 Western6 Northern, Eastern, and Western1 Oregon6 Pennsylvania: Eastern22 Middle6 Western10 Puerto Rico7 Rhode Island3 South Carolina10 South Dakota3 Tennessee: Eastern5 Middle4 Western5 Texas: Northern12 Southern19 Eastern8 Western13 Utah5 Vermont2 Virginia: Eastern11 Western4 Washington: Eastern4 Western7 West Virginia: Northern3 Southern5 Wisconsin: Eastern5 Western2 Wyoming3.
**(b)**
(1) In any case in which a judge of the United States (other than a senior judge) assumes the duties of a full-time office of Federal judicial administration, the President shall appoint, by and with the advice and consent of the Senate, an additional judge for the court on which such judge serves. If the judge who assumes the duties of such full-time office leaves that office an
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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)** The chief judge of a circuit may designate and assign one or more district judges within the circuit to sit upon the court of appeals or a division thereof whenever the business of that court so requires. Such designations or assignments shall be in conformity with the rules or orders of the court of appeals of the circuit.
**(b)** The chief judge of a circuit may, in the public interest, designate and assign temporarily any district judge of the circuit to hold a district court in any district within the circuit.
**(c)** The chief judge of the United States Court of Appeals for the District of Columbia Circuit may, upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia pursuant to section 11–908(c) of the District of Columbia Code, designate and assign temporarily any district judge of the circuit to serve as a judge of such Superior Court, if such assignment (1) is approved by the Attorney General of the United States following a determination by him to the effect that such assignment is necessary to meet the ends of justice, and (2) is approved by the chief judge of the United States District Court for the District of Columbia.
**(d)** The Chief Justice of the United States may designate and assign temporarily a district judge of one circuit for service in another circuit, either in a district court or court of appeals, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises.
**(e)** The Chief Justice of the United States may designate and assign temporarily any district judge to serve as a judge of the Court of International Trade upon presentation to him of a certificate of necessity by the chief judge of the court.
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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
**(a)** The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall:
(1) Supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts;
(2) Examine the state of the dockets of the courts; secure information as to the courts’ need of assistance; prepare and transmit semiannually to the chief judges of the circuits, statistical data and reports as to the business of the courts;
(3) Submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Director’s recommendations, which report, data and recommendations shall be public documents.
(4) Submit to Congress and the Attorney General copies of the report, data and recommendations required by paragraph (a)(3) of this section;
(5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical assistants, and other employees of the courts whose compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices and judges of the United States appointed to hold office during good behavior, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate j
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Federal law — U.S. Code and appendices · legal_authorities
The Director, under the supervision of the Judicial Conference of the United States, shall submit to the Office of Management and Budget annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the courts and the Administrative Office and the operation of the judicial survivors annuity fund, and such supplemental and deficiency estimates as may be required from time to time for the same purposes, according to law. The Director shall cause periodic examinations of the judicial survivors annuity fund to be made by an actuary, who may be an actuary employed by another department of the Government temporarily assigned for the purpose, and whose findings and recommendations shall be transmitted by the Director to the Judicial Conference.
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Federal law — U.S. Code and appendices · legal_authorities
Page 17
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 45
‘‘(1) 2 additional circuit judges for the third circuit
court of appeals;
‘‘(2) 4 additional circuit judges for the fourth cir-
cuit court of appeals;
‘‘(3) 1 additional circuit judge for the fifth circuit
court of appeals;
‘‘(4) 1 additional circuit judge for the sixth circuit
court of appeals;
‘‘(5) 1 additional circuit judge for the eighth circuit
court of appeals; and
‘‘(6) 2 additional circuit judges for the tenth circuit
court of appeals.’’
Executive Documents
EXECUTIVE ORDER NO. 11972
Ex. Ord. No. 11972, Feb. 14, 1977, 42 F.R. 9659, as
amended by Ex. Ord. No. 11993, May 24, 1977, 42 F.R.
27197, which related to the United States Circuit Judge
Nominating Commission, was revoked by Ex. Ord. No.
12059, May 11, 1978, 43 F.R. 20949, formerly set out below.
EXECUTIVE ORDER NO. 12059
Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, as
amended by Ex. Ord. No. 12097, Nov. 8, 1978, 43 F.R.
52455, which established the United States Circuit
Judge Nominating Commission and provided for its
membership, functions, etc., was revoked by Ex. Ord.
No. 12305, May 5, 1981, 46 F.R. 25421, formerly set out as
a note under section 1013 of Title 5, Government Orga-
nization and Employees.
EX. ORD. NO. 13300. FACILITATING THE ADMINISTRATION
OF JUSTICE IN THE FEDERAL COURTS
Ex. Ord. No. 13300, May 9, 2003, 68 F.R. 25807, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to promote the prompt appoint-
ment of judges to the Federal courts, it is hereby or-
dered as follows:
SECTION 1. Policy. The Federal courts play a central
role in the American justice system. For the Federal
courts to function effectively, judicial vacanci
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 45
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