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28 U.S.C. § 155 — Temporary transfer of bankruptcy judges
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_f31e7a56fd1f10dd9e40be92
Source file: Laws/federal/codes/united-states-code/title-28/section-155-temporary-transfer-of-bankruptcy-judges--61f72705ec.md
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Source location: Title 28, Chapter 6, § 155; chapter-006-bankruptcy-judges.md
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**(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
**(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
**(a) Retirement Based on Years of Service.—** A bankruptcy judge or magistrate judge to whom this section applies and who retires from office after attaining the age of 65 years and serving at least 14 years, whether continuously or otherwise, as such bankruptcy judge or magistrate judge shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s or magistrate judge’s lifetime, an annuity equal to the salary being received at the time the judge or magistrate judge leaves office.
**(b) Retirement Upon Failure of Reappointment.—** A bankruptcy judge or magistrate judge to whom this section applies, who is not reappointed following the expiration of the term of office of such judge or magistrate judge, and who retires upon the completion of the term shall, subject to subsection (f), be entitled to receive, upon attaining the age of 65 years and during the remainder of such bankruptcy judge’s or magistrate judge’s lifetime, an annuity equal to that portion of the salary being received at the time the judge or magistrate judge leaves office which the aggregate number of years of service, not to exceed 14, bears to 14, if—
(1) such judge or magistrate judge has served at least 1 full term as a bankruptcy judge or magistrate judge, and
(2) not earlier than 9 months before the date on which the term of office of such judge or magistrate judge expires, and not later than 6 months before such date, such judge or magistrate judge notified the appointing authority in writing that such judge or magistrate judge was willing to accept reappointment to the position in which such judge or magistrate judge was serving.
For purposes of this subsection, in the case of a bankruptcy judge, the written notice required by paragraph (2) shall be given to th
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 377
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Federal law — U.S. Code and appendices · legal_authorities
Retired judges of the United States are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which he customarily lives shall be deemed to be his official station for the purposes of [section 456 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section456&num=0&edition=prelim). The place where a judge or magistrate judge recalled under section 155, 375, 636, or 797 of this title maintains the actual abode in which the judge or magistrate judge customarily lives shall be deemed to be the official station of such judge or magistrate judge for purposes of [section 604(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section604/a/7&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 374
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts.
**(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless:
(1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Surveys by the Director.—**
(1) The Director shall, within one year immediately following the date of the enactment of the Federal Magistrates Act, make a careful survey of conditions in judicial districts to determine (A) the number of appointments of full-time magistrates and part-time magistrates required to be made under this chapter to provide for the expeditious and effective administration of justice, (B) the locations at which such officers shall serve, and (C) their respective salaries under [section 634 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section634&num=0&edition=prelim). Thereafter, the Director shall, from time to time, make such surveys, general or local, as the conference shall deem expedient.
(2) In the course of any survey, the Director shall take into account local conditions in each judicial district, including the areas and the populations to be served, the transportation and communications facilities available, the amount and distribution of business of the type expected to arise before officers appointed under this chapter (including such matters as may be assigned under section 636(b) of this chapter), and any other material factors. The Director shall give consideration to suggestions from any interested parties, including district judges, United States magistrate judges or officers appointed under this chapter, United States attorneys, bar associations, and other parties having relevant experience or information.
(3) The surveys shall be made with a view toward creating and maintaining a system of full-time United States magistrate judges. However, should the Director find, as a result of any such surveys, areas in which the employment of a full-time magistrate judge would not be feasible o
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 633
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—
(1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts;
(2) the power to administer oaths and affirmations, issue orders pursuant to [section 3142 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim) concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions;
(3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section;
(4) the power to enter a sentence for a petty offense; and
(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.
**(b)**
(1) Notwithstanding any provision of law to the contrary—
(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 636
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 797
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Federal law — U.S. Code and appendices · legal_authorities
Page 88
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 154
1982—Salaries of bankruptcy judges and referees in
bankruptcy (full-time), or referees in bankruptcy (part-
time) (maximum rate) increased to $63,600 and $31,800,
respectively, effective on first day of first pay period
beginning on or after Oct. 1, 1982, by Ex. Ord. No. 12387,
Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12387 further
provided that pursuant to section 101(e) of Pub. L.
97–276 funds are not available to pay a salary at a rate
which exceeds the rate in effect on Sept. 30, 1982, which
was $58,500 for bankruptcy judges and referees in bank-
ruptcy (full-time), and $30,600 for referees in bank-
ruptcy (part-time) (maximum rate).
Maximum rate payable to bankruptcy judges after
Dec. 17, 1982, increased from $58,500 to $63,600, see Pub.
L. 97–377, title I, § 129(b)–(d), Dec. 21, 1982, 96 Stat. 1914,
set out as a note under section 5318 of Title 5.
1981—Salaries of bankruptcy judges and referees in
bankruptcy (full-time), or referees in bankruptcy (part-
time) (maximum rate) increased to $61,200 and $30,600,
respectively, effective on first day of first pay period
beginning on or after Oct. 1, 1981, by Ex. Ord. No. 12330,
Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12330 further
provided that pursuant to section 101(c) of Pub. L. 97–51
funds are not available to pay a salary at a rate which
exceeds the rate in effect on Sept. 30, 1981, which was
$51,167.50 for bankruptcy judges and referees in bank-
ruptcy (full-time), and $25,583.75 for referees in bank-
ruptcy (part-time) (maximum rate).
1980—Salaries of bankruptcy judges and referees in
bankruptcy (full-time), or refer
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 155
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