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38 U.S.C. § 7254 — Organization

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

38 U.S.C. § 7254 — Organization

**(a)** The Court of Appeals for Veterans Claims shall have a seal which shall be judicially noticed. **(b)** The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court. Any such panel shall have not less than three judges. The Court shall establish procedures for the assignment of the judges of the Court to such panels and for the designation of the chief of each such panel. **(c)** (1) A majority of the judges of the Court shall constitute a quorum for the transaction of the business of the Court. A vacancy in the Court shall not impair the powers or affect the duties of the Court or of the remaining judges of the Court. (2) A majority of the judges of a panel of the Court shall constitute a quorum for the transaction of the business of the panel. A vacancy in a panel of the Court shall not impair the powers or affect the duties of the panel or of the remaining judges of the panel. **(d) Precedence of Judges.—** The chief judge of the Court shall have precedence and preside at any session that the chief judge attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. **(e)** Judges of the Court shall have the authority to administer oaths.

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Stable record: federal_law:legal_authorities:record_usc_fec7b98e7318512cea6d86f8
Source file: Laws/federal/codes/united-states-code/title-38/section-7254-organization--4f90611cd1.md
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Source location: Title 38, Chapter 72, § 7254; chapter-072-united-states-court-of-appeals-for-veterans-claims.md

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**(a)** The Court of Appeals for Veterans Claims shall have a seal which shall be judicially noticed. **(b)** The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court. Any such panel shall have not less than three judges. The Court shall establish procedures for the assignment of the judges of the Court to such panels and for the designation of the chief of each such panel. **(c)** (1) A majority of the judges of the Court shall constitute a quorum for the transaction of the business of the Court. A vacancy in the Court shall not impair the powers or affect the duties of the Court or of the remaining judges of the Court. (2) A majority of the judges of a panel of the Court shall constitute a quorum for the transaction of the business of the panel. A vacancy in a panel of the Court shall not impair the powers or affect the duties of the panel or of the remaining judges of the panel. **(d) Precedence of Judges.—** The chief judge of the Court shall have precedence and preside at any session that the chief judge attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. **(e)** Judges of the Court shall have the authority to administer oaths.

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

38 U.S.C. § 7253 — Composition

**(a) Composition.—** The Court of Appeals for Veterans Claims is composed of at least three and not more than seven judges, one of whom shall serve as chief judge in accordance with subsection (d). **(b) Appointment.—** The judges of the Court shall be appointed by the President, by and with the advice and consent of the Senate, solely on the grounds of fitness to perform the duties of the office. A person may not be appointed to the Court who is not a member in good standing of the bar of a Federal court or of the highest court of a State. Not more than the number equal to the next whole number greater than one-half of the number of judges of the Court may be members of the same political party. **(c) Term of Office.—** The term of office of the judges of the Court of Appeals for Veterans Claims shall be 15 years. A judge who is nominated by the President for appointment to an additional term on the Court without a break in service and whose term of office expires while that nomination is pending before the Senate may continue in office for up to 1 year while that nomination is pending. **(d) Chief Judge.—** (1) The chief judge of the Court is the head of the Court. The chief judge of the Court shall be the judge of the Court in regular active service who is senior in commission among the judges of the Court who— (A) have served for one or more years as judges of the Court; (B) have at least 3 years remaining in term of office; and (C) have not previously served as chief judge. (2) (A) In any case in which there is no judge of the Court in regular active service who meets the requirements under paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (A) or (B) and subparagraph (C) of paragraph

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

38 U.S.C. § 7251 — Status

There is hereby established, under Article I of the Constitution of the United States, a court of record to be known as the United States Court of Appeals for Veterans Claims.

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

38 U.S.C. § 7254 — Organization

Page 1137 TITLE 38—VETERANS’ BENEFITS § 7255 EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–260 effective on the date that is 180 days after Jan. 10, 2013, see section 302(c)(1) of Pub. L. 112–260, set out as a note under section 7255 of this title. Pub. L. 112–260, title III, § 302(c)(2), Jan. 10, 2013, 126 Stat. 2426, provided that: ‘‘The amendment made by subsection (b) [amending this section] shall apply with respect to judges confirmed on or after January 1, 2012.’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–117, title X, § 1036, Nov. 30, 1999, 113 Stat. 1595, provided that: ‘‘(a) EFFECTIVE DATE.—The amendments made by this subtitle [subtitle C (§§ 1031–1036) of title X of Pub. L. 106–117, amending this section and sections 7254, 7281, 7296, and 7297 of this title] shall take effect on the date of the enactment of this Act [Nov. 30, 1999]. ‘‘(b) SAVINGS PROVISION FOR INCUMBENT CHIEF JUDGE.—The amendments made by this subtitle shall not apply while the individual who is chief judge of the Court [United States Court of Appeals for Veterans Claims] on the date of the enactment of this Act [Nov. 30, 1999] continues to serve as chief judge. If that indi- vidual, upon termination of service as chief judge, pro- vides notice under section 7257 of title 38, United States Code, of availability for service in a recalled status, the rate of pay applicable to that individual under section 7296(c)(1)(A) of such title while serving in a recalled status shall be at the rate of pay applicable to that in- dividual at the time of retirement, if greater than the rate otherwise applicable under that section.’’ EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 512(a)(1) of Pub. L. 105–368 ef- fective on first day of first month beginning mo

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