28 U.S.C. § 294 — Assignment of retired Justices or judges to

Page 109 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 294 of the Court of International Trade to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit in which the need arises. (June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589, § 3(a), 70 Stat. 532; Pub. L. 85–755, § 4, Aug. 25, 1958, 72 Stat. 848; Pub. L. 95–598, title II, § 205, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96–417, title I, § 102, title V, § 501(8), Oct. 10, 1980, 94 Stat. 1727, 1742; Pub. L. 97–164, title I, § 110(a), (b), Apr. 2, 1982, 96 Stat. 29.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 301 (Mar. 3, 1911, ch. 231, § 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475). Section simplifies last sentence of section 301 of title 28, U.S.C., 1940 ed., and is in conformity with other des- ignation and assignment provisions of this chapter. Other provisions of said section 301 of title 28, U.S.C., 1940 ed., are incorporated in sections 211–213, 215, and 296 of this title. This section transfers from the President to the Chief Justice of the United States the authority to designate and assign which is in conformity with sections 201 and 292 of this title. The words ‘‘he is willing to undertake’’ were added to make clear that such service is voluntary. The term ‘‘chief judge’’ was substituted for ‘‘pre- siding judge.’’ (See reviser’s note under section 136 of this title.) Changes were made in phraseology. Editorial Notes AMENDMENTS 1982—Pub. L. 97–164, § 110(b), substituted ‘‘the Court of International Trade’’ for ‘‘other courts’’ in section catchline. Subsec. (a). Pub. L. 97–164, § 110(a)(1), (2), redesignated subsec. (b) as (a). Former subsec. (a), which authorized the Chief Justice to designate and assign judges of the Court of Claims or the Court of Customs and Patent Appeals to serve temporarily on the other of these two courts or in a court of appeals or district court of any circuit in times of necessity, was struck out. Subsec. (b). Pub. L. 97–164, § 110(a)(2), (3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). Former sub- sec. (b) redesignated (a). See 1978 Amendment note below. Subsecs. (c), (d). Pub. L. 97–164, § 110(a)(1), struck out subsecs. (c) and (d) which related, respectively, to the authority of the chief judge of the Court of Customs and Patent Appeals to designate and assign tempo- rarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Court of Inter- national Trade and to the authority of the chief judge of the Court of International Trade to designate and as- sign temporarily any judge of the Court of Inter- national Trade to serve as a judge of the Court of Cus- toms and Patent Appeals or the Court of Claims. Subsec. (e). Pub. L. 97–164, § 110(a)(3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). See 1978 Amendment note below. 1980—Subsec. (b). Pub. L. 96–417, § 102(a), redesignated the Customs Court as the Court of International Trade and authorized performance of judicial functions in a court of appeals. Subsec. (c). Pub. L. 96–417, § 501(8), redesignated the Customs Court as the Court of International Trade. Subsec. (d). Pub. L. 96–417, § 102(b), redesignated the Customs Court as the Court of International Trade and authorized temporary assignments to the Court of Claims of judges of the Court of International Trade upon presentation of a certificate of necessity by the chief judge of the Court of Claims. 1978—Subsec. (e). Pub. L. 95–598 directed the amend- ment of this section by adding subsec. (e) relating to temporary assignments of bankruptcy judges, which amendment did not become effective pursuant to sec- tion 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 1958—Pub. L. 85–755 substituted ‘‘Judges of other courts’’ for ‘‘Circuit or district judges to court of cus- toms and patent appeals’’ in section catchline. Subsec. (a). Pub. L. 85–755 added subsec. (a). It incor- porates provisions of former sections 291(a), (b) and 292(e) of this title respecting assignment of any judge of the Court of Claims to serve as circuit judge in any cir- cuit, assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Ap- peals or the District Court of Appeals or the District Court for the District of Columbia, and assignment of judges of the Court of Claims to district courts, respec- tively. Subsec. (b). Pub. L. 85–755 designated existing second par. as subsec. (b). Subsecs. (c), (d). Pub. L. 85–755 added subsecs. (c) and (d). 1956—Act July 14, 1956, authorized the Chief Justice of the United States to designate and assign temporarily a judge of the Customs Court to perform judicial duties in a district court in any circuit. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title. JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS Amendment by Pub. L. 85–755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals [now United States Court of Ap- peals for the Federal Circuit], see section 7 of Pub. L. 85–755, set out as a note under section 291 of this title. LIMITATION OR ALTERATION OF JURISDICTION Amendment by act July 14, 1956, not to be construed as limiting or altering the jurisdiction heretofore con- ferred upon the Customs Court [now United States Court of International Trade], see section 4 of act July 14, 1956, set out as a note under section 251 of this title. § 294. Assignment of retired Justices or judges to active duty (a) Any retired Chief Justice of the United States or Associate Justice of the Supreme Court may be designated and assigned by the Chief Justice of the United States to perform such judicial duties in any circuit, including those of a circuit justice, as he is willing to un- dertake. (b) Any judge of the United States who has re- tired from regular active service under section 371(b) or 372(a) of this title shall be known and designated as a senior judge and may continue to perform such judicial duties as he is willing and able to undertake, when designated and as- signed as provided in subsections (c) and (d). Page 110 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 295 (c) Any retired circuit or district judge may be designated and assigned by the chief judge or ju- dicial council of his circuit to perform such judi- cial duties within the circuit as he is willing and able to undertake. Any other retired judge of the United States may be designated and as- signed by the chief judge of his court to perform such judicial duties in such court as he is will- ing and able to undertake. (d) The Chief Justice of the United States shall maintain a roster of retired judges of the United States who are willing and able to under- take special judicial duties from time to time outside their own circuit, in the case of a retired circuit or district judge, or in a court other than their own, in the case of other retired judges, which roster shall be known as the roster of sen- ior judges. Any such retired judge of the United States may be designated and assigned by the Chief Justice to perform such judicial duties as he is willing and able to undertake in a court outside his own circuit, in the case of a retired circuit or district judge, or in a court other than his own, in the case of any other retired judge of the United States. Such designation and assign- ment to a court of appeals or district court shall be made upon the presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises and to any other court of the United States upon the pres- entation of a certificate of necessity by the chief judge of such court. No such designation or as- signment shall be made to the Supreme Court. (e) No retired justice or judge shall perform ju- dicial duties except when designated and as- signed. (June 25, 1948, ch. 646, 62 Stat. 901; July 9, 1956, ch. 517, § 1(c), 70 Stat. 497; Pub. L. 85–219, Aug. 29, 1957, 71 Stat. 495; Pub. L. 85–755, § 5, Aug. 25, 1958, 72 Stat. 849; Pub. L. 95–598, title II, § 206, Nov. 6, 1978, 92 Stat. 2660.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 375, 375a, and 375f (Mar. 3, 1911, ch. 231, § 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, § 6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 1937, ch. 21, 50 Stat. 24; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5, 1939, ch. 433, § 5, as added May 11, 1944, ch. 192, §§ 1–3, 58 Stat. 218, 219). Section consolidates those parts of sections 375, 375a, and 375f of title 28, U.S.C., 1940 ed., relating to designa- tion and assignment of retired justices and judges. Other provisions of said sections 375 and 375a, appear in sections 136, 371, and 756 of this title. The term ‘‘chief judge’’ was substituted for ‘‘pre- siding judge or senior judge.’’ (See Reviser’s Note under section 136 of this title.) Changes were made in phraseology. Editorial Notes AMENDMENTS 1978—Subsecs. (c), (d). Pub. L. 95–598 directed the amendment of subsec. (c) by substituting ‘‘district or bankruptcy judge’’ for ‘‘or district’’ and the amend- ment of subsec. (d) by substituting ‘‘, district judge or bankruptcy judge’’ for ‘‘or district judge’’, which amendments did not become effective pursuant to sec- tion 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 1958—Subsec. (a). Pub. L. 85–755 reenacted subsec. (a) without change. Subsecs. (b) to (d). Pub. L. 85–755 revised and re- arranged subject matter to apply ‘‘senior judge’’ to all judges who retire from regular active service under sec- tions 371(b) and 372(a) of this title, while retaining their commissions, rather than merely to those who ask to be placed on the Chief Justice’s roster, to lodge solely in the chief judge and judicial council of the circuit concerned the intracircuit assignment power, and in the Chief Justice the power to assign retired judges be- yond their circuits or special courts. Subsec. (e). Pub. L. 85–755 reenacted subsec. (e) with- out change. 1957—Subsec. (d). Pub. L. 85–219 added subsec. (d). 1956—Subsec. (b). Act July 9, 1956, inserted provisions relating to assignment of retired judges of the Court of Claims. Statutory Notes and Related Subsidiaries JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS Amendment by Pub. L. 85–755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals [now United States Court of Ap- peals for the Federal Circuit], see section 7 of Pub. L. 85–755, set out as a note under section 291 of this title. § 295. Conditions upon designation and assign- ment No designation and assignment of a circuit or district judge in active service shall be made without the consent of the chief judge or judi- cial council of the circuit from which the judge is to be designated and assigned. No designation and assignment of a judge of any other court of the United States in active service shall be made without the consent of the chief judge of such court. All designations and assignments of justices and judges shall be filed with the clerks and en- tered on the minutes of the courts from and to which made. The Chief Justice of the United States, a cir- cuit justice or a chief judge of a circuit may make new designation and assignments in ac- cordance with the provisions of this chapter and may revoke those previously made by him. (June 25, 1948, ch. 646, 62 Stat. 901; Sept. 3, 1954, ch. 1263, § 39(d), 68 Stat. 1240; July 14, 1956, ch. 589, § 3(b), 70 Stat. 532; Pub. L. 85–755, § 6, Aug. 25, 1958, 72 Stat. 850; Pub. L. 95–598, title II, § 207, Nov. 6, 1978, 92 Stat. 2660.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 17, 20 (Mar. 3, 1911, ch. 231, §§ 13, 16, 36 Stat. 1089; Sept. 14, 1922, ch. 306, § 3, 42 Stat. 839; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §§ 1, 4, 56 Stat. 1094, 1095). This section consolidates and simplifies provisions of sections 17 and 20 of title 28, U.S.C., 1940 ed., relating to conditions upon designation and assignment as well as those applicable to filing, revoking and making new designations. Other provisions of section 17 of title 28, U.S.C., 1940 ed., are incorporated in section 291, 292, and 296 of this title. The reference in said section 20 to senior Associate Judge was omitted. (See Reviser’s Note under section 291 of this title.) The terms ‘‘chief judge’’ and ‘‘chief judge of a cir- cuit’’ were substituted for ‘‘senior circuit judge’’. (See Reviser’s Note under section 136 of this title.) The alternative provision for approval by the judicial council of the circuit was inserted to conform with sec- tion 332 of this title.