28 U.S.C. § 175 — Official duty station; residence

Page 96 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 174 Stat. 1157; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July 31, 1946, ch. 704, § 1, 60 Stat. 716). This section is based on part of section 241 of title 28, U.S.C., 1940 ed. That portion relating to number, ap- pointment of judges and their oaths, is incorporated in sections 171 and 453 of this title. A provision for monthly salary payments was omit- ted since time of payment is a matter for administra- tive determination. (See 20 Comp. Gen. 834.) The term ‘‘chief judge’’ was substituted for ‘‘Chief Justice.’’ (See reviser’s note under section 136 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ and ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’ in three places. 1982—Pub. L. 97–164 amended section generally, sub- stituting provisions relating to times and places of holding court (formerly contained in section 174) for provisions relating to the tenure and salaries of judges of the Court of Claims. See section 172 of this title. 1975—Pub. L. 94–82 substituted provision that the chief judge and associate judges receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provision granting each such judge a salary of $33,000 a year. 1964—Pub. L. 88–426 increased salaries of judges from $25,500 to $33,000 a year. 1955—Act Mar. 2, 1955, increased salaries of judges from $17,500 to $25,500 a year. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. 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 1964 AMENDMENT Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426. EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under section 4501 of Title 2, The Congress. § 174. Assignment of judges; decisions (a) The judicial power of the United States Court of Federal Claims with respect to any ac- tion, suit, or proceeding, except congressional reference cases, shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges. (b) All decisions of the Court of Federal Claims shall be preserved and open to inspec- tion. (June 25, 1948, ch. 646, 62 Stat. 898; Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 243 (Mar. 3, 1911, ch. 231, § 138, 36 Stat. 1136). This section is based on the first sentence of section 243 of title 28, U.S.C., 1940 ed. The remainder of said sec- tion is incorporated in section 175 of this title. Words ‘‘the seat of government’’ were substituted for ‘‘the city of Washington’’ to conform to similar lan- guage respecting the Supreme Court. (See section 2 of this title.) Words ‘‘to be fixed by rule of court’’ were added to provide greater flexibility in administering the busi- ness of the court. For similar provisions covering the district courts, see section 138 of this title. Word ‘‘term’’ was substituted for ‘‘session’’ for uni- formity. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ in subsec. (a) and ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’ in subsec. (b). 1982—Pub. L. 97–164 amended section generally, sub- stituting provisions relating to assignment of judges (formerly contained in section 175) for provisions relat- ing to terms of court. See section 173 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. 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. § 175. Official duty station; residence (a) The official duty station of each judge of the United States Court of Federal Claims is the District of Columbia. (b) After appointment and while in active service, each judge shall reside within fifty miles of the District of Columbia. (c) Retired judges of the Court of Federal Claims are not subject to restrictions as to resi- dence. The place where a retired judge main- tains the actual abode in which such judge cus- tomarily lives shall be deemed to be the judge’s official duty station for the purposes of section 456 of this title. (Added Pub. L. 89–425, § 2, May 11, 1966, 80 Stat. 140; amended Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106–518, title III, § 307, Nov. 13, 2000, 114 Stat. 2419.) Editorial Notes PRIOR PROVISIONS A prior section 175, act June 25, 1948, ch. 646, 62 Stat. 898, required three judges of the Court of Claims to con- stitute a quorum and the concurrence of three judges for any decision, prior to repeal by section 2 of Pub. L. 89–425. AMENDMENTS 2000—Subsec. (c). Pub. L. 106–518 added subsec. (c). Page 97 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 178 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 amended section generally, sub- stituting provisions relating to the official duty station and residence of Claims Court judges for provisions re- lating to assignment of judges, divisions, hearings, quorums and decisions. See section 174 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. 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. § 176. Removal from office (a) Removal of a judge of the United States Court of Federal Claims during the term for which he is appointed shall be only for incom- petency, misconduct, neglect of duty, engaging in the practice of law, or physical or mental dis- ability. Removal shall be by the United States Court of Appeals for the Federal Circuit, but re- moval may not occur unless a majority of all the judges of such court of appeals concur in the order of removal. (b) Before any order of removal may be en- tered, a full specification of the charges shall be furnished to the judge involved, and such judge shall be accorded an opportunity to be heard on the charges. (c) Any cause for removal of any judge of the United States Court of Federal Claims coming to the knowledge of the Director of the Adminis- trative Office of the United States Courts shall be reported by him to the chief judge of the United States Court of Appeals for the Federal Circuit, and a copy of the report shall at the same time be transmitted to the judge. (Added Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 28; amended Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes AMENDMENTS 1992—Subsecs. (a), (c). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amend- ment note under section 171 of this title. § 177. Disbarment of removed judges A judge of the United States Court of Federal Claims removed from office in accordance with section 176 of this title shall not be permitted at any time to practice before the Court of Federal Claims. (Added Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 28; amended Pub. L. 102–572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ and ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amend- ment note under section 171 of this title. § 178. Retirement of judges of the Court of Fed- eral Claims (a) A judge of the United States Court of Fed- eral Claims who retires from office after attain- ing the age and meeting the service require- ments, whether continuously or otherwise, of this subsection shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s lifetime, an annuity equal to the sal- ary payable to Court of Federal Claims judges in regular active service. The age and service re- quirements for retirement under this subsection are as follows: Attained Age: Years of Service: 65 ...................................................... 15 66 ...................................................... 14 67 ...................................................... 13 68 ...................................................... 12 69 ...................................................... 11 70 ...................................................... 10. (b) A judge of the Court of Federal Claims who is not reappointed following the expiration of the term of office of such judge, and who retires upon the completion of such term shall, subject to subsection (f), be entitled to receive, during the remainder of such judge’s lifetime, an annu- ity equal to the salary payable to Court of Fed- eral Claims judges in regular active service, if— (1) such judge has served at least 1 full term as judge of the Court of Federal Claims, and (2) not earlier than 9 months before the date on which the term of office of such judge ex- pired, and not later than 6 months before such date, such judge advised the President in writ- ing that such judge was willing to accept re- appointment as a judge of the Court of Federal Claims. (c) A judge of the Court of Federal Claims who has served at least 5 years, whether continu- ously or otherwise, as such a judge, and who re- tires or is removed from office upon the sole ground of mental or physical disability shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s lifetime—