28 U.S.C. § 155 — Temporary transfer of bankruptcy judges

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 referees in bankruptcy (part- time) (maximum rate) increased to $58,400 and $29,200, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to section 101(c) of Pub. L. 96–369 funds are not available to pay a salary which ex- ceeds the rate in effect on Sept. 30, 1980, 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). For limitations on use of funds for period Oct. 1, 1980 through June 5, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, exec- utive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96–369 and section 101(c) of Pub. L. 96–536, set out as notes under section 5318 of Title 5. 1979—Salaries of bankruptcy judges increased to $53,500 effective on first day of first pay period begin- ning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96–86 funds appro- priated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or of- fice in effect on Sept. 30, 1978, which was $51,167.50 for bankruptcy judges. § 154. Division of businesses; chief judge (a) Each bankruptcy court for a district hav- ing more than one bankruptcy judge shall by majority vote promulgate rules for the division of business among the bankruptcy judges to the extent that the division of business is not other- wise provided for by the rules of the district court. (b) In each district court having more than one bankruptcy judge the district court shall designate one judge to serve as chief judge of such bankruptcy court. Whenever a majority of the judges of such district court cannot agree upon the designation as chief judge, the chief judge of such district court shall make such des- ignation. The chief judge of the bankruptcy court shall ensure that the rules of the bank- ruptcy court and of the district court are ob- served and that the business of the bankruptcy court is handled effectively and expeditiously. (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339.) § 155. Temporary transfer of bankruptcy judges (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 bank- ruptcy judge in any judicial district by the judi- cial council of the circuit within which such dis- trict is located. Upon recall, a bankruptcy judge may receive a salary for such service in accord- ance with regulations promulgated by the Judi- cial Conference of the United States, subject to the restrictions on the payment of an annuity in section 377 of this title or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such judge. (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–651, title II, § 202(a), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 100–659, § 4(a), Nov. 15, 1988, 102 Stat. 3918.) Editorial Notes AMENDMENTS 1988—Subsec. (b). Pub. L. 100–659 inserted ‘‘section 377 of this title or in’’ after ‘‘annuity in’’ and ‘‘which are applicable to such judge’’ after ‘‘title 5’’. 1986—Subsec. (b). Pub. L. 99–651 inserted reference to chapter 84 of title 5. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with excep- tion for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under sec- tion 377 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–651, title II, § 203, Nov. 14, 1986, 100 Stat. 3649, provided that: ‘‘This title and the amendments made by this title [enacting section 375 of this title and amending this section and sections 374, 631, 633, 636, and 797 of this title] take effect on January 1, 1987.’’ § 156. Staff; expenses (a) Each bankruptcy judge may appoint a sec- retary, a law clerk, and such additional assist- ants as the Director of the Administrative Office of the United States Courts determines to be necessary. A law clerk appointed under this sec- tion shall be exempt from the provisions of sub- chapter I of chapter 63 of title 5, unless specifi- cally included by the appointing judge or by local rule of court. (b) Upon certification to the judicial council of the circuit involved and to the Director of the