28 U.S.C. § 4 — Precedence of associate justices

Page 10 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2 title] may be cited as ‘The Customs Courts Act of 1970’.’’ SHORT TITLE OF 1966 AMENDMENT Pub. L. 89–504, title II, § 201, July 18, 1966, 80 Stat. 293, provided that: ‘‘This title [enacting provisions set out as notes under sections 603, 604, and 753 of this title] may be cited as the ‘Federal Judicial Salary Act of 1966’.’’ SHORT TITLE OF 1964 AMENDMENT Pub. L. 88–426, title IV, § 401, Aug. 14, 1964, 78 Stat. 433, provided that: ‘‘This title [amending sections 5, 44, 135, 173, 213, 252, 603, and 792 of this title, section 867 of Title 10, Armed Forces, section 68 of former Title 11, Bank- ruptcy, and section 7443 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 603, 604 and 753 of this title] may be cited as the ‘Federal Judicial Salary Act of 1964’.’’ GIFTS TO THE UNITED STATES SUPREME COURT Pub. L. 108–356, § 3, Oct. 21, 2004, 118 Stat. 1416, pro- vided that: ‘‘The Chief Justice or his designee is au- thorized to accept, hold, administer, and utilize gifts and bequests of personal property pertaining to the his- tory of the United States Supreme Court or its justices, but gifts or bequests of money shall be covered into the Treasury.’’ § 2. Terms of court The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary. (June 25, 1948, ch. 646, 62 Stat. 869.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 338 (Mar. 3, 1911, ch. 231, § 230, 36 Stat. 1156; Sept. 6, 1916, ch. 448, § 1, 39 Stat. 726). Minor changes in phraseology were made. § 3. Vacancy in office of Chief Justice; disability Whenever the Chief Justice is unable to per- form the duties of his office or the office is va- cant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified. (June 25, 1948, ch. 646, 62 Stat. 869.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 323 (Mar. 3, 1911, ch. 231, § 217, 36 Stat. 1152). The sentence, ‘‘This provision shall apply to every Associate Justice who succeeds to the office of Chief Justice’’, was omitted as covered by last portion of re- vised section. Minor changes were made in phraseology. For seniority of commissions, see section 4 of this title. § 4. Precedence of associate justices Associate justices shall have precedence ac- cording to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age. (June 25, 1948, ch. 646, 62 Stat. 869.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 322 (Mar. 3, 1911, ch. 231, § 216, 36 Stat. 1152). Minor changes in phraseology were made. § 5. Salaries of justices The Chief Justice and each associate justice shall each receive a salary at annual rates deter- mined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by sec- tion 461 of this title. (June 25, 1948, ch. 646, 62 Stat. 870; Mar. 2, 1955, ch. 9, § 1(a), 69 Stat. 9; Pub. L. 88–426, title IV, § 403(a), Aug. 14, 1964, 78 Stat. 434; Pub. L. 94–82, title II, § 205(b)(1), Aug. 9, 1975, 89 Stat. 422.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 324 (Mar. 3, 1911, ch. 231, § 218, 36 Stat. 1152; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July 31, 1946, ch. 704, § 1, 60 Stat. 716). The provision ‘‘to be paid monthly’’ was omitted since the time of payment of salaries is a matter of ad- ministrative convenience. (See 20 Comp. Gen. 834.) Minor changes in phraseology were made. Editorial Notes REFERENCES IN TEXT Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90–206, Dec. 16, 1967, 81 Stat. 642, which is classified to chapter 11 (§ 351 et seq.) of Title 2, The Congress. AMENDMENTS 1975—Pub. L. 94–82 substituted provisions setting the annual salary of the Chief Justice and each associate justice at rates determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provisions granting the Chief Justice and each associate justice a salary of $40,000 and $39,500 a year, respectively. 1964—Pub. L. 88–426 increased salary of Chief Justice from $35,500 to $40,000 and that of Associate Justices from $35,000 to $39,500. 1955—Act Mar. 2, 1955, increased salary of Chief Jus- tice from $25,500 to $35,500 and salaries of Associate Jus- tices from $25,000 to $35,000 a year. Statutory Notes and Related Subsidiaries 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 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. Statutory Notes and Executive Documents SALARY INCREASES For adjustment of salaries of Chief Justice and Asso- ciate Justices under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Govern- ment Organization and Employees. For prior year salary increases per the recommenda- tion of the President, see Prior Salary Recommenda- tions notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjust- ments of pay and limitations on use of funds to pay sal- aries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees. Salary of Chief Justice increased from $20,500 to $25,500 a year, and salaries of associate justices in-