28 U.S.C. § 295 — Conditions upon designation and assign-

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. Page 111 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 297 Changes were made in phraseology. Editorial Notes AMENDMENTS 1978—Pub. L. 95–598 directed the amendment of sec- tion by substituting ‘‘district, or bankruptcy’’ for ‘‘or district’’, which amendment did not become effective pursuant to section 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 ‘‘of any other court of the United States’’ for ‘‘of the Customs Court’’ in first par. 1956—Act July 14, 1956, provided that no designation and assignment of a judge of the Customs Court in ac- tive service shall be made without the consent of the chief judge of the court. 1954—Act Sept. 3, 1954, made it clear that the section applies only to the assignment of circuit and district judges in active service. 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. 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. § 296. Powers upon designation and assignment A justice or judge shall discharge, during the period of his designation and assignment, all ju- dicial duties for which he is designated and as- signed. He may be required to perform any duty which might be required of a judge of the court or district or circuit to which he is designated and assigned. Such justice or judge shall have all the powers of a judge of the court, circuit or district to which he is designated and assigned, except the power to appoint any person to a statutory posi- tion or to designate permanently a depository of funds or a newspaper for publication of legal no- tices. However, a district judge who has retired from regular active service under section 371(b) of this title, when designated and assigned to the court to which such judge was appointed, having performed in the preceding calendar year an amount of work equal to or greater than the amount of work an average judge in active serv- ice on that court would perform in 6 months, and having elected to exercise such powers, shall have the powers of a judge of that court to par- ticipate in appointment of court officers and magistrate judges, rulemaking, governance, and administrative matters. A justice or judge who has sat by designation and assignment in another district or circuit may, notwithstanding his absence from such dis- trict or circuit or the expiration of the period of his designation and assignment, decide or join in the decision and final disposition of all matters submitted to him during such period and in the consideration and disposition of applications for rehearing or further proceedings in such mat- ters. (June 25, 1948, ch. 646, 62 Stat. 901; Pub. L. 110–177, title V, § 503, Jan. 7, 2008, 121 Stat. 2542.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 17, 18, 22, 23, 301 (Mar. 3, 1911, ch. 231, §§ 13, 14, 18, 19, 188, 36 Stat. 1089, 1143; Oct. 3, 1913, ch. 18, 38 Stat. 203; Feb. 25, 1919, ch. 29, §§ 2, 5, 40 Stat. 1156, 1157; Sept. 14, 1922, ch. 306, §§ 3, 4, 5, 42 Stat. 839; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §§ 1, 2, 5, 6, 56 Stat. 1094, 1095). Section simplifies provisions of sections 17, 18, para- graphs (b) and (c) of section 22, and sections 23 and 301 of title 28, U.S.C., 1940 ed., relating to powers and duties of designated judges. Other provisions of said sections 17 and 22 of title 28, U.S.C., 1940 ed., are incorporated in sections 291, 292, and 295 of this title. Other provisions of said section 301 of title 28, U.S.C., 1940 ed., are incorporated in sections 211–213, 215, and 293 of this title. Section is made applicable to retired justices of the Supreme Court by inclusion of reference to ‘‘justice,’’ on the theory that a justice should have the same pow- ers and duties and be subject to the same limitations as designated and assigned circuit and district judges. The second sentence of the revised section was sub- stituted for the provision of section 18 of title 28, U.S.C., 1940 ed., which subjected circuit judges to the same assignments of duty as the circuit judges of the circuit to which they are designated and assigned. The revised section extends this requirement and makes it applicable to all designated and assigned judges. The provision in the last paragraph of said section 22 that the action of the assigned judge in writing filed with the clerk of court where the trial or hearing was held shall be valid as if such action had been taken by him within the district and within the period of his des- ignation, was omitted as surplusage. See section 295 of this title. Editorial Notes AMENDMENTS 2008—Pub. L. 110–177 inserted at end of second par. ‘‘However, a district judge who has retired from regular active service under section 371(b) of this title, when designated and assigned to the court to which such judge was appointed, having performed in the preceding calendar year an amount of work equal to or greater than the amount of work an average judge in active service on that court would perform in 6 months, and having elected to exercise such powers, shall have the powers of a judge of that court to participate in ap- pointment of court officers and magistrate judges, rule- making, governance, and administrative matters.’’ § 297. Assignment of judges to courts of the freely associated compact states (a) The Chief Justice or the chief judge of the United States Court of Appeals for the Ninth Circuit may assign any circuit, district, mag- istrate, or territorial judge of a court of the Ninth Circuit, with the consent of the judge so assigned, to serve temporarily as a judge of any duly constituted court of the freely associated compact states whenever an official duly au- thorized by the laws of the respective compact state requests such assignment and such assign- ment is necessary for the proper dispatch of the business of the respective court. (b) The Congress consents to the acceptance and retention by any judge so authorized of re-