28 U.S.C. § 254 — Single-judge trials

Page 104 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 254 This section contains a part of section 296 of title 28, U.S.C., 1940 ed. Other provisions of such section are in- corporated in sections 251, 252, 254, 456, 1581, 2071, 2639, and 2640 of this title. Provision respecting recommendations for appoint- ment, promotions, or otherwise affecting such clerical force, was omitted as unnecessary in view of section 871 of this title. The second paragraph is partly new and conforms with similar provisions of section 136(e) of this title, re- lating to the chief judges of district courts. 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 and arrangement. Editorial Notes AMENDMENTS 1996—Pub. L. 104–317 struck out ‘‘; precedence of judges’’ after ‘‘chief judge’’ in section catchline and struck out subsecs. (d) and (e) which read as follows: ‘‘(d) Whenever the chief judge is unable to perform the duties of his office or the office is vacant, his pow- ers and duties shall devolve upon the judge next in precedence who is able to act, until such disability is removed or another chief judge is appointed and duly qualified. ‘‘(e) The chief judge shall have precedence and shall preside at any session which he attends. Other judges shall have precedence and shall preside according to the seniority of their commissions. Judges whose com- missions bear the same date shall have precedence ac- cording to seniority in age.’’ 1980—Subsec. (a). Pub. L. 96–417 redesignated the Cus- toms Court as the Court of International Trade. 1970—Pub. L. 91–271 reorganized existing provisions into lettered subsecs. (a) to (e) and made minor changes in phraseology. 1959—Pub. L. 86–243 required the chief judge to super- vise the fiscal affairs and clerical force of the court, with the approval of the court. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–271 effective Oct. 1, 1970, see section 122 of Pub. L. 91–271, set out as a note under section 256 of this title. SAVINGS PROVISION Amendment by Pub. L. 86–243 not to deprive Customs Court [now Court of International Trade] officers or employees of any rights, privileges, or civil service sta- tus, see section 4 of Pub. L. 86–243, set out as a note under section 871 of this title. § 254. Single-judge trials Except as otherwise provided in section 255 of this title, the judicial power of the Court of International Trade with respect to any action, suit or proceeding 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. (June 25, 1948, ch. 646, 62 Stat. 900; May 24, 1949, ch. 139, § 66, 63 Stat. 99; Pub. L. 91–271, title I, § 106, June 2, 1970, 84 Stat. 277; Pub. L. 96–417, title V, § 501(4), Oct. 10, 1980, 94 Stat. 1742.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 296 (Mar. 3, 1911, ch. 231, 187(a), as added Oct. 10, 1940, ch. 843, § 1, 54 Stat. 1101). This section contains a part of section 296 of title 28, U.S.C., 1940 ed. Other provisions of such section are in- corporated in sections 251, 252, 253, 456, 1581, 2071, 2639, and 2640 of this title. Words ‘‘when in the opinion of such division or judge the ends of justice so require,’’ which followed the phrase ‘‘grant a rehearing or retrial,’’ were omitted as surplusage. The term ‘‘chief judge’’ was substituted for ‘‘pre- siding judge.’’ (See reviser’s note under section 136 of this title.) The phrase ‘‘petitions for remission of additional du- ties’’ was added to the first paragraph at the suggestion of the court to conform to existing practice. Reappraisement appeals are heard by a single judge and reviewed by a division. (See sections 2631 and 2636 of this title.) The provision of section 296 of title 28, U.S.C., 1940 ed., that the presiding judge shall designate one of the three judges of a division to preside over such division was omitted as in conflict with section 253 of this title (also taken from section 296 of title 28 U.S.C., 1940 ed.), which provides that judges shall preside according to the seniority of their commissions. The latter provision is in accord with present practice. Changes were made in arrangement and phraseology. 1949 ACT This amendment clarifies section 254 of title 28, U.S.C., by restoring language of the original law. Editorial Notes PRIOR PROVISIONS Provisions similar to those relating to the assign- ment of judges to hear and determine cases, and provi- sions similar to those authorizing the chief judge to designate judges to hear and determine cases within the jurisdiction of the United States, formerly con- tained in this section, are covered by sections 255 and 256 of this title, respectively. AMENDMENTS 1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade. 1970—Pub. L. 91–271 substituted in section catchline ‘‘Single-judge trials’’ for ‘‘Divisions; powers and assign- ments’’ and substituted provisions in text requiring the judicial power of the Customs Court with respect to any action, suit, or proceeding to be exercised by a sin- gle judge, for provisions setting forth the powers of the chief judge of the Customs Court with respect to the or- ganization of such Court into divisions, and the assign- ment of judges to hear and determine pending cases. 1949—Act May 24, 1949, inserted ‘‘to hear or’’ before ‘‘to hear and determine’’ in third par. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–271 effective Oct. 1, 1970, see section 122 of Pub. L. 91–271, set out as a note under section 256 of this title. § 255. Three-judge trials (a) Upon application of any party to a civil ac- tion, or upon his own initiative, the chief judge