28 U.S.C. § 797 — Recall of retired judges

Page 334 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 797 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. § 797. Recall of retired judges (a)(1) Any judge of the United States Court of Federal Claims who has retired from regular ac- tive service under subchapter III of chapter 83, or chapter 84, of title 5 shall be known and des- ignated as a senior judge and may perform du- ties as a judge when recalled pursuant to sub- section (b) of this section. (2) Any judge of the Court of Federal Claims receiving an annuity under section 178(c) of this title (pertaining to disability) who, in the esti- mation of the chief judge, has recovered suffi- ciently to render judicial service, shall be known and designated as a senior judge and may perform duties as a judge when recalled under subsection (b) of this section. (b) The chief judge of the Court of Federal Claims may, whenever he deems it advisable, re- call any senior judge, with such judge’s consent, to perform such duties as a judge and for such period of time as the chief judge may specify. (c) Any senior judge performing duties pursu- ant to this section shall not be counted as a judge for purposes of the number of judgeships authorized by section 171 of this title. (d) Any senior judge, while performing duties pursuant to this section, shall be paid the same allowances for travel and other expenses as a judge in active service. Such senior judge shall also receive from the Court of Federal Claims supplemental pay in an amount sufficient, when added to his retirement annuity, to equal the salary of a judge in active service for the same period or periods of time. Such supplemental pay shall be paid in the same manner as the sal- ary of a judge. (Added Pub. L. 92–375, § 2, Aug. 10, 1972, 86 Stat. 529; amended Pub. L. 97–164, title I, § 121(f)(1), Apr. 2, 1982, 96 Stat. 35; Pub. L. 99–651, title II, § 202(c), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 102–572, title IX, §§ 902(a), 904(b), Oct. 29, 1992, 106 Stat. 4516, 4517; Pub. L. 106–518, title III, § 308, Nov. 13, 2000, 114 Stat. 2419.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–518 designated existing provisions as par. (1) and added par. (2). 1992—Subsec. (a). Pub. L. 102–572, § 902(a)(1), sub- stituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. Subsec. (b). Pub. L. 102–572, § 902(a)(2), substituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’. Subsec. (d). Pub. L. 102–572, §§ 902(a)(2), 904(b), sub- stituted ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’ and struck out ‘‘civil service’’ before ‘‘retirement annu- ity’’. 1986—Subsec. (a). Pub. L. 99–651 inserted reference to chapter 84 of title 5. 1982—Pub. L. 97–164 substituted ‘‘judges’’ for ‘‘com- missioners’’ in section catchline. Subsec. (a). Pub. L. 97–164 substituted ‘‘Any judge of the United States Claims Court who has retired from regular active service under subchapter III of chapter 83 of title 5 shall be known and designated as a senior judge and may perform duties as a judge when recalled pursuant to subsection (b) of this section’’ for ‘‘Any commissioner who has retired from regular active serv- ice under the Civil Service Retirement Act shall be known and designated as a senior commissioner and may perform duties as a commissioner when recalled pursuant to subsection (b) of this section’’. Subsec. (b). Pub. L. 97–164 substituted ‘‘The chief judge of the Claims Court may, whenever he deems it advisable, recall any senior judge, with such judge’s consent, to perform such duties as a judge and for such period of time as the chief judge may specify’’ for ‘‘The United States Court of Claims, whenever it deems such action advisable, may recall any senior commissioner, with the latter’s acquiescence, to perform such duties as a commissioner and for such period of time as the court may specify’’. Subsec. (c). Pub. L. 97–164 substituted ‘‘Any senior judge performing duties pursuant to this section shall not be counted as a judge for purposes of the number of judgeships authorized by section 171 of this title’’ for ‘‘Any senior commissioner performing duties pursuant to this section shall not be counted as a commissioner for purposes of the number of commissioner positions authorized by section 792 of this title’’. Subsec. (d). Pub. L. 97–164 substituted ‘‘judge’’ for ‘‘commissioner’’ wherever appearing, ‘‘Such senior judge’’ for ‘‘He’’, and ‘‘Claims Court’’ for ‘‘Court of Claims’’. 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 1986 AMENDMENT Amendment by Pub. L. 99–651 effective Jan. 1, 1987, see section 203 of Pub. L. 99–651, set out as a note under section 155 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. § 798. Places of holding court; appointment of special masters (a) The United States Court of Federal Claims is authorized to use facilities and hold court in Washington, District of Columbia, and through- out the United States (including its territories and possessions) as necessary for compliance with sections 173 and 2503(c) of this title. The fa- cilities of the Federal courts, as well as other comparable facilities administered by the Gen- eral Services Administration, shall be made available for trials and other proceedings out- side of the District of Columbia. (b) Upon application of a party or upon the judge’s own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge of the Court of Federal Claims may issue an order authorizing a judge of the court to conduct proceedings, in- cluding evidentiary hearings and trials, in a for- eign country whose laws do not prohibit such proceedings, except that an interlocutory appeal may be taken from such an order pursuant to