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28 U.S.C. § 136Chief judges; precedence of district judges

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 492 words · no verdicts yet

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Federal district courts with more than one judge have a chief judge. The most senior qualified judge under 65 normally becomes chief judge for seven years. Other rules set precedence order and cover what happens if no judge qualifies.

(a) (1) In a district with more than one district judge, the chief judge is the district judge in regular active service who is most senior in commission among judges who (A) are 64 years of age or under, (B) have served as a district judge for one year or more, and (C) have not previously served as chief judge. (2)(A) If no judge meets those qualifications, the youngest district judge in regular active service who is 65 or older and has served one year or more acts as chief judge instead. (B) If even that produces no one — meaning no district judge in active service has served one year or more — the district judge in regular active service who is senior in commission and has not previously served as chief judge acts as chief judge. (3)(A) Except as provided in (C), a chief judge appointed under (1) serves a seven-year term, and continues serving after the term ends until another judge becomes eligible under (1) to take over. (B) Except as provided in (C), a judge acting as chief judge under (2)(A) or (2)(B) continues serving until a judge is appointed who meets the (1) qualifications. (C) No district judge may serve or act as chief judge after turning 70, unless no other district judge qualifies under (1) or (2). (b) The chief judge has precedence and presides at any session the chief judge attends. Other district judges have precedence and preside according to the seniority of their commissions. Judges commissioned on the same date rank by seniority in age. (c) A judge whose commission covers more than one district is junior to all district judges, except in the one district where that judge lived when starting the job. (d) A chief judge who wants to be relieved of chief-judge duties, while keeping active status as a district judge, may certify that to the Chief Justice of the United States. After that, the chief judge becomes whichever other district judge is qualified to serve or act as chief judge under subsection (a). (e) If a chief judge is temporarily unable to perform chief-judge duties, those duties are performed by the district judge in active service — present in the district, able, and qualified to act — who is next in precedence.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

In any district having more than one district judge, the chief judge of the district shall be the district judge in regular active service who is senior in commission of those judges who—

(A)

are sixty-four years of age or under;

(B)

have served for one year or more as a district judge; and

(C)

have not served previously as chief judge.

(2)
(A)

In any case in which no district judge meets the qualifications of paragraph (1), the youngest district judge in regular active service who is sixty-five years of age or over and who has served as district judge for one year or more shall act as the chief judge.

(B)

In any case under subparagraph (A) in which there is no district judge in regular active service who has served as a district judge for one year or more, the district judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge.

(3)
(A)

Except as provided in subparagraph (C), the chief judge of the district appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the district.

(B)

Except as provided in subparagraph (C), a district judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1).

(C)

No district judge may serve or act as chief judge of the district after attaining the age of seventy years unless no other district judge is qualified to serve as chief judge of the district under paragraph (1) or is qualified to act as chief judge under paragraph (2).

(b)

The chief judge shall have precedence and preside at any session which he attends.

Other district judges shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.

(c)

A judge whose commission extends over more than one district shall be junior to all district judges except in the district in which he resided at the time he entered upon the duties of his office.

(d)

If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as district judge, he may so certify to the Chief Justice of the United States, and thereafter, the chief judge of the district shall be such other district judge who is qualified to serve or act as chief judge under subsection (a).

(e)

If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the district judge in active service, present in the district and able and qualified to act, who is next in precedence.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 31, 1951, ch. 655, § 37, 65 Stat. 723; Pub. L. 85–593, § 2, Aug. 6, 1958, 72 Stat. 497; Pub. L. 97–164, title II, § 202, Apr. 2, 1982, 96 Stat. 52.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 897
  • 1951Amended · Act of Oct. 31, 1951, ch. 655 · 65 Stat. 723
  • 1958Amended · Pub. L. 85-593 · 72 Stat. 497
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 52

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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