28 U.S.C. § 49 — Assignment of judges to division to appoint independent counsels

submitted 48 years ago by Pub. L. 95-521 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 346 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets up a special panel of federal judges to appoint independent counsels. Every two years, three judges or justices join the U.S. Court of Appeals for the D.C. Circuit's special division to fill this role. The Chief Justice picks the judges, with priority given to senior and retired judges, and members can't take part in cases involving an independent counsel they helped appoint.

(a) Beginning with a two-year period that starts when this law was enacted, three judges or justices are assigned to a special division of the U.S. Court of Appeals for the District of Columbia for each following two-year period. This division's job is to appoint independent counsels. The Clerk of the D.C. Circuit Court of Appeals also serves as the clerk for this special division and provides whatever services it needs. (b) Except as subsection (f) says, being assigned to this division doesn't stop a judge from also getting other judicial assignments during that two-year term. (c) When picking judges or justices for this division, priority goes to senior circuit judges and retired justices. (d) The Chief Justice of the United States picks three circuit judges or justices for the division — one of them must be a judge from the D.C. Circuit. No more than one judge, justice, or senior or retired judge or justice from any single court can be named to this division. (e) If a spot on the division opens up, it's filled only for the rest of that two-year period, using the same selection method as the original appointments. (f) Except as chapter 40 of this title otherwise provides, a division member who worked on appointing a particular independent counsel can't sit on any judicial case involving that same independent counsel — whether the case is about that person's official duties or happens while they're still serving — regardless of whether they're still in the job.

the actual law source: uscode.house.gov ↗public domain

(a)

Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.

(b)

Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.

(c)

In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices.

(d)

The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court.

(e)

Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.

(f)

Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsel’s official duties, regardless of whether such independent counsel is still serving in that office.

Source credit: (Added Pub. L. 95–521, title VI, § 602(a), Oct. 26, 1978, 92 Stat. 1873; amended Pub. L. 97–409, § 2(b)(1), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 99–554, title I, § 144(g)(3), Oct. 27, 1986, 100 Stat. 3097; Pub. L. 100–191, §§ 4, 5(a), Dec. 15, 1987, 101 Stat. 1307.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-521 · 92 Stat. 1873
1983Amended · Pub. L. 97-409 · 96 Stat. 2039
1986Amended · Pub. L. 99-554 · 100 Stat. 3097
1987Amended · Pub. L. 100-191 · 101 Stat. 1307

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

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