28 U.S.C. § 258 — Chief judges; precedence of judges

submitted 30 years ago by Pub. L. 104-317 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 463 words · no verdicts yet

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This law sets rules for who becomes chief judge of the Court of International Trade. It also sets the order judges take precedence in court. The chief judge normally serves a 7-year term and can step down early while staying an active judge.

(a) (1) The chief judge is normally the most senior active judge who is 64 or younger, has served on the court at least 1 year, and has never been chief judge before. (2) (A) If no judge qualifies under paragraph (1), the youngest active judge who is 65 or older and has served at least 1 year acts as chief judge. (B) If even that doesn't apply, the most senior active judge who has never served as chief judge acts as chief judge. (3) (A) A chief judge chosen under paragraph (1) serves a 7-year term, and keeps serving after that until a new judge qualifies. (B) A judge acting as chief judge under paragraph (2) serves until someone qualifies under paragraph (1). (C) No judge can serve or act as chief judge past age 70, unless no other judge qualifies at all. (b) The chief judge presides over any session attended. Other judges take precedence and preside in order of seniority; judges commissioned on the same date rank by age. (c) A chief judge who wants to give up the role, but stay an active judge, can notify the Chief Justice of the United States in writing; after that, the next qualified judge becomes chief judge. (d) If the chief judge is temporarily unable to serve, the next most senior active judge able and qualified to act takes over those duties.

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

(a)

(1)

The chief judge of the Court of International Trade shall be the judge of the court in regular active service who is senior in commission of those judges who—

(A)

are 64 years of age or under;

(B)

have served for 1 year or more as a judge of the court; and

(C)

have not served previously as chief judge.

(2)

(A)

In any case in which no judge of the court meets the qualifications under paragraph (1), the youngest judge in regular active service who is 65 years of age or over and who has served as a judge of the court for 1 year or more shall act as the chief judge.

(B)

In any case under subparagraph (A) in which there is no judge of the court in regular active service who has served as a judge of the court for 1 year or more, the judge of the court 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 under subparagraph (C), the chief judge serving under paragraph (1) shall serve for a term of 7 years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge.

(B)

Except as provided under subparagraph (C), a judge of the court acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge meets the qualifications under paragraph (1).

(C)

No judge of the court may serve or act as chief judge of the court after attaining the age of 70 years unless no other judge is qualified to serve as chief judge 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 of the court which such judge attends. Other judges of the court 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)

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

(d)

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

Source credit: (Added Pub. L. 104–317, title V, § 501(a), Oct. 19, 1996, 110 Stat. 3855.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-317 · 110 Stat. 3855

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-317 on 1996-10-19.

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