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28 U.S.C. § 292 — District judges

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 308 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets senior judges temporarily assign district judges to other courts when needed. A circuit's chief judge can send district judges to the court of appeals or another district court. The Chief Justice can send a judge to another circuit or to the Court of International Trade.

(a) The chief judge of a circuit can assign one or more district judges from within the circuit to sit on the court of appeals, or a division of it, whenever that court's workload requires it. These assignments must follow the rules or orders of that court of appeals.

(b) The chief judge of a circuit can, when it serves the public interest, temporarily assign any district judge in the circuit to hold court in any district within that circuit.

(c) The chief judge of the U.S. Court of Appeals for the D.C. Circuit can temporarily assign a district judge from the circuit to serve as a judge of the D.C. Superior Court. This can only happen if the chief judge of the Superior Court first certifies it's necessary, and only if (1) the Attorney General approves it as necessary to serve justice, and (2) the chief judge of the U.S. District Court for D.C. approves it too.

(d) The Chief Justice of the United States can temporarily assign a district judge from one circuit to serve in another circuit — either in a district court or a court of appeals — after the chief judge or circuit justice of the circuit that needs help certifies the need.

(e) The Chief Justice can temporarily assign any district judge to serve as a judge of the Court of International Trade, after that court's chief judge certifies the need.

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

The chief judge of a circuit may designate and assign one or more district judges within the circuit to sit upon the court of appeals or a division thereof whenever the business of that court so requires. Such designations or assignments shall be in conformity with the rules or orders of the court of appeals of the circuit.

(b)

The chief judge of a circuit may, in the public interest, designate and assign temporarily any district judge of the circuit to hold a district court in any district within the circuit.

(c)

The chief judge of the United States Court of Appeals for the District of Columbia Circuit may, upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia pursuant to section 11–908(c) of the District of Columbia Code, designate and assign temporarily any district judge of the circuit to serve as a judge of such Superior Court, if such assignment (1) is approved by the Attorney General of the United States following a determination by him to the effect that such assignment is necessary to meet the ends of justice, and (2) is approved by the chief judge of the United States District Court for the District of Columbia.

(d)

The Chief Justice of the United States may designate and assign temporarily a district judge of one circuit for service in another circuit, either in a district court or court of appeals, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises.

(e)

The Chief Justice of the United States may designate and assign temporarily any district judge to serve as a judge of the Court of International Trade upon presentation to him of a certificate of necessity by the chief judge of the court.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 901; July 28, 1953, ch. 253, § 3, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 39(c), 68 Stat. 1240; July 9, 1956, ch. 517, § 1(b), 70 Stat. 497; July 14, 1956, ch. 589, § 2, 70 Stat. 532; Pub. L. 85–755, § 3, Aug. 25, 1958, 72 Stat. 848; Pub. L. 91–358, title I, § 172(e), July 29, 1970, 84 Stat. 591; Pub. L. 95–598, title II, §§ 203, 204, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96–417, title V, § 501(7), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97–164, title I, § 109, Apr. 2, 1982, 96 Stat. 28.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 901
  • 1953Amended · Act of July 28, 1953, ch. 253 · 67 Stat. 226
  • 1954Amended · Act of Sept. 3, 1954, ch. 1263 · 68 Stat. 1240
  • 1956Amended · Act of July 9, 1956, ch. 517 · 70 Stat. 497
  • 1956Amended · Act of July 14, 1956, ch. 589 · 70 Stat. 532
  • 1958Amended · Pub. L. 85-755 · 72 Stat. 848
  • 1970Amended · Pub. L. 91-358 · 84 Stat. 591
  • 1978Amended · Pub. L. 95-598 · 92 Stat. 2660
  • 1980Amended · Pub. L. 96-417 · 94 Stat. 1742
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 28

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

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