28 U.S.C. § 294 — Assignment of retired Justices or judges to active duty

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 409 words · no verdicts yet

in plain englishAI-generated · not legal advice

Retired Supreme Court justices, circuit judges, and district judges can be assigned to keep doing judicial work if they are willing and able. The Chief Justice, or a circuit's chief judge, decides the assignment. No retired judge can be assigned to the Supreme Court.

(a) A retired Chief Justice of the United States or Associate Justice of the Supreme Court can be designated and assigned by the current Chief Justice to perform judicial duties in any circuit, including duties as a circuit justice, that the retired justice is willing to take on. (b) A federal judge who retired from regular active service under section 371(b) or 372(a) is known and designated as a "senior judge," and may keep performing judicial duties that they are willing and able to undertake, once designated and assigned as described in subsections (c) and (d). (c) A retired circuit or district judge can be designated and assigned by the chief judge or judicial council of their own circuit to perform judicial duties within that circuit, if willing and able. Any other retired federal judge can be designated and assigned by the chief judge of their own court to perform judicial duties in that same court, if willing and able. (d) The Chief Justice of the United States must keep a roster of retired federal judges who are willing and able to take on special judicial duties, from time to time, outside their own circuit or court — known as the roster of senior judges. A retired circuit or district judge on this roster can be designated and assigned by the Chief Justice to perform duties in a court outside their own circuit; other retired judges can be assigned to a court other than their own. Assigning someone to a court of appeals or district court requires a "certificate of necessity" presented by the chief judge or circuit justice of the circuit where the need exists; assigning someone to any other federal court requires a certificate of necessity from that court's chief judge. No such designation or assignment can be made to the Supreme Court. (e) No retired justice or judge can perform judicial duties except when designated and assigned under this section.

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

(a)

Any retired Chief Justice of the United States or Associate Justice of the Supreme Court may be designated and assigned by the Chief Justice of the United States to perform such judicial duties in any circuit, including those of a circuit justice, as he is willing to undertake.

(b)

Any judge of the United States who has retired from regular active service under section 371(b) or 372(a) of this title shall be known and designated as a senior judge and may continue to perform such judicial duties as he is willing and able to undertake, when designated and assigned as provided in subsections (c) and (d).

(c)

Any retired circuit or district judge may be designated and assigned by the chief judge or judicial council of his circuit to perform such judicial duties within the circuit as he is willing and able to undertake. Any other retired judge of the United States may be designated and assigned by the chief judge of his court to perform such judicial duties in such court as he is willing and able to undertake.

(d)

The Chief Justice of the United States shall maintain a roster of retired judges of the United States who are willing and able to undertake special judicial duties from time to time outside their own circuit, in the case of a retired circuit or district judge, or in a court other than their own, in the case of other retired judges, which roster shall be known as the roster of senior judges. Any such retired judge of the United States may be designated and assigned by the Chief Justice to perform such judicial duties as he is willing and able to undertake in a court outside his own circuit, in the case of a retired circuit or district judge, or in a court other than his own, in the case of any other retired judge of the United States. Such designation and assignment to a court of appeals or district court shall be made upon the presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises and to any other court of the United States upon the presentation of a certificate of necessity by the chief judge of such court. No such designation or assignment shall be made to the Supreme Court.

(e)

No retired justice or judge shall perform judicial duties except when designated and assigned.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 901; July 9, 1956, ch. 517, § 1(c), 70 Stat. 497; Pub. L. 85–219, Aug. 29, 1957, 71 Stat. 495; Pub. L. 85–755, § 5, Aug. 25, 1958, 72 Stat. 849; Pub. L. 95–598, title II, § 206, Nov. 6, 1978, 92 Stat. 2660.)

history & why it existsrecord from the source credit

1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 901
1956Amended · Act of July 9, 1956, ch. 517 · 70 Stat. 497
1957Amended · Pub. L. 85-219 · 71 Stat. 495
1958Amended · Pub. L. 85-755 · 72 Stat. 849
1978Amended · Pub. L. 95-598 · 92 Stat. 2660

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

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