28 U.S.C. § 295 — Conditions upon designation and assignment

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 136 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits how judges get assigned to serve in courts outside their own. A circuit or district judge cannot be assigned elsewhere without their home circuit's chief judge or judicial council agreeing, and a judge from another federal court needs their own chief judge's consent. Every assignment must be filed with court clerks, and top judges can later cancel assignments they made.

No circuit or district judge who is actively serving may be sent to work in another court without the consent of the chief judge or judicial council of the circuit that judge normally belongs to. No judge from any other federal court, if actively serving, may be sent elsewhere without the consent of the chief judge of that judge's own court. Every designation and assignment of a judge must be filed with the clerks of the courts involved and recorded in those courts' minutes. The Chief Justice of the United States, a circuit justice, or a circuit's chief judge may make new designations and assignments under this chapter's rules, and may cancel any assignment that person made earlier.

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

No designation and assignment of a circuit or district judge in active service shall be made without the consent of the chief judge or judicial council of the circuit from which the judge is to be designated and assigned. No designation and assignment of a judge of any other court of the United States in active service shall be made without the consent of the chief judge of such court.

All designations and assignments of justices and judges shall be filed with the clerks and entered on the minutes of the courts from and to which made.

The Chief Justice of the United States, a circuit justice or a chief judge of a circuit may make new designation and assignments in accordance with the provisions of this chapter and may revoke those previously made by him.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 901; Sept. 3, 1954, ch. 1263, § 39(d), 68 Stat. 1240; July 14, 1956, ch. 589, § 3(b), 70 Stat. 532; Pub. L. 85–755, § 6, Aug. 25, 1958, 72 Stat. 850; Pub. L. 95–598, title II, § 207, 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
1954Amended · Act of Sept. 3, 1954, ch. 1263 · 68 Stat. 1240
1956Amended · Act of July 14, 1956, ch. 589 · 70 Stat. 532
1958Amended · Pub. L. 85-755 · 72 Stat. 850
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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