28 U.S.C. § 375 — Recall of certain judges and magistrate judges
submitted 40 years ago by Pub. L. 99-651 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 657 words · no verdicts yet
Retired bankruptcy and magistrate judges can agree to be recalled to active service for five-year terms. Recalled judges keep full judicial powers but cannot practice law. They receive extra pay on top of their pension, up to their old salary.
(a) A bankruptcy judge, or a U.S. magistrate judge appointed under chapter 43, who has already retired — either under section 377 of this title or under the matching rules in title 5 — once reaching the age and years of service section 371(c) requires, can agree to come back to work under this section. The recall lasts five years as a bankruptcy judge or magistrate judge, and requires certifying that the retired judge is expected to do substantial work during that time. With the judge's agreement, that certification can be renewed for more five-year periods. The certification is made by the judicial council of the circuit where the judge's official duty station was located when they retired. For this section, "bankruptcy judge" means someone appointed under chapter 6 of this title, or who was already serving as a bankruptcy judge on March 31, 1984.
(b) A recalled judge or magistrate judge can use all the powers and duties of the office they held before retiring, including serving in a different judicial district* if applicable. But they cannot practice law, and cannot take on any other business, job, or work that conflicts with doing their judicial duties quickly, properly, and fairly.
(c) While a certification is in effect, the recalled judge gets, on top of the annuity from section 377 or title 5, an extra amount equal to the difference between that annuity and the current salary of the office they're filling. If a judge finishes the full five-year period, doesn't get renewed, and had retired under section 377, their annuity afterward equals the salary that office paid at the end of that five-year period.
(d) A certification can be ended under chapter 16 of this title, and it automatically ends when the recalled judge dies.
(e) Apart from what subsection (b) says, this section doesn't change the right of judges or magistrates who retired under chapter 83 or 84 of title 5 to work again as "reemployed annuitants" under title 5's normal rules. A judge covered by this section can still be recalled under section 155, 636(h), or 797, just not while an active five-year certification under this section is running.
(f) When counting years of service to qualify for recall, prior service as a bankruptcy judge or U.S. magistrate judge counts, and so does earlier service as a bankruptcy referee or U.S. commissioner.
(g) Apart from what subsection (c) says, a recalled judge who retired under title 5 is treated as a reemployed annuitant under chapter 83 or 84 of title 5, whichever applied.
(h) The Judicial Conference of the United States must write regulations to carry out this section.
A bankruptcy judge or a United States magistrate judge appointed under chapter 43 of this title, who has retired under the provisions of section 377 of this title or under the applicable provisions of title 5 upon attaining the age and years of service requirements established in section 371(c) of this title, may agree to be recalled to serve under this section for a period of five years as a bankruptcy judge or magistrate judge, as the case may be, upon certification that substantial service is expected to be performed by such retired judge or magistrate judge during such 5-year period. With the agreement of the judge or magistrate judge involved, a certification under this subsection may be renewed for successive 5-year periods.
For purposes of paragraph (1) of this subsection, a certification may be made, in the case of a bankruptcy judge or a United States magistrate,1 by the judicial council of the circuit in which the official duty station of the judge or magistrate at the time of retirement was located.
For purposes of this section, the term “bankruptcy judge” means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984.
A judge or magistrate judge recalled under this section may exercise all of the powers and duties of the office of judge or magistrate judge held at the time of retirement, including the ability to serve in any other judicial district* to the extent applicable, but may not engage in the practice of law or engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of duties as a judicial officer.
During the 5-year period in which a certification under subsection (a) is in effect, the judge or magistrate judge involved shall receive, in addition to the annuity provided under the provisions of section 377 of this title or under the applicable provisions of title 5, an amount equal to the difference between that annuity and the current salary of the office to which the judge or magistrate judge is recalled. The annuity of a bankruptcy judge or magistrate judge who completes that 5-year period of service, whose certification is not renewed, and who retired under section 377 of this title shall be equal to the salary in effect, at the end of that 5-year period, for the office from which he or she retired.
A certification under subsection (a) may be terminated in accordance with chapter 16 of this title, and such a certification shall be terminated upon the death of the recalled judge or magistrate judge involved.
Except as provided in subsection (b), nothing in this section shall affect the right of judges or magistrate judges who retire under the provisions of chapter 83 or chapter 84 of title 5 to serve as reemployed annuitants in accordance with the provisions of title 5. A judge or magistrate judge to whom this section applies may be recalled under section 155, 636(h), or 797 of this title, as the case may be, other than during a 5-year period in which a certification under subsection (a) is in effect with respect to that judge or magistrate judge.
For purposes of determining the years of service requirements in order to be eligible for recall under this section, any service as a bankruptcy judge or a United States magistrate judge, and any prior service as a referee in bankruptcy or a United States commissioner, may be credited.
Except as provided in subsection (c), a judge or magistrate judge recalled under this section who retired under the applicable provisions of title 5 shall be considered to be a reemployed annuitant under chapter 83 or chapter 84, as the case may be, of title 5.
The Judicial Conference of the United States shall promulgate regulations to implement this section.
Source credit: (Added Pub. L. 99–651, title II, § 201(b)(1), Nov. 14, 1986, 100 Stat. 3647; amended Pub. L. 100–659, § 4(b), Nov. 15, 1988, 102 Stat. 3918; Pub. L. 101–650, title III, §§ 321, 325(b)(2), Dec. 1, 1990, 104 Stat. 5117, 5121; Pub. L. 102–572, title IX, § 904(a), Oct. 29, 1992, 106 Stat. 4517; Pub. L. 107–273, div. C, title I, § 11043(d), Nov. 2, 2002, 116 Stat. 1855; Pub. L. 116–325, § 5, Jan. 12, 2021, 134 Stat. 5094.)
- 1986Enacted · Pub. L. 99-651 · 100 Stat. 3647
- 1988Amended · Pub. L. 100-659 · 102 Stat. 3918
- 1990Amended · Pub. L. 101-650 · 104 Stat. 5117, 5121
- 1992Amended · Pub. L. 102-572 · 106 Stat. 4517
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1855
- 2021Amended · Pub. L. 116-325 · 134 Stat. 5094
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-651 on 1986-11-14.
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