28 U.S.C. § 45 — Chief judges; precedence of judges

(a) The chief judge of a circuit is normally the circuit judge in regular active service who has held their commission the longest among judges who meet three conditions: they're 64 or younger, they've served at least a year as a circuit judge, and they haven't already served as chief judge before. If no judge meets all three conditions, the youngest circuit judge who is 65 or older and has served at least a year takes over as acting chief judge. If even that doesn't work — no judge in regular active service has served a year yet — then the most senior circuit judge who hasn't already served as chief judge acts as chief judge instead. A chief judge appointed under the normal rule serves a seven-year term, and keeps serving past that term until another judge becomes eligible to take over. A judge who becomes chief judge under one of the backup rules just keeps serving until someone qualifies under the normal rule. There's one hard limit either way: no circuit judge can serve or act as chief judge after turning 70, unless truly no other circuit judge qualifies under any of these rules. (b) The chief judge takes precedence and presides over any court session they attend. Other circuit judges in regular active service take precedence and preside according to how long they've held their commissions — the longer-serving judge goes first. If two judges' commissions are dated the same day, the older judge takes precedence. Above everyone, the circuit justice takes precedence over all circuit judges and presides over any session they attend. (c) A chief judge who wants to give up the chief-judge role — while staying on as an active circuit judge — can notify the Chief Justice of the United States. Once that happens, the chief judge role passes to whichever other circuit judge qualifies under subsection (a). (d) If the chief judge is temporarily unable to do the job, those duties fall to whichever circuit judge is in active service, is present in the circuit, is able and qualified to act, and comes next in line by precedence.