§ 136. — Chief judges; precedence of district judges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC136]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 5--DISTRICT COURTS
Sec. 136. Chief judges; precedence of district judges
(a)(1) In any district having more than one district judge, the
chief judge of the district shall be the district judge in regular
active service who is senior in commission of those judges who--
(A) are sixty-four years of age or under;
(B) have served for one year or more as a district judge; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no district judge meets the
qualifications of paragraph (1), the youngest district judge in regular
active service who is sixty-five years of age or over and who has served
as district judge for one year or more shall act as the chief judge.
(B) In any case under subparagraph (A) in which there is no district
judge in regular active service who has served as a district judge for
one year or more, the district judge in regular active service who is
senior in commission and who has not served previously as chief judge
shall act as the chief judge.
(3)(A) Except as provided in subparagraph (C), the chief judge of
the district appointed under paragraph (1) shall serve for a term of
seven years and shall serve after expiration of such term until another
judge is eligible under paragraph (1) to serve as chief judge of the
district.
(B) Except as provided in subparagraph (C), a district judge acting
as chief judge under subparagraph (A) or (B) of paragraph (2) shall
serve until a judge has been appointed who meets the qualifications
under paragraph (1).
(C) No district judge may serve or act as chief judge of the
district after attaining the age of seventy years unless no other
district judge is qualified to serve as chief judge of the district
under paragraph (1) or is qualified to act as chief judge under
paragraph (2).
(b) The chief judge shall have precedence and preside at any session
which he attends.
Other district judges shall have precedence and preside according to
the seniority of their commissions. Judges whose commissions bear the
same date shall have precedence according to seniority in age.
(c) A judge whose commission extends over more than one district
shall be junior to all district judges except in the district in which
he resided at the time he entered upon the duties of his office.
(d) If the chief judge desires to be relieved of his duties as chief
judge while retaining his active status as district judge, he may so
certify to the Chief Justice of the United States, and thereafter, the
chief judge of the district shall be such other district judge who is
qualified to serve or act as chief judge under subsection (a).
(e) If a chief judge is temporarily unable to perform his duties as
such, they shall be performed by the district judge in active service,
present in the district and able and qualified to act, who is next in
precedence.
(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 31, 1951, ch. 655, Sec. 37,
65 Stat. 723; Pub. L. 85-593, Sec. 2, Aug. 6, 1958, 72 Stat. 497; Pub.
L. 97-164, title II, Sec. 202, Apr. 2, 1982, 96 Stat. 52.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 375 and District of
Columbia Code, 1940 ed., Sec. 11-301 (Mar. 3, 1901, ch. 854, Secs. 60,
61, 31 Stat. 1199; Mar. 3, 1911, ch. 231, Sec. 260, 36 Stat. 1161; Mar.
3, 1911, ch. 231, Sec. 289, 32 Stat. 1167; Feb. 25, 1919, ch. 29,
Sec. 6, 40 Stat. 1157; Dec. 20, 1928, ch. 41, 45 Stat. 1056; Mar. 1,
1929, ch. 419, 45 Stat. 1422; June 19, 1930, ch. 537, 46 Stat. 785; May
31, 1938, ch. 290, Sec. 5, 52 Stat. 584).
Section consolidates portions of section 375 of title 28, U.S.C.,
1940 ed., and section 11-301 of the District of Columbia Code, 1940 ed.
The provisions of said section 375 relating to resignation and
retirement of judges, and appointment of court officers, are
incorporated in sections 294, 371, and 756 of this title. Other
provisions of said section 11-301 of the District of Columbia Code are
incorporated in section 133 of this title.
Subsection (a), providing for a ``chief judge'' is new. Such term
replaces the terms ``senior district judge,'' and ``Chief Justice'' of
the District Court in the District of Columbia. It is employed in view
of the great increase of administrative duties of such judge. The use of
the term ``chief judge'' with respect to the District of Columbia will
result in uniform nomenclature for all district courts. The district
judges of that court have expressed approval of such designation.
The provision in said section 11-301 of the District of Columbia
Code, 1940 ed., that the ``Chief Justice'' shall be appointed by the
President, by and with the advice and consent of the Senate, was omitted
for the purpose of establishing a uniform method of creating the
position of chief judge in all districts. The District of Columbia is
expressly made a judicial district by section 88 of this title.
Subsection (b) is new and conforms with similar provisions
respecting associate justices of the Supreme Court and circuit judges in
sections 4 and 45 of this title.
Subsection (c) is from the proviso in the second paragraph of
section 375 of title 28, U.S.C., 1940 ed., which applied only in cases
of appointment of court officers. Here it is made applicable to all
district judges.
Subsections (d) and (e) are new, and conform with section 44 of this
title relating to precedence of circuit judges.
The official status of the Chief Justice of the District Court for
the District of Columbia holding office at the effective date of this
act is preserved by section 2 of the bill to enact revised title 28.
Amendments
1982--Subsec. (a). Pub. L. 97-164, Sec. 202(a), designated existing
first sentence of subsec. (a) as par. (1), substituted ``In any district
having more than one district judge, the chief judge of the district
shall be the district judge in regular active service who is senior in
commission of those judges who--(A) are sixty-four years of age or
under; (B) have served for one year or more as a district judge; and (C)
have not served previously as chief judge'' for ``In each district
having more than one judge the district judge in regular active service
who is senior in commission and under seventy years of age shall be the
chief judge of the district court'' in par. (1) as so designated,
designated existing second sentence of subsec. (a) as par. (2)(A),
substituted ``In any case in which no district judge meets the
qualifications of paragraph (1), the youngest district judge in regular
active service who is sixty-five years of age or over and who has served
as district judge for one year or more shall act as the chief judge''
for ``If all the district judges in regular active service are seventy
years of age or older the youngest shall act as chief judge until a
judge has been appointed and qualified who is under seventy years of
age, but a judge may not act as chief judge until he has served as a
district judge for one year'' in par. (2)(A) as so designated, and added
pars. (2)(B) and (3).
Subsec. (d). Pub. L. 97-164, Sec. 202(b), substituted ``and
thereafter, the chief judge of the district shall be such other district
judge who is qualified to serve or act as chief judge under subsection
(a)'' for ``and thereafter the district judge in active service next in
precedence and willing to serve shall be designated by the Chief Justice
as the chief judge of the district court''.
1958--Subsec. (a). Pub. L. 85-593 provided that chief judges of
district courts cease to serve as such upon reaching the age of seventy,
that the youngest district judge act as chief judge where all district
judges in regular active service are seventy years or older until a
judge under seventy has been appointed and qualified, and that district
judge must have served one year before acting as chief judge.
1951--Subsec. (a). Act Oct. 31, 1951, inserted ``in active service
who is''.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85-593 effective at expiration of one year from
Aug. 6, 1958, see section 3 of Pub. L. 85-593, as amended, set out as a
note under section 45 of this title.
Savings Provision
Amendment by Pub. L. 97-164 not to apply or affect any person
serving as chief judge on the effective date of Pub. L. 97-164 [Oct. 1,
1982], and the provisions of subsec. (a) of this section as in effect on
the day before the effective date of part A of title II of Pub. L. 97-
164 [Oct. 1, 1982] applicable to the chief judge of a district court
serving on such effective date, see section 203 of Pub. L. 97-164, set
out as a note under section 45 of this title.
