§ 258. — Chief judges; precedence of 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: 28USC258]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 11--COURT OF INTERNATIONAL TRADE
Sec. 258. Chief judges; precedence of judges
(a)(1) The chief judge of the Court of International Trade shall be
the judge of the court in regular active service who is senior in
commission of those judges who--
(A) are 64 years of age or under;
(B) have served for 1 year or more as a judge of the court; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no judge of the court meets the
qualifications under paragraph (1), the youngest judge in regular active
service who is 65 years of age or over and who has served as a judge of
the court for 1 year or more shall act as the chief judge.
(B) In any case under subparagraph (A) in which there is no judge of
the court in regular active service who has served as a judge of the
court for 1 year or more, the judge of the court 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 under subparagraph (C), the chief judge
serving under paragraph (1) shall serve for a term of 7 years and shall
serve after expiration of such term until another judge is eligible
under paragraph (1) to serve as chief judge.
(B) Except as provided under subparagraph (C), a judge of the court
acting as chief judge under subparagraph (A) or (B) of paragraph (2)
shall serve until a judge meets the qualifications under paragraph (1).
(C) No judge of the court may serve or act as chief judge of the
court after attaining the age of 70 years unless no other judge is
qualified to serve as chief judge 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
of the court which such judge attends. Other judges of the court 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) If the chief judge desires to be relieved of the duties as chief
judge while retaining active status as a judge of the court, the chief
judge may so certify to the Chief Justice of the United States, and
thereafter the chief judge of the court shall be such other judge of the
court who is qualified to serve or act as chief judge under subsection
(a).
(d) If a chief judge is temporarily unable to perform the duties as
such, such duties shall be performed by the judge of the court in active
service, able and qualified to act, who is next in precedence.
(Added Pub. L. 104-317, title V, Sec. 501(a), Oct. 19, 1996, 110 Stat.
3855.)
Continuance of Position of Chief Judge
Section 501(c) of Pub. L. 104-317 provided that:
``(1) Notwithstanding the provisions of section 258(a) of title 28,
United States Code (as added by subsection (a) of this section), the
chief judge of the United States Court of International Trade who is in
office on the day before the date of enactment of this Act [Oct. 19,
1996] shall continue to be such chief judge on or after such date until
any one of the following events occurs:
``(A) The chief judge is relieved of his duties under section
258(c) of title 28, United States Code.
``(B) The regular active status of the chief judge is
terminated.
``(C) The chief judge attains the age of 70 years.
``(D) The chief judge has served for a term of 7 years as chief
judge.
``(2) When the chief judge vacates the position of chief judge under
paragraph (1), the position of chief judge of the Court of International
Trade shall be filled in accordance with section 258(a) of title 28,
United States Code.''
