§ 291. — Circuit 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: 28USC291]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 13--ASSIGNMENT OF JUDGES TO OTHER COURTS
Sec. 291. Circuit judges
(a) The Chief Justice of the United States may, in the public
interest, designate and assign temporarily any circuit judge to act as
circuit judge in another circuit upon request by the chief judge or
circuit justice of such circuit.
(b) The chief judge of a circuit or the circuit justice may, in the
public interest, designate and assign temporarily any circuit judge
within the circuit, including a judge designated and assigned to
temporary duty therein, to hold a district court in any district within
the circuit.
(June 25, 1948, ch. 646, 62 Stat. 900; July 28, 1953, ch. 253, Sec. 2,
67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(b), 68 Stat. 1240; July
9, 1956, ch. 517, Sec. 1(a), 70 Stat. 497; Pub. L. 85-755, Sec. 2, Aug.
25, 1958, 72 Stat. 848; Pub. L. 95-598, title II, Sec. 202, Nov. 6,
1978, 92 Stat. 2660; Pub. L. 97-164, title I, Sec. 108, Apr. 2, 1982, 96
Stat. 28; Pub. L. 102-572, title I, Sec. 104, Oct. 29, 1992, 106 Stat.
4507.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 17, 22 (Mar. 3, 1911, ch.
231, Secs. 13, 18, 36 Stat. 1089; Oct. 3, 1913, ch. 18, 38 Stat. 203;
Sept. 14, 1922, ch. 306, Secs. 3, 5, 42 Stat. 839; Mar. 2, 1929, ch.
488, Sec. 1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June
25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, Sec. 4, 50
Stat. 753; Dec. 29, 1942, ch. 835, Sec. 1, 56 Stat. 1094).
Section consolidates all provisions of sections 17 and 22 of title
28, U.S.C., 1940 ed., relating to designation and assignment of circuit
judges.
The revised section omits a reference to the Chief Justice contained
in said section 22, since in exercising the powers under subsection (b),
he acts as a circuit justice.
Paragraph (d) of said section 17, making the section applicable to
the United States Court of Appeals for the District of Columbia, is
omitted since such court is included in this revision because the
District of Columbia is made a separate circuit. (See section 41 of this
title.)
Provisions of said sections 17 and 22 authorizing the senior
Associate Justice to act in the absence of the Chief Justice of the
United States were omitted as surplusage in view of specific authority
to so act in section 3 of this title.
The words in said section 17 ``for such time as the business of such
district court may require,'' were omitted as inconsistent with the
language of said section 22 of title 28, U.S.C., 1940 ed., which
employed the words ``the public interest requires'' and ``from time to
time and until he shall otherwise direct.'' The revised section and
sections 294 and 296 of this title make clear the power to make
designation and assignment without any limitation of time, to revoke
such designation and assignment and to make, from time to time, new
designations and assignments.
The term ``chief judge'' of the circuit was substituted for ``senior
circuit judge.'' (See reviser's note under section 136 of this title.)
References in said sections 17 and 22 to retired judges were omitted
as covered by section 294 of this title.
Other provisions of said section 17 of title 28, U.S.C., 1940 ed.,
are incorporated in sections 292, 295 and 296 of this title.
Other provisions of said section 22 of title 28, U.S.C., 1940 ed.,
are incorporated in section 296 of this title.
Changes were made in phraseology and arrangement.
Amendments
1992--Subsec. (a). Pub. L. 102-572 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ``The Chief Justice of
the United States may designate and assign temporarily any circuit judge
to act as circuit judge in another circuit upon presentation of a
certificate of necessity by the chief judge or circuit justice of the
circuit where the need arises.''
1982--Subsecs. (b), (c). Pub. L. 97-164 redesignated subsec. (c) as
(b). Former subsec. (b), which authorized the Chief Justice of the
United States to designate and temporarily assign any circuit judge to
serve as a judge of the Court of Claims or the Court of Customs and
Patent Appeals upon presentation to him of a certificate of necessity by
the chief judge of the court in which the need arose, was struck out.
1978--Subsec. (c). Pub. L. 95-598 directed the amendment of subsec.
(c) by inserting ``or bankruptcy'' after ``to hold a district'', which
amendment did not become effective pursuant to section 402(b) of Pub. L.
95-598, as amended, set out as an Effective Date note preceding section
101 of Title 11, Bankruptcy.
1958--Subsec. (a). Pub. L. 85-755 struck out provision for
assignment of any judge of the Court of Claims to serve as circuit judge
in any circuit. See section 293(a) of this title.
Subsec. (b). Pub. L. 85-755 redesignated subsec. (c) as (b) and
incorporated in it provision for assignment of circuit judges to Court
of Customs and Patent Appeals formerly contained in section 293 of this
title. Former subsec. (b), which provided for assignment of judges of
the Court of Customs and Patent Appeals to serve as judges of the Court
of Appeals or the District Court for the District of Columbia, was
struck out. See section 293(a) of this title.
Subsecs. (c), (d). Pub. L. 85-755 redesignated subsec. (d) as (c).
Former subsec. (c) redesignated (b).
1956--Subsec. (a). Act July 9, 1956, inserted ``or any judge of the
Court of Claims to serve as a circuit judge in any circuit''.
1954--Subsec. (c). Act Sept. 3, 1954, struck out ``United States''
from name of Court of Claims.
1953--Subsecs. (c), (d). Act July 28, 1953, added subsec. (c) and
redesignated former subsec. (c) as (d).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101(a) of Pub. L. 102-572, set out as a note under section 905 of Title
2, The Congress.
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.
Jurisdiction of United States Court of Customs and Patent Appeals
Section 7 of Pub. L. 85-755 provided that: ``Nothing contained in
this Act [amending this section and sections 211 and 292 to 295 of this
title] shall be construed in any way to limit or alter the jurisdiction
heretofore conferred upon the United States Court of Customs and Patent
Appeals [now United States Court of Appeals for the Federal Circuit] by
any provision of law.''
