§ 292. — 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: 28USC292]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 13--ASSIGNMENT OF JUDGES TO OTHER COURTS
Sec. 292. District judges
(a) The chief judge of a circuit may designate and assign one or
more district judges within the circuit to sit upon the court of appeals
or a division thereof whenever the business of that court so requires.
Such designations or assignments shall be in conformity with the rules
or orders of the court of appeals of the circuit.
(b) The chief judge of a circuit may, in the public interest,
designate and assign temporarily any district judge of the circuit to
hold a district court in any district within the circuit.
(c) The chief judge of the United States Court of Appeals for the
District of Columbia Circuit may, upon presentation of a certificate of
necessity by the chief judge of the Superior Court of the District of
Columbia pursuant to section 11-908(c) of the District of Columbia Code,
designate and assign temporarily any district judge of the circuit to
serve as a judge of such Superior Court, if such assignment (1) is
approved by the Attorney General of the United States following a
determination by him to the effect that such assignment is necessary to
meet the ends of justice, and (2) is approved by the chief judge of the
United States District Court for the District of Columbia.
(d) The Chief Justice of the United States may designate and assign
temporarily a district judge of one circuit for service in another
circuit, either in a district court or court of appeals, upon
presentation of a certificate of necessity by the chief judge or circuit
justice of the circuit wherein the need arises.
(e) The Chief Justice of the United States may designate and assign
temporarily any district judge to serve as a judge of the Court of
International Trade upon presentation to him of a certificate of
necessity by the chief judge of the court.
(June 25, 1948, ch. 646, 62 Stat. 901; July 28, 1953, ch. 253, Sec. 3,
67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(c), 68 Stat. 1240; July
9, 1956, ch. 517, Sec. 1(b), 70 Stat. 497; July 14, 1956, ch. 589,
Sec. 2, 70 Stat. 532; Pub. L. 85-755, Sec. 3, Aug. 25, 1958, 72 Stat.
848; Pub. L. 91-358, title I, Sec. 172(e), July 29, 1970, 84 Stat. 591;
Pub. L. 95-598, title II, Secs. 203, 204, Nov. 6, 1978, 92 Stat. 2660;
Pub. L. 96-417, title V, Sec. 501(7), Oct. 10, 1980, 94 Stat. 1742; Pub.
L. 97-164, title I, Sec. 109, Apr. 2, 1982, 96 Stat. 28.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 17, 21 and 216 (Mar. 3,
1911, ch. 231, Secs. 13, 17, 120, 36 Stat. 1089, 1132; Sept. 14, 1922,
ch. 306, Sec. 3, 42 Stat. 839; Aug. 24, 1937, ch. 754, Sec. 4, 50 Stat.
753; Dec. 29, 1942, ch. 835, Sec. 1, 56 Stat. 1094).
Section consolidates and simplifies all provisions of sections 17,
21 and 216 of title 28, U.S.C., 1940 ed., relating to designation and
assignment of district judges.
Term ``chief judge'' was substituted for ``senior circuit judge.''
(See Reviser's Note under section 136 of this title.)
Sections 17 and 21 of title 28, U.S.C., 1940 ed., were inconsistent
insofar as the words ``or in his absence, the circuit judges thereof,''
appearing in said section 17 were not in section 21, and the words
``senior circuit judge then present in the circuit,'' appearing in
section 21 were not in section 17. The revised section omits all such
words and leaves designation of assignment to the chief judge of the
circuit. If the chief judge is unable to perform his duties they
devolve, under section 45 of this title, upon the circuit judge next in
seniority of commission.
The provision of said section 17, that designation of a district
judge to another circuit should be from an adjacent circuit if
practicable, was omitted as an unnecessary restriction on the discretion
of the Chief Justice.
Section 19 of title 28, U.S.C., 1940 ed., is omitted as unnecessary.
It authorized the Chief Justice of the United States to designate and
assign any district judge to a district upon receiving a certificate
from the clerk of the district that all circuit judges and the circuit
justice were absent from the circuit, or were unable to appoint a
substitute judge for the district,or where the district judge actually
designated was disabled or neglected to hold court.
For omission of reference in said section 17 to senior Associate
Justice, see reviser's note under section 291 of this title.
Reference in said section 17 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 291, 295, and 296 of this title. Other
provisions of said section 216 of such title are incorporated in
sections 45 and 47 of this title.
Words ``either in a district court or court of appeals'' were
inserted in subsection (c) as suggested by Hon. Learned Hand, Senior
Circuit Judge of the Second Circuit. The revised section permits a
district judge to be assigned directly to the circuit court of appeals
of another circuit. Under existing law it has been assumed that he must
be assigned to serve as a district judge on the other circuit and then
designated to serve on the circuit court of appeals by that court in
which his services are required.
Many changes were made in phraseology.
Amendments
1982--Subsec. (e). Pub. L. 97-164 struck out ``the Court of Claims,
the Court of Customs and Patent Appeals or'' after ``to serve as a judge
of'' and ``in which the need arises'' after ``chief judge of the
court''.
1980--Subsec. (e). Pub. L. 96-417 redesignated the Customs Court as
the Court of International Trade.
1978--Subsecs. (b), (d). Pub. L. 95-598 directed the amendment of
subsec. (b) by substituting ``to hold a district court or a bankruptcy
court'' for ``to hold a district court'' and the amendment of subsec.
(d) by substituting ``in a bankruptcy court, district court, or court of
appeals'' for ``either in a district court or court of appeals'', which
amendments 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.
1970--Subsecs. (c) to (e). Pub. L. 91-358 added subsec. (c) and
redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
1958--Subsecs. (a) to (c). Pub. L. 85-755 reenacted subsecs. (a) to
(c) without change.
Subsec. (d). Pub. L. 85-755 incorporated provisions for assignment
of district judges to the Court of Customs and Patent Appeals and the
Customs Court, formerly contained in section 293 of this title and
subsec. (f) of this section.
Subsec. (e). Pub. L. 85-755 struck out subsec. (e) which provided
for assignment of judges of the Court of Claims to district courts. See
section 293(a) of this title.
Subsec. (f). Pub. L. 85-755 struck out subsec. (f) which provided
for assignment of district judges to the Customs Court. See subsec. (d)
of this section.
1956--Subsec. (e). Act July 9, 1956, added subsec. (e).
Subsec. (f). Act July 14, 1956, added subsec. (f).
1954--Subsec. (d). Act Sept. 3, 1954, struck out ``United States''
from name of Court of Claims.
1953--Subsec. (d). Act July 28, 1953, added subsec. (d).
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 1980 Amendment
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-358 effective on first day of seventh
calendar month which begins after July 29, 1970, see section 199(a) of
Pub. L. 91-358, set out as a note under section 1257 of this title.
Jurisdiction of United States Court of Customs and Patent Appeals
Amendment by Pub. L. 85-755 not limiting or altering the
jurisdiction of the United States Court of Customs and Patent Appeals
[now United States Court of Appeals for the Federal Circuit], see
section 7 of Pub. L. 85-755, set out as a note under section 291 of this
title.
Limitation or Alteration of Jurisdiction
Amendment by act July 14, 1956, not to be construed as limiting or
altering the jurisdiction heretofore conferred upon the Customs Court
[now United States Court of International Trade], see section 4 of act
July 14, 1956, set out as a note under section 251 of this title.
