§ 294. — Assignment of retired justices or judges to active duty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC294]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 13--ASSIGNMENT OF JUDGES TO OTHER COURTS
Sec. 294. Assignment of retired Justices or judges to active
duty
(a) Any retired Chief Justice of the United States or Associate
Justice of the Supreme Court may be designated and assigned by the Chief
Justice of the United States to perform such judicial duties in any
circuit, including those of a circuit justice, as he is willing to
undertake.
(b) Any judge of the United States who has retired from regular
active service under section 371(b) or 372(a) of this title shall be
known and designated as a senior judge and may continue to perform such
judicial duties as he is willing and able to undertake, when designated
and assigned as provided in subsections (c) and (d).
(c) Any retired circuit or district judge may be designated and
assigned by the chief judge or judicial council of his circuit to
perform such judicial duties within the circuit as he is willing and
able to undertake. Any other retired judge of the United States may be
designated and assigned by the chief judge of his court to perform such
judicial duties in such court as he is willing and able to undertake.
(d) The Chief Justice of the United States shall maintain a roster
of retired judges of the United States who are willing and able to
undertake special judicial duties from time to time outside their own
circuit, in the case of a retired circuit or district judge, or in a
court other than their own, in the case of other retired judges, which
roster shall be known as the roster of senior judges. Any such retired
judge of the United States may be designated and assigned by the Chief
Justice to perform such judicial duties as he is willing and able to
undertake in a court outside his own circuit, in the case of a retired
circuit or district judge, or in a court other than his own, in the case
of any other retired judge of the United States. Such designation and
assignment to a court of appeals or district court shall be made upon
the presentation of a certificate of necessity by the chief judge or
circuit justice of the circuit wherein the need arises and to any other
court of the United States upon the presentation of a certificate of
necessity by the chief judge of such court. No such designation or
assignment shall be made to the Supreme Court.
(e) No retired justice or judge shall perform judicial duties except
when designated and assigned.
(June 25, 1948, ch. 646, 62 Stat. 901; July 9, 1956, ch. 517, Sec. 1(c),
70 Stat. 497; Pub. L. 85-219, Aug. 29, 1957, 71 Stat. 495; Pub. L. 85-
755, Sec. 5, Aug. 25, 1958, 72 Stat. 849; Pub. L. 95-598, title II,
Sec. 206, Nov. 6, 1978, 92 Stat. 2660.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 375, 375a, and 375f (Mar.
3, 1911, ch. 231, Sec. 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29,
Sec. 6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1,
1937, ch. 21, 50 Stat. 24; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5,
1939, ch. 433, Sec. 5, as added May 11, 1944, ch. 192, Secs. 1-3, 58
Stat. 218, 219).
Section consolidates those parts of sections 375, 375a, and 375f of
title 28, U.S.C., 1940 ed., relating to designation and assignment of
retired justices and judges. Other provisions of said sections 375 and
375a, appear in sections 136, 371, and 756 of this title.
The term ``chief judge'' was substituted for ``presiding judge or
senior judge.'' (See Reviser's Note under section 136 of this title.)
Changes were made in phraseology.
Amendments
1978--Subsecs. (c), (d). Pub. L. 95-598 directed the amendment of
subsec. (c) by substituting ``district or bankruptcy judge'' for ``or
district'' and the amendment of subsec. (d) by substituting ``, district
judge or bankruptcy judge'' for ``or district judge'', 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.
1958--Subsec. (a). Pub. L. 85-755 reenacted subsec. (a) without
change.
Subsecs. (b) to (d). Pub. L. 85-755 revised and rearranged subject
matter to apply ``senior judge'' to all judges who retire from regular
active service under sections 371(b) and 372(a) of this title, while
retaining their commissions, rather than merely to those who ask to be
placed on the Chief Justice's roster, to lodge solely in the chief judge
and judicial council of the circuit concerned the intracircuit
assignment power, and in the Chief Justice the power to assign retired
judges beyond their circuits or special courts.
Subsec. (e). Pub. L. 85-755 reenacted subsec. (e) without change.
1957--Subsec. (d). Pub. L. 85-219 added subsec. (d).
1956--Subsec. (b). Act July 9, 1956, inserted provisions relating to
assignment of retired judges of the Court of Claims.
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.
Section Referred to in Other Sections
This section is referred to in section 46 of this title; title 26
section 3121; title 42 section 409.
