§ 296. — Powers upon designation and assignment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC296]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 13--ASSIGNMENT OF JUDGES TO OTHER COURTS
Sec. 296. Powers upon designation and assignment
A justice or judge shall discharge, during the period of his
designation and assignment, all judicial duties for which he is
designated and assigned. He may be required to perform any duty which
might be required of a judge of the court or district or circuit to
which he is designated and assigned.
Such justice or judge shall have all the powers of a judge of the
court, circuit or district to which he is designated and assigned,
except the power to appoint any person to a statutory position or to
designate permanently a depository of funds or a newspaper for
publication of legal notices.
A justice or judge who has sat by designation and assignment in
another district or circuit may, notwithstanding his absence from such
district or circuit or the expiration of the period of his designation
and assignment, decide or join in the decision and final disposition of
all matters submitted to him during such period and in the consideration
and disposition of applications for rehearing or further proceedings in
such matters.
(June 25, 1948, ch. 646, 62 Stat. 901.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 17, 18, 22, 23, 301 (Mar.
3, 1911, ch. 231, Secs. 13, 14, 18, 19, 188, 36 Stat. 1089, 1143; Oct.
3, 1913, ch. 18, 38 Stat. 203; Feb. 25, 1919, ch. 29, Secs. 2, 5, 40
Stat. 1156, 1157; Sept. 14, 1922, ch. 306, Secs. 3, 4, 5, 42 Stat. 839;
Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; 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, Secs. 1, 2, 5, 6, 56 Stat. 1094, 1095).
Section simplifies provisions of sections 17, 18, paragraphs (b) and
(c) of section 22, and sections 23 and 301 of title 28, U.S.C., 1940
ed., relating to powers and duties of designated judges.
Other provisions of said sections 17 and 22 of title 28, U.S.C.,
1940 ed., are incorporated in sections 291, 292, and 295 of this title.
Other provisions of said section 301 of title 28, U.S.C., 1940 ed.,
are incorporated in sections 211-213, 215, and 293 of this title.
Section is made applicable to retired justices of the Supreme Court
by inclusion of reference to ``justice,'' on the theory that a justice
should have the same powers and duties and be subject to the same
limitations as designated and assigned circuit and district judges.
The second sentence of the revised section was substituted for the
provision of section 18 of title 28, U.S.C., 1940 ed., which subjected
circuit judges to the same assignments of duty as the circuit judges of
the circuit to which they are designated and assigned. The revised
section extends this requirement and makes it applicable to all
designated and assigned judges.
The provision in the last paragraph of said section 22 that the
action of the assigned judge in writing filed with the clerk of court
where the trial or hearing was held shall be valid as if such action had
been taken by him within the district and within the period of his
designation, was omitted as surplusage. See section 295 of this title.
