§ 372. — Retirement for disability; substitute judge on failure to retire; judicial discipline.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC372]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
Sec. 372. Retirement for disability; substitute judge on failure
to retire
(a) Any justice or judge of the United States appointed to hold
office during good behavior who becomes permanently disabled from
performing his duties may retire from regular active service, and the
President shall, by and with the advice and consent of the Senate,
appoint a successor.
Any justice or judge of the United States desiring to retire under
this section shall certify to the President his disability in writing.
Whenever an associate justice of the Supreme Court, a chief judge of
a circuit or the chief judge of the Court of International Trade,
desires to retire under this section, he shall furnish to the President
a certificate of disability signed by the Chief Justice of the United
States.
A circuit or district judge, desiring to retire under this section,
shall furnish to the President a certificate of disability signed by the
chief judge of his circuit.
A judge of the Court of International Trade desiring to retire under
this section, shall furnish to the President a certificate of disability
signed by the chief judge of his court.
Each justice or judge retiring under this section after serving ten
years continuously or otherwise shall, during the remainder of his
lifetime, receive the salary of the office. A justice or judge retiring
under this section who has served less than ten years in all shall,
during the remainder of his lifetime, receive one-half the salary of the
office.
(b) Whenever any judge of the United States appointed to hold office
during good behavior who is eligible to retire under this section does
not do so and a certificate of his disability signed by a majority of
the members of the Judicial Council of his circuit in the case of a
circuit or district judge, or by the Chief Justice of the United States
in the case of the Chief Judge of the Court of International Trade, or
by the chief judge of his court in the case of a judge of the Court of
International Trade, is presented to the President and the President
finds that such judge is unable to discharge efficiently all the duties
of his office by reason of permanent mental or physical disability and
that the appointment of an additional judge is necessary for the
efficient dispatch of business, the President may make such appointment
by and with the advice and consent of the Senate. Whenever any such
additional judge is appointed, the vacancy subsequently caused by the
death, resignation, or retirement of the disabled judge shall not be
filled. Any judge whose disability causes the appointment of an
additional judge shall, for purpose of precedence, service as chief
judge, or temporary performance of the duties of that office, be treated
as junior in commission to the other judges of the circuit, district, or
court.
(June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, Sec. 67,
63 Stat. 99; Feb. 10, 1954, ch. 6, Sec. 4(a), 68 Stat. 12; Pub. L. 85-
261, Sept. 2, 1957, 71 Stat. 586; Pub. L. 96-417, title V, Sec. 501(9),
Oct. 10, 1980, 94 Stat. 1742; Pub. L. 96-458, Sec. 3(a), (b), Oct. 15,
1980, 94 Stat. 2036, 2040; Pub. L. 97-164, title I, Sec. 112, Apr. 2,
1982, 96 Stat. 29; Pub. L. 98-353, title I, Sec. 107, July 10, 1984, 98
Stat. 342; Pub. L. 100-702, title IV, Sec. 403(c), Nov. 19, 1988, 102
Stat. 4651; Pub. L. 101-650, title IV, Sec. 402, Dec. 1, 1990, 104 Stat.
5122; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106
Stat. 4516; Pub. L. 107-273, div. C, title I, Sec. 11043(a)(1), Nov. 2,
2002, 116 Stat. 1855.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Secs. 375b, 375c, and 375d
(Aug. 5, 1939, ch. 433, Secs. 1-3, 53 Stat. 1204, 1205).
This section consolidates sections 375b, 375c, and 375d of title 28,
U.S.C., 1940 ed.
Section 375e of title 28, U.S.C., 1940 ed. providing that term
``senior circuit judge'' includes the Chief Justice of the United States
Court of Appeals for the District of Columbia, and the term ``judicial
circuit'' includes the District of Columbia, was omitted from this
revision as unnecessary. Such district is included as a judicial circuit
by section 41 of this title.
Words ``justice or judge of the United States'' were used to
describe members of all courts who hold office during good behavior.
(See reviser's note under section 371 of this title.)
Term ``chief judge'' was substituted for ``Chief Justice'' of the
Court of Claims, ``presiding judge'' of the Court of Customs and Patent
Appeals and ``senior circuit judge.'' (See Reviser's Note under section
136 of this title.)
For clarity and convenience the requirement that certificates of
disability be submitted ``to the President,'' was made explicit.
The revised section requires a judge of the Customs Court to furnish
a certificate of disability signed by the chief judge of his court,
instead of by the chief judge of the Court of Customs and Patent Appeals
as in said section 375c of title 28, U.S.C., 1940 ed. This change
insures signing of the certificate of disability by the chief judge
possessing knowledge of the facts.
Changes were made in phraseology and arrangement.
1949 Act
Subsection (a) of this section amends section 372 of title 28,
U.S.C., to express the requirement that appointment of successors to
justices or judges must be made with confirmation by the Senate.
Subsection (b) of this section clarifies the intent of section 372 of
title 28, U.S.C., and conforms with the language of section 371 of such
title.
Amendments
2002--Pub. L. 107-273, Sec. 11043(a)(1)(A), struck out ``; judicial
discipline'' after ``failure to retire'' in section catchline.
Subsec. (c). Pub. L. 107-273, Sec. 11043(a)(1)(B), struck out
subsec. (c), which had authorized complaints against circuit, district,
bankruptcy, and magistrate judges, and set forth procedures for
investigation and disposition of complaints. See chapter 16 of this
title.
1992--Subsec. (c)(18). Pub. L. 102-572 substituted ``United States
Court of Federal Claims'' for ``United States Claims Court''.
1990--Subsec. (c)(1). Pub. L. 101-650, Sec. 402(a), inserted at end
``In the interests of the effective and expeditious administration of
the business of the courts and on the basis of information available to
the chief judge of the circuit, the chief judge may, by written order
stating reasons therefor, identify a complaint for purposes of this
subsection and thereby dispense with filing of a written complaint.''
Subsec. (c)(3)(B). Pub. L. 101-650, Sec. 402(f), inserted before
period at end ``or that action on the complaint is no longer necessary
because of intervening events''.
Subsec. (c)(4). Pub. L. 101-650, Sec. 402(b), inserted at end ``A
judge appointed to a special committee under this paragraph may continue
to serve on that committee after becoming a senior judge or, in the case
of the chief judge of the circuit, after his or her term as chief judge
terminates under subsection (a)(3) or (c) of section 45 of this title.
If a judge appointed to a committee under this paragraph dies, or
retires from office under section 371(a) of this title, while serving on
the committee, the chief judge of the circuit may appoint another
circuit or district judge, as the case may be, to the committee.''
Subsec. (c)(6). Pub. L. 101-650, Sec. 402(g), added subpar. (C) and
redesignated former subpar. (C) as (D).
Subsec. (c)(7)(B). Pub. L. 101-650, Sec. 402(i)(1), substituted
``may have engaged in conduct'' for ``has engaged in conduct'' in
introductory provisions and ``article II'' for ``article I'' in cl. (i).
Subsec. (c)(8). Pub. L. 101-650, Sec. 402(d), designated existing
provisions as subpar. (A) and added subpar. (B).
Pub. L. 101-650, Sec. 402(c)(1), inserted at end ``Upon receipt of
the determination and record of proceedings in the House of
Representatives, the Clerk of the House of Representatives shall make
available to the public the determination and any reasons for the
determination.''
Subsec. (c)(11). Pub. L. 101-650, Sec. 402(e), inserted at end ``No
rule promulgated under this subsection may limit the period of time
within which a person may file a complaint under this subsection.''
Subsec. (c)(14). Pub. L. 101-650, Sec. 402(c)(2)(A), (B),
substituted ``Except as provided in paragraph (8), all'' for ``All'' and
``except to the extent that'' for ``unless'' in introductory provisions.
Subsec. (c)(14)(A). Pub. L. 101-650, Sec. 402(c)(2)(E), added
subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (c)(14)(B). Pub. L. 101-650, Sec. 402(c)(2)(D), redesignated
subpar. (A) as (B). Former subpar. (B) redesignated (C).
Pub. L. 101-650, Sec. 402(c)(2)(C), inserted ``such disclosure is''
before ``authorized''.
Subsec. (c)(14)(C). Pub. L. 101-650, Sec. 402(c)(2)(D), (i)(2),
redesignated subpar. (B) as (C) and substituted ``subject of the
complaint'' for ``subject to the complaint''.
Subsec. (c)(16) to (18). Pub. L. 101-650, Sec. 402(h), added par.
(16) and redesignated former pars. (16) and (17) as (17) and (18),
respectively.
1988--Subsec. (c)(11). Pub. L. 100-702 inserted before last sentence
``Any such rule shall be made or amended only after giving appropriate
public notice and an opportunity for comment.''
1984--Subsec. (c)(6)(B)(vii). Pub. L. 98-353 substituted ``section
152'' for ``section 153''.
1982--Subsec. (a). Pub. L. 97-164, Sec. 112(a), struck out ``Court
of Claims, Court of Customs and Patent Appeals, or'' before ``Court of
International Trade'' in third and fifth pars.
Subsec. (b). Pub. L. 97-164, Sec. 112(b), struck out ``Court of
Claims, Court of Customs and Patent Appeals, or'' before ``Court of
International Trade'' wherever appearing.
Subsec. (c)(17). Pub. L. 97-164, Sec. 112(c), substituted ``United
States Claims Court, the Court of International Trade, and the Court of
Appeals for the Federal Circuit'' for ``Court of Claims, the Court of
Customs and Patent Appeals, and the Customs Court''.
1980--Pub. L. 96-458, Sec. 3(b), inserted ``judicial discipline'' in
section catchline.
Subsecs. (a), (b). Pub. L. 96-417 redesignated the Customs Court as
the Court of International Trade.
Subsec. (c). Pub. L. 96-458, Sec. 3(a), added subsec. (c).
1957--Subsec. (b). Pub. L. 85-261 added subsec. (b).
1954--Act Feb. 10, 1954, inserted ``; substitute judge on failure to
retire'' in section catchline (but without adding any provisions on such
subject to the text of the section, see 1957 amendment), and inserted
``under this section'' after ``retire'' in third, fourth, and fifth
pars.
1949--Act May 24, 1949, amended section to include provision that
appointment of successors to justices or judges must be made with
consent of Senate, and inserted ``continuously or otherwise'' after
``Each justice or judge'' in last par.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-650 effective 90 days after Dec. 1, 1990,
see section 407 of Pub. L. 101-650, set out as a note under section 332
of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section 407
of Pub. L. 100-702, set out as a note under section 2071 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of this title.
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 Amendments
Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7 of
Pub. L. 96-458, set out as a note under section 331 of this title.
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.
National Commission on Judicial Discipline and Removal
Pub. L. 102-368, title I, Sept. 23, 1992, 106 Stat. 1118, provided
in part that the National Commission on Judicial Discipline and Removal
was to submit to Congress, the Chief Justice of the United States, and
the President, the report mandated in subtitle II of title IV of Pub. L.
101-650 no later than Aug. 1, 1993.
Subtitle II of title IV of Pub. L. 101-650, Dec. 1, 1990, 104 Stat.
5124, as amended by Pub. L. 102-198, Sec. 8(a), (b)(2), Dec. 9, 1991,
105 Stat. 1625, 1626, known as the National Commission on Judicial
Discipline and Removal Act, established the National Commission on
Judicial Discipline and Removal to study the problems involved in the
tenure of article III judges and submit to Congress, the Chief Justice
of the United States, and the President, not later than one year after
the Commission's first meeting, a report of its findings, conclusions,
and recommendations, and provided that the Commission was to terminate
30 days after submission of the report.
Computation of Judicial Service, District of Alaska
Inclusion of service as judge of the District Court for the
Territory of Alaska in the computation of years of judicial service for
judges of the United States District Court for the District of Alaska,
see Pub. L. 89-70, set out as a note under section 371 of this title.
Judicial Service in Hawaii
Certain judicial service in Hawaii included within computation of
aggregate years of judicial service, see section 14(d) of Pub. L. 86-3,
set out as a note under section 371 of this title.
Section Referred to in Other Sections
This section is referred to in sections 178, 294, 332, 354, 376,
377, 621 of this title; title 5 sections 8440a, 8701.
