§ 375. — Recall of certain judges and magistrate 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: 28USC375]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
Sec. 375. Recall of certain judges and magistrate judges
(a)(1) A bankruptcy judge or a United States magistrate judge
appointed under chapter 43 of this title, who has retired under the
provisions of section 377 of this title or under the applicable
provisions of title 5 upon attaining the age and years of service
requirements established in section 371(c) of this title, may agree to
be recalled to serve under this section for a period of five years as a
bankruptcy judge or magistrate judge, as the case may be, upon
certification that substantial service is expected to be performed by
such retired judge or magistrate judge during such 5-year period. With
the agreement of the judge or magistrate judge involved, a certification
under this subsection may be renewed for successive 5-year periods.
(2) For purposes of paragraph (1) of this subsection, a
certification may be made, in the case of a bankruptcy judge or a United
States magistrate,\1\ by the judicial council of the circuit in which
the official duty station of the judge or magistrate at the time of
retirement was located.
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\1\ So in original. Probably should be ``United States magistrate
judge,''.
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(3) For purposes of this section, the term ``bankruptcy judge''
means a bankruptcy judge appointed under chapter 6 of this title or
serving as a bankruptcy judge on March 31, 1984.
(b) A judge or magistrate judge recalled under this section may
exercise all of the powers and duties of the office of judge or
magistrate judge held at the time of retirement, including the ability
to serve in any other judicial district to the extent applicable, but
may not engage in the practice of law or engage in any other business,
occupation, or employment inconsistent with the expeditious, proper, and
impartial performance of duties as a judicial officer.
(c) During the 5-year period in which a certification under
subsection (a) is in effect, the judge or magistrate judge involved
shall receive, in addition to the annuity provided under the provisions
of section 377 of this title or under the applicable provisions of title
5, an amount equal to the difference between that annuity and the
current salary of the office to which the judge or magistrate judge is
recalled. The annuity of a bankruptcy judge or magistrate judge who
completes that 5-year period of service, whose certification is not
renewed, and who retired under section 377 of this title shall be equal
to the salary in effect, at the end of that 5-year period, for the
office from which he or she retired.
(d) A certification under subsection (a) may be terminated in
accordance with chapter 16 of this title, and such a certification shall
be terminated upon the death of the recalled judge or magistrate judge
involved.
(e) Except as provided in subsection (b), nothing in this section
shall affect the right of judges or magistrate judges who retire under
the provisions of chapter 83 or chapter 84 of title 5 to serve as
reemployed annuitants in accordance with the provisions of title 5. A
judge or magistrate judge to whom this section applies may be recalled
under section 155, 636(h), or 797 of this title, as the case may be,
other than during a 5-year period in which a certification under
subsection (a) is in effect with respect to that judge or magistrate
judge.
(f) For purposes of determining the years of service requirements in
order to be eligible for recall under this section, any service as a
bankruptcy judge or a United States magistrate judge, and any prior
service as a referee in bankruptcy or a United States commissioner, may
be credited.
(g) Except as provided in subsection (c), a judge or magistrate
judge recalled under this section who retired under the applicable
provisions of title 5 shall be considered to be a reemployed annuitant
under chapter 83 or chapter 84, as the case may be, of title 5.
(h) The Judicial Conference of the United States may promulgate
regulations to implement this section.
(Added Pub. L. 99-651, title II, Sec. 201(b)(1), Nov. 14, 1986, 100
Stat. 3647; amended Pub. L. 100-659, Sec. 4(b), Nov. 15, 1988, 102 Stat.
3918; Pub. L. 101-650, title III, Secs. 321, 325(b)(2), Dec. 1, 1990,
104 Stat. 5117, 5121; Pub. L. 102-572, title IX, Sec. 904(a), Oct. 29,
1992, 106 Stat. 4517; Pub. L. 107-273, div. C, title I, Sec. 11043(d),
Nov. 2, 2002, 116 Stat. 1855.)
Prior Provisions
A prior section 375, added Aug. 28, 1954, ch. 1053, Sec. 1, 68 Stat.
918; amended Aug. 3, 1956, ch. 944, Sec. 1(b), 70 Stat. 1021; Aug. 22,
1972, Pub. L. 92-397, Sec. 1, 86 Stat. 579, provided for annuities to
widows of justices, prior to repeal by Pub. L. 96-504, Sec. 5, Dec. 5,
1980, 94 Stat. 2742.
Amendments
2002--Subsec. (d). Pub. L. 107-273 substituted ``chapter 16'' for
``section 372(c)''.
1992--Subsec. (a)(1). Pub. L. 102-572, Sec. 904(a)(1), struck out
``, a judge of the Claims Court,'' after ``A bankruptcy judge'' and ``,
judge of the Claims Court,'' after ``a bankruptcy judge''.
Subsec. (a)(2). Pub. L. 102-572, Sec. 904(a)(2), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``For purposes
of paragraph (1) of this subsection, a certification may be made--
``(A) in the case of a bankruptcy judge or a United States
magistrate, by the judicial council of the circuit in which the
official duty station of the judge or magistrate at the time of
retirement was located; and
``(B) in the case of a judge of the Claims Court, by the chief
judge of the United States Claims Court.''
Subsec. (a)(3). Pub. L. 102-572, Sec. 904(a)(3), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``For purposes
of this section--
``(A) the term `bankruptcy judge' means a bankruptcy judge
appointed under chapter 6 of this title or serving as a bankruptcy
judge on March 31, 1984; and
``(B) the term `judge of the Claims Court' means a judge of the
United States Claims Court who is appointed under chapter 7 of this
title or who has served under section 167 of the Federal Courts
Improvement Act of 1982.''
Subsec. (f). Pub. L. 102-572, Sec. 904(a)(4), struck out ``, a judge
of the Claims Court,'' after ``bankruptcy judge'' and ``, a commissioner
of the Court of Claims,'' after ``referee in bankruptcy''.
1990--Subsec. (a)(1). Pub. L. 101-650 substituted ``section 377 of
this title'' for ``section 377 of title''.
1988--Subsec. (a)(1). Pub. L. 100-659, Sec. 4(b)(1), inserted
``under the provisions of section 377 of title or'' after ``has
retired''.
Subsec. (c). Pub. L. 100-659, Sec. 4(b)(2), inserted ``under the
provisions of section 377 of this title or'' after ``annuity provided''
and inserted at end ``The annuity of a bankruptcy judge or magistrate
who completes that 5-year period of service, whose certification is not
renewed, and who retired under section 377 of this title shall be equal
to the salary in effect, at the end of that 5-year period, for the
office from which he or she retired.''
Subsec. (g). Pub. L. 100-659, Sec. 4(b)(3), inserted ``who retired
under the applicable provisions of title 5'' after ``section''.
Change of Name
Words ``magistrate judge'' and ``magistrate judges'' substituted for
``magistrate'' and ``magistrates'', respectively, wherever appearing in
section catchline and text pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of this title.
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 1988 Amendment
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and applicable
to bankruptcy judges and magistrate judges who retire on or after Nov.
15, 1988, with exception for judges and magistrate judges retiring on or
after July 31, 1987, see section 9 of Pub. L. 100-659, as amended, set
out as an Effective Date note under section 377 of this title.
Effective Date
Section effective Jan. 1, 1987, see section 203 of Pub. L. 99-651,
set out as an Effective Date of 1986 Amendment note under section 155 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 374, 376, 377, 631, 636 of
this title.
