§ 49. — Assignment of judges to division to appoint independent counsels.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC49]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 3--COURTS OF APPEALS
Sec. 49. Assignment of judges to division to appoint independent
counsels
(a) Beginning with the two-year period commencing on the date of the
enactment of this section, three judges or justices shall be assigned
for each successive two-year period to a division of the United States
Court of Appeals for the District of Columbia to be the division of the
court for the purpose of appointing independent counsels. The Clerk of
the United States Court of Appeals for the District of Columbia Circuit
shall serve as the clerk of such division of the court and shall provide
such services as are needed by such division of the court.
(b) Except as provided under subsection (f) of this section,
assignment to such division of the court shall not be a bar to other
judicial assignments during the term of such division.
(c) In assigning judges or justices to sit on such division of the
court, priority shall be given to senior circuit judges and retired
justices.
(d) The Chief Justice of the United States shall designate and
assign three circuit court judges or justices, one of whom shall be a
judge of the United States Court of Appeals for the District of
Columbia, to such division of the court. Not more than one judge or
justice or senior or retired judge or justice may be named to such
division from a particular court.
(e) Any vacancy in such division of the court shall be filled only
for the remainder of the two-year period in which such vacancy occurs
and in the same manner as initial assignments to such division were
made.
(f) Except as otherwise provided in chapter 40 of this title, no
member of such division of the court who participated in a function
conferred on the division under chapter 40 of this title involving an
independent counsel shall be eligible to participate in any judicial
proceeding concerning a matter which involves such independent counsel
while such independent counsel is serving in that office or which
involves the exercise of such independent counsel's official duties,
regardless of whether such independent counsel is still serving in that
office.
(Added Pub. L. 95-521, title VI, Sec. 602(a), Oct. 26, 1978, 92 Stat.
1873; amended Pub. L. 97-409, Sec. 2(b)(1), Jan. 3, 1983, 96 Stat. 2039;
Pub. L. 99-554, title I, Sec. 144(g)(3), Oct. 27, 1986, 100 Stat. 3097;
Pub. L. 100-191, Secs. 4, 5(a), Dec. 15, 1987, 101 Stat. 1307.)
References in Text
The date of enactment of this section, referred to in subsec. (a),
is Oct. 26, 1978.
Amendments
1987--Subsec. (a). Pub. L. 100-191, Sec. 4, inserted at end: ``The
Clerk of the United States Court of Appeals for the District of Columbia
Circuit shall serve as the clerk of such division of the court and shall
provide such services as are needed by such division of the court.''
Subsec. (f). Pub. L. 100-191, Sec. 5(a), substituted ``involving an
independent counsel'' for ``involving a independent counsel''.
1986--Subsec. (f). Pub. L. 99-554 substituted ``chapter 40'' for
``chapter 39'' in two places.
1983--Pub. L. 97-409, Sec. 2(b)(1)(B), substituted ``independent
counsels'' for ``special prosecutors'' in section catchline.
Subsec. (a). Pub. L. 97-409, Sec. 2(b)(1)(B), substituted
``independent counsels'' for ``special prosecutors''.
Subsec. (f). Pub. L. 97-409, Sec. 2(b)(1)(A), (C), substituted
``independent counsel'' for ``special prosecutor'' wherever appearing
and ``independent counsel's'' for ``special prosecutor's''.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986,
see section 302(a) of Pub. L. 99-554, set out as a note under section
581 of this title.
Effective Date
Section effective Oct. 26, 1978, see section 604 of Pub. L. 95-521,
set out as a note under section 591 of this title.
Section Referred to in Other Sections
This section is referred to in sections 593, 595 of this title.
