
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC136]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
                       CHAPTER 5--DISTRICT COURTS
 
Sec. 136. Chief judges; precedence of district judges

    (a)(1) In any district having more than one district judge, the 
chief judge of the district shall be the district judge in regular 
active service who is senior in commission of those judges who--
        (A) are sixty-four years of age or under;
        (B) have served for one year or more as a district judge; and
        (C) have not served previously as chief judge.

    (2)(A) In any case in which no district judge meets the 
qualifications of paragraph (1), the youngest district judge in regular 
active service who is sixty-five years of age or over and who has served 
as district judge for one year or more shall act as the chief judge.
    (B) In any case under subparagraph (A) in which there is no district 
judge in regular active service who has served as a district judge for 
one year or more, the district judge in regular active service who is 
senior in commission and who has not served previously as chief judge 
shall act as the chief judge.
    (3)(A) Except as provided in subparagraph (C), the chief judge of 
the district appointed under paragraph (1) shall serve for a term of 
seven years and shall serve after expiration of such term until another 
judge is eligible under paragraph (1) to serve as chief judge of the 
district.
    (B) Except as provided in subparagraph (C), a district judge acting 
as chief judge under subparagraph (A) or (B) of paragraph (2) shall 
serve until a judge has been appointed who meets the qualifications 
under paragraph (1).
    (C) No district judge may serve or act as chief judge of the 
district after attaining the age of seventy years unless no other 
district judge is qualified to serve as chief judge of the district 
under paragraph (1) or is qualified to act as chief judge under 
paragraph (2).
    (b) The chief judge shall have precedence and preside at any session 
which he attends.
    Other district judges shall have precedence and preside according to 
the seniority of their commissions. Judges whose commissions bear the 
same date shall have precedence according to seniority in age.
    (c) A judge whose commission extends over more than one district 
shall be junior to all district judges except in the district in which 
he resided at the time he entered upon the duties of his office.
    (d) If the chief judge desires to be relieved of his duties as chief 
judge while retaining his active status as district judge, he may so 
certify to the Chief Justice of the United States, and thereafter, the 
chief judge of the district shall be such other district judge who is 
qualified to serve or act as chief judge under subsection (a).
    (e) If a chief judge is temporarily unable to perform his duties as 
such, they shall be performed by the district judge in active service, 
present in the district and able and qualified to act, who is next in 
precedence.

(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 31, 1951, ch. 655, Sec. 37, 
65 Stat. 723; Pub. L. 85-593, Sec. 2, Aug. 6, 1958, 72 Stat. 497; Pub. 
L. 97-164, title II, Sec. 202, Apr. 2, 1982, 96 Stat. 52.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Sec. 375 and District of 
Columbia Code, 1940 ed., Sec. 11-301 (Mar. 3, 1901, ch. 854, Secs. 60, 
61, 31 Stat. 1199; Mar. 3, 1911, ch. 231, Sec. 260, 36 Stat. 1161; Mar. 
3, 1911, ch. 231, Sec. 289, 32 Stat. 1167; Feb. 25, 1919, ch. 29, 
Sec. 6, 40 Stat. 1157; Dec. 20, 1928, ch. 41, 45 Stat. 1056; Mar. 1, 
1929, ch. 419, 45 Stat. 1422; June 19, 1930, ch. 537, 46 Stat. 785; May 
31, 1938, ch. 290, Sec. 5, 52 Stat. 584).
    Section consolidates portions of section 375 of title 28, U.S.C., 
1940 ed., and section 11-301 of the District of Columbia Code, 1940 ed. 
The provisions of said section 375 relating to resignation and 
retirement of judges, and appointment of court officers, are 
incorporated in sections 294, 371, and 756 of this title. Other 
provisions of said section 11-301 of the District of Columbia Code are 
incorporated in section 133 of this title.
    Subsection (a), providing for a ``chief judge'' is new. Such term 
replaces the terms ``senior district judge,'' and ``Chief Justice'' of 
the District Court in the District of Columbia. It is employed in view 
of the great increase of administrative duties of such judge. The use of 
the term ``chief judge'' with respect to the District of Columbia will 
result in uniform nomenclature for all district courts. The district 
judges of that court have expressed approval of such designation.
    The provision in said section 11-301 of the District of Columbia 
Code, 1940 ed., that the ``Chief Justice'' shall be appointed by the 
President, by and with the advice and consent of the Senate, was omitted 
for the purpose of establishing a uniform method of creating the 
position of chief judge in all districts. The District of Columbia is 
expressly made a judicial district by section 88 of this title.
    Subsection (b) is new and conforms with similar provisions 
respecting associate justices of the Supreme Court and circuit judges in 
sections 4 and 45 of this title.
     Subsection (c) is from the proviso in the second paragraph of 
section 375 of title 28, U.S.C., 1940 ed., which applied only in cases 
of appointment of court officers. Here it is made applicable to all 
district judges.
    Subsections (d) and (e) are new, and conform with section 44 of this 
title relating to precedence of circuit judges.
    The official status of the Chief Justice of the District Court for 
the District of Columbia holding office at the effective date of this 
act is preserved by section 2 of the bill to enact revised title 28.


                               Amendments

    1982--Subsec. (a). Pub. L. 97-164, Sec. 202(a), designated existing 
first sentence of subsec. (a) as par. (1), substituted ``In any district 
having more than one district judge, the chief judge of the district 
shall be the district judge in regular active service who is senior in 
commission of those judges who--(A) are sixty-four years of age or 
under; (B) have served for one year or more as a district judge; and (C) 
have not served previously as chief judge'' for ``In each district 
having more than one judge the district judge in regular active service 
who is senior in commission and under seventy years of age shall be the 
chief judge of the district court'' in par. (1) as so designated, 
designated existing second sentence of subsec. (a) as par. (2)(A), 
substituted ``In any case in which no district judge meets the 
qualifications of paragraph (1), the youngest district judge in regular 
active service who is sixty-five years of age or over and who has served 
as district judge for one year or more shall act as the chief judge'' 
for ``If all the district judges in regular active service are seventy 
years of age or older the youngest shall act as chief judge until a 
judge has been appointed and qualified who is under seventy years of 
age, but a judge may not act as chief judge until he has served as a 
district judge for one year'' in par. (2)(A) as so designated, and added 
pars. (2)(B) and (3).
    Subsec. (d). Pub. L. 97-164, Sec. 202(b), substituted ``and 
thereafter, the chief judge of the district shall be such other district 
judge who is qualified to serve or act as chief judge under subsection 
(a)'' for ``and thereafter the district judge in active service next in 
precedence and willing to serve shall be designated by the Chief Justice 
as the chief judge of the district court''.
    1958--Subsec. (a). Pub. L. 85-593 provided that chief judges of 
district courts cease to serve as such upon reaching the age of seventy, 
that the youngest district judge act as chief judge where all district 
judges in regular active service are seventy years or older until a 
judge under seventy has been appointed and qualified, and that district 
judge must have served one year before acting as chief judge.
    1951--Subsec. (a). Act Oct. 31, 1951, inserted ``in active service 
who is''.


                    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 1958 Amendment

    Amendment by Pub. L. 85-593 effective at expiration of one year from 
Aug. 6, 1958, see section 3 of Pub. L. 85-593, as amended, set out as a 
note under section 45 of this title.


                            Savings Provision

    Amendment by Pub. L. 97-164 not to apply or affect any person 
serving as chief judge on the effective date of Pub. L. 97-164 [Oct. 1, 
1982], and the provisions of subsec. (a) of this section as in effect on 
the day before the effective date of part A of title II of Pub. L. 97-
164 [Oct. 1, 1982] applicable to the chief judge of a district court 
serving on such effective date, see section 203 of Pub. L. 97-164, set 
out as a note under section 45 of this title.
