
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: 28USC294]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
            CHAPTER 13--ASSIGNMENT OF JUDGES TO OTHER COURTS
 
Sec. 294. Assignment of retired Justices or judges to active 
        duty
        
    (a) Any retired Chief Justice of the United States or Associate 
Justice of the Supreme Court may be designated and assigned by the Chief 
Justice of the United States to perform such judicial duties in any 
circuit, including those of a circuit justice, as he is willing to 
undertake.
    (b) Any judge of the United States who has retired from regular 
active service under section 371(b) or 372(a) of this title shall be 
known and designated as a senior judge and may continue to perform such 
judicial duties as he is willing and able to undertake, when designated 
and assigned as provided in subsections (c) and (d).
    (c) Any retired circuit or district judge may be designated and 
assigned by the chief judge or judicial council of his circuit to 
perform such judicial duties within the circuit as he is willing and 
able to undertake. Any other retired judge of the United States may be 
designated and assigned by the chief judge of his court to perform such 
judicial duties in such court as he is willing and able to undertake.
    (d) The Chief Justice of the United States shall maintain a roster 
of retired judges of the United States who are willing and able to 
undertake special judicial duties from time to time outside their own 
circuit, in the case of a retired circuit or district judge, or in a 
court other than their own, in the case of other retired judges, which 
roster shall be known as the roster or senior judges. Any such retired 
judge of the United States may be designated and assigned by the Chief 
Justice to perform such judicial duties as he is willing and able to 
undertake in a court outside his own circuit, in the case of a retired 
circuit or district judge, or in a court other than his own, in the case 
of any other retired judge of the United States. Such designation and 
assignment to a court of appeals or district court shall be made upon 
the presentation of a certificate of necessity by the chief judge or 
circuit justice of the circuit wherein the need arises and to any other 
court of the United States upon the presentation of a certificate of 
necessity by the chief judge of such court. No such designation or 
assignment shall be made to the Supreme Court.
    (e) No retired justice or judge shall perform judicial duties except 
when designated and assigned.

(June 25, 1948, ch. 646, 62 Stat. 901; July 9, 1956, ch. 517, Sec. 1(c), 
70 Stat. 497; Pub. L. 85-219, Aug. 29, 1957, 71 Stat. 495; Pub. L. 85-
755, Sec. 5, Aug. 25, 1958, 72 Stat. 849; Pub. L. 95-598, title II, 
Sec. 206, Nov. 6, 1978, 92 Stat. 2660.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Secs. 375, 375a, and 375f (Mar. 
3, 1911, ch. 231, Sec. 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, 
Sec. 6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 
1937, ch. 21, 50 Stat. 24; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5, 
1939, ch. 433, Sec. 5, as added May 11, 1944, ch. 192, Secs. 1-3, 58 
Stat. 218, 219).
    Section consolidates those parts of sections 375, 375a, and 375f of 
title 28, U.S.C., 1940 ed., relating to designation and assignment of 
retired justices and judges. Other provisions of said sections 375 and 
375a, appear in sections 136, 371, and 756 of this title.
    The term ``chief judge'' was substituted for ``presiding judge or 
senior judge.'' (See Reviser's Note under section 136 of this title.)
    Changes were made in phraseology.


                               Amendments

    1978--Subsecs. (c), (d). Pub. L. 95-598 directed the amendment of 
subsec. (c) by substituting ``district or bankruptcy judge'' for ``or 
district'' and the amendment of subsec. (d) by substituting ``, district 
judge or bankruptcy judge'' for ``or district judge'', which amendments 
did not become effective pursuant to section 402(b) of Pub. L. 95-598, 
as amended, set out as an Effective Date note preceding section 101 of 
Title 11, Bankruptcy.
    1958--Subsec. (a). Pub. L. 85-755 reenacted subsec. (a) without 
change.
    Subsecs. (b) to (d). Pub. L. 85-755 revised and rearranged subject 
matter to apply ``senior judge'' to all judges who retire from regular 
active service under sections 371(b) and 372(a) of this title, while 
retaining their commissions, rather than merely to those who ask to be 
placed on the Chief Justice's roster, to lodge solely in the chief judge 
and judicial council of the circuit concerned the intracircuit 
assignment power, and in the Chief Justice the power to assign retired 
judges beyond their circuits or special courts.
    Subsec. (e). Pub. L. 85-755 reenacted subsec. (e) without change.
    1957--Subsec. (d). Pub. L. 85-219 added subsec. (d).
    1956--Subsec. (b). Act July 9, 1956, inserted provisions relating to 
assignment of retired judges of the Court of Claims.


    Jurisdiction of United States Court of Customs and Patent Appeals

    Amendment by Pub. L. 85-755 not limiting or altering the 
jurisdiction of the United States Court of Customs and Patent Appeals 
[now United States Court of Appeals for the Federal Circuit], see 
section 7 of Pub. L. 85-755, set out as a note under section 291 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 46 of this title; title 26 
section 3121; title 42 section 409.
