
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: 28USC295]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
            CHAPTER 13--ASSIGNMENT OF JUDGES TO OTHER COURTS
 
Sec. 295. Conditions upon designation and assignment

    No designation and assignment of a circuit or district judge in 
active service shall be made without the consent of the chief judge or 
judicial council of the circuit from which the judge is to be designated 
and assigned. No designation and assignment of a judge of any other 
court of the United States in active service shall be made without the 
consent of the chief judge of such court.
    All designations and assignments of justices and judges shall be 
filed with the clerks and entered on the minutes of the courts from and 
to which made.
    The Chief Justice of the United States, a circuit justice or a chief 
judge of a circuit may make new designation and assignments in 
accordance with the provisions of this chapter and may revoke those 
previously made by him.

(June 25, 1948, ch. 646, 62 Stat. 901; Sept. 3, 1954, ch. 1263, 
Sec. 39(d), 68 Stat. 1240; July 14, 1956, ch. 589, Sec. 3(b), 70 Stat. 
532; Pub. L. 85-755, Sec. 6, Aug. 25, 1958, 72 Stat. 850; Pub. L. 95-
598, title II, Sec. 207, Nov. 6, 1978, 92 Stat. 2660.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Secs. 17, 20 (Mar. 3, 1911, ch. 
231, Secs. 13, 16, 36 Stat. 1089; Sept. 14, 1922, ch. 306, Sec. 3, 42 
Stat. 839; Aug. 24, 1937, ch. 754, Sec. 4, 50 Stat. 753; Dec. 29, 1942, 
ch. 835, Secs. 1, 4, 56 Stat. 1094, 1095).
    This section consolidates and simplifies provisions of sections 17 
and 20 of title 28, U.S.C., 1940 ed., relating to conditions upon 
designation and assignment as well as those applicable to filing, 
revoking and making new designations.
    Other provisions of section 17 of title 28, U.S.C., 1940 ed., are 
incorporated in section 291, 292, and 296 of this title.
    The reference in said section 20 to senior Associate Judge was 
omitted. (See Reviser's Note under section 291 of this title.)
    The terms ``chief judge'' and ``chief judge of a circuit'' were 
substituted for ``senior circuit judge''. (See Reviser's Note under 
section 136 of this title.)
    The alternative provision for approval by the judicial council of 
the circuit was inserted to conform with section 332 of this title.
    Changes were made in phraseology.


                               Amendments

    1978--Pub. L. 95-598 directed the amendment of section by 
substituting ``district, or bankruptcy'' for ``or district'', which 
amendment 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--Pub. L. 85-755 substituted ``of any other court of the United 
States'' for ``of the Customs Court'' in first par.
    1956--Act July 14, 1956, provided that no designation and assignment 
of a judge of the Customs Court in active service shall be made without 
the consent of the chief judge of the court.
    1954--Act Sept. 3, 1954, made it clear that the section applies only 
to the assignment of circuit and district judges in active service.


    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.


                Limitation or Alteration of Jurisdiction

    Amendment by act July 14, 1956, not to be construed as limiting or 
altering the jurisdiction heretofore conferred upon the Customs Court 
[now United States Court of International Trade], see section 4 of act 
July 14, 1956, set out as a note under section 251 of this title.
