June 25, 1948, ch. 64662 Stat. 900July 28, 1953, ch. 253, § 267 Stat. 226Sept. 3, 1954, ch. 1263, § 39(b)68 Stat. 1240July 9, 1956, ch. 517, § 1(a)70 Stat. 497Pub. L. 85–755, § 272 Stat. 848Pub. L. 95–598, title II, § 20292 Stat. 2660Pub. L. 97–164, title I, § 10896 Stat. 28Pub. L. 102–572, title I, § 104106 Stat. 4507(, ; , ; , ; , ; , , ; , , ; , , ; , , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 23136 Stat. 1089Oct. 3, 1913, ch. 1838 Stat. 203Sept. 14, 1922, ch. 30642 Stat. 839Mar. 2, 1929, ch. 488, § 145 Stat. 1475June 7, 1934, ch. 42648 Stat. 926June 25, 1936, ch. 80449 Stat. 1921Aug. 24, 1937, ch. 754, § 450 Stat. 753Dec. 29, 1942, ch. 835, § 156 Stat. 1094Based on title 28, U.S.C., 1940 ed., §§ 17, 22 (, §§ 13, 18, ; , ; , §§ 3, 5, ; , ; , ; , ; , ; , ).
Section consolidates all provisions of sections 17 and 22 of title 28, U.S.C., 1940 ed., relating to designation and assignment of circuit judges.
The revised section omits a reference to the Chief Justice contained in said section 22, since in exercising the powers under subsection (b), he acts as a circuit justice.
section 41 of this titleParagraph (d) of said section 17, making the section applicable to the United States Court of Appeals for the District of Columbia, is omitted since such court is included in this revision because the District of Columbia is made a separate circuit. (See .)
section 3 of this titleProvisions of said sections 17 and 22 authorizing the senior Associate Justice to act in the absence of the Chief Justice of the United States were omitted as surplusage in view of specific authority to so act in .
section 22 of title 28The words in said section 17 “for such time as the business of such district court may require,” were omitted as inconsistent with the language of said , U.S.C., 1940 ed., which employed the words “the public interest requires” and “from time to time and until he shall otherwise direct.” The revised section and sections 294 and 296 of this title make clear the power to make designation and assignment without any limitation of time, to revoke such designation and assignment and to make, from time to time, new designations and assignments.
section 136 of this titleThe term “chief judge” of the circuit was substituted for “senior circuit judge.” (See reviser’s note under .)
section 294 of this titleReferences in said sections 17 and 22 to retired judges were omitted as covered by .
section 17 of title 28Other provisions of said , U.S.C., 1940 ed., are incorporated in sections 292, 295 and 296 of this title.
section 22 of title 28section 296 of this titleOther provisions of said , U.S.C., 1940 ed., are incorporated in .
Changes were made in phraseology and arrangement.
Editorial Notes
Amendments
Pub. L. 102–5721992—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Chief Justice of the United States may designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.”
Pub. L. 97–1641982—Subsecs. (b), (c). redesignated subsec. (c) as (b). Former subsec. (b), which authorized the Chief Justice of the United States to designate and temporarily assign any circuit judge to serve as a judge of the Court of Claims or the Court of Customs and Patent Appeals upon presentation to him of a certificate of necessity by the chief judge of the court in which the need arose, was struck out.
Pub. L. 95–598section 402(b) of Pub. L. 95–598section 101 of Title 111978—Subsec. (c). directed the amendment of subsec. (c) by inserting “or bankruptcy” after “to hold a district”, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.
Pub. L. 85–755section 293(a) of this title1958—Subsec. (a). struck out provision for assignment of any judge of the Court of Claims to serve as circuit judge in any circuit. See .
Pub. L. 85–755section 293 of this titlesection 293(a) of this titleSubsec. (b). redesignated subsec. (c) as (b) and incorporated in it provision for assignment of circuit judges to Court of Customs and Patent Appeals formerly contained in . Former subsec. (b), which provided for assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court for the District of Columbia, was struck out. See .
Pub. L. 85–755Subsecs. (c), (d). redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
1956—Subsec. (a). Act , inserted “or any judge of the Court of Claims to serve as a circuit judge in any circuit”.
1954—Subsec. (c). Act , struck out “United States” from name of Court of Claims.
1953—Subsecs. (c), (d). Act , added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–572section 1101(a) of Pub. L. 102–572section 905 of Title 2Amendment by effective , see , set out as a note under , The Congress.
Effective Date of 1982 Amendment
Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .
Jurisdiction of United States Court of Customs and Patent Appeals
Pub. L. 85–755, § 772 Stat. 850