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AMENDMENTS 1992 - Subsec. (a). Pub. L. 102-572 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." 1982 - Subsecs. (b), (c). Pub. L. 97-164 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. 1978 - Subsec. (c). Pub. L. 95-598 directed the amendment of subsec. (c) by inserting "or bankruptcy" after "to hold a 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 - Subsec. (a). Pub. L. 85-755 struck out provision for assignment of any judge of the Court of Claims to serve as circuit judge in any circuit. See section 293(a) of this title. Subsec. (b). Pub. L. 85-755 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 section 293 of this title. 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 section 293(a) of this title. Subsecs. (c), (d). Pub. L. 85-755 redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b). 1956 - Subsec. (a). Act July 9, 1956, inserted "or any judge of the Court of Claims to serve as a circuit judge in any circuit". 1954 - Subsec. (c). Act Sept. 3, 1954, struck out "United States" from name of Court of Claims. 1953 - Subsecs. (c), (d). Act July 28, 1953, added subsec. (c) and redesignated former subsec. (c) as (d). EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102-572, set out as a note under section 905 of Title 2, The Congress. 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. JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS Section 7 of Pub. L. 85-755 provided that: "Nothing contained in this Act [amending this section and sections 211 and 292 to 295 of this title] shall be construed in any way to limit or alter the jurisdiction heretofore conferred upon the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit] by any provision of law." -End- -CITE- 28 USC Sec. 292 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS -HEAD- Sec. 292. District judges -STATUTE- (a) The chief judge of a circuit may designate and assign one or more district judges within the circuit to sit upon the court of appeals or a division thereof whenever the business of that court so requires. Such designations or assignments shall be in conformity with the rules or orders of the court of appeals of the circuit. (b) The chief judge of a circuit may, in the public interest, designate and assign temporarily any district judge of the circuit to hold a district court in any district within the circuit. (c) The chief judge of the United States Court of Appeals for the District of Columbia Circuit may, upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia pursuant to section 11-908(c) of the District of Columbia Code, designate and assign temporarily any district judge of the circuit to serve as a judge of such Superior Court, if such assignment (1) is approved by the Attorney General of the United States following a determination by him to the effect that such assignment is necessary to meet the ends of justice, and (2) is approved by the chief judge of the United States District Court for the District of Columbia. (d) The Chief Justice of the United States may designate and assign temporarily a district judge of one circuit for service in another circuit, either in a district court or court of appeals, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. (e) The Chief Justice of the United States may designate and assign temporarily any district judge to serve as a judge of the Court of International Trade upon presentation to him of a certificate of necessity by the chief judge of the court. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 901; July 28, 1953, ch. 253, Sec. 3, 67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(c), 68 Stat. 1240; July 9, 1956, ch. 517, Sec. 1(b), 70 Stat. 497; July 14, 1956, ch. 589, Sec. 2, 70 Stat. 532; Pub. L. 85-755, Sec. 3, Aug. 25, 1958, 72 Stat. 848; Pub. L. 91-358, title I, Sec. 172(e), July 29, 1970, 84 Stat. 591; Pub. L. 95-598, title II, Secs. 203, 204, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96-417, title V, Sec. 501(7), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97-164, title I, Sec. 109, Apr. 2, 1982, 96 Stat. 28.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 17, 21 and 216 (Mar. 3, 1911, ch. 231, Secs. 13, 17, 120, 36 Stat. 1089, 1132; 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, Sec. 1, 56 Stat. 1094). Section consolidates and simplifies all provisions of sections 17, 21 and 216 of title 28, U.S.C., 1940 ed., relating to designation and assignment of district judges. Term "chief judge" was substituted for "senior circuit judge." (See Reviser's Note under section 136 of this title.) Sections 17 and 21 of title 28, U.S.C., 1940 ed., were inconsistent insofar as the words "or in his absence, the circuit judges thereof," appearing in said section 17 were not in section 21, and the words "senior circuit judge then present in the circuit," appearing in section 21 were not in section 17. The revised section omits all such words and leaves designation of assignment to the chief judge of the circuit. If the chief judge is unable to perform his duties they devolve, under section 45 of this title, upon the circuit judge next in seniority of commission. The provision of said section 17, that designation of a district judge to another circuit should be from an adjacent circuit if practicable, was omitted as an unnecessary restriction on the discretion of the Chief Justice. Section 19 of title 28, U.S.C., 1940 ed., is omitted as unnecessary. It authorized the Chief Justice of the United States to designate and assign any district judge to a district upon receiving a certificate from the clerk of the district that all circuit judges and the circuit justice were absent from the circuit, or were unable to appoint a substitute judge for the district,or where the district judge actually designated was disabled or neglected to hold court. For omission of reference in said section 17 to senior Associate Justice, see reviser's note under section 291 of this title. Reference in said section 17 to retired judges were omitted as covered by section 294 of this title. Other provisions of said section 17 of title 28, U.S.C., 1940 ed., are incorporated in sections 291, 295, and 296 of this title. Other provisions of said section 216 of such title are incorporated in sections 45 and 47 of this title. Words "either in a district court or court of appeals" were inserted in subsection (c) as suggested by Hon. Learned Hand, Senior Circuit Judge of the Second Circuit. The revised section permits a district judge to be assigned directly to the circuit court of appeals of another circuit. Under existing law it has been assumed that he must be assigned to serve as a district judge on the other circuit and then designated to serve on the circuit court of appeals by that court in which his services are required. Many changes were made in phraseology. AMENDMENTS 1982 - Subsec. (e). Pub. L. 97-164 struck out "the Court of Claims, the Court of Customs and Patent Appeals or" after "to serve as a judge of" and "in which the need arises" after "chief judge of the court". 1980 - Subsec. (e). Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade. 1978 - Subsecs. (b), (d). Pub. L. 95-598 directed the amendment of subsec. (b) by substituting "to hold a district court or a bankruptcy court" for "to hold a district court" and the amendment of subsec. (d) by substituting "in a bankruptcy court, district court, or court of appeals" for "either in a district court or court of appeals", 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. 1970 - Subsecs. (c) to (e). Pub. L. 91-358 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1958 - Subsecs. (a) to (c). Pub. L. 85-755 reenacted subsecs. (a) to (c) without change. Subsec. (d). Pub. L. 85-755 incorporated provisions for assignment of district judges to the Court of Customs and Patent Appeals and the Customs Court, formerly contained in section 293 of this title and subsec. (f) of this section. Subsec. (e). Pub. L. 85-755 struck out subsec. (e) which provided for assignment of judges of the Court of Claims to district courts. See section 293(a) of this title. Subsec. (f). Pub. L. 85-755 struck out subsec. (f) which provided for assignment of district judges to the Customs Court. See subsec. (d) of this section. 1956 - Subsec. (e). Act July 9, 1956, added subsec. (e). Subsec. (f). Act July 14, 1956, added subsec. (f). 1954 - Subsec. (d). Act Sept. 3, 1954, struck out "United States" from name of Court of Claims. 1953 - Subsec. (d). Act July 28, 1953, added subsec. (d). 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 1980 AMENDMENT Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as a note under section 251 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 199(a) of Pub. L. 91-358, set out as a note under section 1257 of this title. 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. -End- -CITE- 28 USC Sec. 293 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS -HEAD- Sec. 293. Judges of the Court of International Trade -STATUTE- (a) (!1) The Chief Justice of the United States may designate and assign temporarily any judge of the Court of International Trade to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit in which the need arises. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589, Sec. 3(a), 70 Stat. 532; Pub. L. 85-755, Sec. 4, Aug. 25, 1958, 72 Stat. 848; Pub. L. 95-598, title II, Sec. 205, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96-417, title I, Sec. 102, title V, Sec. 501(8), Oct. 10, 1980, 94 Stat. 1727, 1742; Pub. L. 97-164, title I, Sec. 110(a), (b), Apr. 2, 1982, 96 Stat. 29.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 301 (Mar. 3, 1911, ch. 231, Sec. 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, Sec. 1, 45 Stat. 1475). Section simplifies last sentence of section 301 of title 28, U.S.C., 1940 ed., and is in conformity with other designation and assignment provisions of this chapter. Other provisions of said section 301 of title 28, U.S.C., 1940 ed., are incorporated in sections 211-213, 215, and 296 of this title. This section transfers from the President to the Chief Justice of the United States the authority to designate and assign which is in conformity with sections 201 and 292 of this title. The words "he is willing to undertake" were added to make clear that such service is voluntary. The term "chief judge" was substituted for "presiding judge." (See reviser's note under section 136 of this title.) Changes were made in phraseology. AMENDMENTS 1982 - Pub. L. 97-164, Sec. 110(b), substituted "the Court of International Trade" for "other courts" in section catchline. Subsec. (a). Pub. L. 97-164, Sec. 110(a)(1), (2), redesignated subsec. (b) as (a). Former subsec. (a), which authorized the Chief Justice to designate and assign judges of the Court of Claims or the Court of Customs and Patent Appeals to serve temporarily on the other of these two courts or in a court of appeals or district court of any circuit in times of necessity, was struck out. Subsec. (b). Pub. L. 97-164, Sec. 110(a)(2), (3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95-598, as subsec. (b). Former subsec. (b) redesignated (a). See 1978 Amendment note below. Subsecs. (c), (d). Pub. L. 97-164, Sec. 110(a)(1), struck out subsecs. (c) and (d) which related, respectively, to the authority of the chief judge of the Court of Customs and Patent Appeals to designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Court of International Trade and to the authority of the chief judge of the Court of International Trade to designate and assign temporarily any judge of the Court of International Trade to serve as a judge of the Court of Customs and Patent Appeals or the Court of Claims. Subsec. (e). Pub. L. 97-164, Sec. 110(a)(3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95-598, as subsec. (b). See 1978 Amendment note below. 1980 - Subsec. (b). Pub. L. 96-417, Sec. 102(a), redesignated the Customs Court as the Court of International Trade and authorized performance of judicial functions in a court of appeals. Subsec. (c). Pub. L. 96-417, Sec. 501(8), redesignated the Customs Court as the Court of International Trade. Subsec. (d). Pub. L. 96-417, Sec. 102(b), redesignated the Customs Court as the Court of International Trade and authorized temporary assignments to the Court of Claims of judges of the Court of International Trade upon presentation of a certificate of necessity by the chief judge of the Court of Claims. 1978 - Subsec. (e). Pub. L. 95-598 directed the amendment of this section by adding subsec. (e) relating to temporary assignments of bankruptcy judges, 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 "Judges of other courts" for "Circuit or district judges to court of customs and patent appeals" in section catchline. Subsec. (a). Pub. L. 85-755 added subsec. (a). It incorporates provisions of former sections 291(a), (b) and 292(e) of this title respecting assignment of any judge of the Court of Claims to serve as circuit judge in any circuit, assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court of Appeals or the District Court for the District of Columbia, and assignment of judges of the Court of Claims to district courts, respectively. Subsec. (b). Pub. L. 85-755 designated existing second par. as subsec. (b). Subsecs. (c), (d). Pub. L. 85-755 added subsecs. (c) and (d). 1956 - Act July 14, 1956, authorized the Chief Justice of the United States to designate and assign temporarily a judge of the Customs Court to perform judicial duties in a district court in any circuit. 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 1980 AMENDMENT Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as a note under section 251 of this title. 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. -FOOTNOTE- (!1) So in original. No subsec. (b) has been enacted. -End- -CITE- 28 USC Sec. 294 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS -HEAD- Sec. 294. Assignment of retired Justices or judges to active duty -STATUTE- (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 of 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. -SOURCE- (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.) -MISC1- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This sec

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