United States Code

Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97-92, set out as a note under section 5318 of Title 5.

Salaries of judges increased to $67,100 effective on the first day of the first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to Pub. L. 96-369 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1980, which was $57,497.50.

Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, as amended, set out as a note under section 5318 of Title 5.

Salaries of judges increased to $61,500 effective on the first day of the first applicable pay period beginning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, set out as a note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96-86 funds appropriated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or office in effect on Sept. 30, 1978, which was $57,497.50.

Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a note under section 5318 of Title 5. Salaries of judges increased to $57,500 effective on the first day of the first pay period beginning on or after Oct. 1, 1978, by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, set out as a note under section 5332 of Title 5. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979 [Pub. L. 95-391, title III, § 304, Sept. 30, 1978, 92 Stat. 788, set out as a note under section 5318 of Title 5], funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $54,500.

§ 253. Duties of chief judge; precedence of judges

(a) The chief judge of the Court of International Trade, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court;

[See main edition for text of (b) to (e)] (As amended Oct. 10, 1980, Pub. L. 96-417, title V, § 501(3), 94 Stat. 1742.)

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective on 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 an Effective Date of 1980 Amendment note under section 251 of this title.

§ 254. Single-judge trials

Except as otherwise provided in section 255 of this title, the judicial power of the Court of In

ternational Trade with respect to any action, suit or proceeding shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.

(As amended Oct. 10, 1980, Pub. L. 96-417, title V, § 501(4), 94 Stat. 1742.)

AMENDMENTS

1980-Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade.

EFFECTIVE DATE OF 1980 AMENDMENT

§ 255. Three-judge trials

(a) Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Court of International Trade shall designate any three judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of the customs laws.

[See main edition for text of (b)]

(As amended Pub. L. 96-417, title V, § 501(5), Oct. 10, 1980, 94 Stat. 1742.)

AMENDMENTS 1980-Subsec. (a). Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade.

EFFECTIVE DATE OF 1980 AMENDMENT

§ 257. Publication of decisions

All decisions of the Court of International Trade shall be preserved and open to inspection. The court shall forward copies of each decision to the Secretary of the Treasury or his designee and to the appropriate customs officer for the district in which the case arose. The Secretary shall publish weekly such decisions as he or the court may designate and abstracts of all other decisions.

(As amended Oct. 10, 1980, Pub. L. 96-417, title V, § 501(6), 94 Stat. 1742.)

AMENDMENTS

1980-Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective on 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 an Effective Date

of 1980 Amendment note under section 251 of this title.

CHAPTER 13-ASSIGNMENT OF JUDGES TO OTHER COURTS

§ 291. Circuit judges

[See main edition for text of (a) and (b)]

(c) The chief judge of a circuit or the circuit justice may, in the public interest, designate and assign temporarily any circuit judge within the circuit, including a judge designated and assigned to temporary duty therein, to hold a district or bankruptcy court in any district within the circuit.

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 202, 92 Stat 2660.)

AMENDMENTS

1978-Subsec. (c). Pub. L. 95-598 substituted "to hold a district or bankruptcy court" for "to hold a district court".

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

§ 292. District judges

[See main edition for text of (a)]

(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 or a bankruptcy court in any district within the circuit.

[See main edition for text of (c)]

(d) The Chief Justice of the United States may designate and assign temporarily a district judge of one circuit for service in another circuit, in a bankruptcy court, 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 Claims, the Court of Customs and Patent Appeals or the Court of International Trade upon presentation to him of a certificate of necessity by the chief judge of the court in which the need arises.

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, §§ 203, 204, 92 Stat. 2660; Oct. 10, 1980, Pub. L. 96-417, title V, § 501(7), 94 Stat. 1742.)

AMENDMENTS

1980-Subsec. (e). Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade. 1978-Subsec. (b). Pub. L. 95-598, § 203, substituted "to hold a district court or a bankruptcy court" for "to hold a district court".

Subsec. (d). Pub. L. 95-598, § 204, substituted "in a bankruptcy court, district court, or court of appeals" for "either in a district court or court of appeals".

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective on Nov. 1, 1980 and applicable with respect to civil actions pend

ing on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

§ 293. Judges of other courts

[See main edition for text of (a)]

(b) 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.

(c) The chief judge of the Court of Customs and Patent Appeals may, upon presentation to him by the chief judge of the Court of International Trade of a certificate of necessity, 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. (d) The chief judge of the Court of International Trade may, upon presentation to him of a certificate of necessity by the chief judge of the Court of Customs and Patent Appeals or the chief judge of the Court of Claims, 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.

(e)(1) The Chief Justice of the United States may designate and assign temporarily a bankruptcy judge of one circuit for service in a bankruptcy court in another circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises.

(2) The chief judge of a circuit may, in the public interest, designate and assign temporarily a bankruptcy judge of the circuit to hold a bankruptcy court in any district within the circuit.

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 205, 92 Stat. 2660; Oct. 10, 1980, Pub. L. 96-417, title I, § 102, title V, § 501(8), 94 Stat. 1727, 1742.)

AMENDMENTS

1980-Subsec. (b). Pub. L. 96-417, § 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, § 501(8), redesignated the Customs Court as the Court of International Trade.

Subsec. (d). Pub. L. 96-417, § 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 added subsec. (e).

EFFECTIVE DATE OF 1980 AMENDMENT

EFFECTIVE Date of 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 160 of this title.

§ 294. Assignment of retired Justices or judges to active duty

[See main edition for text of (a) and (b)] (c) Any retired circuit district or bankruptcy judge 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, district judge or bankruptcy 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, district judge or bankruptcy 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.

[See main edition for text of (e)]

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 206, 92 Stat. 2660.)

AMENDMENTS

1978-Subsec. (c). Pub. L. 95-598, § 206(1), added reference to retired bankruptcy judges.

Subsec. (d). Pub. L. 95-598, § 206(2), added reference to retired bankruptcy judges.

'So in original. Probably should read "circuit, district, or bankruptcy judge".

'So in original. Probably should read "circuit, district, or bankruptcy judge.".

EFFECTIVE Date of 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Apr. 1, 1984, see section 402(b) of Pub. L. 95-598, set out as an Ef fective Date note preceding section 101 of Title 11, Bankruptcy.

§ 295. Conditions upon designation and assignment

No designation and assignment of a circuit 3 district, or bankruptcy 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.

[See main edition for text of 2d and 3d
unnumbered pars.]

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 207, 92 Stat. 2660.)

§ 331. Judicial Conference of the United States

The Chief Justice of the United States shall summon annually the chief judge of each judicial circuit, the chief judge of the Court of Claims, the chief judge of the Court of Customs and Patent Appeals, a district judge from each judicial circuit, and two bankruptcy judges to a conference at such time and place in the United States as he may designate. He shall preside at such conference which shall be known as the Judicial Conference of the United States. Special sessions of the conference may be called by the Chief Justice at such times and places as he may designate.

The district judge to be summoned from each judicial circuit shall be chosen by the circuit and district judges of the circuit at the annual judicial conference of the circuit held pursuant to section 333 of this title and shall serve as a member of the conference for three successive years, except that in the year following the enactment of this amended section the circuit and district judges in the first, fourth, seventh, and tenth circuits shall choose a district judge to serve for one year, the circuit and district judges in the second, fifth, and eighth circuits shall choose a district judge to serve for two

'So in original. Probably should be followed by a comma.

years and the circuit and district judges in the third, sixth, ninth, and District of Columbia circuits shall choose a district judge to serve for three years. The bankruptcy judges to be summoned shall be chosen at large by all the bankruptcy judges. Each bankruptcy judge chosen shall serve as a member of the conference for three successive years, except that in the year following the effective date of this sentence the bankruptcy judges shall choose one bankruptcy judge to serve for two years.

If the chief judge of any circuit or the district judge chosen by the judges of the circuit or a bankruptcy judge chosen by the bankruptcy judges is unable to attend, the Chief Justice may summon any other circuit or district judge from such circuit or any other bankruptcy judge. If the chief judge of the Court of Claims, or the chief judge of the Court of Customs and Patent Appeals is unable to attend, the Chief Justice may summon an associate judge of such court. Every judge summoned shall attend and, unless excused by the Chief Justice, shall remain throughout the sessions of the conference and advise as to the needs of his circuit or court and as to any matters in respect of which the administration of justice in the courts of the United States may be improved.

The Conference shall make a comprehensive survey of the condition of business in the courts of the United States and prepare plans for assignment of judges to or from circuits or districts where necessary. It shall also submit suggestions and recommendations to the various courts to promote uniformity of management procedures and the expeditious conduct of court business. The Conference is authorized to exercise the authority provided in section 372(c) of this title as the Conference, or through a standing committee. If the Conference elects to establish a standing committee, it shall be appointed by the Chief Justice and all petitions for review shall be reviewed by that committee. The Conference or the standing committee may hold hearings, take sworn testimony, issue subpoenas and subpoenas duces tecum, and make necessary and appropriate orders in the exercise of its authority. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the Supreme Court or by the clerk of any court of appeals, at the direction of the Chief Justice or his designee and under the seal of the court, and shall be served in the manner provided in rule 45(c) of the Federal Rules of Civil Procedure for subpoenas and subpoenas duces tecum issued on behalf of the United States or an officer or any agency thereof. The Conference may also prescribe and modify rules for the exercise of the authority provided in section 372(c) of this title. All judicial officers and employees of the United States shall promptly carry into effect all orders of the Judicial Conference or the standing committee established pursuant to this section.

[See main edition for text of 5th to 7th unnumbered pars.]

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 208, 92 Stat. 2660; Oct. 15, 1980, Pub. L. 96-458, § 4, 94 Stat. 2040.)

REFERENCES IN TEXT

Rule 45(c) of the Federal Rules of Civil Procedure, referred to in the fourth paragraph, is set out in the Appendix to this title.

AMENDMENTS

1980-Pub. L. 96-458, in fourth undesignated paragraph, substituted "It shall also submit suggestions and recommendations to the various courts to promote uniformity of management procedures and the expeditious conduct of court business." for "and shall submit suggestions to the various courts, in the interest of uniformity and expedition of business.", and added provisions relating to exercise of authority under section 372(c) as the Conference or through standing committee, the holding of hearings, taking of testimony, and the issuance of subpoenas pursuant to rule 45(c) of the Federal Rules of Civil Procedure. 1978-Pub. L. 95-598 added provisions relating to bankruptcy judges.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 7 of Pub. L. 96-458 provided that: "This Act [amending sections 331, 332, 372, and 604 of this title, and enacting provisions set out as notes under sections 1 and 331 of this title] shall become effective on October 1, 1981".

AUTHORIZATION OF APPROPRIATIONS

Section 6 of Pub. L. 96-458 provided that: "There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [amending sections 331, 332, 372, and 604 of this title, and enacting provisions set out as notes under sections 1 and 331 of this title]."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 372 of this title. § 332. Judicial councils of circuits

(a)(1) The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he may designate, a meeting of the judicial council of the circuit, consisting of

(A) the chief judge of the circuit, who shall preside;

(B) that number of circuit judges fixed by majority vote of all such judges in regular active service; and

(C) that number of district judges of the circuit fixed by majority vote of all circuit judges in regular active service, except that

(i) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is less than six, the number of district judges fixed in accordance with this subparagraph shall be no less than two; and (ii) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is six or more, the number of district judges fixed in accordance with this subparagraph shall be no less than three. (2) Members of the council shall serve for terms established by a majority vote of all judges of the circuit in regular active service.

(3) The number of circuit and district judges fixed in accordance with paragraphs (1)(B) and (1)(C) of this subsection shall be set by order of the court of appeals for the circuit no less than six months prior to a scheduled meeting of the council so constituted.

(4) Only circuit and district judges in regular active service shall serve as members of the council.

(5) No more than one district judge from any one district shall serve simultaneously on the council, unless at least one district judge from each district within the circuit is already serving as a member of the council.

(6) In the event of the death, resignation, retirement, or disability of a member of the council, a replacement member shall be designated to serve the remainder of the unexpired term by the chief judge of the circuit.

(7) Each member of the council shall attend each council meeting unless excused by the chief judge of the circuit.

[See main edition for text of (b)]

(c) The chief judge shall submit to the council the semi-annually reports of the Director of the Administrative Office of the United States Courts. The council shall take such action thereon as may be necessary.

(d)(1) Each judicial council shall make all necessary and appropriate orders for the effective and expeditious administration of justice within its circuit. Each council is authorized to hold hearings, to take sworn testimony, and to issue subpoenas and subpoenas duces tecum. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the court of appeals, at the direction of the chief judge of the circuit or his designee and under the seal of the court, and shall be served in the manner provided in rule 45(c) of the Federal Rules of Civil Procedure for subpoenas and subpoenas duces tecum issued on behalf of the United States or an officer or agency thereof.

(2) All judicial officers and employees of the circuit shall promptly carry into effect all orders of the judicial council.

(3) Unless an impediment to the administration of justice is involved, regular business of the courts need not be referred to the council.

[See main edition for text of (e) and (S]

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 209, 92 Stat. 2661; Oct. 15, 1980, Pub. L. 96-458, § 2(a)–(d)(1), 94 Stat. 2035, 2036.)

REFERENCES IN TEXT

Rule 45(c) of the Federal Rules of Civil Procedure, referred to in subsec. (d)(1), is set out in the Appendix to this title.

AMENDMENTS

1980-Pub. L. 96-458, § 2(d)(1), substituted in the catchline "Judicial councils of circuits" for "Judicial councils".

Subsec. (a). Pub. L. 96-458, § 2(a), in par. (1) designated existing provisions as the introductory provision and in such introductory provision substituted "each judicial circuit" for "each circuit", substituted "a

'So in original. Probably should be "semi-annual".

meeting of the judicial council of the circuit, consisting of-" for "a council of the circuit judges for the circuit, in regular active service, at which he shall preside. Each circuit judge, unless excused by the chief judge, shall attend all sessions of the council.", and added subpars. (A) to (C) and pars. (2) to (7).

Subsec. (c). Pub. L. 96-458, § 2(b), substituted "semiannually" for "quarterly".

Subsec. (d). Pub. L. 96-458, § 2(c), in par. (1) added "and appropriate" following "all necessary", substituted "justice within its circuit" for "the business of the courts within its circuit", struck out "The district judges shall promptly carry into effect all orders of the judicial council." following "within its circuit.", added provisions relating to the holding of hearings, taking of testimony, the issuance of subpoenas and service thereof under the Federal Rules of Civil Procedure, and added pars. (2) and (3).

1978-Subsec. (d). Pub. L. 95-598 which provided for inserting "and bankruptcy judges" following "The district judges" could not be executed in view of the general amendment of subsec. (d) by Pub. L. 96-458 prior to the effective date of the amendment by Pub. L. 95-598.

EFFECTIVE Date of 1980 AMENDMENT

Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7 of Pub. L. 96-458, set out as an Effective Date of 1980 Amendment note under section 331 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Apr. 1, 1984, see section 402(b) of Pub. D. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 372 of this title.

§ 333. Judicial conferences of circuits

The chief judge of each circuit shall summon annually the circuit, district, and bankruptcy judges of the circuit, in active service, to a conference at a time and place that he designates, for the purpose of considering the business of the courts and advising means of improving the administration of justice within such circuit. He shall preside at such conference, which shall be known as the Judicial Conference of the circuit. The judges of the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands shall also be summoned annually to the conferences of their respective circuits.

[See main edition for text of 2d and 3d
unnumbered pars.]

(As amended Nov. 6, 1978, Pub. L. 95–598, title II, § 210, 92 Stat. 2661.)

AMENDMENTS

1978-Pub. L. 95-598 added reference to bankruptcy judges.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

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United States Code, Volume 4