U.S. Code » Title 28 » Part PART I— ORGANIZATION OF COURTS › Chapter CHAPTER 13— ASSIGNMENT OF JUDGES TO OTHER COURTS

28 U.S.C. § 294

Assignment of retired Justices or judges to active duty

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

Based on title 28, U.S.C., 1940 ed., §§ 375, 375a, and 375f (Mar. 3, 1911, ch. 231, § 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, § 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, § 5, as added May 11, 1944, ch. 192, §§ 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.

Editorial NotesAmendments

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.

Statutory Notes and Related SubsidiariesJurisdiction 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.

Notes of Decisions
Cited in 109 cases (14 in the last 5 years), 1949–2026 · leading case: Glidden Co. v. Zdanok, 370 U.S. 530 (1962).
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Glidden Co. v. Zdanok, 370 U.S. 530 (1962). · cites it 2× “" [3] 28 U. S. C. § 294 (d) authorizes assignment of a retired judge from either court to "perform such judicial duties as he is willing and able to undertake" in any circuit.”
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). “§ 46 (c) and 28 U.S.C. § 294 (c). 1 18-163-cr United States v.”
Soule Ex Rel. Stanescu v. Connecticut Ass'n of Schs., Inc., 90 F.4th 34 (2d Cir. 2023). “§ 46 (c)(1) and 28 U.S.C. § 294 (c). 2 JJ., joined as to Part II, and LOHIER and ROBINSON, JJ.”
United States v. Weaver, 9 F.4th 129 (2d Cir. 2021). “§ 46 (c) and 28 U.S.C. § 294 (c). 2 This case presents what is, in some respects, a familiar question: whether a police officer’s pat-down search of a suspect for weapons was reasonable under the Fourth Amendment.”
Stabilisierungsfonds Fur Wein v. Kaiser Stuhl Wine Distributors Pty. Ltd., 647 F.2d 200 (D.C. Cir. 1981). “* Sitting by designation pursuant to 28 U.S.C. § 294 (d). 1 . A “certification mark” is “a mark used upon or in connection with the'products or services of one or more persons other than the owner of the mark to certify regional or other origin, material, mode of manufacture,…”
United States v. Am.-Foreign S.S. Corp., 363 U.S. 685 (1960). · cites it 2× “28 U. S. C. §§ 294 , 295, 296. [4] Moreover, there is not involved here any issue as to the procedure to be followed by a Court of Appeals in determining whether a hearing or rehearing en banc is to be ordered.”
Expeditions Unlimited Aquatic Enter., Inc., a Corp., Norman Scott v. Smithsonian Inst., 566 F.2d 289 (D.C. Cir. 1977). “Sitting by designation pursuant to 28 U.S.C. § 294 (d). . App. at 6-8. . 28 U.”
Physicians Healthsource, Inc. v. A-S Medication Solutions LLC, 324 F. Supp. 3d 973 (E.D. Ill. 2018). “On October 16, 2017, the case was reassigned to the undersigned judge pursuant to 28 U.S.C. § 294 (b). Discussion As indicated earlier, it is unlawful to send an unsolicited advertisement via fax.”
Wrenn v. Dist. of Columbia, 808 F.3d 81 (D.C. Cir. 2015). · cites it 3× “” 28 U.S.C. § 294 (c)-(d). See also 28 U.S.”
Harvey v. Brewer, 605 F.3d 1067 (9th Cir. 2010). “Requiring felons to satisfy the terms of their sentences before restoring their voting rights is rationally related to a legitimate state interest, and does not violate any of the various constitutional provisions plaintiffs rely upon.”
Maria Gonzalez v. State of Arizona, 624 F.3d 1162 (9th Cir. 2010). “), sitting by designation pursuant to 28 U.S.C. § 294 (a). 17628 GONZALEZ v. ARIZONA COUNSEL Nina Perales, Mexican American Legal Defense and Educa- tion Fund, San Antonio, Texas, for Plaintiffs/Appellants Jesus M.”
G. H. Miller & Co. v. United States of Am. & Ezra Taft Benson, Sec'y of Agric. of the United States, 260 F.2d 286 (7th Cir. 1958). · cites it 2× “They are 28 U.S.C.A. §§ 294 and 296, which in their present form were enacted on June 25, 1948, 62 Stat.”
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— 28 U.S.C. § 294(b) — 1 case
Dep't of Human Resources v. Howard, 918 A.2d 441 (Md. 2007).
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