A justice or judge shall discharge, during the period of his designation and assignment, all judicial duties for which he is designated and assigned. He may be required to perform any duty which might be required of a judge of the court or district or circuit to which he is designated and assigned.
Such justice or judge shall have all the powers of a judge of the court, circuit or district to which he is designated and assigned, except the power to appoint any person to a statutory position or to designate permanently a depository of funds or a newspaper for publication of legal notices. However, a district judge who has retired from regular active service under section 371(b) of this title, when designated and assigned to the court to which such judge was appointed, having performed in the preceding calendar year an amount of work equal to or greater than the amount of work an average judge in active service on that court would perform in 6 months, and having elected to exercise such powers, shall have the powers of a judge of that court to participate in appointment of court officers and magistrate judges, rulemaking, governance, and administrative matters.
A justice or judge who has sat by designation and assignment in another district or circuit may, notwithstanding his absence from such district or circuit or the expiration of the period of his designation and assignment, decide or join in the decision and final disposition of all matters submitted to him during such period and in the consideration and disposition of applications for rehearing or further proceedings in such matters.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1949–2023 · leading case:
Comer v. Murphy Oil USA, 607 F.3d 1049 (5th Cir. 2010).
Comer v. Murphy Oil USA, 607 F.3d 1049 (5th Cir. 2010).
· cites it 4× “28 U.S.C. § 296 (emphasis added). Moreover, that "judge shall discharge, during the period of his designation and assignment, all judicial duties for which he is designated and assigned" and "[h]e may be required to perform any duty which might be required of a judge of the .”
United States v. Paul K. Strother, 578 F.2d 397 (D.C. Cir. 1978).
“§ 636 ; and see 28 U.S.C. § 296 . It is obvious that when Congress took the step of creating federal magistrates it was careful to define, in both statute and rule (see pp.”
John Leary v. United States, 268 F.2d 623 (9th Cir. 1959).
· cites it 3× “§ 292 (c) ; 3 (c) the Chief Justice’s designation 4 to sit in California; (d) the statute defining his powers and duties on such assignment, 28 U.S.C. § 296 ; 5 (e) *626 the assignment of the case to him by the Chief Judge of the District Court in California; and (f) whether or…”
United States v. Brooks, 176 F.2d 482 (4th Cir. 1949).
“28 U.S.C.A. § 296 . Ño. 5759, James M. Brooks, Adm’r of Arthur L.”
United States v. Thomas L. Hudspeth, 42 F.3d 1013 (7th Cir. 1994).
“There is, no doubt, a close analogy between the issue in this case and the issue addressed in 28 U.S.C. § 296 , which authorizes a judge who has been designated to sit in a particular court for a specified period but whose period of designation has expired to decide matters…”
Jones v. Walmart (10th Cir. 2023).
“28 U.S.C. § 296 . Further, before Judge Johnson issued the dismissal order, the Northern District of Oklahoma had reassigned Mr.”
Clark v. Gilbert (E.D. Wis. 2019).
“Nor was it “unfinished business heard during [the designation] period,” Easterbrook Designation, or a “further proceeding” in Clark’s criminal case, see 28 U.S.C. § 296 , which ended with “the judgment of sentence entered upon … a verdict of guilty.”
United States v. Zamorano-Ponce, 817 F. Supp. 2d 1108 (D. Ariz. 2011).
“” 28 U.S.C. § 296 . 2 . I need not consider Zamorano-Ponce's red herring about the generic definition of "sexual abuse of a minor,” because that is not the enumerated "crime of violence” relied upon by either the probation officer or the prosecution.”
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