EFFECTIVE DATE OF 1955 AMENDMENT Amendment to this section by act Mar. 2, 1955, effective Mar. 1, 1955, see note under section 31 of Title 2, The Congress.

INCREASE OF SALARIES

Prior to June 25, 1948, salaries of judges of the Customs Court were increased as follows:

The salaries of the presiding judge and associate judges were increased from $10,000 to $15,000 a year by act July 31, 1946, ch. 704, § 1, 60 Stat. 716.

The salaries of the presiding judge and associate judges were increased from $9,000 to $10,000 a year by the Tariff Act of 1930, act June 17, 1930, ch. 497, title IV, § 518, 46 Stat. 737.

CROSS REFERENCES

Payment of salaries by United States marshal, see section 550 of this title.

Retirement of judges, see sections 371 et seq. of this

title.

§ 253. Duties of chief judge; precedence of judges. The chief judge of the Customs Court, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court. The chief judge shall assign or reassign, before trial and under rules of the court, any case for hearing, determination, or both; and promulgate dockets.

The chief judge shall have precedence and preside at any session of the court which he attends. If he is temporarily unable to perform his duties as such, they shall be performed by the judge in active service, who is present, able and qualified to act, and next in precedence.

Judges shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. (June 25, 1948, ch. 646, 62 Stat. 900; Sept. 9, 1959, Pub. L. 86243, § 3, 73 Stat. 474.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 296 (Mar. 3, 1911, ch. 231, § 187 (a), as added Oct. 10, 1940, ch. 843, § 1, 54 Stat. 1101).

This section contains a part of section 296 of title 28, U. S. C., 1940 ed. Other provisions of such section are incorporated in sections 251, 252, 254, 456, 1581, 2071, 2639, and 2640 of this title.

Provision respecting recommendations for appointment, promotions, or otherwise affecting such clerical force, was omitted as unnecessary in view of section 871 of this title.

The second paragraph is partly new and conforms with similar provisions of section 136 (e) of this title, relating to the chief judges of district courts.

The term "chief judge" was substituted for "presiding judge." (See Reviser's Note under section 136 of this title.)

Changes were made in phraseology and arrangement.

AMENDMENTS

1959-Pub. L. 86-243 required the chief judge to supervise the fiscal affairs and clerical force of the court, with the approval of the court.

SAVINGS CLAUSE

Amendment of section by Pub. L. 86-243 not to deprive Customs Court officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86-243, set out as a note under section 871 of this title.

§ 254. Divisions; powers and assignments.

The chief judge of the Customs Court shall divide the judges of such court into three divisions of three judges each, to hear and determine applications for the review of reappraisements of merchandise, protests against decisions of collectors, petitions for re36-500 O-65 vol. 7- -6

mission of additional duties and such other matters within the jurisdiction of the court as the chief judge may assign to them.

The chief judge may designate a judge or a division and necessary clerical assistants to proceed to any port within the jurisdiction of the United States to hear or to hear and determine cases assigned for

The chief judge may sit in any division. He may when necessary assign other judges to any division. hearing at such port.

A majority of the judges of any division may hear and determine all cases and questions pending therein. (June 25, 1948, ch. 646, 62 Stat. 900; May 24, 1949, ch. 139, § 66, 63 Stat. 99.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 296 (Mar. 3, 1911, ch. 231, 187 (a), as added Oct. 10, 1940, ch. 843, § 1. 54 Stat. 1101).

This section contains a part of section 296 of title 28, U. S. C., 1940 ed. Other provisions of such section are incorporated in sections 251, 252, 253, 456, 1581, 2071, 2639, and 2640 of this title.

Words "when in the opinion of such division or judge the ends of justice so require," which followed the phrase "grant a rehearing or retrial," were omitted as surplusage.

The term "chief judge" was substituted for "presiding Judge." (See reviser's note under section 136 of this title.)

The phrase "petitions for remission of additional duties" was added to the first paragraph at the suggestion of the court to conform to existing practice.

Reappraisement appeals are heard by a single judge and reviewed by a division. (See sections 2631 and 2636 of this title.)

The provision of section 296 of title 28, U. S. C., 1940 ed., that the presiding judge shall designate one of the three Judges of a division to preside over such division was omitted as in conflict with section 253 of this title (also taken from section 296 of title 28 U. S. C., 1940 ed.), which provides that judges shall preside according to the seniority of their commissions. The latter provision is in accord with present practice.

Changes were made in arrangement and phraseology.

AMENDMENTS

1949-Act May 24, 1949, inserted in the third par. "to hear or" preceding "to hear and determine".

CROSS REFERENCES

Courts always open, see section 452 of this title.

RULES OF THE UNITED STATES CUSTOMS COURT Assignment of reappraisements, applications for review, and hearings thereon, see Rule 15, Appendix to this title. Divisions, see rule 2.

Protests, reappraisements, and petitions, see rule 13. Remission of additional duties, see rule 25.

§ 255. Publication of decisions.

All decisions of the Customs Court shall be preserved and open to inspection. The court shall forward copies of each decision to the Secretary of the Treasury and the collector 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. (June 25, 1948, ch. 646, 62 Stat. 900.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 1519 of title 19, U. S. C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, § 519, 46 Stat. 739).

Changes in phraseology were made.

RULES OF THE UNITED STATES CUSTOMS COURT Opinions and judgments, see rule 23, Appendix to this

title.

(a) 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.

(b) The Chief Justice of the United States may designate and assign temporarily 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 arises.

(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 court in any district within the circuit. (June 25, 1948, ch. 646, 62 Stat. 900; July 28, 1953, ch. 253, § 2, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 39 (b), 68 Stat. 1240; July 9, 1956, ch. 517, § 1 (a), 70 Stat. 497; Aug. 25, 1958, Pub. L. 85-755, § 2, 72 Stat. 848.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 17, 22 (Mar. 3, 1911, ch. 231, §§ 13, 18, 36 Stat. 1089; Oct. 3, 1913, ch. 18, 38 Stat. 203; Sept. 14, 1922, ch. 306, §§ 3, 5, 42 Stat. 839; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, § 1, 58 Stat. 1094).

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.

Paragraph (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 41 of this title.) Provisions 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 3 of this title.

The 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 section 22 of title 28, 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 d assignments.

The term "chief judge” of the circuit was substituted for "senior circuit judge." (See reviser's note under section 136 of this title.)

References in said sections 17 and 22 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 292, 295 and 296 of this title.

Other provisions of said section 22 of title 28, U. S. C.. 1940 ed., are incorporated in section 296 of this title. Changes were made in phraseology and arrangement.

AMENDMENTS

1958 Subsec. (a). Pub. L. 85-755 deleted provision for assignment of any judge of the Court of Claims to serve as circuit judge in any circuit. Subject matter is now covered by section 293 (a) of this title.

Subsec. (b). Pub. L. 85-755 redesignated former subsec. (c) as subsec. (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. Provisions of former subsec. (b) 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 are now covered by section 293 (a) of this title.

Subsec. (c). Pub. L. 85-755 redesignated former subsec. (d) as subsec. (c). Former subsec. (c) redesignated (b).

1956 Subsec. (a). Act July 9, 1956, inserted the language, "or any judge of the Court of Claims to serve as a circuit judge in any circuit”.

1954 Subsec. (c). Act Sept. 3, 1954, eliminated “United States" from name of Court of Claims.

1953-Subsec. (c). Act July 28, 1953, inserted subsec. (c).

Subsec. (d). Act July 28, 1953, redesignated former subsec. (c) as subsec. (d).

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Amendment of this section by Pub. L. 85-755 as not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals, see note under section 211 of this title.

CROSS REFERENCES

Assignment of circuit judge to serve as judge in District Court of Guam by Chief Justice of the United States, see section 1424b of Title 48, Territories and Insular Possessions.

Assignment of judge to serve temporarily as a judge of the District Court of the Virgin Islands, see section 1614 of Title 48, Territories and Insular Possessions.

§ 292. District judges.

(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 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.

(d) 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 Customs

Court upon presentation to him of a certificate of necessity by the chief judge of the court in which the need arises. (June 25, 1948, ch. 646, 62 Stat. 901; July 28, 1953, ch. 253, § 3, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 39 (c), 68 Stat. 1240; July 9, 1956, ch. 517, § 1 (b), 70 Stat. 497; July 14, 1956, ch. 589, § 2, 70 Stat. 532; Aug. 25, 1958, Pub. L. 85-755, § 3, 72 Stat. 848.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 17, 21 and 216 (Mar. 3, 1911, ch. 231, §§ 13, 17, 120, 36 Stat. 1089, 1132; Sept. 14, 1922, ch. 306, § 3, 42 Stat. 839; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §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." title.)

(See Reviser's Note under section 136 of this

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 Circult. 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 in 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

1958 Subsecs. (a)-(c). Pub. L. 85-755 reenacted subsecs. (a)-(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 former subsec. (f) of this section.

Subsec. (e). Pub. L. 85-755 eliminated subsec. (e) which provided for assignment of judges of the Court of Claims to district courts. Subject matter is now covered by section 293 (a) of this title.

Subsec. (f). Pub. L. 85-755 eliminated subsec. (f) which provided for assignment of district judges to the Customs Court. Subject matter is now covered by 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, eliminated "United States" from name of Court of Claims. 1953-Subsec. (d). Act July 28, 1953, added subsec.

(d).

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Amendment of this section by Pub. L. 85-755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals, see note under section 211 of this title.

LIMITATION OR ALTERATION OF JURISDICTION Amendment of this section by act July 14, 1956, not to be construed as limiting or altering the jurisdiction heretofore conferred upon the Customs Court, see section 4 of act July 14, 1956, set out as a note under section 251 of this title.

CROSS REFERENCES

Assignment of district judge to serve as judge in District Court of Guam by Chief Justice of the United States, see section 1424b of Title 48, Territories and Insular Possessions.

Assignment of judge to serve temporarily as a judge of the District Court of the Virgin Islands, see section 1614 of Title 48, Territories and Insular Possessions.

§ 293. Judges of other courts.

(a) The Chief Justice of the United States may designate and assign temporarily any judge of the Court of Claims or the Court of Customs and Patent Appeals to serve, respectively, as a judge of the Court of Customs and Patent Appeals or the Court of Claims upon presentation of a certificate of necessity by the chief judge of the court wherein the need arises, or 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 wherein the need arises.

(b) The Chief Justice of the United States may designate and assign temporarily any judge of the Customs Court to perform judicial duties in a district court in any circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein 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 Customs Court 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 Customs Court.

(d) The chief judge of the Customs Court may, upon presentation to him by the chief judge of the Court of Customs and Patent Appeals of a certificate of necessity, designate and assign temporarily any judge of the Customs Court to serve as a judge of the Court of Customs and Patent Appeals. (June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589, § 3 (a), 70 Stat. 532; Aug. 25, 1958, Pub. L. 85-755, § 4, 72 Stat. 848.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 301 (Mar. 3, 1911, ch. 231, § 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, § 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

1958-Pub. L. 85-755 substituted "Judges of other courts" for "Circuit or district judges to court of customs and patent appeals" in the 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 as subsec. (b) the former second paragraph.

Subsecs. (c) and (d). Pub. L. 85-755 added subsec. (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.

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Amendment of this section by Pub. L. 85-755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals, see note under section 211 of this title.

LIMITATION OR ALTERATION OF JURISDICTION Amendment of this section by act July 14, 1956, not to be construed as limiting or altering the jurisdiction heretofore conferred upon the Customs Court, see section 4 of act July 14, 1956, set out as a note under section 251 of this title.

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

(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

Any such

known as the roster of senior judges. 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; Aug. 29, 1957, Pub. L. 85-219, 71 Stat. 495; Aug. 25, 1958, Pub. L. 85-755, § 5, 72 Stat. 849.)

LEGISLATIVE HISTORY

Reviser's Note.-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.

AMENDMENTS

1958-Subsec. (a). Pub. L. 85-755 reenacted subsec. (a) without change.

Subsecs. (b)—(d). Pub. L. 85-755 revised and rearranged subject matter to apply the phrase "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, added par. relating to assignment of retired judges of the Court of Claims. JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND

PATENT APPEALS

Amendment of this section by Pub. L. 85-755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals, see note under section 211 of this title.

§ 295. Conditions upon designation and assignment. No designation and assignment of a circuit or district 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.

All designations and assignments of justices and judges shall be filled with the clerks and entered on the minutes of the courts from and to which made.

The Chief Justice of the United States, a circuit justice or a chief judge of a circuit may make new designation and assignments in accordance with the provisions of this chapter and may revoke those previously made by him. (June 25, 1948, ch. 646, 62 Stat. 901; Sept. 3, 1954, ch. 1263, § 39 (d), 68 Stat. 1240; July 14, 1956, ch. 589, § 3 (b), 70 Stat. 532; Aug. 25, 1958, Pub. L. 85-755, § 6, 72 Stat. 850.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 17, 20 (Mar. 3, 1911, ch. 231, §§ 13, 16, 36 Stat. 1089; Sept. 14, 1922, ch. 306, § 3, 42 Stat. 839; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §§ 1, 4, 56 Stat. 1094, 1095).

This section consolidates and simplifies provisions of sections 17 and 20 of title 28, U. S. C., 1940 ed., relating to conditions upon designation and assignment as well as those applicable to filing, revoking and making new designations.

Other provisions of section 17 of title 28, U. S. C., 1940 ed., are incorporated in sections 291, 292, and 296 of this title.

The reference in said section 20 to senior Associate Judge was omitted. (See Reviser's Note under section 291 of this title.)

The terms "chief judge" and "chief judge of a circuit" were substituted for "senior circuit judge". (See Reviser's Note under section 136 of this title.)

The alternative provision for approval by the judicial council of the circuit was inserted to conform with section 332 of this title.

Changes were made in phraseology.

AMENDMENTS

1958 Pub. L. 85-755 substituted "of any other court of the United States" for "of the Customs Court" in first par. 1956 Act July 14, 1956, provided that no designation and assignment of a judge of the Customs Court in active service shall be made without the consent of the chief judge of the court.

1954 Act Sept. 3, 1954, made it clear that the section applies only to the assignment of circuit and district judges in active service.

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND

PATENT APPEALS

Amendment of this section by Pub. L. 85-755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals, see note under section 211 of this title.

LIMITATION OR ALTERATION OF JURISDICTION Amendment of this section by act July 14, 1956, not to be construed as limiting or altering the jurisdiction heretofore conferred upon the Customs Court, see section 4 of act July 14, 1956, set out as a note under section 251 of this title.

§296. Powers upon designation and assignment.

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.

A justice or judge who has sat by designation and assignment in another district or circuit may, not

withstanding 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. (June 25, 1948, ch. 646, 62 Stat. 901.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 17, 18, 22, 23, 301 (Mar. 3, 1911, ch. 231, §§ 13, 14, 18, 19, 188, 36 Stat. 1089, 1143; Oct. 3, 1913, ch. 18, 38 Stat. 203; Feb. 25, 1919, ch. 29, §§ 2, 5, 40 Stat. 1156, 1157; Sept. 14, 1922, ch. 306, §§ 3, 4, 5, 42 Stat. 839; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, § 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §§ 1, 2, 5, 6, 56 Stat. 1094, 1095).

Section simplifies provisions of sections 17, 18, paragraphs (b) and (c) of section 22, and sections 23 and 301 of title 28, U. S. C., 1940 ed., relating to powers and duties of designated judges.

Other provisions of said sections 17 and 22 of title 28, U. S. C., 1940 ed., are incorporated in sections 291, 292, and 295 of this title.

Other provisions of said section 301 of title 28, U. S. C., 1940 ed., are incorporated in sections 211-213, 215, and 293 of this title.

Section is made applicable to retired justices of the Supreme Court by inclusion of reference to "justice," on the theory that a justice should have the same powers and duties and be subject to the same limitations as designated and assigned circuit and district judges.

The second sentence of the revised section was substituted for the provision of section 18 of title 28, U. S. C., 1940 ed., which subjected circuit judges to the same assignments of duty as the circuit judges of the circuit to which they are designated and assigned. The revised section extends this requirement and makes it applicable to all designated and assigned judges.

The provision in the last paragraph of said section 22 that the action of the assigned judge in writing filled with the clerk of court where the trial or hearing was held shall be valid as if such action had been taken by him within the district and within the period of his designation, was omitted as surplusage. See section 295 of this title.

333. Judicial conferences of circuits.

334.

Institutes and joint councils on sentencing.
AMENDMENTS

1958-Pub. L. 85-752, § 2, Aug. 25, 1958, 72 Stat. 845, amended analysis by adding item 334.

§ 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, and a district judge from each judicial circuit 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