§292 District judges

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 section 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.) section 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 section 291, 295, and 296 of this title. Other provisions of said section 216 of such title are incorporated in section 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.

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

did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an

of 1982 AmendmentAmendment 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.

of 1980 AmendmentAmendment 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.