§294 Assignment of retired Justices or judges to active duty

Summary

Retired federal judges and retired Supreme Court justices can keep doing judicial work if they want and are officially assigned to do it. A retired Supreme Court Chief Justice or Associate Justice can be picked by the Chief Justice to work in any federal circuit. Judges who retired under sections 371(b) or 372(a) are called senior judges and may keep hearing cases when they are designated and assigned. The chief judge or the judicial council in a circuit can assign a retired circuit or district judge to work in that circuit. Other retired federal judges can be assigned by their court’s chief judge to work in that court. The Chief Justice keeps a list of retired judges who are willing to serve outside their own court. Assignments outside a judge’s court or circuit require a written certificate saying the work is necessary from the local chief judge or circuit justice. No one can be made to serve on the Supreme Court, and no retired judge may hear cases unless officially assigned.