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Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§49 Assignment of judges to division to appoint independent counsels

Title 28 › Part PART I— - ORGANIZATION OF COURTS › Chapter CHAPTER 3— - COURTS OF APPEALS › § 49

Last updated Apr 6, 2026|Official source

Summary

Beginning on the law’s enactment date, three judges or justices must be named every two years to a special three-member division of the D.C. Court of Appeals. The court’s Clerk will act as the division’s clerk and give it needed support. Being on this division usually does not stop a judge from doing other judicial work. Senior circuit judges and retired justices get priority. The Chief Justice picks the three members, one must be a D.C. Circuit judge, and no more than one member may come from any single court. If a spot opens, it is filled only for the rest of that two-year term in the same way. Any division member who took part in work about a particular independent counsel cannot hear or take part in any court case that involves that same independent counsel while the counsel is serving, or in cases that involve the counsel’s official acts even after the counsel leaves office.

Full Legal Text

Title 28, §49

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.
(b)Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.
(c)In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices.
(d)The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court.
(e)Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.
(f)Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsel’s official duties, regardless of whether such independent counsel is still serving in that office.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978.

Amendments

1987—Subsec. (a). Pub. L. 100–191, § 4, inserted at end: “The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.” Subsec. (f). Pub. L. 100–191, § 5(a), substituted “involving an independent counsel” for “involving a independent counsel”. 1986—Subsec. (f). Pub. L. 99–554 substituted “chapter 40” for “chapter 39” in two places. 1983—Pub. L. 97–409, § 2(b)(1)(B), substituted “independent counsels” for “special prosecutors” in section catchline. Subsec. (a). Pub. L. 97–409, § 2(b)(1)(B), substituted “independent counsels” for “special prosecutors”. Subsec. (f). Pub. L. 97–409, § 2(b)(1)(A), (C), substituted “independent counsel” for “special prosecutor” wherever appearing and “independent counsel’s” for “special prosecutor’s”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.

Effective Date

Section effective Oct. 26, 1978, see section 604 of Pub. L. 95–521, set out as a note under section 591 of this title.

Reference

Citations & Metadata

Citation

28 U.S.C. § 49

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73