§294 Assignment of Retired Justices or Judges to Active Duty

Summary

Retired Supreme Court justices can be asked by the Chief Justice to do judicial work in any federal circuit if they agree. Federal judges who left regular active service under sections 371(b) or 372(a) are called "senior judges." They may keep hearing cases if they are officially chosen and assigned. Chief judges or a circuit's judicial council can assign retired circuit or district judges to work inside 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 roster called the roster of senior judges for retired judges willing to serve outside their home court or circuit. Assignments to a court of appeals or a district court need a certificate of necessity from the circuit’s chief judge or circuit justice; other courts need a certificate from that court’s chief judge. No retired judge may act as a judge unless officially designated, and none may be assigned to the Supreme Court.