§294 Assignment of Retired Justices or Judges to Active Duty

Summary

Retired Supreme Court Justices and other retired federal judges can be picked to keep doing judge work if they want and can. The Chief Justice may assign retired Supreme Court Justices to serve in any federal circuit, including as a circuit justice. Judges who retired under sections 371(b) or 372(a) are called senior judges and may keep handling cases when they are officially named and assigned. The chief judge or the circuit’s judicial council can assign retired circuit or district judges to work inside that circuit. The chief judge of a court can assign other retired judges to work in that court. The Chief Justice keeps a list called the roster of senior judges of those willing to help in other circuits or courts. Assignments outside a judge’s usual court need a written certificate that the court needs help from the court’s chief judge or circuit justice. No retired judge may do judicial work unless they are officially designated and assigned. No assignment can be made to the Supreme Court.