Title 28, Judiciary and Judicial ProcedureRelease 119-102
§374 Residence of Retired Judges; Official Station
Title 28 › PART I — ORGANIZATION OF COURTS › CHAPTER 17 — RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES › § 374
Summary
Allows retired federal judges to live wherever they choose. Their usual home counts as their official station for section 456. A judge or magistrate judge recalled under sections 155, 375, 636, or 797 also has their usual home count as their official station for section 604(a)(7).
Full Legal Text
Title 28, §374
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
Retired judges of the United States are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which he customarily lives shall be deemed to be his official station for the purposes of section 456 of this title. The place where a judge or magistrate judge recalled under section 155, 375, 636, or 797 of this title maintains the actual abode in which the judge or magistrate judge customarily lives shall be deemed to be the official station of such judge or magistrate judge for purposes of section 604(a)(7) of this title.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 402 (Feb. 11, 1938, ch. 23, 52 Stat. 28). section 44 and 133 of this title require that active circuit and district judges shall reside in the circuit or district to which appointed. Changes were made in phraseology.
Editorial Notes
Amendments
1986—Pub. L. 99–651 inserted last sentence. 1959—Pub. L. 86–312 inserted sentence to provide that place where retired judge maintains actual abode shall be deemed to be his official station and inserted “; official station” in section catchline.
Statutory Notes and Related Subsidiaries
Change of Name
Words “magistrate judge” substituted for “magistrate” wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
Effective Date
of 1986 AmendmentAmendment by Pub. L. 99–651 effective Jan. 1, 1987, see section 203 of Pub. L. 99–651, set out as a note under section 155 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 374
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102