PRIA, Government Policy, Made Personal

Summary

The Court of Appeals for Veterans Claims must have an official seal that courts will accept. The Court can hear cases with a single judge or in panels, and any panel must include at least three judges. The Court will make the rules for how judges are put on panels and how each panel’s chief judge is picked. More than half the judges is needed for the Court to do business, and more than half of a panel is needed for that panel. If a seat is empty, the Court or panel can still act. The chief judge leads when present. Other judges lead by who got their commission first, and if those dates are the same, by age. Judges can administer oaths.

Title 38, §7254

Veterans' Benefits, Source: USLM XML via OLRC

(a)The Court of Appeals for Veterans Claims shall have a seal which shall be judicially noticed.

(b)The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court. Any such panel shall have not less than three judges. The Court shall establish procedures for the assignment of the judges of the Court to such panels and for the designation of the chief of each such panel.

(c)(1)A majority of the judges of the Court shall constitute a quorum for the transaction of the business of the Court. A vacancy in the Court shall not impair the powers or affect the duties of the Court or of the remaining judges of the Court.

(2)A majority of the judges of a panel of the Court shall constitute a quorum for the transaction of the business of the panel. A vacancy in a panel of the Court shall not impair the powers or affect the duties of the panel or of the remaining judges of the panel.

(d)Precedence of Judges.—

The chief judge of the Court shall have precedence and preside at any session that the chief judge attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.

(e)Judges of the Court shall have the authority to administer oaths.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1999—Subsec. (d). Pub. L. 106–117 inserted heading and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “In the event of a vacancy in the position of chief judge of the Court, the associate judge senior in service on the Court shall serve as acting chief judge unless the President designates one of the other associate judges to serve as acting chief judge, in which case the judge so designated shall serve as acting chief judge.” 1998—Subsec. (a). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”. 1991—Pub. L. 102–40 renumbered section 4054 of this title as this section. Subsecs. (d), (e). Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40, and Pub. L. 102–82 amended section, identically, by redesignating the second subsec. (d), relating to authority to administer oaths as, (e). 1989—Subsec. (d). Pub. L. 101–237 added subsec. (d) relating to authority to administer oaths. Pub. L. 101–94 added subsec. (d) relating to acting chief judge in event of vacancy.

Statutory Notes and Related Subsidiaries

Effective Date

of 1999 AmendmentAmendment by Pub. L. 106–117 effective Nov. 30, 1999, with

Savings Provision

for incumbent chief judge, see section 1036 of Pub. L. 106–117, set out as a note under section 7253 of this title.

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.

§7254 Organization

Summary

Title 38, §7254

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Savings Provision

Effective Date

Citations & Metadata