§7257 Recall of Retired Judges

Summary

A retired judge can be called back to serve on the Court if, when the judge retired, they gave written notice to the chief judge (or the clerk if the retiring judge was the chief) saying they were willing and available. A "retired judge" means a judge who left under section 7296 or under chapter 83 or 84 of title 5. A "recall-eligible retired judge" means a retired judge who gave that written notice. If section 7296(c)(1)(B) applies to the judge, that notice cannot be taken back. The chief judge may bring back a recall-eligible judge by written certification when the Court needs them. A recall usually cannot be more than 90 days (or the same amount of time) in a calendar year unless the judge agrees. If a judge is asked to return and refuses (except for disability) before they have already done 90 days that year, the chief judge will remove their recall-eligible status, except for judges covered by 7296(c)(1)(A) or (B) who have done at least five years of recalled service. A recalled judge has full judicial powers while serving. Pay rules depend on how the judge retired: those under 7296(c)(1)(B) are paid as that rule says; judges who retired under chapter 83 or 84 or under 7296(c)(1)(A) are paid at the active-judge rate under section 7253(e) minus their annuity. Judges retired under chapter 83 or 84 are treated as reemployed annuitants and retain their rights under title 5.