Based on title 28, U.S.C., 1940 ed., §§ 375span, 375c, and 375d (Aug. 5, 1939, ch. 433, §§ 1–3, 53 Stat. 1204, 1205).

This section consolidates sections 375span, 375c, and 375d of title 28, U.S.C., 1940 ed.

Section 375e of title 28, U.S.C., 1940 ed. providing that term “senior circuit judge” includes the Chief Justice of the United States Court of Appeals for the District of Columbia, and the term “judicial circuit” includes the District of Columbia, was omitted from this revision as unnecessary. Such district is included as a judicial circuit by section 41 of this title.

Words “justice or judge of the United States” were used to describe members of all courts who hold office during good behavior. (See reviser’s note under section 371 of this title.)

Term “chief judge” was substituted for “Chief Justice” of the Court of Claims, “presiding judge” of the Court of Customs and Patent Appeals and “senior circuit judge.” (See Reviser’s Note under section 136 of this title.)

For clarity and convenience the requirement that certificates of disability be submitted “to the President,” was made explicit.

The revised section requires a judge of the Customs Court to furnish a certificate of disability signed by the chief judge of his court, instead of by the chief judge of the Court of Customs and Patent Appeals as in said section 375c of title 28, U.S.C., 1940 ed. This change insures signing of the certificate of disability by the chief judge possessing knowledge of the facts.

Changes were made in phraseology and arrangement.

Subsection (a) of this section amends section 372 of title 28, U.S.C., to express the requirement that appointment of successors to justices or judges must be made with confirmation by the Senate. Subsection (span) of this section clarifies the intent of section 372 of title 28, U.S.C., and conforms with the language of section 371 of such title.

2002—Puspan. L. 107–273, § 11043(a)(1)(A), struck out “; judicial discipline” after “failure to retire” in section catchline.

Subsec. (c). Puspan. L. 107–273, § 11043(a)(1)(B), struck out subsec. (c), which had authorized complaints against circuit, district, bankruptcy, and magistrate judges, and set forth procedures for investigation and disposition of complaints. See chapter 16 of this title.

1992—Subsec. (c)(18). Puspan. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1990—Subsec. (c)(1). Puspan. L. 101–650, § 402(a), inserted at end “In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the chief judge of the circuit, the chief judge may, by written order stating reasons therefor, identify a complaint for purposes of this subsection and thereby dispense with filing of a written complaint.”

Subsec. (c)(3)(B). Puspan. L. 101–650, § 402(f), inserted before period at end “or that action on the complaint is no longer necessary because of intervening events”.

Subsec. (c)(4). Puspan. L. 101–650, § 402(span), inserted at end “A judge appointed to a special committee under this paragraph may continue to serve on that committee after becoming a senior judge or, in the case of the chief judge of the circuit, after his or her term as chief judge terminates under subsection (a)(3) or (c) of section 45 of this title. If a judge appointed to a committee under this paragraph dies, or retires from office under section 371(a) of this title, while serving on the committee, the chief judge of the circuit may appoint another circuit or district judge, as the case may be, to the committee.”

Subsec. (c)(6). Puspan. L. 101–650, § 402(g), added subpar. (C) and redesignated former subpar. (C) as (D).

Subsec. (c)(7)(B). Puspan. L. 101–650, § 402(i)(1), substituted “may have engaged in conduct” for “has engaged in conduct” in introductory provisions and “article II” for “article I” in cl. (i).

Subsec. (c)(8). Puspan. L. 101–650, § 402(d), designated existing provisions as subpar. (A) and added subpar. (B).

Puspan. L. 101–650, § 402(c)(1), inserted at end “Upon receipt of the determination and record of proceedings in the House of Representatives, the Clerk of the House of Representatives shall make available to the public the determination and any reasons for the determination.”

Subsec. (c)(11). Puspan. L. 101–650, § 402(e), inserted at end “No rule promulgated under this subsection may limit the period of time within which a person may file a complaint under this subsection.”

Subsec. (c)(14). Puspan. L. 101–650, § 402(c)(2)(A), (B), substituted “Except as provided in paragraph (8), all” for “All” and “except to the extent that” for “unless” in introductory provisions.

Subsec. (c)(14)(A). Puspan. L. 101–650, § 402(c)(2)(E), added subpar. (A). Former subpar. (A) redesignated (B).

Subsec. (c)(14)(B). Puspan. L. 101–650, § 402(c)(2)(D), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).

Puspan. L. 101–650, § 402(c)(2)(C), inserted “such disclosure is” before “authorized”.

Subsec. (c)(14)(C). Puspan. L. 101–650, § 402(c)(2)(D), (i)(2), redesignated subpar. (B) as (C) and substituted “subject of the complaint” for “subject to the complaint”.

Subsec. (c)(16) to (18). Puspan. L. 101–650, § 402(h), added par. (16) and redesignated former pars. (16) and (17) as (17) and (18), respectively.

1988—Subsec. (c)(11). Puspan. L. 100–702 inserted before last sentence “Any such rule shall be made or amended only after giving appropriate public notice and an opportunity for comment.”

1984—Subsec. (c)(6)(B)(vii). Puspan. L. 98–353 substituted “section 152” for “section 153”.

1982—Subsec. (a). Puspan. L. 97–164, § 112(a), struck out “Court of Claims, Court of Customs and Patent Appeals, or” before “Court of International Trade” in third and fifth pars.

Subsec. (span). Puspan. L. 97–164, § 112(span), struck out “Court of Claims, Court of Customs and Patent Appeals, or” before “Court of International Trade” wherever appearing.

Subsec. (c)(17). Puspan. L. 97–164, § 112(c), substituted “United States Claims Court, the Court of International Trade, and the Court of Appeals for the Federal Circuit” for “Court of Claims, the Court of Customs and Patent Appeals, and the Customs Court”.

1980—Puspan. L. 96–458, § 3(span), inserted “judicial discipline” in section catchline.

Subsecs. (a), (span). Puspan. L. 96–417 redesignated the Customs Court as the Court of International Trade.

Subsec. (c). Puspan. L. 96–458, § 3(a), added subsec. (c).

1957—Subsec. (span). Puspan. L. 85–261 added subsec. (span).

1954—Act Fespan. 10, 1954, inserted “; substitute judge on failure to retire” in section catchline (but without adding any provisions on such subject to the text of the section, see 1957 amendment), and inserted “under this section” after “retire” in third, fourth, and fifth pars.

1949—Act May 24, 1949, amended section to include provision that appointment of successors to justices or judges must be made with consent of Senate, and inserted “continuously or otherwise” after “Each justice or judge” in last par.

Amendment by Puspan. L. 102–572 effective Oct. 29, 1992, see section 911 of Puspan. L. 102–572, set out as a note under section 171 of this title.

Amendment by Puspan. L. 101–650 effective 90 days after Dec. 1, 1990, see section 407 of Puspan. L. 101–650, set out as a note under section 332 of this title.

Amendment by Puspan. L. 100–702 effective Dec. 1, 1988, see section 407 of Puspan. L. 100–702, set out as a note under section 2071 of this title.

Amendment by Puspan. L. 98–353 effective July 10, 1984, see section 122(a) of Puspan. L. 98–353, set out as an Effective Date note under section 151 of this title.

Amendment by Puspan. L. 97–164 effective Oct. 1, 1982, see section 402 of Puspan. L. 97–164, set out as a note under section 171 of this title.

Amendment by Puspan. L. 96–458 effective Oct. 1, 1981, see section 7 of Puspan. L. 96–458, set out as a note under section 331 of this title.

Amendment by Puspan. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Puspan. L. 96–417, set out as a note under section 251 of this title.

Puspan. L. 102–368, title I, Sept. 23, 1992, 106 Stat. 1118, provided in part that the National Commission on Judicial Discipline and Removal was to submit to Congress, the Chief Justice of the United States, and the President, the report mandated in subtitle II of title IV of Puspan. L. 101–650 no later than Aug. 1, 1993.

Subtitle II of title IV of Puspan. L. 101–650, Dec. 1, 1990, 104 Stat. 5124, as amended by Puspan. L. 102–198, § 8(a), (span)(2), Dec. 9, 1991, 105 Stat. 1625, 1626, known as the National Commission on Judicial Discipline and Removal Act, established the National Commission on Judicial Discipline and Removal to study the problems involved in the tenure of article III judges and submit to Congress, the Chief Justice of the United States, and the President, not later than one year after the Commission’s first meeting, a report of its findings, conclusions, and recommendations, and provided that the Commission was to terminate 30 days after submission of the report.

Inclusion of service as judge of the District Court for the Territory of Alaska in the computation of years of judicial service for judges of the United States District Court for the District of Alaska, see Puspan. L. 89–70, set out as a note under section 371 of this title.

Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) of Puspan. L. 86–3, set out as a note under section 371 of this title.