Chapter 419. To amend section 260 of the Judicial Code, as amended
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Chap. 419: To amend section 260 of the Judicial Code, as amended. Chapter 419 45 Stat. 1422 1929-03-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 2 public Chapter 419.— An Act To amend section 260 of the Judicial Code, as amended. March 1, 1929.[[S. 2206](/us/bill/70/s/2206).][[Public, No. 870](/us/pl/70/870).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That section 260 Judicial Code.Vol. 40, p. 1157, amended.U.
S. Code, p. 908.of the Judicial Code as amended by section 6 of the Act of February 25, 1919, chapter 29, be, and the same hereby is, amended so as to read as follows: 1423 " “Sec. 260. When any judge of any court of the United States, Retired judges.Resigning after specified years of service, to have pay continued.appointed to hold his office during good behavior, resigns his office after having held a commission or commissions as judge of any such court or courts at least ten years, continuously or otherwise, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the salary which is payable at the time of his resignation for the office that he held at the time of his resignation.
But, instead of resigning, any judge other than a Retiring from active service, a successor to be appointed.justice of the Supreme Court, who is qualified to resign under the foregoing provisions, may retire, upon the salary of which he is then in receipt, from regular active service on the bench, and the President shall thereupon be authorized to appoint a successor; but Voluntary service may be assigned to him.a judge so retiring may nevertheless be called upon by the senior circuit judge of that circuit and be by him authorized to perform such judicial duties in such circuit as such retired judge may be willing to undertake, or he may be called upon by the Chief Justice and be by him authorized to perform such judicial duties in any other circuit as such retired judge may be willing to undertake or he may be called upon either by the presiding judge or senior judge of any other such court and be by him authorized to perform such judicial duties in such court as such retired judge may be willing to undertake.
“In the event any circuit judge, or district judge, having so held Additional judge may be appointed when incapacitated judge entitled to retire does not resign.a commission or commissions at least ten years, continuously or otherwise, and having attained the age of seventy years as aforesaid, shall nevertheless remain in office, and not resign or retire as aforesaid, the President, if he finds any such judge is unable to discharge efficiently all the duties of his office by reason of mental or physical disability of permanent character, may, when necessary for the efficient dispatch of business, appoint, by and with the advice and consent of the Senate, an additional circuit judge of the circuit or district judge of the district to which such disabled judge belongs.
Retiring or incapacitated judge to be held as junior to remaining judges.And the judge so retiring voluntarily, or whose mental or physical condition caused the President to appoint an additional judge, shall be held and treated as if junior in commission to the remaining judges of said court, who shall, in the order of the seniority of their respective commissions, exercise such powers and perform such duties as by law may be incident to seniority. In districts where Senior judge to appoint court officials in case of disagreement.there may be more than one district judge, if the judges or a majority of them can not agree upon the appointment of officials of the court, to be appointed by such judges, then the senior judge shall have the power to make such appointments.
“Upon the death, resignation, or retirement of any circuit or district judge, so entitled to resign, following the appointment of any additional judge as provided in this section, the vacancy caused by such death, resignation, or retirement of the said judge so entitled to resign shall not be filled.” " Approved, March 1, 1929.
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Chapter 419
To amend section 260 of the Judicial Code, as amended
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