§ 372. Retirement for disability; substitute judge on failure to retire

2,199 words·~10 min read·/usc/title-28/section-372

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any justice or judge of the United States desiring to retire under this section shall certify to the President his disability in writing.

Whenever an associate justice of the Supreme Court, a chief judge of a circuit or the chief judge of the Court of International Trade, desires to retire under this section, he shall furnish to the President a certificate of disability signed by the Chief Justice of the United States.

A circuit or district judge, desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his circuit.

A judge of the Court of International Trade desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his court.

Each justice or judge retiring under this section after serving ten years continuously or otherwise shall, during the remainder of his lifetime, receive the salary of the office. A justice or judge retiring under this section who has served less than ten years in all shall, during the remainder of his lifetime, receive one-half the salary of the office.

(b)Whenever any judge of the United States appointed to hold office during good behavior who is eligible to retire under this section does not do so and a certificate of his disability signed by a majority of the members of the Judicial Council of his circuit in the case of a circuit or district judge, or by the Chief Justice of the United States in the case of the Chief Judge of the Court of International Trade, or by the chief judge of his court in the case of a judge of the Court of International Trade, is presented to the President and the President finds that such judge is unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability and that the appointment of an additional judge is necessary for the efficient dispatch of business, the President may make such appointment by and with the advice and consent of the Senate. Whenever any such additional judge is appointed, the vacancy subsequently caused by the death, resignation, or retirement of the disabled judge shall not be filled. Any judge whose disability causes the appointment of an additional judge shall, for purpose of precedence, service as chief judge, or temporary performance of the duties of that office, be treated as junior in commission to the other judges of the circuit, district, or court.

(June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, § 67, 63 Stat. 99; Feb. 10, 1954, ch. 6, § 4(a), 68 Stat. 12; Pub. L. 85–261, Sept. 2, 1957, 71 Stat. 586; Pub. L. 96–417, title V, § 501(9), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 96–458, § 3(a), (b), Oct. 15, 1980, 94 Stat. 2036, 2040; Pub. L. 97–164, title I, § 112, Apr. 2, 1982, 96 Stat. 29; Pub. L. 98–353, title I, § 107, July 10, 1984, 98 Stat. 342; Pub. L. 100–702, title IV, § 403(c), Nov. 19, 1988, 102 Stat. 4651;

Pub. L. 101–650, title IV, § 402, Dec. 1, 1990, 104 Stat. 5122; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 107–273, div. C, title I, § 11043(a)(1), Nov. 2, 2002, 116 Stat. 1855.)

Historical and Revision Notes

1948 Act

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

This section consolidates sections 375b, 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.

1949 Act

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

(b)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.

Connections29 cite this · traces to 11

Cited by 29 sections · top 16

U.S. Code