§ 49. Assignment of judges to division to appoint independent counsels
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/usc/title-28/section-49A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.
(b)Except as provided under subsection
(f)of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.
(c)In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices.
(d)The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court.
(e)Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.
(f)Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsel’s official duties, regardless of whether such independent counsel is still serving in that office.
(Added Pub. L. 95–521, title VI, § 602(a), Oct. 26, 1978, 92 Stat. 1873; amended Pub. L. 97–409, § 2(b)(1), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 99–554, title I, § 144(g)(3), Oct. 27, 1986, 100 Stat. 3097; Pub. L. 100–191, §§ 4, 5(a), Dec. 15, 1987, 101 Stat. 1307.)
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Cited by 7 sections · top 6
statutes-at-large
- Public Law 186
- Public Law 186
- Public Law 97–409To change the coverage of officials and the standards for the appointment of a special prosecutor in the special prosecutor provisions of the Ethics in Government Act of 1978, and for other purposes
- Public Law 95–521To establish certain Federal agencies, effect certain reorganizations of the Federal Government, to implement certain reforms in the operation of the Federal Government and to preserve and promote the integrity of public officials and institutions, and for other purposes
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- Pub. L. 95–521, title VI, § 602(a)
- 92 Stat. 1873
- Pub. L. 97–409, § 2(b)(1)
- 96 Stat. 2039
- Pub. L. 99–554, title I, § 144(g)(3)
- 100 Stat. 3097
- Pub. L. 100–191
- 101 Stat. 1307
- Pub. L. 100–191, § 4
- Pub. L. 100–191, § 5(a)
- Pub. L. 99–554
- Pub. L. 97–409, § 2(b)(1)(B)
- Pub. L. 97–409, § 2(b)(1)(A)
- section 302(a) of Pub. L. 99–554
- section 604 of Pub. L. 95–521
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§ 49
Assignment of judges to division to appoint independent counsels
Stat.×4
U.S.C.×3
Pub. L.Pub. L. 95–521, title VI, § 602(a)
Stat.92 Stat. 1873
Pub. L.Pub. L. 97–409, § 2(b)(1)
Stat.96 Stat. 2039
Pub. L.Pub. L. 99–554, title I, § 144(g)(3)
Cites 17 · showing 7Cited by 7 across 2 sources