Page:United States Statutes at Large Volume 56 Part 1.djvu/1122

 PUBLIC LAWS--CH. 835 -DEC. 29, 1942 December 29 1942 [8. 2655] [Public Law 849] Judicial Code, amendments. 36 Stat. 1089. District judges. Temporary assign- ments to other dis- trict courts. Circuit judges. Temporary assign- ments in circuits other than their own. Retired circuit judges. 36 Stat. 1161 . Consent of senior circuit judge. Recording. District of Colum- bia deemed a judicial circuit. 36 Stat. 1089. 28 U.S. C .0§ 17-23. Supra; infra. Post, pp. 109, 1096. Powers of desig- nated circuit judge. 83 Sta. 1068. [CHAPTER 835] AN ACT To amend the Judicial Code to authorize the Chief Justice of the United States to assign circuit judges to temporary duty in circuits other than their own. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 13 of the Judicial Code (U. S . C., title 28, sec. 17), as amended, is hereby amended to read: "(a) Whenever any district judge by reason of any disability or necessary absence from his district or the accumulation or urgency of business is unable to perform speedily the work of his district, the senior circuit judge of that circuit, or, in his absence, the circuit justice thereof, shall designate and assign any district judge of any district court within the same judicial circuit to act as district judge in such district and to discharge all the judicial duties of a judge thereof for such time as the business of the said district court may require. Whenever it is found impracticable to designate and assign another district judge within the same judicial circuit as above pro- vided and a certificate of the needs of any such district is presented by said senior circuit judge or said circuit justice to the Chief Justice of the United States, he, or in his absence, the senior asso- ciate justice, shall designate and assign a district judge of an adjoin- ing judicial circuit if practicable, or if not practicable, then of any judicial circuit, to perform the duties of district judge and hold a district court in any such district as above provided. "(b) Whenever, by reason of the volume, accumulation, or urgency of business in any circuit, or the disability or necessary absence from the circuit of one or more of the circuit judges, the circuit court of appeals is unable to perform speedily the work brought before it, and a certificate of the needs of the court is presented by the senior circuit judge or the circuit justice, the Chief Justice of the United States, or in his absence, the senior associate justice, may, if in his judgment the public interest requires, designate and assign any cir- cuit judge of any other circuit, including circuit judges retired under section 260 of the Judicial Code, as amended (U. S. C., title 28, sec. 375), to act as circuit judge in such circuit and discharge all the official duties of a circuit judge thereof for such time as in the opinion of the Chief Justice (or in his absence, the senior associate justice) the business of the circuit to which such circuit judge is temporarily assigned may require. "(c) Before any designation or assignment as herein provided for is made the senior circuit judge of the circuit from which the designated or assigned judge is to be taken shall consent thereto. All designations and assignments made hereunder shall be filed in the office of the clerk and entered on the minutes of both the court from and to which a judge is designated and assigned. "(d) For the purposes of sections 13 to 19 of the Judicial Code, the District of Columbia shall be deemed to be a judicial circuit and the Chief Justice and Associate Justices of the United States Court of Appeals for the District of Columbia shall be deemed to be, respec- tively, the senior circuit judge and associate circuit judges of the circuit subject to the same duties and having the same power and authority as other senior circuit judges and associate circuit judges." SEc. 2. Section 14 of the Judicial Code (U. . C. title 28, sec. 18), as amended, is hereby amended by inserting the following asan additional sentence at the end of the section: "Each circuit judge designated and assigned to serve temporarily as a circuit judge in another circuit may and shall, during the period of his assignment, exercise all the judicial powers and discharge and perform all the judicial duties of and be 1094 [56 STAT.

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