Page:United States Statutes at Large Volume 58 Part 1.djvu/238

 218 [CHAPTER 192] May 11, 1944 f8.156] [Public Law 299] Judicial Code, amendment. 36 Stat. 1161 . Salary of U. S. judges after resigna- tion or retirement. Successor to retiring judge. Voluntary assign- ment after retirement. 66 Stat. 1094. 28 U. S. C., Supp. II, 11 17-23. Procedure where disabled udge re- mains In oi ce. Seniority. Appointment of court officials. Seniority for ap- pointment purposes. PUBLIC LAWS-COH 192-MAY 11, 1944 AN ACT Relating to the statue of retired judges. [58 STAT. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 260 of the Judicial Code, as amended (U. S . C., 1934 edition, title 28, sec. 375), be, and it is hereby, amended to read as follows: "SEC. 260. When any judge of any court of the United States, 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 resig- nation. But, instead of resigning any judge other than a 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 a judge so retir- ing may nevertheless be called upon by the senior circuit judge or judicial council of that circuit and be by such senior circuit judge or such council 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. Any judge who has heretofore retired, or who hereafter retires, under the provisions of this section, may perform judicial duties only when so called and authorized as herein provided, or as provided by an Act approved December 29, 1942, entitled '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. "In the event any circuit judge, or district judge, having so held a commission or commissions at least ten years, continuously or other- wise, 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. Any judge who has heretofore retired or who hereafter retires voluntarily under the provisions of this section, 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 there may be more than one district judge, if the judges or a majority of them cannot 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: Provided, That in determining the seniority of district judges in any State for the purpose of exercis- ing the power of appointing officials of the court, any district judge whose jurisdiction extends over more than one district shall be held

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