Notes on 28 U.S.C. § 372 : US Code - Notes

Search Notes on 28 U.S.C. § 372 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, Sec.
67, 63 Stat. 99; Feb. 10, 1954, ch. 6, Sec. 4(a), 68 Stat. 12; Pub.
L. 85-261, Sept. 2, 1957, 71 Stat. 586; Pub. L. 96-417, title V,
Sec. 501(9), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 96-458, Sec.
3(a), (b), Oct. 15, 1980, 94 Stat. 2036, 2040; Pub. L. 97-164,
title I, Sec. 112, Apr. 2, 1982, 96 Stat. 29; Pub. L. 98-353, title
I, Sec. 107, July 10, 1984, 98 Stat. 342; Pub. L. 100-702, title
IV, Sec. 403(c), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101-650,
title IV, Sec. 402, Dec. 1, 1990, 104 Stat. 5122; Pub. L. 102-572,
title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L.
107-273, div. C, title I, Sec. 11043(a)(1), Nov. 2, 2002, 116 Stat.
1855.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., Secs. 375b, 375c, and 375d
(Aug. 5, 1939, ch. 433, Secs. 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.
AMENDMENTS
2002 - Pub. L. 107-273, Sec. 11043(a)(1)(A), struck out ";
judicial discipline" after "failure to retire" in section
catchline.
Subsec. (c). Pub. L. 107-273, Sec. 11043(a)(1)(B), struck out
subsec. (c), which had authorized complaints against circuit,
district, bankruptcy, and magistrate judges, and set forth
procedures for investigation and disposition of complaints. See
chapter 16 of this title.
1992 - Subsec. (c)(18). Pub. L. 102-572 substituted "United
States Court of Federal Claims" for "United States Claims Court".
1990 - Subsec. (c)(1). Pub. L. 101-650, Sec. 402(a), inserted at
end "In the interests of the effective and expeditious
administration of the business of the courts and on the basis of
information available to the chief judge of the circuit, the chief
judge may, by written order stating reasons therefor, identify a
complaint for purposes of this subsection and thereby dispense with
filing of a written complaint."
Subsec. (c)(3)(B). Pub. L. 101-650, Sec. 402(f), inserted before
period at end "or that action on the complaint is no longer
necessary because of intervening events".
Subsec. (c)(4). Pub. L. 101-650, Sec. 402(b), inserted at end "A
judge appointed to a special committee under this paragraph may
continue to serve on that committee after becoming a senior judge
or, in the case of the chief judge of the circuit, after his or her
term as chief judge terminates under subsection (a)(3) or (c) of
section 45 of this title. If a judge appointed to a committee under
this paragraph dies, or retires from office under section 371(a) of
this title, while serving on the committee, the chief judge of the
circuit may appoint another circuit or district judge, as the case
may be, to the committee."
Subsec. (c)(6). Pub. L. 101-650, Sec. 402(g), added subpar. (C)
and redesignated former subpar. (C) as (D).
Subsec. (c)(7)(B). Pub. L. 101-650, Sec. 402(i)(1), substituted
"may have engaged in conduct" for "has engaged in conduct" in
introductory provisions and "article II" for "article I" in cl.
(i).
Subsec. (c)(8). Pub. L. 101-650, Sec. 402(d), designated existing
provisions as subpar. (A) and added subpar. (B).
Pub. L. 101-650, Sec. 402(c)(1), inserted at end "Upon receipt of
the determination and record of proceedings in the House of
Representatives, the Clerk of the House of Representatives shall
make available to the public the determination and any reasons for
the determination."
Subsec. (c)(11). Pub. L. 101-650, Sec. 402(e), inserted at end
"No rule promulgated under this subsection may limit the period of
time within which a person may file a complaint under this
subsection."
Subsec. (c)(14). Pub. L. 101-650, Sec. 402(c)(2)(A), (B),
substituted "Except as provided in paragraph (8), all" for "All"
and "except to the extent that" for "unless" in introductory
provisions.
Subsec. (c)(14)(A). Pub. L. 101-650, Sec. 402(c)(2)(E), added
subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (c)(14)(B). Pub. L. 101-650, Sec. 402(c)(2)(D),
redesignated subpar. (A) as (B). Former subpar. (B) redesignated
(C).
Pub. L. 101-650, Sec. 402(c)(2)(C), inserted "such disclosure is"
before "authorized".
Subsec. (c)(14)(C). Pub. L. 101-650, Sec. 402(c)(2)(D), (i)(2),
redesignated subpar. (B) as (C) and substituted "subject of the
complaint" for "subject to the complaint".
Subsec. (c)(16) to (18). Pub. L. 101-650, Sec. 402(h), added par.
(16) and redesignated former pars. (16) and (17) as (17) and (18),
respectively.
1988 - Subsec. (c)(11). Pub. L. 100-702 inserted before last
sentence "Any such rule shall be made or amended only after giving
appropriate public notice and an opportunity for comment."
1984 - Subsec. (c)(6)(B)(vii). Pub. L. 98-353 substituted
"section 152" for "section 153".
1982 - Subsec. (a). Pub. L. 97-164, Sec. 112(a), struck out
"Court of Claims, Court of Customs and Patent Appeals, or" before
"Court of International Trade" in third and fifth pars.
Subsec. (b). Pub. L. 97-164, Sec. 112(b), struck out "Court of
Claims, Court of Customs and Patent Appeals, or" before "Court of
International Trade" wherever appearing.
Subsec. (c)(17). Pub. L. 97-164, Sec. 112(c), substituted "United
States Claims Court, the Court of International Trade, and the
Court of Appeals for the Federal Circuit" for "Court of Claims, the
Court of Customs and Patent Appeals, and the Customs Court".
1980 - Pub. L. 96-458, Sec. 3(b), inserted "judicial discipline"
in section catchline.
Subsecs. (a), (b). Pub. L. 96-417 redesignated the Customs Court
as the Court of International Trade.
Subsec. (c). Pub. L. 96-458, Sec. 3(a), added subsec. (c).
1957 - Subsec. (b). Pub. L. 85-261 added subsec. (b).
1954 - Act Feb. 10, 1954, inserted "; substitute judge on failure
to retire" in section catchline (but without adding any provisions
on such subject to the text of the section, see 1957 amendment),
and inserted "under this section" after "retire" in third, fourth,
and fifth pars.
1949 - Act May 24, 1949, amended section to include provision
that appointment of successors to justices or judges must be made
with consent of Senate, and inserted "continuously or otherwise"
after "Each justice or judge" in last par.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-650 effective 90 days after Dec. 1,
1990, see section 407 of Pub. L. 101-650, set out as a note under
section 332 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section
407 of Pub. L. 100-702, set out as a note under section 2071 of
this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of this
title.
EFFECTIVE DATE OF 1980 AMENDMENTS
Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7
of Pub. L. 96-458, set out as a note under section 331 of this
title.
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and
applicable with respect to civil actions pending on or commenced on
or after such date, see section 701(a) of Pub. L. 96-417, set out
as a note under section 251 of this title.
NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL
Pub. L. 102-368, title I, Sept. 23, 1992, 106 Stat. 1118,
provided in part that the National Commission on Judicial
Discipline and Removal was to submit to Congress, the Chief Justice
of the United States, and the President, the report mandated in
subtitle II of title IV of Pub. L. 101-650 no later than Aug. 1,
1993.
Subtitle II of title IV of Pub. L. 101-650, Dec. 1, 1990, 104
Stat. 5124, as amended by Pub. L. 102-198, Sec. 8(a), (b)(2), Dec.
9, 1991, 105 Stat. 1625, 1626, known as the National Commission on
Judicial Discipline and Removal Act, established the National
Commission on Judicial Discipline and Removal to study the problems
involved in the tenure of article III judges and submit to
Congress, the Chief Justice of the United States, and the
President, not later than one year after the Commission's first
meeting, a report of its findings, conclusions, and
recommendations, and provided that the Commission was to terminate
30 days after submission of the report.
COMPUTATION OF JUDICIAL SERVICE, DISTRICT OF ALASKA
Inclusion of service as judge of the District Court for the
Territory of Alaska in the computation of years of judicial service
for judges of the United States District Court for the District of
Alaska, see Pub. L. 89-70, set out as a note under section 371 of
this title.
JUDICIAL SERVICE IN HAWAII
Certain judicial service in Hawaii included within computation of
aggregate years of judicial service, see section 14(d) of Pub. L.
86-3, set out as a note under section 371 of this title.