28 U.S.C. § 45 : US Code - Section 45: Chief judges; precedence of judges

Search 28 U.S.C. § 45 : US Code - Section 45: Chief judges; precedence of judges

(a)(1) The chief judge of the circuit shall be the circuit judge
in regular active service who is senior in commission of those
judges who -
(A) are sixty-four years of age or under;
(B) have served for one year or more as a circuit judge; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no circuit judge meets the
qualifications of paragraph (1), the youngest circuit judge in
regular active service who is sixty-five years of age or over and
who has served as circuit judge for one year or more shall act as
the chief judge.
(B) In any case under subparagraph (A) in which there is no
circuit judge in regular active service who has served as a circuit
judge for one year or more, the circuit judge in regular active
service who is senior in commission and who has not served
previously as chief judge shall act as the chief judge.
(3)(A) Except as provided in subparagraph (C), the chief judge of
the circuit appointed under paragraph (1) shall serve for a term of
seven years and shall serve after expiration of such term until
another judge is eligible under paragraph (1) to serve as chief
judge of the circuit.
(B) Except as provided in subparagraph (C), a circuit judge
acting as chief judge under subparagraph (A) or (B) of paragraph
(2) shall serve until a judge has been appointed who meets the
qualifications under paragraph (1).
(C) No circuit judge may serve or act as chief judge of the
circuit after attaining the age of seventy years unless no other
circuit judge is qualified to serve as chief judge of the circuit
under paragraph (1) or is qualified to act as chief judge under
paragraph (2).
(b) The chief judge shall have precedence and preside at any
session of the court which he attends. Other circuit judges of the
court in regular active service shall have precedence and preside
according to the seniority of their commissions. Judges whose
commissions bear the same date shall have precedence according to
seniority in age. The circuit justice, however, shall have
precedence over all the circuit judges and shall preside at any
session which he attends.
(c) If the chief judge desires to be relieved of his duties as
chief judge while retaining his active status as circuit judge, he
may so certify to the Chief Justice of the United States, and
thereafter the chief judge of the circuit shall be such other
circuit judge who is qualified to serve or act as chief judge under
subsection (a).
(d) If a chief judge is temporarily unable to perform his duties
as such, they shall be performed by the circuit judge in active
service, present in the circuit and able and qualified to act, who
is next in precedence.