28 U.S.C. § 136 : US Code - Section 136: Chief judges; precedence of district judges

Search 28 U.S.C. § 136 : US Code - Section 136: Chief judges; precedence of district judges

(a)(1) In any district having more than one district judge, the
chief judge of the district shall be the district 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 district judge; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no district judge meets the
qualifications of paragraph (1), the youngest district judge in
regular active service who is sixty-five years of age or over and
who has served as district judge for one year or more shall act as
the chief judge.
(B) In any case under subparagraph (A) in which there is no
district judge in regular active service who has served as a
district judge for one year or more, the district 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 district 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 district.
(B) Except as provided in subparagraph (C), a district 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 district judge may serve or act as chief judge of the
district after attaining the age of seventy years unless no other
district judge is qualified to serve as chief judge of the district
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 which he attends.
Other district judges 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.
(c) A judge whose commission extends over more than one district
shall be junior to all district judges except in the district in
which he resided at the time he entered upon the duties of his
office.
(d) If the chief judge desires to be relieved of his duties as
chief judge while retaining his active status as district judge, he
may so certify to the Chief Justice of the United States, and
thereafter, the chief judge of the district shall be such other
district judge who is qualified to serve or act as chief judge
under subsection (a).
(e) If a chief judge is temporarily unable to perform his duties
as such, they shall be performed by the district judge in active
service, present in the district and able and qualified to act, who
is next in precedence.