Volume 77
Public Law 88–176
To clarify the status of circuit and district judges retired from regular active service.
Approved November 13, 1963
Statutory text
AN ACT
To clarify the status of circuit and district judges retired from regular active service.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That
paragraph
Judges, retired.
Status.
(b) of section 43 of title 28, United States Code, is amended to read as follows:
“(b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall also be competent to sit as judges of the court.”
Paragraph (c) of section 46 of title 28, United States Code, is amended to read as follows:
“(c) Cases and controversies shall be heard and determined by a court or division of not more than three judges, unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service. A circuit judge of the circuit who has retired from regular active service shall also be competent to sit as a judge of the court in banc in the rehearing of a case or controversy if he sat in the court or division at the original hearing thereof.”
Sec. 2.
Paragraph (b) of section 132 of title 28, United States Code, is amended to read as follows:
“(b) Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court.”
Sec. 3.
The first sentence of section 332 of title 28, United States
Code, is amended to read as follows: “The chief judge of each circuit shall call, at least twice in each year and at such places as he may designate, a council of the circuit judges for the circuit, in regular active service, at which he shall preside.”
Approved November 13, 1963.