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Title 28 — Judiciary and Judicial Procedure

Part I · Chapter 11 — Court of International Trade

§ 253. Duties of chief judge

Statutory text

(a)

The chief judge of the Court of International Trade, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court; 1

(b)

The chief judge shall promulgate dockets.

(c)

The chief judge, under rules of the court, may designate any judge or judges of the court to try any case and, when the circumstances so warrant, reassign the case to another judge or judges.

Footnotes

  1. 1 So in original. The semicolon probably should be a period.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 253

    June 25, 1948, ch. 646, 62 Stat. 900

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 900

  2. Pub. L. 86–243 § 3 · 73 Stat. 474

    Changed · 28 U.S.C. § 253

    Pub. L. 86–243 required the chief judge to supervise the fiscal affairs and clerical force of the court, with the approval of the court

    Source evidence

    Code amendment note
    Pub. L. 86–243 required the chief judge to supervise the fiscal affairs and clerical force of the court, with the approval of the court.

    Enacted provision · exact public law section
    Sec. 3. The first paragraph of section 253 of title 28 of the United States Code is amended to read as follows: “The chief judge of the Customs Court, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court. The chief judge shall assign or reassign, before trial and under rules of the court, any case for hearing, determination, or both; and promulgate dockets.”

  3. The Customs Courts Act of 1970

    Pub. L. 91–271 title I § 105 · 84 Stat. 273

    Changed · 28 U.S.C. § 253

    Pub. L. 91–271 reorganized existing provisions into lettered subsecs. (a) to (e) and made minor changes in phraseology

    Source evidence

    Code amendment note
    Pub. L. 91–271 reorganized existing provisions into lettered subsecs. (a) to (e) and made minor changes in phraseology.

    Enacted provision · exact public law section
    Sec. 105. duties of chief judge precedence of judges Section 253 of title 28 of the United States Code is amended to read as follows: “§ 253. Duties of chief judge; precedence of judges “(a) The chief judge of the Customs Court, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court; “(b) The chief judge shall promulgate dockets. “(c) The chief judge, under rules of the court, may designate any judge or judges of the court to try any case and, when the circumstances so warrant, reassign the case to another judge or judges. “(d) Whenever the chief judge is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the judge next in precedence who is able to act, until such disability is removed or another chief judge is appointed and duly qualified. “(e) The chief judge shall have precedence and shall preside at any session which lie attends. Other judges shall have precedence and shall preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.”

  4. Customs Courts Act of 1980

    Pub. L. 96–417 title V § 501(3) · 94 Stat. 1727

    Redesignated · 28 U.S.C. § 253(a)

    Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.

    Enacted provision · exact public law section
    (3) Section 253(a).

    Effective date note
    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.

  5. Pub. L. 104–317 title V § 501(b)(2) · 110 Stat. 3847

    1. Struck · 28 U.S.C. § 253

      Pub. L. 104–317 struck out “; precedence of judges” after “chief judge” in section catchline

    2. Struck · 28 U.S.C. § 253

      Pub. L. 104–317 struck out subsecs. (d) and (e) which read as follows:

    Source evidence

    Code amendment note
    Pub. L. 104–317 struck out “; precedence of judges” after “chief judge” in section catchline and struck out subsecs. (d) and (e) which read as follows:

    “(d) Whenever the chief judge is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the judge next in precedence who is able to act, until such disability is removed or another chief judge is appointed and duly qualified. “(e) The chief judge shall have precedence and shall preside at any session which he attends. Other judges shall have precedence and shall preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.”

    Enacted provision · exact public law section
    (2) in section 253— (A) by amending the section heading to read as follows: “§ 253. Duties of chief judge”; and (B) by striking out subsections (d) and (e); and

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 296 (Mar. 3, 1911, ch. 231, § 187(a), as added Oct. 10, 1940, ch. 843, § 1, 54 Stat. 1101).

This section contains a part of section 296 of title 28, U.S.C., 1940 ed. Other provisions of such section are incorporated in sections 251, 252, 254, 456, 1581, 2071, 2639, and 2640 of this title.

Provision respecting recommendations for appointment, promotions, or otherwise affecting such clerical force, was omitted as unnecessary in view of section 871 of this title.

The second paragraph is partly new and conforms with similar provisions of section 136(e) of this title, relating to the chief judges of district courts.

The term “chief judge” was substituted for “presiding judge.” (See Reviser’s Note under section 136 of this title.)

Changes were made in phraseology and arrangement.

Editorial Notes

Amendments1959–1996 · 4 rounds

1996

Pub. L. 104–317 struck out “; precedence of judges” after “chief judge” in section catchline and struck out subsecs. (d) and (e) which read as follows:

“(d) Whenever the chief judge is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the judge next in precedence who is able to act, until such disability is removed or another chief judge is appointed and duly qualified.

“(e) The chief judge shall have precedence and shall preside at any session which he attends. Other judges shall have precedence and shall preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.”

1980

Subsec. (a). Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.

1970

Pub. L. 91–271 reorganized existing provisions into lettered subsecs. (a) to (e) and made minor changes in phraseology.

1959

Pub. L. 86–243 required the chief judge to supervise the fiscal affairs and clerical force of the court, with the approval of the court.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–417 effective , 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.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–271 effective , see section 122 of Pub. L. 91–271, set out as a note under section 256 of this title.

Savings Provision

Amendment by Pub. L. 86–243 not to deprive Customs Court [now Court of International Trade] officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86–243, set out as a note under section 871 of this title.

Credits

1948–1996 · 5 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 900
  2. 1959Pub. L. 86–243, § 3, , 73 Stat. 474
  3. 1970Pub. L. 91–271, title I, § 105, , 84 Stat. 276
  4. 1980Pub. L. 96–417, title V, § 501(3), , 94 Stat. 1742
  5. 1996Pub. L. 104–317, title V, § 501(b)(2), , 110 Stat. 3856.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 900; Pub. L. 86–243, § 3, , 73 Stat. 474; Pub. L. 91–271, title I, § 105, , 84 Stat. 276; Pub. L. 96–417, title V, § 501(3), , 94 Stat. 1742; Pub. L. 104–317, title V, § 501(b)(2), , 110 Stat. 3856.)

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