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Title 28 — Judiciary and Judicial Procedure

Part I · Chapter 13 — Assignment of Judges to Other Courts

§ 293. Judges of the Court of International Trade

Statutory text

(a)

 1 The Chief Justice of the United States may designate and assign temporarily any judge of the Court of International Trade to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit in which the need arises.

Footnotes

  1. 1 So in original. No subsec. (b) has been enacted.

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. § 293

    June 25, 1948, ch. 646, 62 Stat. 901

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 901

  2. Pub. L. 85–755 § 4 · 72 Stat. 848

    Substituted · 28 U.S.C. § 293

    Pub. L. 85–755 substituted “Judges of other courts” for “Circuit or district judges to court of customs and patent appeals” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 85–755 substituted “Judges of other courts” for “Circuit or district judges to court of customs and patent appeals” in section catchline.

    Enacted provision · exact public law section
    Sec. 4. Section 293 of title 28 of the United States Code, as amended is amended to read as follows: “§ 293. Judges of other courts “(a) The Chief Justice of the United States may designate and assign temporarily any judge of the Court of Claims or the Court of Customs and Patent Appeals to serve, respectively, as a judge of the Court of Customs and Patent Appeals or the Court of Claims upon presentation of a certificate of necessity by the chief judge of the court wherein the need arises, or to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. “(b) The Chief Justice of the United States may designate and assign temporarily any judge of the Customs Court to perform judicial duties in a district court in any circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. “(c) The chief judge of the Court of Customs and Patent Appeals may, upon presentation to him by the chief judge of the Customs Court of a certificate of necessity, designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Customs Court. “(d) The chief judge of the Customs Court may, upon presentation to him by the chief judge of the Court of Customs and Patent Appeals of a certificate of necessity, designate and assign temporarily any judge of the Customs Court to serve as a judge of the Court of Customs and Patent Appeals.”

  3. Pub. L. 85–755 § 4 · 72 Stat. 848

    Added · 28 U.S.C. § 293(a)

    Pub. L. 85–755 added subsec. (a). It incorporates provisions of former sections 291(a), (b) and 292(e) of this title respecting assignment of any judge of the Court of Claims to serve as circuit judge in any circuit, assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court of Appeals or the District Court for the District of Columbia, and assignment of judges of the Court of Claims to district courts, respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 85–755 added subsec. (a). It incorporates provisions of former sections 291(a), (b) and 292(e) of this title respecting assignment of any judge of the Court of Claims to serve as circuit judge in any circuit, assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court of Appeals or the District Court for the District of Columbia, and assignment of judges of the Court of Claims to district courts, respectively.

    Enacted provision · exact public law section
    Sec. 4. Section 293 of title 28 of the United States Code, as amended is amended to read as follows: “§ 293. Judges of other courts “(a) The Chief Justice of the United States may designate and assign temporarily any judge of the Court of Claims or the Court of Customs and Patent Appeals to serve, respectively, as a judge of the Court of Customs and Patent Appeals or the Court of Claims upon presentation of a certificate of necessity by the chief judge of the court wherein the need arises, or to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. “(b) The Chief Justice of the United States may designate and assign temporarily any judge of the Customs Court to perform judicial duties in a district court in any circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. “(c) The chief judge of the Court of Customs and Patent Appeals may, upon presentation to him by the chief judge of the Customs Court of a certificate of necessity, designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Customs Court. “(d) The chief judge of the Customs Court may, upon presentation to him by the chief judge of the Court of Customs and Patent Appeals of a certificate of necessity, designate and assign temporarily any judge of the Customs Court to serve as a judge of the Court of Customs and Patent Appeals.”

  4. Pub. L. 85–755 § 4 · 72 Stat. 848

    Amended · 28 U.S.C. § 293(b)

    Pub. L. 85–755 designated existing second par. as subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 85–755 designated existing second par. as subsec. (b).

    Enacted provision · exact public law section
    Sec. 4. Section 293 of title 28 of the United States Code, as amended is amended to read as follows: “§ 293. Judges of other courts “(a) The Chief Justice of the United States may designate and assign temporarily any judge of the Court of Claims or the Court of Customs and Patent Appeals to serve, respectively, as a judge of the Court of Customs and Patent Appeals or the Court of Claims upon presentation of a certificate of necessity by the chief judge of the court wherein the need arises, or to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. “(b) The Chief Justice of the United States may designate and assign temporarily any judge of the Customs Court to perform judicial duties in a district court in any circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. “(c) The chief judge of the Court of Customs and Patent Appeals may, upon presentation to him by the chief judge of the Customs Court of a certificate of necessity, designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Customs Court. “(d) The chief judge of the Customs Court may, upon presentation to him by the chief judge of the Court of Customs and Patent Appeals of a certificate of necessity, designate and assign temporarily any judge of the Customs Court to serve as a judge of the Court of Customs and Patent Appeals.”

  5. Pub. L. 85–755 § 4 · 72 Stat. 848

    Added · 28 U.S.C. § 293(c); 28 U.S.C. § 293(d)

    Pub. L. 85–755 added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 85–755 added subsecs. (c) and (d).

    Enacted provision · exact public law section
    Sec. 4. Section 293 of title 28 of the United States Code, as amended is amended to read as follows: “§ 293. Judges of other courts “(a) The Chief Justice of the United States may designate and assign temporarily any judge of the Court of Claims or the Court of Customs and Patent Appeals to serve, respectively, as a judge of the Court of Customs and Patent Appeals or the Court of Claims upon presentation of a certificate of necessity by the chief judge of the court wherein the need arises, or to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. “(b) The Chief Justice of the United States may designate and assign temporarily any judge of the Customs Court to perform judicial duties in a district court in any circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. “(c) The chief judge of the Court of Customs and Patent Appeals may, upon presentation to him by the chief judge of the Customs Court of a certificate of necessity, designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Customs Court. “(d) The chief judge of the Customs Court may, upon presentation to him by the chief judge of the Court of Customs and Patent Appeals of a certificate of necessity, designate and assign temporarily any judge of the Customs Court to serve as a judge of the Court of Customs and Patent Appeals.”

  6. Pub. L. 95–598 title II § 205 · 92 Stat. 2549

    Added · 28 U.S.C. § 293(e)

    Pub. L. 95–598 directed the amendment of this section by adding subsec. (e) relating to temporary assignments of bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 95–598 directed the amendment of this section by adding subsec. (e) relating to temporary assignments of bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

    Enacted provision · exact public law section
    Sec. 205. Section 293 of title 28 of the United States Code is amended by adding at the end thereof the following: “(e) (1) The Chief Justice of the United States may designate and assign temporarily a bankruptcy judge of one circuit for service in a bankruptcy court in another circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises. “(2) The chief judge of a circuit may, in the public interest, designate and assign temporarily a bankruptcy judge of the circuit to hold a bankruptcy court in any district within the circuit.”.

  7. Customs Courts Act of 1980

    Pub. L. 96–417 § 102(a) · 94 Stat. 1727

    Redesignated · 28 U.S.C. § 293(b)

    Pub. L. 96–417, § 102(a), redesignated the Customs Court as the Court of International Trade and authorized performance of judicial functions in a court of appeals

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–417, § 102(a), redesignated the Customs Court as the Court of International Trade and authorized performance of judicial functions in a court of appeals.

    Enacted provision · exact public law section
    (a) Section 293(b) of title 28, United States Code, is amended by striking out “Customs Court” and all that follows through “need arises” and inserting in lieu thereof “Court of International Trade to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit in which the need arises”.

  8. Customs Courts Act of 1980

    Pub. L. 96–417 § 501(8) · 94 Stat. 1727

    Redesignated · 28 U.S.C. § 293(c)

    Pub. L. 96–417, § 501(8), redesignated the Customs Court as the Court of International Trade

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–417, § 501(8), redesignated the Customs Court as the Court of International Trade.

    Enacted provision · exact public law section
    (8) Section 293(c).

  9. Customs Courts Act of 1980

    Pub. L. 96–417 § 102(b) · 94 Stat. 1727

    Redesignated · 28 U.S.C. § 293(d)

    Pub. L. 96–417, § 102(b), redesignated the Customs Court as the Court of International Trade and authorized temporary assignments to the Court of Claims of judges of the Court of International Trade upon presentation of a certificate of necessity by the chief judge of the Court of Claims

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–417, § 102(b), redesignated the Customs Court as the Court of International Trade and authorized temporary assignments to the Court of Claims of judges of the Court of International Trade upon presentation of a certificate of necessity by the chief judge of the Court of Claims.

    Enacted provision · exact public law section
    (b) Section 293(d) of title 28, United States Code, is amended to read as follows: “(d) The chief judge of the Court of International Trade may, upon presentation to him of a certificate of necessity by the chief judge of the Court of Customs and Patent Appeals or the chief judge of the Court of Claims, designate and assign temporarily any judge of the Court of International Trade to serve as a judge of the Court of Customs and Patent Appeals or the Court of Claims.”.

  10. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 § 110(b) · 96 Stat. 25

    Substituted · 28 U.S.C. § 293

    Pub. L. 97–164, § 110(b), substituted “the Court of International Trade” for “other courts” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 97–164, § 110(b), substituted “the Court of International Trade” for “other courts” in section catchline.

    Enacted provision · exact public law section
    (b) The section heading of section 293 of title 28, United States Code, is amended to read as follows: “§ 293. Judges of the Court of International Trade”.

    Effective date note
    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.

  11. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 § 110(a)(1) · 96 Stat. 25

    Redesignated · 28 U.S.C. § 293(a)

    Pub. L. 97–164, § 110(a)(1), (2), redesignated subsec. (b) as (a). Former subsec. (a), which authorized the Chief Justice to designate and assign judges of the Court of Claims or the Court of Customs and Patent Appeals to serve temporarily on the other of these two courts or in a court of appeals or district court of any circuit in times of necessity, was struck out

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–164, § 110(a)(1), (2), redesignated subsec. (b) as (a). Former subsec. (a), which authorized the Chief Justice to designate and assign judges of the Court of Claims or the Court of Customs and Patent Appeals to serve temporarily on the other of these two courts or in a court of appeals or district court of any circuit in times of necessity, was struck out.

    Enacted provision · exact public law section
    (1) by repealing subsections (a), (c), and (d);

    Effective date note
    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.

  12. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 § 110(a)(2) · 96 Stat. 25

    Redesignated · 28 U.S.C. § 293(b)

    Pub. L. 97–164, § 110(a)(2), (3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). Former subsec. (b) redesignated (a). See 1978 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–164, § 110(a)(2), (3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). Former subsec. (b) redesignated (a). See 1978 Amendment note below.

    Enacted provision · exact public law section
    (2) by redesignating subsection (b) as subsection (a); and

    Effective date note
    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.

  13. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 § 110(a)(1) · 96 Stat. 25

    Struck · 28 U.S.C. § 293(c); 28 U.S.C. § 293(d)

    Pub. L. 97–164, § 110(a)(1), struck out subsecs. (c) and (d) which related, respectively, to the authority of the chief judge of the Court of Customs and Patent Appeals to designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Court of International Trade and to the authority of the chief judge of the Court of International Trade to designate and assign temporarily any judge of the Court of International Trade to serve as a judge of the Court of Customs and Patent Appeals or the Court of Claims

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 97–164, § 110(a)(1), struck out subsecs. (c) and (d) which related, respectively, to the authority of the chief judge of the Court of Customs and Patent Appeals to designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Court of International Trade and to the authority of the chief judge of the Court of International Trade to designate and assign temporarily any judge of the Court of International Trade to serve as a judge of the Court of Customs and Patent Appeals or the Court of Claims.

    Enacted provision · exact public law section
    (1) by repealing subsections (a), (c), and (d);

    Effective date note
    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.

  14. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 § 110(a)(3) · 96 Stat. 25

    Redesignated · 28 U.S.C. § 293(e)

    Pub. L. 97–164, § 110(a)(3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). See 1978 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–164, § 110(a)(3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). See 1978 Amendment note below.

    Enacted provision · exact public law section
    (3) by redesignating subsection (e), as that subsection will become effective on April 1, 1984, as subsection (b).

    Effective date note
    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.

13 of 14 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 301 (Mar. 3, 1911, ch. 231, § 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475).

Section simplifies last sentence of section 301 of title 28, U.S.C., 1940 ed., and is in conformity with other designation and assignment provisions of this chapter.

Other provisions of said section 301 of title 28, U.S.C., 1940 ed., are incorporated in sections 211–213, 215, and 296 of this title.

This section transfers from the President to the Chief Justice of the United States the authority to designate and assign which is in conformity with sections 201 and 292 of this title.

The words “he is willing to undertake” were added to make clear that such service is voluntary.

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

Changes were made in phraseology.

Editorial Notes

Amendments1956–1982 · 5 rounds

1982

Pub. L. 97–164, § 110(b), substituted “the Court of International Trade” for “other courts” in section catchline.

Subsec. (a). Pub. L. 97–164, § 110(a)(1), (2), redesignated subsec. (b) as (a). Former subsec. (a), which authorized the Chief Justice to designate and assign judges of the Court of Claims or the Court of Customs and Patent Appeals to serve temporarily on the other of these two courts or in a court of appeals or district court of any circuit in times of necessity, was struck out.

Subsec. (b). Pub. L. 97–164, § 110(a)(2), (3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). Former subsec. (b) redesignated (a). See 1978 Amendment note below.

Subsecs. (c), (d). Pub. L. 97–164, § 110(a)(1), struck out subsecs. (c) and (d) which related, respectively, to the authority of the chief judge of the Court of Customs and Patent Appeals to designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Court of International Trade and to the authority of the chief judge of the Court of International Trade to designate and assign temporarily any judge of the Court of International Trade to serve as a judge of the Court of Customs and Patent Appeals or the Court of Claims.

Subsec. (e). Pub. L. 97–164, § 110(a)(3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). See 1978 Amendment note below.

1980

Subsec. (b). Pub. L. 96–417, § 102(a), redesignated the Customs Court as the Court of International Trade and authorized performance of judicial functions in a court of appeals.

Subsec. (c). Pub. L. 96–417, § 501(8), redesignated the Customs Court as the Court of International Trade.

Subsec. (d). Pub. L. 96–417, § 102(b), redesignated the Customs Court as the Court of International Trade and authorized temporary assignments to the Court of Claims of judges of the Court of International Trade upon presentation of a certificate of necessity by the chief judge of the Court of Claims.

1978

Subsec. (e). Pub. L. 95–598 directed the amendment of this section by adding subsec. (e) relating to temporary assignments of bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

1958

Pub. L. 85–755 substituted “Judges of other courts” for “Circuit or district judges to court of customs and patent appeals” in section catchline.

Subsec. (a). Pub. L. 85–755 added subsec. (a). It incorporates provisions of former sections 291(a), (b) and 292(e) of this title respecting assignment of any judge of the Court of Claims to serve as circuit judge in any circuit, assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court of Appeals or the District Court for the District of Columbia, and assignment of judges of the Court of Claims to district courts, respectively.

Subsec. (b). Pub. L. 85–755 designated existing second par. as subsec. (b).

Subsecs. (c), (d). Pub. L. 85–755 added subsecs. (c) and (d).

1956

Act , authorized the Chief Justice of the United States to designate and assign temporarily a judge of the Customs Court to perform judicial duties in a district court in any circuit.

Statutory Notes and Related Subsidiaries

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective , see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

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.

Jurisdiction of United States Court of Customs and Patent Appeals

Amendment by Pub. L. 85–755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], see section 7 of Pub. L. 85–755, set out as a note under section 291 of this title.

Limitation or Alteration of Jurisdiction

Amendment by act , not to be construed as limiting or altering the jurisdiction heretofore conferred upon the Customs Court [now United States Court of International Trade], see section 4 of act , set out as a note under section 251 of this title.

Credits

1948–1982 · 6 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 901
  2. 1956July 14, 1956, ch. 589, § 3(a), 70 Stat. 532
  3. 1958Pub. L. 85–755, § 4, , 72 Stat. 848
  4. 1978Pub. L. 95–598, title II, § 205, , 92 Stat. 2660
  5. 1980Pub. L. 96–417, title I, § 102, title V, § 501(8), , 94 Stat. 1727, 1742
  6. 1982Pub. L. 97–164, title I, § 110(a), (b), , 96 Stat. 29.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589, § 3(a), 70 Stat. 532; Pub. L. 85–755, § 4, , 72 Stat. 848; Pub. L. 95–598, title II, § 205, , 92 Stat. 2660; Pub. L. 96–417, title I, § 102, title V, § 501(8), , 94 Stat. 1727, 1742; Pub. L. 97–164, title I, § 110(a), (b), , 96 Stat. 29.)

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