Title 28 — Judiciary and Judicial Procedure
Part I · Chapter 17 — Resignation and Retirement of Justices and Judges
§ 374. Residence of retired judges; official station
Statutory text
Retired judges of the United States are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which he customarily lives shall be deemed to be his official station for the purposes of section 456 of this title. The place where a judge or magistrate judge recalled under section 155, 375, 636, or 797 of this title maintains the actual abode in which the judge or magistrate judge customarily lives shall be deemed to be the official station of such judge or magistrate judge for purposes of section 604(a)(7) of this title.
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.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 374
June 25, 1948, ch. 646, 62 Stat. 904
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 904Pub. L. 86–312 § 1 · 73 Stat. 587
Inserted · 28 U.S.C. § 374
Pub. L. 86–312 inserted sentence to provide that place where retired judge maintains actual abode shall be deemed to be his official station
Inserted · 28 U.S.C. § 374
Pub. L. 86–312 inserted “; official station” in section catchline
Source evidence
Code amendment note
Pub. L. 86–312 inserted sentence to provide that place where retired judge maintains actual abode shall be deemed to be his official station and inserted “; official station” in section catchline.Pub. L. 99–651 title II § 202(b) · 100 Stat. 3642
Inserted · 28 U.S.C. § 374
Pub. L. 99–651 inserted last sentence
Source evidence
Code amendment note
Pub. L. 99–651 inserted last sentence.Enacted provision · exact public law section
(b) Official Duty Station.— Section 374 of title 28, United States Code, is amended by adding at the end the following: “The place where a judge or magistrate recalled under section 155, 375, 636, or 797 of this title maintains the actual abode in which the judge or magistrate customarily lives shall be deemed to be the official station of such judge or magistrate for purposes of section 604(a)(7) of this title.”.Effective date note
Amendment by Pub. L. 99–651 effective Jan. 1, 1987, see section 203 of Pub. L. 99–651, set out as a note under section 155 of this title.
1 of 4 references resolved to an enrolled provision · 3 partial
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 402 (Feb. 11, 1938, ch. 23, 52 Stat. 28).
Sections 44 and 133 of this title require that active circuit and district judges shall reside in the circuit or district to which appointed.
Changes were made in phraseology.
Editorial Notes
Amendments1959–1986 · 2 rounds
1986
Pub. L. 99–651 inserted last sentence.
1959
Pub. L. 86–312 inserted sentence to provide that place where retired judge maintains actual abode shall be deemed to be his official station and inserted “; official station” in section catchline.
Statutory Notes and Related Subsidiaries
Change of Name
Words “magistrate judge” substituted for “magistrate” wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–651 effective , see section 203 of Pub. L. 99–651, set out as a note under section 155 of this title.
Credits
1948–1990 · 4 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 904
- 1959Pub. L. 86–312, § 1, , 73 Stat. 587
- 1986Pub. L. 99–651, title II, § 202(b), , 100 Stat. 3648
- 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 904; Pub. L. 86–312, § 1, , 73 Stat. 587; Pub. L. 99–651, title II, § 202(b), , 100 Stat. 3648; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.)