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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.

  1. 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. 904

  2. Pub. L. 86–312 § 1 · 73 Stat. 587

    1. 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

    2. 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.

  3. 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
  1. 1948June 25, 1948, ch. 646, 62 Stat. 904
  2. 1959Pub. L. 86–312, § 1, , 73 Stat. 587
  3. 1986Pub. L. 99–651, title II, § 202(b), , 100 Stat. 3648
  4. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc28.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t28/s374