28-U.S.C.-49
§49 – Assignment of Judges to Division to Appoint Independent Counsels
Pathway
Title 28 > Part I > Chapter 3 > Section 49
Details
- Reference: Section 49
- Legend: §49 – Assignment of Judges to Division to Appoint Independent Counsels
- USCode Year: 2013
Provision Content
(a) Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.
(b) Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.
(c) In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices.
(d) The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court.
(e) Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.
(f) Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsels official duties, regardless of whether such independent counsel is still serving in that office.
(Added Pub. L. 95–521, title VI, §602(a), Oct. 26, 1978, 92 Stat. 1873; amended Pub. L. 97–409, §2(b)(1), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 99–554, title I, §144(g)(3), Oct. 27, 1986, 100 Stat. 3097; Pub. L. 100–191, §§4, 5(a), Dec. 15, 1987, 101 Stat. 1307.)
References in Text
The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978.
Amendments
1987—Subsec. (a). Pub. L. 100–191, §4, inserted at end: The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.
Subsec. (f). Pub. L. 100–191, §5(a), substituted involving an independent counsel for involving a independent counsel.
1986—Subsec. (f). Pub. L. 99–554 substituted chapter 40 for chapter 39 in two places.
1983—Pub. L. 97–409, §2(b)(1)(B), substituted independent counsels for special prosecutors in section catchline.
Subsec. (a). Pub. L. 97–409, §2(b)(1)(B), substituted independent counsels for special prosecutors.
Subsec. (f). Pub. L. 97–409, §2(b)(1)(A), (C), substituted independent counsel for special prosecutor wherever appearing and independent counsels for special prosecutors.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.
Effective Date
Section effective Oct. 26, 1978, see section 604 of Pub. L. 95–521, set out as a note under section 591 of this title.
U.S. Encyclopedia of Law Coverage
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