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H.R. 9290IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 3 · H.R. 9290

Allotment of Supreme Court justices to circuits

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(a) In general Section 42 of title 28, United States Code is amended to read as follows: 42. Allotment of Supreme Court justices to circuits (a) In general The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. The Chief Justice shall make such allotments for any recess during the period beginning on July 1 and ending on October 1, or while the court is otherwise in vacation. A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit. (b) Process A justice of the Supreme Court allotted as a circuit justice to a United States Court of Appeals shall serve consistent with the following: (1) The justice shall sit on not less than 1 panel of the Court of Appeals. (2) The justice shall sit on one or more panels of the United States Courts of Appeals for not less than 10 days of oral argument during each year. (3) To the greatest extent practicable, a justice shall not sit with the same judge for more than 10 days of oral argument during any two-year period. (4) The justice shall engage in such service during the time period specified in subsection (a), pursuant to the regulations provided in subsection (d). (5) No more than one justice may sit on a panel in order to fulfill the requirements of this section. (6) The justice is ineligible to vote on or participate in an en banc rehearing of any matter. (7) The justice is eligible to vote for panel rehearing to the extent that they were a member of the original panel. (8) The justice may not render such service by video argument or teleconference. (c) Scheduling The chief judge of each circuit shall schedule proceedings such that the justices may fulfill the requirements of this section. (d) Reimbursement of necessary expenses Provision shall be made for payment of reasonable travel, lodging, and other expenses incurred by the justices, and any staff accompanying a justice, in fulfilling the requirements of this section consistent with section 5702 of title 5, United States Code.. (b) Disqualification Section 455(b) of title 28, United States Code, is amended by adding at the end the following: (6) For any consideration of a matter after the justice has participated as a circuit justice.. (c) Regulations Not later than 180 days after the date of enactment of this Act, the Chief Justice, in consultation with the Judicial Conference of the United States shall, after appropriate public notice and opportunity for comment, issue relevant regulations for the process of allotting circuit justices among the circuits in accordance with this Act.

Sec. 3: Allotment of Supreme Court justices to circuits · Public Law Tracker