Pub. L. 95-521, tit. VI, sec. 602

assignment of judges to division to appoint special prosecutors

EnactedYear: 1978Length: 385 wordsOfficial source
assignment of judges to division to appoint special prosecutors Sec. 602. (a) Chapter 3 of title 28 of the United States Code is amended by adding at the end the following: “§49. Assignment of judges to division to appoint special prosecutors “(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 special prosecutors. “(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 92 STAT. 1874occurs and in the same manner as initial assignments to such division were made. “(f) Except as otherwise provided in chapter 39 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 39 of this title involving a special prosecutor shall be eligible to participate in any judicial proceeding concerning a matter which involves such special prosecutor while such special prosecutor is serving in that office or which involves the exercise of such special prosecutor’s official duties, regardless of whether such special prosecutor is still serving in that office.”. (b) The table of sections for chapter 3 of title 28 of the United States Code is amended by adding at the end the following item: “49. Assignment of judges to division to appoint special prosecutors.”.