# § 291. Circuit judges
**(a)** The Chief Justice of the United States may, in the public interest, designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit.
**(b)** The chief judge of a circuit or the circuit justice may, in the public interest, designate and assign temporarily any circuit judge within the circuit, including a judge designated and assigned to temporary duty therein, to hold a district court in any district within the circuit.
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**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 900; July 28, 1953, ch. 253, § 2, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 39(b), 68 Stat. 1240; July 9, 1956, ch. 517, § 1(a), 70 Stat. 497; Pub. L. 85–755, § 2, Aug. 25, 1958, 72 Stat. 848; Pub. L. 95–598, title II, § 202, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 97–164, title I, § 108, Apr. 2, 1982, 96 Stat. 28; Pub. L. 102–572, title I, § 104, Oct. 29, 1992, 106 Stat. 4507.)
### Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§ 17, 22 (, §§ 13, 18, ; , ; , §§ 3, 5, ; , ; , ; , ; , ; , ).
Section consolidates all provisions of sections 17 and 22 of title 28, U.S.C., 1940 ed., relating to designation and assignment of circuit judges.
The revised section omits a reference to the Chief Justice contained in said section 22, since in exercising the powers under subsection (b), he acts as a circuit justice.
Paragraph (d) of said section 17, making the section applicable to the United States Court of Appeals for the District of Columbia, is omitted since such court is included in this revision because the District of Columbia is made a separate circuit. (See .)
Provisions of said sections 17 and 22 authorizing the senior Associate Justice to act in the absence of the Chief Justice of the United States were omitted as surplusage in view of specific authority to so act in .
The words in said section 17 “for such time as the business of such district court may require,” were omitted as inconsistent with the language of said , U.S.C., 1940 ed., which employed the words “the public interest requires” and “from time to time and until he shall otherwise direct.” The revised section and sections 294 and 296 of this title make clear the power to make designation and assignment without any limitation of time, to revoke such designation and assignment and to make, from time to time, new designations and assignments.
The term “chief judge” of the circuit was substituted for “senior circuit judge.” (See reviser’s note under .)
References in said sections 17 and 22 to retired judges were omitted as covered by .
Other provisions of said , U.S.C., 1940 ed., are incorporated in sections 292, 295 and 296 of this title.
Other provisions of said , U.S.C., 1940 ed., are incorporated in .
Changes were made in phraseology and arrangement.
## Editorial Notes
### Amendments
1992—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Chief Justice of the United States may designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.”
1982—Subsecs. (b), (c). redesignated subsec. (c) as (b). Former subsec. (b), which authorized the Chief Justice of the United States to designate and temporarily assign any circuit judge to serve as a judge of the Court of Claims or the Court of Customs and Patent Appeals upon presentation to him of a certificate of necessity by the chief judge of the court in which the need arose, was struck out.
1978—Subsec. (c). directed the amendment of subsec. (c) by inserting “or bankruptcy” after “to hold a district”, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.
1958—Subsec. (a). struck out provision for assignment of any judge of the Court of Claims to serve as circuit judge in any circuit. See .
Subsec. (b). redesignated subsec. (c) as (b) and incorporated in it provision for assignment of circuit judges to Court of Customs and Patent Appeals formerly contained in . Former subsec. (b), which provided for assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court for the District of Columbia, was struck out. See .
Subsecs. (c), (d). redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
1956—Subsec. (a). Act , inserted “or any judge of the Court of Claims to serve as a circuit judge in any circuit”.
1954—Subsec. (c). Act , struck out “United States” from name of Court of Claims.
1953—Subsecs. (c), (d). Act , added subsec. (c) and redesignated former subsec. (c) as (d).
## Statutory Notes and Related Subsidiaries
### Effective Date of 1992 Amendment
Amendment by effective , see , set out as a note under , The Congress.
### Effective Date of 1982 Amendment
Amendment by effective , see , set out as a note under .
### Jurisdiction of United States Court of Customs and Patent Appeals
> “Nothing contained in this Act [amending this section and sections 211 and 292 to 295 of this title] shall be construed in any way to limit or alter the jurisdiction heretofore conferred upon the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit] by any provision of law.”
, , , provided that: