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U.S. Code as of:
01/19/04
Section 372. Retirement for disability; substitute judge on failure to retire
(a) Any justice or judge of the United States appointed to hold
office during good behavior who becomes permanently disabled from
performing his duties may retire from regular active service, and
the President shall, by and with the advice and consent of the
Senate, appoint a successor.
Any justice or judge of the United States desiring to retire
under this section shall certify to the President his disability in
writing.
Whenever an associate justice of the Supreme Court, a chief judge
of a circuit or the chief judge of the Court of International
Trade, desires to retire under this section, he shall furnish to
the President a certificate of disability signed by the Chief
Justice of the United States.
A circuit or district judge, desiring to retire under this
section, shall furnish to the President a certificate of disability
signed by the chief judge of his circuit.
A judge of the Court of International Trade desiring to retire
under this section, shall furnish to the President a certificate of
disability signed by the chief judge of his court.
Each justice or judge retiring under this section after serving
ten years continuously or otherwise shall, during the remainder of
his lifetime, receive the salary of the office. A justice or judge
retiring under this section who has served less than ten years in
all shall, during the remainder of his lifetime, receive one-half
the salary of the office.
(b) Whenever any judge of the United States appointed to hold
office during good behavior who is eligible to retire under this
section does not do so and a certificate of his disability signed
by a majority of the members of the Judicial Council of his circuit
in the case of a circuit or district judge, or by the Chief Justice
of the United States in the case of the Chief Judge of the Court of
International Trade, or by the chief judge of his court in the case
of a judge of the Court of International Trade, is presented to the
President and the President finds that such judge is unable to
discharge efficiently all the duties of his office by reason of
permanent mental or physical disability and that the appointment of
an additional judge is necessary for the efficient dispatch of
business, the President may make such appointment by and with the
advice and consent of the Senate. Whenever any such additional
judge is appointed, the vacancy subsequently caused by the death,
resignation, or retirement of the disabled judge shall not be
filled. Any judge whose disability causes the appointment of an
additional judge shall, for purpose of precedence, service as chief
judge, or temporary performance of the duties of that office, be
treated as junior in commission to the other judges of the circuit,
district, or court.
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