[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 353 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 353

 To clarify the circumstances under which a senior circuit court judge 
                may cast a vote in a case heard en banc.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 3 (legislative day, January 30), 1995

   Mr. Simon introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To clarify the circumstances under which a senior circuit court judge 
                may cast a vote in a case heard en banc.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. AMENDMENT TO TITLE 28.

    Section 46(c) of title 28, United States Code, is amended by adding 
at the end the following new sentence: ``A circuit court judge who is 
in regular active service at the time of a rehearing en banc, but who 
retires from active service prior to the issuance of a decision, shall 
be competent to participate in such en banc decision.''.
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