---
kind: "section"
citation: "28 U.S.C. § 258"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "258"
heading: "Chief judges; precedence of judges"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/258"
units:
  - "Part I — Organization of Courts"
  - "Chapter 11 — Court of International Trade"
---

# §258. Chief judges; precedence of judges

- (a)
  - (1) The [chief judge](/usc/28/351.md?p=c) of the Court of International Trade shall be the [judge](/usc/28/351.md?p=d-1) of the court in regular active service who is senior in commission of those [judges](/usc/28/351.md?p=d-1) who—
    - (A) are 64 years of age or under;
    - (B) have served for 1 year or more as a [judge](/usc/28/351.md?p=d-1) of the court; and
    - (C) have not served previously as [chief judge](/usc/28/351.md?p=c).
  - (2)
    - (A) In any case in which no [judge](/usc/28/351.md?p=d-1) of the court meets the qualifications under [paragraph (1)](#a-1), the youngest [judge](/usc/28/351.md?p=d-1) in regular active service who is 65 years of age or over and who has served as a [judge](/usc/28/351.md?p=d-1) of the court for 1 year or more shall act as the [chief judge](/usc/28/351.md?p=c).
    - (B) In any case under [subparagraph (A)](#a-2-A) in which there is no [judge](/usc/28/351.md?p=d-1) of the court in regular active service who has served as a [judge](/usc/28/351.md?p=d-1) of the court for 1 year or more, the [judge](/usc/28/351.md?p=d-1) of the court in regular active service who is senior in commission and who has not served previously as [chief judge](/usc/28/351.md?p=c) shall act as the [chief judge](/usc/28/351.md?p=c).
  - (3)
    - (A) Except as provided under [subparagraph (C)](#a-3-C), the [chief judge](/usc/28/351.md?p=c) serving under [paragraph (1)](#a-1) shall serve for a term of 7 years and shall serve after expiration of such term until another [judge](/usc/28/351.md?p=d-1) is eligible under [paragraph (1)](#a-1) to serve as [chief judge](/usc/28/351.md?p=c).
    - (B) Except as provided under [subparagraph (C)](#a-3-C), a [judge](/usc/28/351.md?p=d-1) of the court acting as [chief judge](/usc/28/351.md?p=c) under subparagraph [(A)](#a-2-A) or [(B)](#a-2-B) of paragraph (2) shall serve until a [judge](/usc/28/351.md?p=d-1) meets the qualifications under [paragraph (1)](#a-1).
    - (C) No [judge](/usc/28/351.md?p=d-1) of the court may serve or act as [chief judge](/usc/28/351.md?p=c) of the court after attaining the age of 70 years unless no other [judge](/usc/28/351.md?p=d-1) is qualified to serve as [chief judge](/usc/28/351.md?p=c) under [paragraph (1)](#a-1) or is qualified to act as [chief judge](/usc/28/351.md?p=c) under [paragraph (2)](#a-2).
- (b) The [chief judge](/usc/28/351.md?p=c) shall have precedence and preside at any session of the court which such [judge](/usc/28/351.md?p=d-1) attends. Other [judges](/usc/28/351.md?p=d-1) of the court shall have precedence and preside according to the seniority of their commissions. [Judges](/usc/28/351.md?p=d-1) whose commissions bear the same date shall have precedence according to seniority in age.
- (c) If the [chief judge](/usc/28/351.md?p=c) desires to be relieved of the duties as [chief judge](/usc/28/351.md?p=c) while retaining active status as a [judge](/usc/28/351.md?p=d-1) of the court, the [chief judge](/usc/28/351.md?p=c) may so certify to the Chief Justice of the United States, and thereafter the [chief judge](/usc/28/351.md?p=c) of the court shall be such other [judge](/usc/28/351.md?p=d-1) of the court who is qualified to serve or act as [chief judge](/usc/28/351.md?p=c) under [subsection (a)](#a).
- (d) If a [chief judge](/usc/28/351.md?p=c) is temporarily unable to perform the duties as such, such duties shall be performed by the [judge](/usc/28/351.md?p=d-1) of the court in active service, able and qualified to act, who is next in precedence.

## Source credit

(Added Pub. L. 104–317, title V, § 501(a), Oct. 19, 1996, 110 Stat. 3855.)

## Notes

### Statutory Notes and Related Subsidiaries

### Continuance of Position of Chief Judge

Pub. L. 104–317, title V, § 501(c), Oct. 19, 1996, 110 Stat. 3856, provided that: Notwithstanding the provisions of section 258(a) of title 28, United States Code (as added by subsection (a) of this section), the chief judge of the United States Court of International Trade who is in office on the day before the date of enactment of this Act [Oct. 19, 1996] shall continue to be such chief judge on or after such date until any one of the following events occurs: The chief judge is relieved of his duties under section 258(c) of title 28, United States Code. The regular active status of the chief judge is terminated. The chief judge attains the age of 70 years. The chief judge has served for a term of 7 years as chief judge. When the chief judge vacates the position of chief judge under paragraph (1), the position of chief judge of the Court of International Trade shall be filled in accordance with section 258(a) of title 28, United States Code.”