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A visiting judge is a judge appointed to hear a case as a member of a court to which he or she does not ordinarily belong. In United States federal courts, this is referred to as an assignment "by designation" of the Chief Justice of the United States (for inter-circuit assignments) or the Circuit Justice (for intra-circuit assignments), and is authorized by 28 U.S.C. § 292.
In many United States Courts of Appeals it is not uncommon for a district judge to sit on a panel as a visiting judge; less frequently it is a judge from another circuit (in active service or, more commonly, in senior status). Retired Supreme Court justices have done the same, including Justices O'Connor and Souter, and very unusually, sitting Justices (in 1984, for example, then-Justice William Rehnquist served as a visiting judge for a jury trial in the United States District Court for the Eastern District of Virginia.). This is sometimes done to ease caseload pressures, and sometimes (as in Rehnquist's case) for experience.
- ^ Baker, Dan. "Sitting by Designation" in Nota Bena, "a blog by the librarians of the University of Houston O'Quinn Law Library" on Wednesday, April 25, 2012. Retrieved 19 Sep 2012.
- ^ Stahl-Reisdorff, Nicholle, The Use of Visiting Judges in the Federal District Courts: A Guide for Judges & Court Personnel PDF retrieved 19 Sep 2012.
- ^ Saltzman, Jonathan (29 April 2008). "O'Connor to hear cases as visiting judge to Hub court: Ex-justice to serve US appeals court". The Boston Globe. Retrieved 19 Sep 2012.
- ^ Thomas, Evan (June 30, 1986). "Reagan's Mr. Right". Time Magazine. Retrieved May 19, 2013.
- ^ Marek, Lynne (August 29, 2006). "Exacting Easterbrook to Be Chief of 7th Circuit". The National Law Journal. Retrieved May 19, 2013. Discussing Frank H. Easterbrook on the United States Court of Appeals for the Seventh Circuit.