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U.S. Code as of:
01/19/04
Section 49. Assignment of judges to division to appoint independent counsels
(a) Beginning with the two-year period commencing on the date of
the enactment of this section, three judges or justices shall be
assigned for each successive two-year period to a division of the
United States Court of Appeals for the District of Columbia to be
the division of the court for the purpose of appointing independent
counsels. The Clerk of the United States Court of Appeals for the
District of Columbia Circuit shall serve as the clerk of such
division of the court and shall provide such services as are needed
by such division of the court.
(b) Except as provided under subsection (f) of this section,
assignment to such division of the court shall not be a bar to
other judicial assignments during the term of such division.
(c) In assigning judges or justices to sit on such division of
the court, priority shall be given to senior circuit judges and
retired justices.
(d) The Chief Justice of the United States shall designate and
assign three circuit court judges or justices, one of whom shall be
a judge of the United States Court of Appeals for the District of
Columbia, to such division of the court. Not more than one judge or
justice or senior or retired judge or justice may be named to such
division from a particular court.
(e) Any vacancy in such division of the court shall be filled
only for the remainder of the two-year period in which such vacancy
occurs and in the same manner as initial assignments to such
division were made.
(f) Except as otherwise provided in chapter 40 of this title, no
member of such division of the court who participated in a function
conferred on the division under chapter 40 of this title involving
an independent counsel shall be eligible to participate in any
judicial proceeding concerning a matter which involves such
independent counsel while such independent counsel is serving in
that office or which involves the exercise of such independent
counsel's official duties, regardless of whether such independent
counsel is still serving in that office.
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