Chief Judge Vacancy

(a) In General. To ensure continuity of court operations when a vacancy arises in the chief judge’s position and the President has not yet exercised to designate a successor under 28 U.S.C. § 171(b), the powers and duties assigned to the chief judge will be exercised on a temporary, emergency basis as follows: (1) by the judge in regular active service who is senior in commission of those judges who: (A) are 69 years of age or less; (B) have served for one year or more as a judge; and (C) have not served previously as chief (2) no opposition to the motion has been judge; timely filed; or (3) opposing counsel files a consent. The clerk may not allow enlargements that exceed 60 days in total. (b) Signing an Order for an Absent Judge. If an order is required and the assigned judge is unavailable, an order may be presented to the chief judge or to another judge designated by the assigned judge for signature. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008.) Rules Committee Notes 2002 Revision RCFC 77.2 has no FRCP counterpart. The rule has been changed in several respects. First, former subdivisions (a) and (b) were combined into a new subdivision (a). Second, language in former subdivision (a) relating to the “permanent withdrawal of papers” was deleted to reflect corresponding changes in RCFC 77.3 that abolish the practice of permitting the withdrawal of papers from the clerk’s office. Third, former subdivisions (c) and as unnecessary. Finally, new subdivision (b) reflects text transferred from former subdivision (g) of RCFC 77. (d) were deleted (2) in the event that no judge meets the age qualification set forth in paragraph (a)(1) above, by the youngest judge in regular active service who: (A) is 70 years of age or more; (B) has served for one year or more as a judge; and (C) has not served previously as chief judge; or (3) in the event that no judge in regular active service has served for one year or more, by the judge in regular active service who: (A) is senior in commission; and (B) has not served previously as chief judge. (b) Scope. The authority granted by this rule expires immediately upon the President’s designation of a chief judge pursuant to 28 U.S.C. § 171(b). (Added July 1, 2019.) Rules Committee Notes 2019 Adoption In accordance with 28 U.S.C. § 171(b), the President has the authority to designate one of the active judges of the court who is less than 70 years of age to serve as chief judge. The statute 93 RCFC 77.2 and 77.3 does not, however, address who is to perform the duties of the chief judge when a vacancy arises in that office and the President has not yet exercised the authority to appoint a new chief judge under 28 U.S.C. § 171(b). RCFC 77.3 has been adopted to address these concerns by following, with appropriate modifications, of precedence for the designation of a chief judge that is applicable to the district courts as prescribed by 28 U.S.C. § 136(a)(1), (2). order the