§7253. Composition

(a) The Court of Veterans Appeals shall be composed of a chief judge and at least two and not more than six associate judges.

(b) The judges of the Court shall be appointed by the President, by and with the advice and consent of the Senate, solely on the grounds of fitness to perform the duties of the office. A person may not be appointed to the Court who is not a member in good standing of the bar of a Federal court or of the highest court of a State. Not more than the number equal to the next whole number greater than one-half of the number of judges of the Court may be members of the same political party.

(c) The term of office of the judges of the Court of Veterans Appeals shall be 15 years.

(d) The chief judge is the head of the Court.

(e)(1) The chief judge of the Court shall receive a salary at the same rate as is received by judges of the United States Courts of Appeals.

(2) Each judge of the Court, other than the chief judge, shall receive a salary at the same rate as is received by judges of the United States district courts.

(f)(1) A judge of the Court may be removed from office by the President on grounds of misconduct, neglect of duty, or engaging in the practice of law. A judge of the Court may not be removed from office by the President on any other ground.

(2) Before a judge may be removed from office under this subsection, the judge shall be provided with a full specification of the reasons for the removal and an opportunity to be heard.

(g)(1) The Court shall prescribe rules, consistent with the provisions of section 372(c) of title 28, establishing procedures for the filing of complaints with respect to the conduct of any judge of the Court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any such complaint, the Court shall have the powers granted to a judicial council under such section.

(2) The provisions of paragraphs (7) through (15) of section 372(c) of title 28, regarding referral or certification to, and petition for review in, the Judicial Conference of the United States and action thereon, shall apply to the exercise by the Court of the powers of a judicial council under paragraph (1) of this subsection. The grounds for removal from office specified in subsection (f)(1) shall provide a basis for a determination pursuant to paragraph (7) or (8) of section 372(c) of title 28, and certification and transmittal by the Conference shall be made to the President for consideration under subsection (f).

(3)(A) In conducting hearings pursuant to paragraph (1), the Court may exercise the authority provided under section 1821 of title 28 to pay the fees and allowances described in that section.

(B) The Court shall have the power provided under section 372(c)(16) of title 28 to award reimbursement for the reasonable expenses described in that section. Reimbursements under this subparagraph shall be made from funds appropriated to the Court.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4114 , §4053; amended Pub. L. 101–94, title I, §102(c), Aug. 16, 1989, 103 Stat. 626 ; renumbered §7253, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238 ; Pub. L. 102–82, §3, Aug. 6, 1991, 105 Stat. 375 ; Pub. L. 102–585, title VIII, §801, Nov. 4, 1992, 106 Stat. 4980 .)

Amendments

1992-Subsec. (g). Pub. L. 102–585 designated existing provisions as par. (1) and added pars. (2) and (3).

1991-Pub. L. 102–40 renumbered section 4053 of this title as this section.

Subsec. (g). Pub. L. 102–82 added subsec. (g).

1989-Subsec. (f)(1). Pub. L. 101–94 inserted "or" before "engaging" and substituted "law" for "law, or physical or mental disability which, in the opinion of the President, prevents the proper execution of the judge's duties".

Initial Appointment of Judges to Court of Veterans Appeals

Section 302 of Pub. L. 100–687 provided that:

"(a) Chief Judge To Be Appointed First.-The President may not appoint an individual to be an associate judge of the United States Court of Veterans Appeals under section 4053(b) [now 7253(b)] of title 38, United States Code, as added by section 301, until the chief judge of such Court has been appointed. The President shall, during the period beginning on January 21, 1989, and ending on April 1, 1989, nominate an individual for appointment to the position of chief judge of such Court.

"(b) Judges.-Subject to subsection (a), judges of the Court of Veterans Appeals may be appointed after February 1, 1989."

Section Referred to in Other Sections

This section is referred to in section 7297 of this title.