Reinstatement of a Federal Judge Following His Service in the Army
The reemployment provisions of the Selective Training and Service Act of 1940 are likely inapplicable to a federal judge.
If the Selective Training and Service Act of 1940 does not run to the benefit of federal judges, Judge William Clark has vacated his judicial office, under the circumstances presented here.
If the Selective Training and Service Act of 1940 does apply, then Judge Clark's resignation may be immaterial, and the prohibition in the Act of July 31, 1894 against holding a second office probably does not apply.
If Judge Clark's further judicial services are desired, he should be given a new appointment, subject to Senate confirmation.
The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20706/download.