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Visiting judge

A visiting judge is a judicial officer, either sitting or retired, who is temporarily assigned by a higher authority—such as a chief justice or presiding judge—to preside over court proceedings in a jurisdiction other than their own, often to address absences, vacancies, or caseload backlogs.^[1] This practice ensures the uninterrupted administration of justice by allowing experienced judges to provide temporary service where local resources are insufficient.^[2] In the United States federal court system, visiting judges are authorized under 28 U.S.C. Chapter 13, enabling judges from one district or circuit to assist another court with trials, sentencing, and pretrial matters, particularly in high-volume districts facing emergencies like prolonged vacancies or speedy trial pressures.^[2] For instance, in 1983, districts such as the Southern District of Florida utilized dozens of visiting judges to manage surges in criminal cases related to drug offenses.^[2] At the state level, similar assignments occur under statutory frameworks; in Ohio, the Chief Justice assigns visiting judges for specific cases or periods up to six months for active judges, drawing from eligible sitting or retired jurists to maintain court efficiency.^[1] In Texas, presiding judges or the Chief Justice of the Supreme Court appoint visiting judges—active, former, retired, or senior—to trial courts within or beyond administrative regions, with eligibility requiring at least 72 months of prior service and adherence to conduct standards.^[3] The role of visiting judges extends beyond domestic courts in some contexts, with retired U.S. judges occasionally serving internationally to support legal systems in developing nations or transitional democracies, promoting judicial expertise exchange while adhering to ethical guidelines.^[4] Overall, this institution balances judicial workload distribution, leverages specialized knowledge, and upholds due process without permanent restructuring of court personnel.^[2]

Definition and Role

Core Concept

A visiting judge is a sitting or retired judge from one jurisdiction who is temporarily assigned to preside over cases in a court outside their regular assignment, typically to alleviate caseload pressures or provide specialized expertise in another venue.^[5]^[6] This role enables the flexible deployment of judicial resources within systems that feature interconnected court hierarchies, allowing for inter-jurisdictional or inter-level assignments without disrupting the judge's primary duties.^[7] Such arrangements originated in historical practices of itinerant justice in common law traditions, where judges traveled to administer law in remote areas.^[4] Visiting judges differ from related temporary judicial roles in key ways. Recall judges are retired Article III judges recalled to serve part-time in any district, often with limited authority and under specific statutory recall provisions, whereas visiting judges are active or senior judges assigned externally to their home court.^[6] Similarly, judges pro tempore are ad hoc appointees, frequently drawn from experienced attorneys without prior full-time judicial service, appointed for short durations to handle specific matters in the absence of a regular judge, lacking the established judicial tenure of visiting judges.^[5] In contrast, visiting judges bring proven experience from established benches to external courts, ensuring continuity and authority in proceedings.^[8] The prerequisite for visiting judges lies in judicial systems with structured hierarchies and enabling legal frameworks, such as those in common law countries, where chief judicial officers can designate assignments across courts to maintain efficiency.^[6] These systems facilitate the interchangeability of judges to address imbalances, like overburdened dockets in trial courts or the need for appellate expertise, while upholding independence and impartiality.^[5]

Key Responsibilities

Visiting judges bear primary responsibility for adjudicating cases in the host court, including hearing motions, conducting trials, managing courtroom proceedings, and issuing binding rulings on assigned matters. Their authority during the assignment is equivalent to that of a permanent judge in the host jurisdiction, enabling them to exercise full judicial powers over the cases they handle.^[6]^[9]^[10] The scope of a visiting judge's role is strictly limited to adjudicative functions, excluding administrative responsibilities such as overseeing court operations, budgeting, personnel management, or developing long-term case dockets. This focus ensures that visiting judges contribute efficiently to caseload relief without interfering in the host court's ongoing governance.^[6]^[9] Ethically, visiting judges must comply with the host court's code of judicial conduct, which governs their behavior to maintain judicial integrity and public confidence. They are required to disclose any conflicts of interest—such as prior involvement in a case or personal relationships with parties—and fully integrate into local procedures for the duration of their assignment, recusing themselves if necessary to avoid bias.^[6]^[9]^[11]

Historical Development

Origins in Common Law

The concept of visiting judges emerged prominently in 17th- and 18th-century England through the established system of assize courts, where judges from London's central higher courts, known as justices of assize, traveled on predefined circuits to preside over serious criminal and civil trials in county towns.^[12] This practice, which built on earlier medieval traditions but became routine by the 17th century, involved biannual sessions where these itinerant judges heard cases ranging from felonies like murder to property disputes, relying on local juries for verdicts while ensuring the application of centralized common law principles.^[12] By dispatching experienced judges from Westminster to provincial areas, the assizes addressed logistical challenges of distance and local bias, laying essential groundwork for temporary judicial assignments that extended royal authority uniformly across the realm.^[12] This English model of circuit-riding judges influenced the American colonies, where common law traditions were adopted to administer justice in scattered settlements. In colonies such as New York and New Jersey, courts of assize were established in the late 17th century—New York's in 1665 under the Duke's Laws and New Jersey's in 1675 as an appellate body—featuring higher officials or appointed judges who oversaw local proceedings to maintain consistency with English legal standards.^[13] These structures mirrored the assizes by having central or appointed authorities visit or supervise peripheral courts, thereby ensuring uniform justice in remote areas prone to inconsistent local practices and adapting common law to colonial conditions like vast frontiers and diverse populations.^[13] The approach prevented parochial variations in law application, promoting a shared legal framework inherited from England.^[14] A pivotal milestone in this evolution occurred with the U.S. Judiciary Act of 1789, which formalized inter-district judicial travel by creating circuit courts across the new nation's 13 districts, requiring Supreme Court justices and district judges to convene periodically in rotating locations.^[15] This legislation implicitly endorsed the visiting judge mechanism by assigning two Supreme Court justices and one district judge to each of three circuits, mandating their travel to hear federal cases and thereby transitioning from the more ad hoc colonial arrangements to a structured national system.^[15] The act's design not only alleviated the burden on fixed local courts but also reinforced federal uniformity, echoing English precedents while adapting to America's expansive geography.^[14]

Evolution in the 20th Century

Following World War II, the U.S. federal court system faced escalating caseloads and backlogs, prompting increased reliance on visiting judges to alleviate judicial overloads and ensure timely case resolutions.^[16] Legislative measures, such as the 1948 amendments to the Judicial Code, expanded the authority to assign district judges to other circuits, building on earlier wartime provisions from 1942 that allowed circuit judges to serve inter-circuit assignments.^[17] By the 1960s, the Judicial Conference of the United States formalized these practices through the Advisory Committee on Intercircuit Assignments (1960–1968), which promoted greater judicial mobility and interchangeability to address growing dockets across circuits.^[18] These initiatives marked a shift from ad hoc assignments to structured programs managed by the Conference's Committee on Intercircuit Assignments, requiring Chief Justice approval under 28 U.S.C. §§ 291(a), 292(d).^[5] Significant legislative developments further institutionalized the visiting judge role in specialized contexts. The Bankruptcy Amendments and Federal Judgeship Act of 1984 restructured bankruptcy courts as units of the district courts, enabling the designation and assignment of federal judges—including visiting ones—to preside over bankruptcy proceedings, thereby enhancing efficiency in handling the surge in filings.^[19] At the state level, many jurisdictions adopted visiting judge mechanisms, adapting models to combat local backlogs and improve administrative efficiency.^[16] The concept of temporary judicial assignments began influencing non-common law systems toward the late 20th century, particularly in civil law countries seeking to modernize commercial dispute resolution. Post-colonial transitions in the 1960s and 1970s led some civil law-influenced jurisdictions to incorporate foreign or visiting judges for specialized courts, while in the early 2000s, countries like those in the Gulf region (e.g., UAE and Qatar) established special economic zones with hybrid systems allowing temporary assignments modeled on common law practices to attract international business.^[4] ^[20] This global diffusion reflected broader efforts to address caseload pressures through flexible judicial deployments, even in traditionally inquisitorial frameworks.^[20]

Appointment Processes

Selection Criteria

Eligibility for serving as a visiting judge in the United States federal court system generally requires the individual to be an active Article III judge or a judge in senior status from a district, circuit, or specialized court such as the Court of International Trade. Senior status, which allows retired judges to continue performing judicial duties, is available to those who are at least 65 years old and have served at least 15 years as a federal judge, or whose ages and years of service total at least 80 under the "rule of 80", provided they have at least 10 years of service and are willing to undertake such assignments.^[7] All eligible judges must be in good standing, free from any ongoing disciplinary proceedings under the Judicial Conduct and Disability Act, ensuring their integrity and impartiality. Additionally, courts often prioritize judges whose expertise aligns with specific caseload needs, such as assigning those with experience in patent law to intellectual property-heavy dockets in specialized venues like the Federal Circuit.^[5] The evaluation process for selecting visiting judges emphasizes several key factors to ensure effective assistance to the borrowing court. Chief judges or judicial councils assess performance reviews and productivity records from the judge's home jurisdiction to confirm reliability and efficiency in handling cases. Availability is a critical consideration, as assignments are temporary and depend on the judge's schedule and consent. Geographic neutrality is also prioritized, with judges typically drawn from outside the circuit or district to minimize potential biases related to local influences or familiarity with parties involved.^[2]^[21] These factors are coordinated through the Judicial Conference's Committee on Intercircuit Assignments for cross-circuit requests, which certifies the need and approves designations by the Chief Justice.^[22]

Term and Compensation

The duration of a visiting judge's assignment varies by jurisdiction and court needs but is generally temporary and renewable. In the federal system, assignments under 28 U.S.C. §§ 291–295 are made on a case-by-case basis, often lasting from a minimum of two weeks for district court general calendars to several months for more extensive caseloads, with the possibility of renewal upon approval by the designating authority such as the chief judge or judicial council.^[6] For example, intercircuit assignments to courts of appeals typically involve a single session of two to three days, while district court block assignments may cover 15 to 20 cases over weeks or longer.^[23] Compensation for visiting judges maintains continuity with their home jurisdiction to prevent any financial incentives influencing assignments. Active federal judges continue to receive their full salary from their originating court during the assignment period, while senior or retired judges draw their regular retirement pay without additional remuneration for the visiting role.^[24] Travel and subsistence expenses, including transportation, lodging, and per diem for the judge and up to two staff members, are reimbursed from the Administrative Office of the U.S. Courts' central fund or the host court's resources, in accordance with 28 U.S.C. § 456 and Judicial Conference regulations.^[25] These reimbursements cover actual and necessary costs, with short-term assignments (under 30 days) aligned to federal per diem rates and longer stays allowing for actual expenses.^[26] Logistical support for visiting judges is coordinated by the host court to facilitate smooth integration. The clerk's office typically handles travel arrangements, such as flights and rental vehicles, and provides housing options ranging from hotels for short stays to apartments for extended periods, often in collaboration with the local Federal Bar Association if needed.^[6] Assigned judges must submit monthly activity reports using Form JS-10A to the Administrative Office, detailing their duties and time spent, while chief judges report usage to circuit judicial councils to monitor program effectiveness and ensure compliance with assignment guidelines.^[6]

Practices in the United States

Federal System

In the U.S. federal court system, the use of visiting judges is primarily governed by 28 U.S.C. §§ 291–298, which establish the legal framework for temporarily assigning judges to other courts to address caseload imbalances, vacancies, or emergencies.^[27] These statutes empower the Chief Justice of the United States to designate circuit judges for service in another circuit under § 291, while chief judges of circuits may assign district judges to sit in other districts within the same circuit or on the court of appeals under § 292.^[28] Additional provisions cover assignments for judges from specialized courts (§ 293), conditions for such designations including consent and reimbursement (§ 295), and the full exercise of judicial powers during assignments (§ 296). Retired Article III judges, including Supreme Court justices, may also be assigned to active duty under § 298, provided they meet performance thresholds for substantial service. The assignment process begins with the chief judge of the borrowing court certifying the need for assistance due to high caseloads, judicial vacancies, or other exigencies, followed by a request submitted to the Judicial Conference of the United States Committee on Intercircuit Assignments. This committee reviews the request, maintains rosters of available judges, and recommends specific intercircuit assignments to the Chief Justice for approval, ensuring equitable distribution across the judiciary.^[5] Intracircuit assignments, handled directly by the circuit's chief judge, are more straightforward and often used for district-level support. Examples of such assignments include emergency deployments to districts facing sudden judge unavailability, such as during recusals or illnesses, or to circuits overwhelmed by appellate surges, thereby maintaining operational continuity without permanent judgeship increases.^[6] A notable development in the federal visiting judge framework is the expansion of the senior judge program during the 1980s, which encouraged retired judges to continue substantial service and facilitated their use in visiting roles to alleviate growing caseload pressures.^[29] This expansion, building on the 1919 creation of senior status, significantly boosted participation, with visiting judges handling approximately 15–20% of caseloads in circuits like the Sixth during that era.^[23] As of fiscal year 2019, the program supported 1,196 approved intercircuit assignments, enabling senior and active judges to conduct visiting sittings that collectively resolve thousands of cases annually.

State Variations

Visiting judge practices in U.S. state courts exhibit significant variations, reflecting differences in judicial administration, geographic needs, and statutory frameworks. In California, the system emphasizes assignments of retired judges to address shortages in rural areas and case overloads statewide. Under the Temporary Assigned Judges Program, eligible retired judges—those retired under the Judges' Retirement System (JRS) or JRS II, deemed physically and mentally fit, and free from disciplinary issues—are approved by the Judicial Council after submitting applications, undergoing background checks, health evaluations, and interviews, followed by mandatory refresher training on current laws.^[30]^[31] These assigned judges, often called "visiting judges," are deployed based on court needs, expertise, and availability, with a particular focus on rural counties facing manpower shortages, thereby enhancing judicial coverage in underserved regions.^[31] In contrast, New York's approach prioritizes urban court backlogs, leveraging cross-assignments and retired judge certifications to manage high caseloads in densely populated areas like New York City. The New York Constitution (Article VI, § 25) authorizes the appellate division to assign retired judges or justices within their judicial department, enabling them to preside over cases in supreme, county, family, surrogate's, and other courts as needed.^[32] During the COVID-19 pandemic, administrative orders in the 7th Judicial District exemplified this by cross-assigning Family Court and County Court judges across counties to handle essential proceedings and mitigate backlogs exacerbated by staffing declines and procedural delays.^[33] Such assignments have been crucial for urban districts, where family and criminal case volumes surged, with strategies like judicial rotation helping to distribute workloads without permanent reallocations.^[33] Eligibility for retired judges as visiting or assigned judges further diverges across states, often tied to age, service length, and certification processes. California's program requires at least 20 years of service for full eligibility under JRS, with assignments limited to those certified annually by the Judicial Council.^[34] In New York, retired judges must consent to assignment and meet no specific age threshold beyond retirement eligibility, allowing broader participation in backlog reduction.^[32] Texas, for instance, permits retired or former judges meeting qualifications under Government Code § 74.055—such as at least 10 years licensed to practice law in Texas before retiring, no felony convictions, and not removed for cause—to serve as visiting judges in district and statutory county courts, emphasizing flexibility for multi-jurisdictional needs.^[3] Ohio's guidelines similarly allow retired judges to be assigned statewide if not removed for cause, but sitting judges require reciprocal agreements for temporary swaps, limited to six months.^[1] While formal interstate compacts specifically for judicial assignments remain absent—unlike compacts for corrections or juveniles—some states facilitate limited cross-state cooperation through informal reciprocity or regional judicial conferences, though these are not binding.^[35] Challenges arise from inconsistent reciprocity agreements, leading to uneven implementation; for example, varying certification standards and lack of uniform protocols hinder seamless cross-state assignments, resulting in reliance on intra-state solutions and occasional ad hoc federal-state collaborations.^[6] This patchwork approach can exacerbate disparities, with rural states like those in the West benefiting less from external support compared to interconnected urban systems.^[6]

International Comparisons

United Kingdom

In the United Kingdom, the equivalent to visiting judges is primarily embodied in the system of circuit judges and recorders, who are routinely assigned to sit in Crown Courts and County Courts across designated regions. This practice is rooted in the Courts Act 1971, which established the unified Crown Court structure, created the salaried office of circuit judge to replace earlier quarter sessions chairmen and recorders, and enabled High Court judges to be assigned to Crown Courts outside their primary base in London for serious criminal cases. High Court judges, typically based at the Royal Courts of Justice, travel to regional court centers to preside over trials, ensuring centralized expertise is distributed nationally.^[36] Modern operations of this system are overseen by the Judicial Appointments Commission (JAC), an independent body established under the Constitutional Reform Act 2005, which selects and recommends circuit judges and recorders through merit-based competitions emphasizing judicial competence, integrity, and diversity.^[37] Circuit judges are appointed to one of six geographic circuits in England and Wales—Midland, North Eastern, Northern, South Eastern, Wales, or Western—and rotate among Crown and County Court locations within their circuit to handle criminal, civil, and family matters, promoting efficient caseload distribution.^[38] Recorders, serving part-time (typically 30 days per year), supplement this by being deployed to specific circuits for less complex cases, with initial appointments lasting five years and often renewable.^[39] This rotational framework, coordinated by presiding judges in each circuit, prioritizes regional equity by balancing workloads, accommodating local case volumes, and fostering familiarity with community contexts to enhance judicial impartiality and accessibility.^[40] Key differences from the United States highlight the UK's emphasis on structured, ongoing rotations rather than ad hoc deployments for emergencies or recusals. In the US, visiting judges are frequently assigned temporarily to address caseload crises or judicial unavailability, as seen in federal circuits where senior or district judges fill gaps on an as-needed basis.^[41] By contrast, the UK model integrates routine circuit assignments to sustain consistent local ties and operational stability, minimizing disruptions while upholding common law traditions of itinerant justice.^[38]

Other Jurisdictions

In civil law jurisdictions, France integrates its overseas territories into the national judicial system, where magistrates from metropolitan France are assigned to courts in remote areas such as French Polynesia or New Caledonia for fixed terms, typically 3-5 years, to maintain uniform application of French law and address staffing challenges due to geographic isolation.^[42] In international courts, ad litem judges play a role analogous to visiting judges by being appointed temporarily from national judiciaries for specific trials in ad hoc tribunals. For instance, the International Criminal Tribunal for the Former Yugoslavia (ICTY) appoints ad litem judges nominated by states parties, who possess qualifications from their home countries and serve only for designated cases, such as war crimes prosecutions, to supplement the permanent bench without full-time commitment. Similarly, the International Criminal Tribunal for Rwanda (ICTR) utilized ad litem judges to handle genocide trials, drawing from national legal experts to expedite proceedings while maintaining impartiality under UN oversight.^[43] This mechanism, established in the 1990s, highlights a hybrid approach blending national and international expertise for time-bound judicial roles.^[44] Emerging practices in common law-influenced systems outside the UK include India's occasional inter-high court assignments of judges following post-2010 judicial reforms aimed at reducing case arrears. Under Article 222 of the Constitution, the Supreme Court Collegium has facilitated transfers of sitting high court judges to other high courts on a temporary or permanent basis to balance workloads and clear backlogs, with notable increases in such movements after the 2011 National Mission for Justice Delivery and Legal Reforms.^[45] For example, in 2023 and 2025, large-scale transfers—such as 24 judges in 2023—were implemented to address pendency exceeding 5 crore cases nationwide, allowing judges to serve in overburdened courts like the Allahabad High Court.^[46] Additionally, Article 224A enables ad hoc appointments of retired high court judges for temporary sittings, a tool revived in 2021 and expanded in 2025 to prioritize criminal appeals amid ongoing reforms.^[47]

Benefits and Criticisms

Advantages

Visiting judges contribute significantly to judicial efficiency by alleviating caseload pressures in overburdened courts, thereby reducing backlogs and accelerating case resolutions. In the federal district courts, for instance, visiting judges terminated 1,713 cases out of 335,473 total filings between September 2020 and September 2021, demonstrating their role in managing high volumes. A 1999 study by the Federal Judicial Center (FJC) highlighted how visiting judges, including 87 active and 82 senior judges across 69 districts, helped dispose of trial-ready civil and criminal cases, enabling districts like Arizona to handle blocks of 15-20 civil matters efficiently. This assistance has been particularly vital in meeting Speedy Trial Act deadlines in districts with heavy criminal loads.^[5]^[6]^[6] The infusion of specialized expertise from visiting judges enhances the quality of judicial proceedings in local courts that may lack depth in particular areas of law. For example, judges with familiarity in state-specific issues, such as diversity jurisdiction cases, can apply nuanced knowledge to resolve complex matters more effectively. This practice allows courts to benefit from external perspectives on niche fields, improving overall decision-making without permanent staffing changes.^[6] Visiting judges promote diversity in judicial perspectives, fostering greater consistency in rulings across jurisdictions by exposing local benches to varied interpretive approaches. In appellate courts, visitors participated in 2,910 decisions out of 47,748 from September 2020 to September 2021, including over 20% of merit cases, which encourages cross-circuit collegiality and alignment on legal standards. This exchange of viewpoints not only enriches deliberations but also helps standardize outcomes in multi-jurisdictional disputes.^[5]^[5]

Challenges and Reforms

The visiting judge system encounters several logistical challenges, including significant travel and per diem expenses that strain judicial budgets and administrative resources. For instance, inter-circuit assignments often require coordination across vast distances, leading courts to prefer local or in-circuit visitors to minimize costs, as seen in the Third Circuit's efforts to reduce out-of-circuit visits. Additionally, the practice can overburden home courts by temporarily depleting their judicial workforce, exacerbating caseload backlogs in the originating districts.^[14]^[48] A primary concern is the potential for inconsistent application of law, stemming from visiting judges' unfamiliarity with local rules, customs, and circuit precedents. This can result in over-deference to resident judges or uneven decision-making, particularly in appeals where visitors may lack deep contextual knowledge. Interviews with federal judges highlight how such gaps can undermine uniformity, with one D.C. Circuit judge noting risks in out-of-circuit assignments. Burnout among visiting judges is another issue, driven by the physical and mental toll of frequent travel and disrupted routines, echoing historical strains from circuit riding while adding modern workload pressures.^[5]^[14]^[48] Criticisms in the 2010s focused on impartiality concerns, especially in politically sensitive cases, where selection processes raised perceptions of ideological bias. The D.C. Circuit, for example, halted inter-circuit visiting assignments from 2008 to 2013 amid complaints of "using liberals" to influence outcomes, reflecting broader worries about politicization documented in empirical studies. Furthermore, disparities in assignments persist, with urban districts receiving more visitors than rural or less populated ones, as evidenced by data from the Second Circuit showing significantly higher visits to the Southern District compared to the Northern District.^[14]^[14] Reform efforts emphasize enhancing preparation and efficiency to address these issues. Proposals include mandatory training on local procedures to mitigate unfamiliarity and inconsistency, alongside expanded use of reverse designations—where appellate judges visit district courts—to foster mutual understanding. Scholars also advocate for standardized assignment protocols and increased judgeships to reduce overall reliance on visitors, thereby alleviating burnout and costs. Recent developments as of 2025 include congressional proposals to add 66 new federal judgeships to address backlogs and lessen dependence on temporary assignments.^[48]^[5]^[49]

References

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“Assigned judge,” also known as a “visiting judge,” means either of the following: (1) A sitting judge whom the Chief Justice assigns to serve temporarily.
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### Summary of Selection Criteria for Visiting Judges in Federal Courts
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Biggest Transfer Of Judges (24) Since Emergency, Says High Court ...
Nov 21, 2023 · "After almost 48 years, 24 judges have been transferred from one high court to another by the Collegium of the Hon'ble Supreme Court," he added.Missing: temporary assignment 2010
[50]
Why did the Supreme Court clear the decks for appointment of ad ...
Feb 3, 2025 · The Supreme Court on January 30, 2025, allowed High Courts to appoint retired judges on an ad-hoc basis, provided they hear only criminal appeals as part of a ...
[51]
[PDF] The Practice of Sitting by Designation in the Federal Judiciary
Mar 13, 2024 · 32 For circuit court judges, the Chief Justice of the United States designates a visiting judge's assignment to another circuit court or ...<|control11|><|separator|>
[52]
[PDF] The West Coast's Rural Access to Justice Crisis - Georgetown Law
ABSTRACT. Geography as Legal Destiny: The West Coast's Rural Access to Justice Crisis examines the steep barriers to legal resources experienced by rural ...
[53]
ABA releases comprehensive survey report revealing key drivers of ...
Dec 23, 2020 · A total of 1,034 of the nation's 18,000 judges participated in the survey, with about eight of 10 on state courts, with others mostly on the ...