PART I—ORGANIZATION OF COURTS
7.
United States Court of Federal Claims
171
11.
Court of International Trade
251
13.
Assignment of judges to other courts
291
15.
Conferences and councils of judges
331
16.
Complaints against judges and judicial discipline
351
17.
Resignation and retirement of judges
1371
19.
Distribution of reports and digests
411
21.
General provisions applicable to courts and judges
451
23.
Civil justice expense and delay reduction plans
471
Editorial Notes
Amendments
2002—Pub. L. 107–273, div. C, title I, §11042(b), Nov. 2, 2002, 116 Stat. 1855, added item for chapter 16.
1992—Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516, substituted "United States Court of Federal Claims" for "United States Claims Court" in item for chapter 7.
1990—Pub. L. 101–650, title I, §103(d), Dec. 1, 1990, 104 Stat. 5096, added item for chapter 23.
1984—Pub. L. 98–353, title I, §104(b), July 10, 1984, 98 Stat. 342, added item for chapter 6.
1982—Pub. L. 97–164, title I, §§105(b), 106, Apr. 2, 1982, 96 Stat. 28, substituted "United States Claims Court" for "Court of Claims" in item for chapter 7 and struck out item for chapter 9 "Court of Customs and Patent Appeals".
1980—Pub. L. 96–417, title V, §501(1), Oct. 10, 1980, 94 Stat. 1742, substituted "Court of International Trade" for "Customs Court" in item for chapter 11.
1978—Pub. L. 98–598, title II, §201(b), Nov. 6, 1978, 92 Stat. 2660, directed amendment of analysis of chapters comprising part I by adding item for chapter 6 "Bankruptcy courts", which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Executive Documents
Executive Order No. 11992
Ex. Ord. No. 11992, May 24, 1977, 42 F.R. 27195, which established Committee on Selection of Federal Judicial Officers and provided for its membership, functions, etc., was revoked, and Committee terminated, by Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.
CHAPTER 1—SUPREME COURT
1.
Number of justices; quorum.
3.
Vacancy in office of Chief Justice; disability.
4.
Precedence of associate justices.
6.
Records of former court of appeals.
§1. Number of justices; quorum
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
(June 25, 1948, ch. 646, 62 Stat. 869.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §321 (Mar. 3, 1911, ch. 231, §215, 36 Stat. 1152).
Appointment of "judges of the Supreme Court" by the President by and with the advice and consent of the Senate is provided by U.S. Constitution art. 2, §2, cl. 2.
Statutory Notes and Related Subsidiaries
Short Title of 2024 Amendment
Pub. L. 118–73, §1, July 30, 2024, 138 Stat. 1504, provided that: "This Act [amending sections 124 and 128 of this title] may be cited as the 'Improving Access to Our Courts Act'."
Short Title of 2023 Amendment
Pub. L. 117–354, §1, Jan. 5, 2023, 136 Stat. 6270, provided that: "This Act [enacting section 540D of this title and section 20306 of Title 34, Crime Control and Law Enforcement, amending sections 20301 to 20305 of Title 34, and repealing section 20306 of Title 34] may be cited as the 'Respect for Child Survivors Act'."
Short Title of 2022 Amendment
Pub. L. 117–252, §1, Dec. 20, 2022, 136 Stat. 2359, provided that: "This Act [amending provisions set out as a note preceding section 81 of this title] may be cited as the 'Pro bono Work to Empower and Represent Act of 2021' or the 'POWER 2.0 Act'."
Short Title of 2021 Amendment
Pub. L. 116–325, §1, Jan. 12, 2021, 134 Stat. 5086, provided that: "This Act [amending sections 375, 589a, and 1930 of this title and section 330 of Title 11, Bankruptcy, and enacting provisions set out as notes under sections 152, 589a, and 1930 of this title and section 330 of Title 11] may be cited as the 'Bankruptcy Administration Improvement Act of 2020'."
Short Title of 2019 Amendment
Pub. L. 116–73, §1, Nov. 26, 2019, 133 Stat. 1154, provided that: "This Act [amending section 83 of this title and enacting provisions set out as a note under section 83 of this title] may be cited as the 'Divisional Realignment for the Eastern District of Arkansas Act of 2019'."
Short Title of 2018 Amendment
Pub. L. 115–332, §1, Dec. 19, 2018, 132 Stat. 4487, provided that: "This Act [amending section 1631 of this title] may be cited as the 'Protecting Access to the Courts for Taxpayers Act'."
Short Title of 2017 Amendment
Pub. L. 115–72, div. B, §1001, Oct. 26, 2017, 131 Stat. 1229, provided that: "This division [enacting section 1232 of Title 11, Bankruptcy, amending section 1930 of this title and sections 1222, 1228, and 1229 of Title 11, and enacting provisions set out as notes under sections 152, 589a, and 1930 of this title and section 1222 of Title 11] may be cited as the 'Bankruptcy Judgeship Act of 2017'."
Short Title of 2016 Amendment
Pub. L. 114–319, §1, Dec. 16, 2016, 130 Stat. 1618, provided that: "This Act [amending section 1605 of this title and enacting provisions set out as notes under section 1605 of this title] may be cited as the 'Foreign Cultural Exchange Jurisdictional Immunity Clarification Act'."
Short Title of 2015 Amendment
Pub. L. 114–74, title VII, §701(a), Nov. 2, 2015, 129 Stat. 599, provided that: "This section [amending and repealing provisions set out as notes under section 2461 of this title] may be cited as the 'Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015'."
Short Title of 2012 Amendment
Pub. L. 112–188, §1, Oct. 5, 2012, 126 Stat. 1433, provided that: "This Act [amending sections 104 and 105 of this title and enacting provisions set out as a note under section 104 of this title] may be cited as the 'Divisional Realignment Act of 2012'."
Pub. L. 112–121, §1, May 25, 2012, 126 Stat. 346, provided that: "This Act [amending sections 589a and 1930 of this title, enacting provisions set out as notes under sections 152, 589a, and 1931 of this title, and amending provisions set out as a note under section 1931 of this title] may be cited as the 'Temporary Bankruptcy Judgeships Extension Act of 2012'."
Short Title of 2011 Amendment
Pub. L. 112–63, §1(a), Dec. 7, 2011, 125 Stat. 758, provided that: "This Act [enacting sections 1390 and 1455 of this title, amending sections 1332, 1391, 1404, 1441, 1446, and 1453 of this title, repealing section 1392 of this title, and enacting provisions set out as notes under sections 1332 and 1390 of this title] may be cited as the 'Federal Courts Jurisdiction and Venue Clarification Act of 2011'."
Pub. L. 112–62, §1, Nov. 29, 2011, 125 Stat. 756, provided that: "This Act [amending section 2107 of this title and enacting provisions set out as notes under section 2107 of this title] may be cited as the 'Appeal Time Clarification Act of 2011'."
Pub. L. 112–51, §1, Nov. 9, 2011, 125 Stat. 545, provided that: "This Act [amending sections 1442, 1446, and 1447 of this title] may be cited as the 'Removal Clarification Act of 2011'."
Pub. L. 111–369, §1, Jan. 4, 2011, 124 Stat. 4068, provided that: "This Act [amending section 534 of this title] may be cited as the 'Access to Criminal History Records for State Sentencing Commissions Act of 2010'."
Short Title of 2010 Amendment
Pub. L. 111–342, §1, Dec. 22, 2010, 124 Stat. 3607, provided that: "This Act [amending section 2467 of this title] may be cited as the 'Preserving Foreign Criminal Assets for Forfeiture Act of 2010'."
Pub. L. 111–223, §1, Aug. 10, 2010, 124 Stat. 2380, provided that: "This Act [enacting chapter 181 of this title and provisions set out as a note under section 4101 of this title] may be cited as the 'Securing the Protection of our Enduring and Established Constitutional Heritage Act' or the 'SPEECH Act'."
Short Title of 2009 Amendment
Pub. L. 111–122, §1, Dec. 22, 2009, 123 Stat. 3480, provided that: "This Act [enacting section 509B of this title, amending sections 1103 and 1182 of Title 8, Aliens and Nationality, and sections 1091 and 2339A of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 1182 of Title 8] may be cited as the 'Human Rights Enforcement Act of 2009'."
Short Title of 2008 Amendment
Pub. L. 110–406, §1(a), Oct. 13, 2008, 122 Stat. 4291, provided that: "This Act [enacting section 2045 of this title, amending sections 103, 123, 333, 991, 1864, 1866, 1869, 1871, 1875, and 1920 of this title, section 104 of Title 11, Bankruptcy, and sections 3006A, 3152, 3154, 3161, 3563, 3583, 3599, and 3672 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under sections 123 and 1871 of this title] may be cited as the 'Judicial Administration and Technical Amendments Act of 2008'."
Pub. L. 110–177, §1, Jan. 7, 2008, 121 Stat. 2534, provided that: "This Act [see Tables for classification] may be cited as the 'Court Security Improvement Act of 2007'."
Short Title of 2007 Amendment
Pub. L. 110–34, §1, June 14, 2007, 121 Stat. 224, provided that: "This Act [amending section 546 of this title and enacting provisions set out as a note under section 546 of this title] may be cited as the 'Preserving United States Attorney Independence Act of 2007'."
Short Title of 2005 Amendments
Pub. L. 109–63, §1, Sept. 9, 2005, 119 Stat. 1993, provided that: "This Act [amending sections 48, 141, 152, and 636 of this title] may be cited as the 'Federal Judiciary Emergency Special Sessions Act of 2005'."
Pub. L. 109–8, title XII, §1223(a), Apr. 20, 2005, 119 Stat. 196, provided that: "This section [amending section 152 of this title and enacting provisions set out as notes under section 152 of this title] may be cited as the 'Bankruptcy Judgeship Act of 2005'."
Pub. L. 109–2, §1(a), Feb. 18, 2005, 119 Stat. 4, provided that: "This Act [enacting chapter 114 and section 1453 of this title, amending sections 1332, 1335, and 1603 of this title, and enacting provisions set out as notes under sections 1332, 1711, 2071, and 2074 of this title] may be cited as the 'Class Action Fairness Act of 2005'."
Short Title of 2002 Amendment
Pub. L. 107–273, div. C, title I, §11020(a), Nov. 2, 2002, 116 Stat. 1826, provided that: "This section [enacting sections 1369, 1697, and 1785 of this title, amending sections 1391 and 1441 of this title, and enacting provisions set out as a note under section 1369 of this title] may be cited as the 'Multiparty, Multiforum Trial Jurisdiction Act of 2002'."
Pub. L. 107–273, div. C, title I, §11041, Nov. 2, 2002, 116 Stat. 1848, provided that: "This subtitle [subtitle C (§§11041–11044) of title I of div. C of Pub. L. 107–273, enacting chapter 16 of this title, amending sections 331, 332, 372, 375, and 604 of this title, and section 7253 of Title 38, Veterans' Benefits, and enacting provisions set out as a note under section 351 of this title] may be cited as the 'Judicial Improvements Act of 2002'."
Short Title of 2000 Amendment
Pub. L. 106–518, §1(a), Nov. 13, 2000, 114 Stat. 2410, provided that: "This Act [enacting sections 179 and 613 of this title, amending sections 117, 175, 332, 371, 376, 604, 611, 612, 627, 631, 636, 797, 996, 1865, 1930, and 2671 of this title, sections 3102 and 5551 of Title 5, Government Organization and Employees, section 1228 of Title 11, Bankruptcy, sections 3006A and 3401 of Title 18, Crimes and Criminal Procedure, and section 13n of former Title 40, Public Buildings, Property, and Works, repealing section 2520 of this title, enacting provisions set out as notes under sections 613, 996, and 1931 of this title, and amending provisions set out as notes under sections 471, 581, and 1931 of this title] may be cited as the 'Federal Courts Improvement Act of 2000'."
Short Title of 1998 Amendment
Pub. L. 105–315, §1, Oct. 30, 1998, 112 Stat. 2993, provided that: "This Act [amending sections 651 to 658 of this title, enacting provisions set out as notes under section 651 of this title, and repealing provisions set out as a note under section 652 of this title] may be cited as the 'Alternative Dispute Resolution Act of 1998'."
Short Title of 1996 Amendment
Pub. L. 104–317, §1(a), Oct. 19, 1996, 110 Stat. 3847, provided that: "This Act [enacting sections 258 and 1932 of this title, amending sections 112, 125, 134, 251, 253, 331, 332, 371, 376, 601, 621, 627, 636, 753, 954, 1332, 1404, 1406, 1442, 1446, 1827, 1914, 1931, and 1963 of this title, sections 3154, 3401, and 3603 of Title 18, Crimes and Criminal Procedure, sections 1983 and 1988 of Title 42, The Public Health and Welfare, and sections 719, 743, 745, 1104, and 1105 of Title 45, Railroads, enacting provisions set out as notes under sections 258, 1332, 1404, 1827, 1914, 1931, and 2412 of this title and section 719 of Title 45, and amending provisions set out as notes under sections 133, 152, 471, and 1913 of this title] may be cited as the 'Federal Courts Improvement Act of 1996'."
Short Title of 1994 Amendments
Pub. L. 103–420, §1, Oct. 25, 1994, 108 Stat. 4343, provided that: "This Act [amending section 612 of this title, amending provisions set out as notes under sections 471 and 651 of this title, and repealing provisions set out as a note under section 651 of this title] may be cited as the 'Judicial Amendments Act of 1994'."
Pub. L. 103–383, §1, Oct. 20, 1994, 108 Stat. 4063, provided that: "This Act [enacting section 1738B of this title and provisions set out as a note under section 1738B of this title] may be cited as the 'Full Faith and Credit for Child Support Orders Act'."
Pub. L. 103–270, §1, June 30, 1994, 108 Stat. 732, provided that: "This Act [amending sections 591 to 596 and 599 of this title and enacting provisions set out as notes under section 591 of this title and section 113 of Title 3, The President] may be cited as the 'Independent Counsel Reauthorization Act of 1994'."
Short Title of 1992 Amendments
Pub. L. 102–572, §1, Oct. 29, 1992, 106 Stat. 4506, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Courts Administration Act of 1992'."
Pub. L. 102–572, title IX, §901, Oct. 29, 1992, 106 Stat. 4516, provided that: "This title [see Tables for classification] may be cited as the 'Court of Federal Claims Technical and Procedural Improvements Act of 1992'."
Pub. L. 102–559, §1, Oct. 28, 1992, 106 Stat. 4227, provided that: "This Act [enacting chapter 178 of this title and provisions set out as a note under section 3701 of this title] may be cited as the 'Professional and Amateur Sports Protection Act'."
Pub. L. 102–417, §1, Oct. 14, 1992, 106 Stat. 2138, provided that: "This Act [amending section 1821 of this title and enacting provisions set out as a note under section 1821 of this title] may be cited as the 'Incarcerated Witness Fees Act of 1991'."
Pub. L. 102–361, §1, Aug. 26, 1992, 106 Stat. 965, provided that: "This Act [amending section 152 of this title and enacting provisions set out as a note under section 152 of this title] may be cited as the 'Bankruptcy Judgeship Act of 1992'."
Short Title of 1990 Amendments
Pub. L. 101–650, §1, Dec. 1, 1990, 104 Stat. 5089, provided: "That this Act [see Tables for classification] may be cited as the 'Judicial Improvements Act of 1990'."
Pub. L. 101–650, title I, §101, Dec. 1, 1990, 104 Stat. 5089, provided that: "This title [enacting chapter 23 of this title and provisions set out as notes under section 471 of this title] may be cited as the 'Civil Justice Reform Act of 1990'."
Pub. L. 101–650, title II, §201, Dec. 1, 1990, 104 Stat. 5098, provided that: "This title [amending sections 44 and 133 of this title and enacting provisions set out as notes under sections 44, 133, and 331 of this title] may be cited as the 'Federal Judgeship Act of 1990'."
Pub. L. 101–650, title III, §301, Dec. 1, 1990, 104 Stat. 5104, provided that: "This title [enacting sections 178, 1367, and 1658 of this title and section 8440b of Title 5, Government Organization and Employees, amending sections 108, 112, 122, 133, 152, 158, 332, 333, 375, 376, 377, 601, 602, 604, 631, 636, 995, 996, 1334, 1391, 1441, 1452, 1499, 1605, 1610, 1821, 1871, and 2072 of this title, sections 8331, 8334, 8336, 8339, and 8402 of Title 5, provisions set out in the Appendix to Title 5, and section 305 of Title 11, Bankruptcy, renumbering section 15 of Title 9, Arbitration, as section 16 of Title 9, enacting provisions set out as notes under sections 376, 620, 631, 1367, and 1658 of this title, section 8331 of Title 5, section 307 of Title 11, and sections 3006A and 3551 of Title 18, Crimes and Criminal Procedure, and amending provisions set out as notes under sections 533 and 581 of this title] may be cited as the 'Federal Courts Study Committee Implementation Act of 1990'."
Pub. L. 101–650, title IV, §401, Dec. 1, 1990, 104 Stat. 5122, provided that: "This title [amending sections 332, 372, 453, and 2077 of this title and provisions set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 332 and 372 of this title] may be cited as the 'Judicial Discipline and Removal Reform Act of 1990'."
Pub. L. 101–647, title XXXVI, §3601, Nov. 29, 1990, 104 Stat. 4933, provided that: "This title [enacting chapter 176 and section 2044 of this title, amending sections 550, 1962, 1963, and 2410 of this title, section 523 of Title 11, Bankruptcy, and sections 3142 and 3552 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 3001 of this title] may be cited as the 'Federal Debt Collection Procedures Act of 1990'."
Short Title of 1988 Amendments
Pub. L. 100–702, §1, Nov. 19, 1988, 102 Stat. 4642, provided that: "This Act [see Tables for classification] may be cited as the 'Judicial Improvements and Access to Justice Act'."
Pub. L. 100–702, title VII, §701, Nov. 19, 1988, 102 Stat. 4654, provided that: "This title [amending section 1827 of this title and enacting provisions set out as notes under section 1827 of this title] may be cited as the 'Court Interpreter Amendments Act of 1988'."
Pub. L. 100–694, §1, Nov. 18, 1988, 102 Stat. 4563, provided that: "This Act [enacting section 831c–2 of Title 16, Conservation, amending sections 2671, 2674, and 2679 of this title, and enacting provisions set out as notes under sections 2671 and 2679 of this title] may be cited as the 'Federal Employees Liability Reform and Tort Compensation Act of 1988'."
Pub. L. 100–659, §1, Nov. 15, 1988, 102 Stat. 3910, provided that: "This Act [enacting section 377 of this title and section 8440a of Title 5, Government Organization and Employees, amending sections 155, 375, 376, 604, 631, and 636 of this title and sections 8334 and 8402 of Title 5, and enacting provisions set out as notes under sections 376 and 377 of this title] may be cited as the 'Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988'."
Short Title of 1987 Amendment
Pub. L. 100–191, §1, Dec. 15, 1987, 101 Stat. 1293, provided that: "This Act [enacting section 599 of this title, amending sections 49 and 591 to 598 of this title, sections 203 and 205 of Pub. L. 95–521, set out in the Appendix to Title 5, Government Organization and Employees, and section 202 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as a note under section 591 of this title, and amending provisions set out as a note under section 591 of this title] may be cited as the 'Independent Counsel Reauthorization Act of 1987'."
Short Title of 1986 Amendments
Pub. L. 99–657, §1, Nov. 14, 1986, 100 Stat. 3670, provided that: "This Act [amending sections 90 and 121 of this title and enacting provisions set out as a note under section 121 of this title] may be cited as the 'Judicial Housekeeping Act of 1986'."
Pub. L. 99–570, §1151, Oct. 27, 1986, 100 Stat. 3207–12, provided that: "This subtitle [subtitle D (§§1151–1153) of title I of Pub. L. 99–570, amending section 524 of this title, section 1963 of Title 18, Crimes and Criminal Procedure, section 1613a of Title 19, Customs Duties, and section 853 of Title 21, Food and Drugs, and repealing section 1613b of Title 19] may be cited as the 'Department of Justice Assets Forfeiture Fund Amendments Act of 1986'."
Pub. L. 99–363, §1, July 11, 1986, 100 Stat. 770, provided that: "This Act [amending section 994 of this title] may be cited as the 'Sentencing Guidelines Act of 1986'."
Pub. L. 99–336, §1, June 19, 1986, 100 Stat. 633, provided that: "This Act [amending sections 376, 620, 1441, 1914, and 2342 of this title, section 288d of Title 2, The Congress, and sections 8706, 8714a, 8714b, and 8714c of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 376, 620, 1441, 1914, and 2342 of this title, and section 8706 of Title 5] may be cited as the 'Judicial Improvements Act of 1985'."
Short Title of 1984 Amendments
Pub. L. 98–620, title IV, §404, Nov. 8, 1984, 98 Stat. 3361, provided that: "This subtitle [subtitle B (§§404–411) of title IV of Pub. L. 98–620, amending sections 85, 90, 93, 112, 124, and 126 of this title and enacting provisions set out as notes under sections 85, 90, 93, and 124 of this title] may be cited as the 'Federal District Court Organization Act of 1984'."
Pub. L. 98–620, title IV, prec. §412, Nov. 8, 1984, 98 Stat. 3362, provided that: "This subtitle [subtitle C (§§412–416) of title IV of Pub. L. 98–620, enacting section 798 of this title, amending section 1292 of this title, section 1071 of Title 15, Commerce and Trade, section 1337 of Title 19, Customs Duties, and sections 142 to 144 of Title 35, Patents, and enacting provisions set out as notes under section 713 of this title and section 142 of Title 35] may be cited as the 'Technical Amendments to the Federal Courts Improvement Act of 1982'."
For short title of Pub. L. 98–353 as the Bankruptcy Amendments and Federal Judgeship Act of 1984, see section 1 of Pub. L. 98–353, set out as a note under section 151 of this title.
Short Title of 1983 Amendment
Pub. L. 97–409, §1, Jan. 3, 1983, 96 Stat. 2039, provided: "That this Act [amending sections 49, 591, and 592 to 598 of this title and amending provisions set out as a note under section 591 of this title] may be cited as the 'Ethics in Government Act Amendments of 1982'."
Short Title of 1982 Amendments
For short title of sections 2 to 6 of Pub. L. 97–394 as the Indian Claims Limitation Act of 1982, see section 1 of Pub. L. 97–394, set out as a note under section 2415 of this title.
Pub. L. 97–292, §1, Oct. 12, 1982, 96 Stat. 1259, provided: "That this Act [amending section 534 of this title] may be cited as the 'Missing Children Act'."
Pub. L. 97–164, §1, Apr. 2, 1982, 96 Stat. 25, provided: "That this Act [see Tables for classification] may be cited as the 'Federal Courts Improvement Act of 1982'."
Short Title of 1980 Amendments
Pub. L. 96–486, §1, Dec. 1, 1980, 94 Stat. 2369, provided: "That this Act [amending section 1331 of this title and section 2072 of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 1331 of this title] may be cited as the 'Federal Question Jurisdictional Amendments Act of 1980'."
Pub. L. 96–462, §1, Oct. 15, 1980, 94 Stat. 2053, provided that: "This Act [amending sections 84, 95, 105, 113, and 124 of this title and enacting provisions set out as notes under sections 84, 95, 105, and 113 of this title] may be cited as the 'Federal District Court Organization Act of 1980'."
Pub. L. 96–458, §1, Oct. 15, 1980, 94 Stat. 2035, provided that: "This Act [amending sections 331, 332, 372, and 604 of this title and enacting provisions set out as notes under section 331 of this title] may be cited as the 'Judicial Councils Reform and Judicial Conduct and Disability Act of 1980'."
Pub. L. 96–452, §1, Oct. 14, 1980, 94 Stat. 1994, provided: "That this Act [amending sections 41, 44, and 48 of this title and enacting provisions set out as notes under section 41 of this title] may be cited as the 'Fifth Circuit Court of Appeals Reorganization Act of 1980'."
Pub. L. 96–417, §1, Oct. 10, 1980, 94 Stat. 1727, provided: "That this Act [see Tables for classification] may be cited as the 'Customs Courts Act of 1980'."
Short Title of 1979 Amendment
For short title of Pub. L. 96–82, as the "Federal Magistrate Act of 1979", see section 1 of Pub. L. 96–82, set out as a note under section 631 of this title.
Short Title of 1978 Amendments
For short title of Pub. L. 95–572 as the "Jury System Improvements Act of 1978", see section 1 of Pub. L. 95–572, set out as a note under section 1861 of this title.
Pub. L. 95–539, §1, Oct. 28, 1978, 92 Stat. 2040, provided: "That this Act [enacting sections 1827 and 1828 of this title, amending sections 602 to 604 and 1920 of this title, enacting provisions set out as notes under section 602 of this title, and repealing provisions set out as a note under section 602 of this title] may be cited as the 'Court Interpreters Act'."
Pub. L. 95–408, §1, Oct. 2, 1978, 92 Stat. 883, provided that: "This Act [amending sections 89, 93, 97, 98, 104, 112, 114, 133 of this title and enacting provisions set out as a note under section 89 of this title] may be cited as the 'Federal District Court Organization Act of 1978'."
Short Title of 1976 Amendments
Pub. L. 94–583, §1, Oct. 21, 1976, 90 Stat. 2891, provided: "That this Act [enacting sections 1330 and 1602 to 1611 of this title, amending sections 1332, 1391, and 1441 of this title, and enacting provisions set out as notes under section 1602 of this title] may be cited as the 'Foreign Sovereign Immunities Act of 1976'."
Pub. L. 94–554, §1, Oct. 19, 1976, 90 Stat. 2603, provided: "That this Act [amending section 376 of this title and enacting provisions set out as notes under section 376 of this title] may be cited as the 'Judicial Survivors' Annuities Reform Act'."
Short Title of 1970 Amendment
Pub. L. 91–271, title I, §101, June 2, 1970, 84 Stat. 274, provided that: "This title [enacting sections 256 and 257 of this title, amending sections 253 to 255, 1541, 1582, 2601, 2602, and 2631 to 2639 of this title, repealing sections 1583 and 2640 to 2642 of this title, and enacting provisions set out as a note under section 256 of this title] may be cited as 'The Customs Courts Act of 1970'."
Short Title of 1966 Amendment
Pub. L. 89–504, title II, §201, July 18, 1966, 80 Stat. 293, provided that: "This title [enacting provisions set out as notes under sections 603, 604, and 753 of this title] may be cited as the 'Federal Judicial Salary Act of 1966'."
Short Title of 1964 Amendment
Pub. L. 88–426, title IV, §401, Aug. 14, 1964, 78 Stat. 433, provided that: "This title [amending sections 5, 44, 135, 173, 213, 252, 603, and 792 of this title, section 867 of Title 10, Armed Forces, section 68 of former Title 11, Bankruptcy, and section 7443 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 603, 604 and 753 of this title] may be cited as the 'Federal Judicial Salary Act of 1964'."
Gifts to the United States Supreme Court
Pub. L. 108–356, §3, Oct. 21, 2004, 118 Stat. 1416, provided that: "The Chief Justice or his designee is authorized to accept, hold, administer, and utilize gifts and bequests of personal property pertaining to the history of the United States Supreme Court or its justices, but gifts or bequests of money shall be covered into the Treasury."
§2. Terms of court
The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary.
(June 25, 1948, ch. 646, 62 Stat. 869.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §338 (Mar. 3, 1911, ch. 231, §230, 36 Stat. 1156; Sept. 6, 1916, ch. 448, §1, 39 Stat. 726).
Minor changes in phraseology were made.
§3. Vacancy in office of Chief Justice; disability
Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified.
(June 25, 1948, ch. 646, 62 Stat. 869.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §323 (Mar. 3, 1911, ch. 231, §217, 36 Stat. 1152).
The sentence, "This provision shall apply to every Associate Justice who succeeds to the office of Chief Justice", was omitted as covered by last portion of revised section.
Minor changes were made in phraseology.
For seniority of commissions, see section 4 of this title.
§4. Precedence of associate justices
Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age.
(June 25, 1948, ch. 646, 62 Stat. 869.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §322 (Mar. 3, 1911, ch. 231, §216, 36 Stat. 1152).
Minor changes in phraseology were made.
§5. Salaries of justices
The Chief Justice and each associate justice shall each receive a salary at annual rates determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title.
(June 25, 1948, ch. 646, 62 Stat. 870; Mar. 2, 1955, ch. 9, §1(a), 69 Stat. 9; Pub. L. 88–426, title IV, §403(a), Aug. 14, 1964, 78 Stat. 434; Pub. L. 94–82, title II, §205(b)(1), Aug. 9, 1975, 89 Stat. 422.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §324 (Mar. 3, 1911, ch. 231, §218, 36 Stat. 1152; Dec. 13, 1926, ch. 6, §1, 44 Stat. 919; July 31, 1946, ch. 704, §1, 60 Stat. 716).
The provision "to be paid monthly" was omitted since the time of payment of salaries is a matter of administrative convenience. (See 20 Comp. Gen. 834.)
Minor changes in phraseology were made.
Editorial Notes
References in Text
Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90–206, Dec. 16, 1967, 81 Stat. 642, which is classified to chapter 11 (§351 et seq.) of Title 2, The Congress.
Amendments
1975—Pub. L. 94–82 substituted provisions setting the annual salary of the Chief Justice and each associate justice at rates determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provisions granting the Chief Justice and each associate justice a salary of $40,000 and $39,500 a year, respectively.
1964—Pub. L. 88–426 increased salary of Chief Justice from $35,500 to $40,000 and that of Associate Justices from $35,000 to $39,500.
1955—Act Mar. 2, 1955, increased salary of Chief Justice from $25,500 to $35,500 and salaries of Associate Justices from $25,000 to $35,000 a year.
Statutory Notes and Related Subsidiaries
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under section 4501 of Title 2, The Congress.
Statutory Notes and Executive Documents
Salary Increases
For adjustment of salaries of Chief Justice and Associate Justices under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.
For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress.
For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees.
Salary of Chief Justice increased from $20,500 to $25,500 a year, and salaries of associate justices increased from $20,000 to $25,000 a year, by act July 31, 1946, ch. 704, §1, 60 Stat. 716.
Salary of Chief Justice increased from $15,000 to $20,500 a year, and salaries of associate justices increased from $14,500 to $20,000 a year, by act Dec. 13, 1926, ch. 6, §1, 44 Stat. 919.
Salary of Chief Justice set at $15,000 a year and salaries of associate justices set at $14,500 a year by Judicial Code of 1911, act Mar. 3, 1911, ch. 231, §1, 36 Stat. 1152.
§6. Records of former court of appeals
The records and proceedings of the court of appeals, appointed previous to the adoption of the Constitution, shall be kept until deposited with the National Archives of the United States in the office of the clerk of the Supreme Court, who shall furnish copies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court. Such copies shall have the same faith and credit as proceedings of the Supreme Court.
(June 25, 1948, ch. 646, 62 Stat. 870; Oct. 25, 1951, ch. 562, §4(7), 65 Stat. 640.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §329 (Mar. 3, 1911, ch. 231, §222, 36 Stat. 1153).
In a letter dated August 8, 1944, the clerk of the Supreme Court advised that many of the early records mentioned in this section were destroyed by fire. Others are on file in the Clerk's office.
Minor changes in phraseology were made.
Editorial Notes
Amendments
1951—Act Oct. 25, 1951, inserted "until deposited with the National Archives of the United States" in first sentence.
CHAPTER 3—COURTS OF APPEALS
41.
Number and composition of circuits.
42.
Allotment of Supreme Court justices to circuits.
43.
Creation and composition of courts.
44.
Appointment, tenure, residence and salary of circuit judges.
45.
Chief judges; precedence of judges.
46.
Assignment of judges; panels; hearings; quorum.
47.
Disqualification of trial judge to hear appeal.
49.
Assignment of judges to division to appoint independent counsels.
Editorial Notes
Amendments
1983—Pub. L. 97–409, §2(b)(2), Jan. 3, 1983, 96 Stat. 2039, substituted "independent counsels" for "special prosecutors" in item 49.
1978—Pub. L. 95–521, title VI, §602(b), Oct. 26, 1978, 92 Stat. 1874, added item 49.
Pub. L. 95–486, §5(c), Oct. 20, 1978, 92 Stat. 1633, substituted "panels" for "divisions" in item 46.
§41. Number and composition of circuits
The thirteen judicial circuits of the United States are constituted as follows:
| Circuits | Composition |
|---|
| District of Columbia |
District of Columbia. |
| First |
Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island. |
| Second |
Connecticut, New York, Vermont. |
| Third |
Delaware, New Jersey, Pennsylvania, Virgin Islands. |
| Fourth |
Maryland, North Carolina, South Carolina, Virginia, West Virginia. |
| Fifth |
District of the Canal Zone, Louisiana, Mississippi, Texas. |
| Sixth |
Kentucky, Michigan, Ohio, Tennessee. |
| Seventh |
Illinois, Indiana, Wisconsin. |
| Eighth |
Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota. |
| Ninth |
Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii. |
| Tenth |
Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming. |
| Eleventh |
Alabama, Florida, Georgia. |
| Federal |
All Federal judicial districts. |
(June 25, 1948, ch. 646, 62 Stat. 870; Oct. 31, 1951, ch. 655, §34, 65 Stat. 723; Pub. L. 96–452, §2, Oct. 14, 1980, 94 Stat. 1994; Pub. L. 97–164, title I, §101, Apr. 2, 1982, 96 Stat. 25.)
Historical and Revision Notes
Based on title 28, U.S.C. 1940 ed., §211, and section 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 12, 1900, ch. 191, §35, 31 Stat. 85; Mar. 3, 1911, ch. 231, §116, 36 Stat. 1131; Jan. 28, 1915, ch. 22, §§1, 2, 38 Stat. 803; Mar. 2, 1917, ch. 145, §42, 39 Stat. 966; Feb. 13, 1925, ch. 229, §§1, 13, 43 Stat. 936, 942; Jan. 31, 1928, ch. 14, §1, 45 Stat. 54; Feb. 28, 1929, ch. 363, §1, 45 Stat. 1346; May 17, 1932, ch. 190, 47 Stat. 158).
Form of section was simplified.
The District of Columbia was added as a separate circuit. This is in accord with the decision of the Supreme Court of the United States which held the Court of Appeals for the District of Columbia to be a circuit court of appeals within the Transfer Act of Sept. 14, 1922, ch. 305, 42 Stat. 837, incorporated in the Judicial Code as §238(a), but repealed by act Feb. 13, 1925, ch. 229, §13, 43 Stat. 942. (See Swift and Co. v. U.S., 1928, 48 S.Ct. 311, 276 U.S. 311, 72 L.Ed. 587.)
In recognizing the District of Columbia as a separate circuit, the Supreme Court recently used this language: "* * * the eleven circuits forming the single federal judicature * * *". Comm'r. v. Bedford's Estate, 65 S.Ct. 1157, at page 1160, 325 U.S. 283, 89 L.Ed. 611.
See section 17 of title 28, U.S.C., 1940 ed., providing, "For the purposes of sections 17–23 of this title, the District of Columbia shall be deemed to be a judicial circuit * * *", and act Dec. 23, 1944, ch. 724, 58 Stat. 925, which amended section 215 of title 28, U.S.C., 1940 ed., incorporated in section 42 of this title. Such amendment provided that for the purposes of said section 215 "the District of Columbia shall be deemed to be a judicial circuit."
Many other acts of Congress have recognized the District of Columbia as a separate circuit. (See the following acts; Aug. 24, 1937, ch. 754, 50 Stat. 751; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5, 1939, ch. 433, 53 Stat. 1204; Aug. 7, 1939, ch. 501, 53 Stat. 1223; Dec. 29, 1942, ch. 835, 56 Stat. 1094; May 11, 1944, ch. 192, 58 Stat. 218; Dec. 23, 1944, ch. 724, 58 Stat. 925.)
See also the following acts recognizing the Court of Appeals for the District of Columbia as a circuit court of appeals: Aug. 15, 1921, ch. 64, 42 Stat. 162; July 5, 1935, ch. 372, 49 Stat. 454; Aug. 24, 1937, ch. 754, 50 Stat. 751; Apr. 6, 1942, ch. 210, 56 Stat. 198; May 9, 1942, ch. 295, 56 Stat. 271. See also Rule 81(d) Federal Rules of Civil Procedure.
In the following cases the Supreme Court of the United States has recognized the status of the Court of Appeals of the District of Columbia as a permanent establishment within the federal judicial system: O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356; Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed. 972; Claiborne-Annapolis Ferry v. United States, 1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808; United States v. California Canneries, 1929, 49 S.Ct. 423, 279 U.S. 553, 73 L.Ed. 838.
Alaska, Canal Zone, and Virgin Islands were added to the 9th, 5th, and 3rd Circuits, respectively, to conform to section 1294 of this title.
Some of the provisions of section 864 of title 48, U.S.C., 1940 ed., have been retained in said title. For those which were incorporated in other sections of this revised title, see Distribution Table.
Editorial Notes
Amendments
1982—Pub. L. 97–164 increased number of judicial circuits from twelve to thirteen through addition of Federal circuit composed of all Federal judicial districts.
1980—Pub. L. 96–452 substituted "twelve" for "eleven" in text preceding table, substituted "District of the Canal Zone" for "Alabama, Canal Zone, Florida, Georgia" in item relating to fifth circuit, and added new item relating to eleventh circuit.
1951—Act Oct. 31, 1951, inserted reference to Guam in that part relating to composition of Ninth judicial circuit.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Pub. L. 96–452, §12, Oct. 14, 1980, 94 Stat. 1996, provided that: "This Act and the amendments made by this Act [amending this section and sections 44 and 48 of this title, and enacting provisions set out as notes under this section] shall take effect on October 1, 1981."
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.
Commission on Structural Alternatives for the Federal Courts of Appeals
Pub. L. 105–119, title III, §305, Nov. 26, 1997, 111 Stat. 2491, established Commission on Structural Alternatives for the Federal Courts of Appeals, directed Commission to study division of United States into judicial circuits, study structure and alignment of Federal Court of Appeals system, and report to President and Congress its recommendations of changes needed to expeditiously and effectively dispose of caseload of Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process, provided for Commission's membership and compensation of members and staff, authorized appropriations, and provided for termination of Commission 90 days after submission of its report.
Assignment of Judges and Procedure for Administration of Pending Cases With Regard to Reorganization of the Fifth Circuit Court of Appeals
Pub. L. 96–452, §§5–10, Oct. 14, 1980, 94 Stat. 1994, 1995, provided that:
"Sec. 5. Each circuit judge in regular active service of the former fifth circuit whose official station on the day before the effective date of this Act [Oct. 1, 1981]—
"(1) is in Louisiana, Mississippi, or Texas is assigned as a circuit judge of the new fifth circuit; and
"(2) is in Alabama, Florida, or Georgia is assigned as a circuit judge of the eleventh circuit.
"Sec. 6. Each judge who is a senior judge of the former fifth circuit on the day before the effective date of this Act [Oct. 1, 1981] may elect to be assigned to the new fifth circuit or to the eleventh circuit and shall notify the Director of the Administrative Office of the United States Courts of such election.
"Sec. 7. The seniority of each judge—
"(1) who is assigned under section 5 of this Act; or
"(2) who elects to be assigned under section 6 of this Act;
shall run from the date of commission of such judge as a judge of the former fifth circuit.
"Sec. 8. The eleventh circuit is authorized to hold terms or sessions of court at New Orleans, Louisiana, until such time as adequate facilities for such court are provided in Atlanta, Georgia.
"Sec. 9. The provisions of the following paragraphs of this section apply to any case in which, on the day before the effective date of this Act [Oct. 1, 1981], an appeal or other proceeding has been filed with the former fifth circuit:
"(1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act [amending sections 41, 44, and 48 of this title, and enacting provisions set out as notes under this section] had not been enacted.
"(2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which it would have gone had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court.
"(3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act [Oct. 1, 1981], or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1) of this section, shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted.
"Sec. 10. As used in sections 5, 6, 7, 8, and 9 of this Act, the term—
"(1) 'former fifth circuit' means the fifth judicial circuit of the United States as in existence on the day before the effective date of this Act [Oct. 1, 1981];
"(2) the term 'new fifth circuit' means the fifth judicial circuit of the United States established by the amendment made by section 2(2) of this Act [amending item relating to the fifth circuit in this section]; and
"(3) the term 'eleventh circuit' means the eleventh judicial circuit of the United States established by the amendment made by section 2(3) of this Act [adding item relating to the eleventh circuit in this section]."
Administrative Action by Fifth Circuit Court of Appeals; Termination of Court
Pub. L. 96–452, §11, Oct. 14, 1980, 94 Stat. 1996, provided that: "The court of appeals for the fifth circuit as constituted on the day before the effective date of this Act [Oct. 1, 1981] may take such administrative action as may be required to carry out this Act [amending sections 41, 44, and 48 of this title, and enacting provisions set out as notes under this section]. Such court shall cease to exist for administrative purposes on July 1, 1984."
Appeals Court Administrative Units
Pub. L. 95–486, §6, Oct. 20, 1978, 92 Stat. 1633, provided that: "Any court of appeals having more than 15 active judges may constitute itself into administrative units complete with such facilities and staff as may be prescribed by the Administrative Office of the United States Courts, and may perform its en banc function by such number of members of its en banc courts as may be prescribed by rule of the court of appeals."
Northern Mariana Islands
Pub. L. 95–157, §1(a), Nov. 8, 1977, 91 Stat. 1265, provided that the Northern Mariana Islands be part of the same judicial circuit as Guam, i.e., the Ninth Circuit. See section 1694(a) of Title 48, Territories and Insular Possessions.
Commission on Revision of the Federal Appellate System
Pub. L. 92–489, Oct. 13, 1972, 86 Stat. 807, as amended by Pub. L. 93–420, Sept. 19, 1974, 88 Stat. 1153, provided for the establishment, membership, travel expenses, personnel, experts and consultants, administrative and research services, cooperation of other governmental agencies, and appropriations of not to exceed $606,000 of a Commission on Revision of the Federal Court Appellate System which Commission was to study the geographical division of the judicial circuits and the structure and internal procedures of the appellate court system and to report to the President, Congress, and the Chief Justice its recommendations for changes in the geographical boundaries of the circuits to expedite disposition of judicial business and for changes in the appellate court structure to expedite disposition of the appellate courts caseload in a manner consistent with fundamental concepts of fairness and due process. The Commission was to cease existence ninety days after submission of its final report, which report was submitted June 20, 1975.
Continuation of Organization of Court
Act June 25, 1948, ch. 646, §2(b), 62 Stat. 985, provided in part that the provisions of this title as set out in section 1 of act June 25, 1948, with respect to the organization of each of the several courts therein provided, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title, pursuant to his prior appointment.
§42. Allotment of Supreme Court justices to circuits
The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. The Chief Justice may make such allotments in vacation.
A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit.
(June 25, 1948, ch. 646, 62 Stat. 870.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §215 (Mar. 3, 1911, ch. 231, §119, 36 Stat. 1131; Dec. 23, 1944, ch. 724, 58 Stat. 925).
The authority of the Chief Justice in vacation to assign a circuit justice to more than one circuit was extended by omitting the phrase "whenever by reason of death or resignation, no Justice is allotted to a circuit."
The provision in section 215 of Title 28, U.S.C., 1940 ed., that, for the purposes of said section, the "District of Columbia shall be deemed to be a judicial circuit," was omitted, since the District of Columbia is made a judicial circuit by section 41 of this title.
The last paragraph was added to make clear the intent of Congress that the powers of the Court to assign the justices among the several circuits should be completely flexible.
Changes were made in phraseology.
§43. Creation and composition of courts
(a) There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit.
(b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.
(June 25, 1948, ch. 646, 62 Stat. 870; Pub. L. 88–176, §1(a), Nov. 13, 1963, 77 Stat. 331.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §212 (Mar. 3, 1911, ch. 231, §117, 36 Stat. 1131).
The provision in section 212 of title 28, U.S.C., 1940 ed., for a three-judge court of appeals was permissive and did not limit the power of the court to sit in banc. Thus, subsection (b) reflects present status of law, namely, that court is composed of not only circuit judges of the circuit in active service, of whom there may be more than three, but the circuit justice or justices and judges who may be assigned or designated to the court. (See Textile Mills Securities Corporation v. Commissioner of Internal Revenue, 1942, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249 and Reviser's Notes under section 46 of this title.)
Words "with appellate jurisdiction, as hereinafter limited and established" were omitted as covered by section 1291 et seq. of this title, conferring appellate jurisdiction on the courts of appeals.
The term "court of appeals" was substituted in this section and throughout this title for the term "circuit court of appeals."
Provision for a quorum of the court is now covered by section 46(d) of this title.
Editorial Notes
Amendments
1963—Subsec. (b). Pub. L. 88–176 inserted "regular" before "active service".
Statutory Notes and Related Subsidiaries
Change of Name of Court
Act June 25, 1948, ch. 646, §2(b), 62 Stat. 985, provided in part that each circuit court of appeals should, after Sept. 1, 1948, be known as a United States Court of Appeals, but that the enactment of act June 25, 1948 should in no way entail any loss of rights, interruption of jurisdiction, or prejudice to matters pending in any such courts on Sept. 1, 1948.
§44. Appointment, tenure, residence and salary of circuit judges
(a) The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows:
| Circuits | Number of Judges |
|---|
| District of Columbia |
11 |
| First |
6 |
| Second |
13 |
| Third |
14 |
| Fourth |
15 |
| Fifth |
17 |
| Sixth |
16 |
| Seventh |
11 |
| Eighth |
11 |
| Ninth |
29 |
| Tenth |
12 |
| Eleventh |
12 |
| Federal |
12. |
(b) Circuit judges shall hold office during good behavior.
(c) Except in the District of Columbia, each circuit judge shall be a resident of the circuit for which appointed at the time of his appointment and thereafter while in active service. While in active service, each circuit judge of the Federal judicial circuit appointed after the effective date of the Federal Courts Improvement Act of 1982, and the chief judge of the Federal judicial circuit, whenever appointed, shall reside within fifty miles of the District of Columbia. In each circuit (other than the Federal judicial circuit) there shall be at least one circuit judge in regular active service appointed from the residents of each state 1 in that circuit.
(d) Each circuit judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title.
(June 25, 1948, ch. 646, 62 Stat. 871; Aug. 3, 1949, ch. 387, §1, 63 Stat. 493; Feb. 10, 1954, ch. 6, §1, 68 Stat. 8; Mar. 2, 1955, ch. 9, §1(b), 69 Stat. 10; Pub. L. 87–36, §1(b), May 19, 1961, 75 Stat. 80; Pub. L. 88–426, title IV, §403(b), Aug. 14, 1964, 78 Stat. 434; Pub. L. 89–372, §1(b), Mar. 18, 1966, 80 Stat. 75; Pub. L. 90–347, §3, June 18, 1968, 82 Stat. 184; Pub. L. 94–82, title II, §205(b)(2), Aug. 9, 1975, 89 Stat. 422; Pub. L. 95–486, §3(b), Oct. 20, 1978, 92 Stat. 1632; Pub. L. 96–452, §3, Oct. 14, 1980, 94 Stat. 1994; Pub. L. 97–164, title I, §102, Apr. 2, 1982, 96 Stat. 25; Pub. L. 98–353, title II, §201(b), July 10, 1984, 98 Stat. 346; Pub. L. 101–650, title II, §202(b), Dec. 1, 1990, 104 Stat. 5099; Pub. L. 102–198, §10(c), Dec. 9, 1991, 105 Stat. 1626; Pub. L. 105–119, title III, §307, Nov. 26, 1997, 111 Stat. 2493; Pub. L. 110–177, title V, §509(a), Jan. 7, 2008, 121 Stat. 2543.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §213, and sections 11–201, 11–202, District of Columbia Code, 1940 ed. (Feb. 9, 1893, ch. 74, §1, 27 Stat. 434; Mar. 3, 1901, ch. 854, §§221, 222, 31 Stat. 1224; Mar. 3, 1911, ch. 231, §118, 36 Stat. 1131; Jan. 13, 1912, ch. 9, 37 Stat. 52; Feb. 25, 1919, ch. 29, §2, 40 Stat. 1156; Sept. 14, 1922, ch. 306, §6, 42 Stat. 840; Mar. 3, 1925, ch. 437, 43 Stat. 1116; Dec. 13, 1926, ch. 6, §1, 44 Stat. 919; Feb. 28, 1929, ch. 363, §2, 45 Stat. 1347; Mar. 1, 1929, ch. 413, §§1, 2, 45 Stat. 1414; June 10, 1930, ch. 437, 46 Stat. 538; June 10, 1930, ch. 438, 46 Stat. 538; June 19, 1930, ch. 538, 46 Stat. 785; June 16, 1933, ch. 102, 48 Stat. 310; Aug. 2, 1935, ch. 425, §1, 49 Stat. 508; June 24, 1936, ch. 735, §1, 49 Stat. 1903; Apr. 14, 1937, ch. 80, 50 Stat. 64; May 31, 1938, ch. 290, §§1, 3, 52 Stat. 584, 585; May 24, 1940, ch. 209, §1, 54 Stat. 219; Dec. 14, 1942, ch. 731, 56 Stat. 1050; Dec. 7, 1944, ch. 521, §1, 58 Stat. 796; July 31, 1946, ch. 704, §1, 60 Stat. 716).
This section includes the members of the United States Court of Appeals for the District of Columbia and designates them as "judges" rather than as "justices", thus harmonizing it with the provisions of section 41 of this title, which specifically designates the District of Columbia as a judicial circuit of the United States. In doing so it consolidates sections 11–201, 11–202 of the District of Columbia Code, 1940 ed., which provided for one "chief justice" and five associate "justices."
Act February 9, 1893, established a court of appeals for the District of Columbia to consist of one chief justice and two associate justices whose jurisdiction was almost entirely to review the judgments of the Supreme Court of the District of Columbia, the name of which was changed in 1936 to the District Court of the United States for the District of Columbia. Circuit courts were established by the first Judiciary Act of September 24, 1789, §4, and R.S. §608, enacted June 22, 1874. R.S. §605 provided that the words "circuit justice" and "justice of a circuit" should designate the justice of the Supreme Court of the United States allotted to any circuit; that "judge" when applied to any circuit included such justice.
The Judiciary Appropriation Act, 1945, Act June 26, 1944, ch. 277, §202, 58 Stat. 358, provided that as used in that Act, "the term 'circuit court of appeals' includes the United States Court of Appeals for the District of Columbia; the term 'senior circuit judge' includes the Chief Justice of the United States Court of Appeals for the District of Columbia; and the term 'circuit judge' includes associate justice of the United States Court of Appeals for the District of Columbia; and the term 'judge' includes justice."
Provisions in section 11–202 of the District of Columbia Code, 1940 ed., and section 213 of title 28, U.S.C., 1940 ed., for payment of salaries in monthly installments were omitted, since time of payment is a matter of administrative convenience (20 Comp. Gen. 834).
The exception in subsection (c) extends to circuit judges in the District of Columbia the effect of the recent decision in U.S. ex rel. Laughlin v. Eicher, D.C. 1944, 56 F.Supp. 972, holding that residence requirement of section 1 of title 28, U.S.C., 1940 ed., did not apply to district judges in the District of Columbia. (See Reviser's Note under section 134 of this title.)
The provision in section 213 of the title 28, U.S.C., 1940 ed., that "it shall be the duty of each circuit judge in each circuit to sit as one of the judges of the circuit court of appeals in that circuit from time to time according to law," was omitted as unnecessary since the duty to serve is implied by the creation and composition of the court in section 43 of this title.
Last sentence, providing that nothing in section 213 of title 28, U.S.C., 1940 ed., should prevent a circuit judge from holding district court as provided by law, was omitted as unnecessary. (See section 291 of this title authorizing assignments to district courts.)
Subsection (b) was added in conformity with the U.S. Constitution, art. 3.
Changes were made in phraseology.
References in Text
The effective date of the Federal Courts Improvement Act of 1982, referred to in subsec. (c), is the effective date of Pub. L. 97–164, Oct. 1, 1982. See Effective Date of 1982 Amendment note set out under section 171 of this title.
Section 225 of the Federal Salary Act of 1967, referred to in subsec. (d), is section 225 of Pub. L. 90–206, Dec. 16, 1967, 81 Stat. 642, which is classified to chapter 11 (§351 et seq.) of Title 2, The Congress.
Editorial Notes
Amendments
2008—Subsec. (a). Pub. L. 110–177, §509(a)(2), substituted "29" for "28" in item relating to Ninth Circuit.
Pub. L. 110–177, §509(a)(1), substituted "11" for "12" in item relating to District of Columbia Circuit.
1997—Subsec. (c). Pub. L. 105–119 inserted at end "In each circuit (other than the Federal judicial circuit) there shall be at least one circuit judge in regular active service appointed from the residents of each state in that circuit."
1991—Subsec. (c). Pub. L. 102–198 substituted "the Federal Courts Improvement Act of 1982" for "this Act".
1990—Subsec. (a). Pub. L. 101–650 altered number of permanent circuit judgeships in named circuits as follows:
| Circuits | Former | New |
|---|
| Third |
12 |
14 |
| Fourth |
11 |
15 |
| Fifth |
16 |
17 |
| Sixth |
15 |
16 |
| Eighth |
10 |
11 |
| Tenth |
10 |
12 |
1984—Subsec. (a). Pub. L. 98–353 altered number of permanent circuit judgeships in named circuits as follows:
| Circuits | Former | New |
|---|
| District of Columbia |
11 |
12 |
| First |
4 |
6 |
| Second |
11 |
13 |
| Third |
10 |
12 |
| Fourth |
10 |
11 |
| Fifth |
14 |
16 |
| Sixth |
11 |
15 |
| Seventh |
9 |
11 |
| Eighth |
9 |
10 |
| Ninth |
23 |
28 |
| Tenth |
8 |
10 |
| Eleventh |
12 |
12 |
| Federal |
12 |
12 |
1982—Subsec. (a). Pub. L. 97–164, §102(a), inserted item relating to Federal circuit with 12 judges.
Subsec. (c). Pub. L. 97–164, §102(b), inserted provision relating to requirement that judges of Federal judicial circuit reside within fifty miles of the District of Columbia.
1980—Subsec. (a). Pub. L. 96–452 substituted "14" for "26" in item relating to Fifth Circuit, and added item relating to Eleventh Circuit.
1978—Subsec. (a). Pub. L. 95–486 altered number of permanent circuit judgeships in the named circuits as follows:
| Circuits | Former | New |
|---|
| District of Columbia |
9 |
11 |
| First |
3 |
4 |
| Second |
9 |
11 |
| Third |
9 |
10 |
| Fourth |
7 |
10 |
| Fifth |
15 |
26 |
| Sixth |
9 |
11 |
| Seventh |
8 |
9 |
| Eighth |
8 |
9 |
| Ninth |
13 |
23 |
| Tenth |
7 |
8 |
1975—Subsec. (d). Pub. L. 94–82 substituted provision that each circuit judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provision that each circuit judge shall receive a salary of $33,000 a year.
1968—Subsec. (a). Pub. L. 90–347 increased the number of circuit judges in the enumerated circuits as follows: Third Circuit, eight to nine; Fifth Circuit, nine to fifteen; Sixth Circuit, eight to nine; Ninth Circuit, nine to thirteen, and Tenth Circuit, six to seven.
1966—Subsec. (a). Pub. L. 89–372 increased the number of circuit judges in the enumerated circuits as follows: Fourth Circuit, five to seven; Sixth Circuit, six to eight; Seventh Circuit, seven to eight; Eighth Circuit, seven to eight.
1964—Subsec. (d). Pub. L. 88–426 increased the salary of the circuit judges from $25,500 to $33,000.
1961—Subsec. (a). Pub. L. 87–36 increased the number of circuit judges in the enumerated circuits, as follows: Second Circuit, six to nine; Third Circuit, seven to eight; Fourth Circuit, three to five; Fifth Circuit, seven to nine; Seventh Circuit, six to seven; and Tenth Circuit, five to six.
1955—Subsec. (d). Act Mar. 2, 1955, increased the salary of circuit judges from "$17,500" a year to "$25,500".
1954—Subsec. (a). Act Feb. 10, 1954, increased the number of circuit judges in the Fifth Circuit from six to seven, and in the Ninth Circuit from seven to nine.
1949—Subsec. (a). Act Aug. 3, 1949, increased the number of circuit judges for the District of Columbia from six to nine, for the Third Circuit from six to seven, for the Seventh Circuit from five to six, and for the Tenth Circuit from four to five.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–177, title V, §509(b), Jan. 7, 2008, 121 Stat. 2543, provided that: "The amendments made by subsection (a)(2) [amending this section] shall take effect on January 21, 2009."
Effective Date of 1990 Amendment
Pub. L. 101–650, title II, §206, Dec. 1, 1990, 104 Stat. 5104, provided that: "This title [amending this section and section 133 of this title and enacting provisions set out as notes under this section and sections 133 and 331 of this title] shall take effect on the date of the enactment of this title [Dec. 1, 1990]."
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–452 effective Oct. 1, 1981, see section 12 of Pub. L. 96–452, set out as a note under section 41 of this title.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under section 4501 of Title 2, The Congress.
Nomination to Federal Judgeship on Nondiscriminatory Basis
Pub. L. 98–353, title II, §211, July 10, 1984, 98 Stat. 351, provided that: "It is the sense of the Congress that the President, in selecting individuals for nomination to the Federal judgeships created by this Act [see Short Title of 1984 Amendment note set out under section 151 of this title], shall give due consideration to qualified individuals without regard to race, color, sex, religion, or national origin."
Continued Service of Judges
Pub. L. 97–164, title I, §165, Apr. 2, 1982, 96 Stat. 50, provided that judges of United States Court of Claims and of United States Court of Customs and Patent Appeals in regular active service on Oct. 1, 1982, would continue in office as judges of United States Court of Appeals for the Federal Circuit and senior judges of United States Court of Claims and of United States Court of Customs and Patent Appeals on Oct. 1, 1982, would continue in office as senior judges of United States Court of Appeals for the Federal Circuit.
Congressional Statement Regarding Appointment of Judges
Pub. L. 97–164, title I, §168, Apr. 2, 1982, 96 Stat. 51, provided that: "The Congress—
"(1) takes notice of the fact that the quality of the Federal judiciary is determined by the competence and experience of its judges; and
"(2) suggests that the President, in nominating individuals to judgeships on the United States Court of Appeals for the Federal Circuit and the United States Claims Court [now United States Court of Federal Claims], select from a broad range of qualified individuals."
Salary Increases
For adjustment of salaries of circuit judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.
For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress.
For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees.
Salaries of circuit judges increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704, §1, 60 Stat. 716.
Salaries of circuit judges increased from $8,500 to $12,500 a year by act Dec. 13, 1926, ch. 6, §1, 44 Stat. 919.
Salaries of circuit judges increased from $7,000 to $8,500 a year by act Feb. 25, 1919, ch. 29, §1, 40 Stat. 1156.
Salaries of circuit court judges set at $7,000 a year by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, §1, 36 Stat. 1131.
Additional Judges
Since 1925, the appointment of additional judges was authorized by the following acts:
Second circuit. Act May 31, 1938, ch. 290, §1, 52 Stat. 584.
Third circuit. Act Aug. 3, 1949, ch. 387, §1, 63 Stat. 493; act Dec. 7, 1944, ch. 521, §1, 58 Stat. 796; act June 10, 1930, ch. 438, 46 Stat. 538; act June 24, 1936, ch. 735, §1, 49 Stat. 1903, repealed by act May 31, 1938, ch. 290, §3, 52 Stat. 585.
Fifth circuit. Act Dec. 14, 1942, ch. 731, 56 Stat. 1050; act May 31, 1938, ch. 290, §1, 52 Stat. 584; act June 10, 1930, ch. 437, 46 Stat. 538.
Sixth circuit. Act May 24, 1940, ch. 209, §1, 54 Stat. 219; act May 31, 1938, ch. 290, §1, 52 Stat. 584.
Seventh circuit. Act Aug. 3, 1949, ch. 387, §1, 63 Stat. 493; act May 31, 1938, ch. 290, §1, 52 Stat. 584.
Eighth circuit. Act May 24, 1940, ch. 209, §1, 54 Stat. 219; act Mar. 3, 1925, ch. 436, 43 Stat. 1116.
Ninth circuit. Act Apr. 14, 1937, ch. 80, 50 Stat. 64; act Aug. 2, 1935, ch. 425, §1, 49 Stat. 508; act June 16, 1933, ch. 102, 48 Stat. 310 (removing limitation on filling of vacancy); act Mar. 1, 1929, ch. 413, 45 Stat. 1414.
Tenth circuit. Act Aug. 3, 1949, ch. 387, §1, 63 Stat. 493.
District of Columbia Court of Appeals. Act Aug. 3, 1949, ch. 387, §1, 63 Stat. 493; act May 31, 1938, ch. 290, §2, 52 Stat. 584; act June 19, 1930, ch. 538, 46 Stat. 785.
Act Feb. 28, 1929, ch. 363, §2, 45 Stat. 1346, 1347 provided that "There shall be in the sixth, seventh, and tenth circuits, respectively, four circuit judges; and in the second and eighth circuits, respectively, five circuit judges; and, in each of the other circuits three circuit judges, to be appointed by the President, by and with the advice and consent of the Senate."
Another part of act Feb. 10, 1954, ch. 6, §1, 68 Stat. 8, which amended subsec. (a) of this section, provided for the appointment by the President, by and with the advice and consent of the Senate, of the additional judges for the Fifth and Ninth Circuits, provided for in such amendment.
Pub. L. 87–36, §1(a), May 19, 1961, 75 Stat. 80, provided that: "The President shall appoint, by and with the advice and consent of the Senate, three additional circuit judges for the second circuit, one additional circuit judge for the third circuit, two additional circuit judges for the fourth circuit, two additional circuit judges for the fifth circuit, one additional circuit judge for the seventh circuit, and one additional circuit judge for the tenth circuit."
Pub. L. 89–372, §1(a), Mar. 18, 1966, 80 Stat. 75, provided that: "The President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the fourth circuit, two additional circuit judges for the sixth circuit, one additional circuit judge for the seventh circuit, and one additional circuit judge for the eighth circuit."
Pub. L. 89–372, §1(c), Mar. 18, 1966, 80 Stat. 75, as amended by Pub. L. 90–347, §2, June 18, 1968, 82 Stat. 183, provided that: "The President shall appoint, by and with the advice and consent of the Senate, four additional circuit judges for the fifth circuit." The second sentence of section 1(c) of Pub. L. 89–372 which provided that the first four vacancies occurring in the office of circuit judge in the fifth circuit shall not be filled was deleted by section 2 of Pub. L. 90–347, which also made those judgeships permanent and further provided that the present incumbents of such judgeships shall henceforth hold their offices under this section.
Pub. L. 90–347, §1, June 18, 1968, 82 Stat. 184, provided: "That the President shall appoint, by and with the advice and consent of the Senate, one additional circuit judge for the third circuit, two additional circuit judges for the fifth circuit, one additional circuit judge for the sixth circuit, four additional circuit judges for the ninth circuit, and one additional circuit judge for the tenth circuit."
Pub. L. 95–486, §3(a), Oct. 20, 1978, 92 Stat. 1632, provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional circuit judgeship for the first circuit, two additional circuit judgeships for the second circuit, one additional circuit judgeship for the third circuit, three additional circuit judgeships for the fourth circuit, eleven additional circuit judgeships for the fifth circuit, two additional circuit judgeships for the sixth circuit, one additional circuit judgeship for the seventh circuit, one additional circuit judgeship for the eighth circuit, ten additional circuit judgeships for the ninth circuit, one additional circuit judgeship for the tenth circuit, and two additional circuit judgeships for the District of Columbia."
Pub. L. 98–353, title II, §201(a), July 10, 1984, 98 Stat. 346, provided that:
"(1) Subject to the provisions of paragraph (2), the President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the first circuit court of appeals, two additional circuit judges for the second circuit court of appeals, two additional circuit judges for the third circuit court of appeals, one additional circuit judge for the fourth circuit court of appeals, two additional circuit judges for the fifth circuit court of appeals, four additional circuit judges for the sixth circuit court of appeals, two additional circuit judges for the seventh circuit court of appeals, one additional circuit judge for the eighth circuit court of appeals, five additional circuit judges for the ninth circuit court of appeals, two additional circuit judges for the tenth circuit court of appeals, and one additional circuit judge for the District of Columbia circuit court of appeals.
"(2) The President shall appoint, by and with the advice and consent of the Senate, no more than 11 of such judges prior to January 21, 1985."
Pub. L. 101–650, title II, §202(a), Dec. 1, 1990, 104 Stat. 5098, provided that: "The President shall appoint, by and with the advice and consent of the Senate—
"(1) 2 additional circuit judges for the third circuit court of appeals;
"(2) 4 additional circuit judges for the fourth circuit court of appeals;
"(3) 1 additional circuit judge for the fifth circuit court of appeals;
"(4) 1 additional circuit judge for the sixth circuit court of appeals;
"(5) 1 additional circuit judge for the eighth circuit court of appeals; and
"(6) 2 additional circuit judges for the tenth circuit court of appeals."
Executive Documents
Executive Order No. 11972
Ex. Ord. No. 11972, Feb. 14, 1977, 42 F.R. 9659, as amended by Ex. Ord. No. 11993, May 24, 1977, 42 F.R. 27197, which related to the United States Circuit Judge Nominating Commission, was revoked by Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, formerly set out below.
Executive Order No. 12059
Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, as amended by Ex. Ord. No. 12097, Nov. 8, 1978, 43 F.R. 52455, which established the United States Circuit Judge Nominating Commission and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.
Ex. Ord. No. 13300. Facilitating the Administration of Justice in the Federal Courts
Ex. Ord. No. 13300, May 9, 2003, 68 F.R. 25807, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the prompt appointment of judges to the Federal courts, it is hereby ordered as follows:
Section 1. Policy. The Federal courts play a central role in the American justice system. For the Federal courts to function effectively, judicial vacancies in those courts must be filled in a timely manner with well-qualified candidates.
Sec. 2. Plan. The presidential plan announced on October 30, 2002, calls for timely consideration of judicial nominees, with the President submitting a nomination to fill a vacancy in United States courts of appeals and district courts within 180 days after the President receives notice of a vacancy or intended retirement, absent extraordinary circumstances.
Sec. 3. Responsibilities. The Counsel to the President shall take all appropriate steps to ensure that the President is in a position to make timely nominations for judicial vacancies consistent with this plan. All Federal departments and agencies shall assist, as requested and permitted by law, in the implementation of this order.
Sec. 4. Reservation of Authority. Nothing in this order shall be construed to affect the authority of the President to fill vacancies under clause 3 of section 2 of article II of the Constitution.
Sec. 5. Judicial Review. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.
George W. Bush.
§45. Chief judges; precedence of judges
(a)(1) The chief judge of the circuit shall be the circuit judge in regular active service who is senior in commission of those judges who—
(A) are sixty-four years of age or under;
(B) have served for one year or more as a circuit judge; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no circuit judge meets the qualifications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or more shall act as the chief judge.
(B) In any case under subparagraph (A) in which there is no circuit judge in regular active service who has served as a circuit judge for one year or more, the circuit judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge.
(3)(A) Except as provided in subparagraph (C), the chief judge of the circuit appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the circuit.
(B) Except as provided in subparagraph (C), a circuit judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1).
(C) No circuit judge may serve or act as chief judge of the circuit after attaining the age of seventy years unless no other circuit judge is qualified to serve as chief judge of the circuit under paragraph (1) or is qualified to act as chief judge under paragraph (2).
(b) The chief judge shall have precedence and preside at any session of the court which he attends. Other circuit judges of the court in regular active service shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. The circuit justice, however, shall have precedence over all the circuit judges and shall preside at any session which he attends.
(c) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as circuit judge, he may so certify to the Chief Justice of the United States, and thereafter the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a).
(d) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the circuit judge in active service, present in the circuit and able and qualified to act, who is next in precedence.
(June 25, 1948, ch. 646, 62 Stat. 871; Oct. 31, 1951, ch. 655, §35, 65 Stat. 723; Pub. L. 85–593, §1, Aug. 6, 1958, 72 Stat. 497; Pub. L. 97–164, title II, §§201, 204, Apr. 2, 1982, 96 Stat. 51, 53.)
Historical and Revision Notes
Based on sections 216 and 216a of title 28, U.S.C., 1940 ed. (Mar. 3, 1911, ch. 231, §120, 36 Stat. 1132; May 23, 1934, ch. 339, 48 Stat. 796).
Subsection (a), providing for "chief judge," is new. Such term is adopted to replace the term "senior circuit judge" in recognition of the great increase in administrative duties of such judge.
Subsection (b) conforms with section 4 of this title relating to precedence of associate justices of the Supreme Court, and consolidates the provisions of the second and third sentences of section 216 of title 28, U.S.C., 1940 ed. The designation when filed in the court of appeals will not only record the transfer of function from the relieved chief judge to his successor, but will also determine the question of willingness of the successor to serve.
Other provisions of section 216 of title 28, U.S.C., 1940 ed., are covered by section 47 of this title.
Subsection (c) is new.
Subsection (d) is based on section 216a of title 28, U.S.C., 1940 ed.
The official status of the Chief Justice of the Court of Appeals for the District of Columbia holding office on the effective date of the act is preserved by section 2 of the bill to enact revised Title 28.
Changes were made in phraseology.
Editorial Notes
Amendments
1982—Subsec. (a). Pub. L. 97–164, §201(a), designated existing first sentence of subsec. (a) as par. (1), substituted "The chief judge of the circuit shall be the circuit judge in regular active service who is senior in commission of those judges who—(A) are sixty-four years of age or under; (B) have served for one year or more as a circuit judge; and (C) have not served previously as chief judge" for "The circuit judge in regular active service who is senior in commission and under seventy years of age shall be the chief judge of the circuit" in par. (1) as so designated, designated existing second sentence of subsec. (a) as par. (2)(A), substituted "In any case in which no circuit judge meets the qualifications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or more shall act as the chief judge" for "If all the circuit judges in regular active service are seventy years of age or older the youngest shall act as chief judge until a judge has been appointed and qualified who is under seventy years of age, but a judge may not act as chief judge until he has served as a circuit judge for one year" in par. (2)(A) as so designated, and added pars. (2)(B) and (3).
Subsec. (b). Pub. L. 97–164, §204, inserted "of the court in regular active service" after "circuit judges" in second sentence.
Subsec. (c). Pub. L. 97–164, §201(b), amended subsec. (c) generally, substituting "the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a)" for "the circuit judge in active service next in precedence and willing to serve shall be designated by the Chief Justice as the chief judge of the circuit".
1958—Subsec. (a). Pub. L. 85–593 provided that chief judges of circuit courts cease to serve as such upon reaching the age of seventy, that the youngest circuit judge act as chief judge where all circuit judges in regular active service are seventy years or older until a judge under seventy has been appointed and qualified, and that circuit judge must have served one year before acting as chief judge.
1951—Subsec. (a). Act Oct. 31, 1951, inserted "in active service who is".
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1958 Amendment
Pub. L. 85–593, §3, Aug. 6, 1958, 72 Stat. 497, as amended by Pub. L. 95–486, §4, Oct. 20, 1978, 92 Stat. 1632, provided that: "The amendments to sections 45 and 136 of title 28 of the United States Code made by this Act shall take effect at the expiration of one year from the date of enactment of this Act [Aug. 6, 1958]."
Savings Provision
Pub. L. 97–164, title II, §203, Apr. 2, 1982, 96 Stat. 53, provided that:
"(a) The amendments to section 45 of title 28, United States Code, and to section 136 of such title, made by sections 201 and 202 of this Act, shall not apply to or affect any person serving as chief judge on the effective date of this Act [Oct. 1, 1982].
"(b) The provisions of section 45(a) of title 28, United States Code, as in effect on the day before the effective date of this Act [Oct. 1, 1982], shall apply to the chief judge of a circuit serving on such effective date. The provisions of section 136(a) of title 28, United States Code, as in effect on the day before the effective date of this part [Oct. 1, 1982], shall apply to the chief judge of a district court serving on such effective date."
Appointment of Chief Judge of Court of Appeals for the Federal Circuit
Pub. L. 97–164, title I, §166, Apr. 2, 1982, 96 Stat. 50, provided that: "Notwithstanding the provisions of section 45(a) of title 28, United States Code, the first chief judge of the United States Court of Appeals for the Federal Circuit shall be the Chief Judge of the United States Court of Claims or the Chief Judge of the United States Court of Customs and Patent Appeals, whoever has served longer as chief judge of his court. Notwithstanding section 45 of title 28, United States Code, whichever of the two chief judges does not become the first chief judge of the United States Court of Appeals for the Federal Circuit under the preceding sentence shall, while in active service, have precedence and be deemed senior in commission over all the circuit judges of the United States Court of Appeals for the Federal Circuit (other than the first chief judge of that circuit). When the person who first serves as chief judge of the United States Court of Appeals for the Federal Circuit vacates that position, the position shall be filled in accordance with section 45(a) of title 28, United States Code, as modified by the preceding sentence of this section."
Chief Judge of Court of Appeals for District of Columbia
Act June 25, 1948, ch. 646, §2(a), 62 Stat. 985, provided in part that the Chief Justice of the Court of Appeals for the District of Columbia in office on Sept. 1, 1948, shall thereafter be known as the Chief Judge.
§46. Assignment of judges; panels; hearings; quorum
(a) Circuit judges shall sit on the court and its panels in such order and at such times as the court directs.
(b) In each circuit the court may authorize the hearing and determination of cases and controversies by separate panels, each consisting of three judges, at least a majority of whom shall be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness. Such panels shall sit at the times and places and hear the cases and controversies assigned as the court directs. The United States Court of Appeals for the Federal Circuit shall determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and, notwithstanding the first sentence of this subsection, may determine by rule the number of judges, not less than three, who constitute a panel.
(c) Cases and controversies shall be heard and determined by a court or panel of not more than three judges (except that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide), unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service, or such number of judges as may be prescribed in accordance with section 6 of Public Law 95–486 (92 Stat. 1633), except that any senior circuit judge of the circuit shall be eligible (1) to participate, at his election and upon designation and assignment pursuant to section 294(c) of this title and the rules of the circuit, as a member of an in banc court reviewing a decision of a panel of which such judge was a member, or (2) to continue to participate in the decision of a case or controversy that was heard or reheard by the court in banc at a time when such judge was in regular active service.
(d) A majority of the number of judges authorized to constitute a court or panel thereof, as provided in paragraph (c), shall constitute a quorum.
(June 25, 1948, ch. 646, 62 Stat. 871; Pub. L. 88–176, §1(b), Nov. 13, 1963, 77 Stat. 331; Pub. L. 95–486, §5(a), (b), Oct. 20, 1978, 92 Stat. 1633; Pub. L. 97–164, title I, §103, title II, §205, Apr. 2, 1982, 96 Stat. 25, 53; Pub. L. 104–175, §1, Aug. 6, 1996, 110 Stat. 1556.)
Historical and Revision Notes
Based in part on title 28, U.S.C., 1940 ed., §212 (Mar. 3, 1911, ch. 231, §117, 36 Stat. 1131).
Subsections (a)–(c) authorize the establishment of divisions of the court and provide for the assignment of circuit judges for hearings and rehearings in banc.
The Supreme Court of the United States has ruled that, notwithstanding the three-judge provision of section 212 of title 28, U.S.C., 1940 ed., a court of appeals might lawfully consist of a greater number of judges, and that the five active circuit judges of the third circuit might sit in banc for the determination of an appeal. (See Textile Mills Securities Corporation v. Commissioner of Internal Revenue, 1941, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249.)
The Supreme Court in upholding the unanimous view of the five judges as to their right to sit in banc, notwithstanding the contrary opinion in Langs Estate v. Commissioner of Internal Revenue, 1938, 97 F.2d 867, said in the Textile Mills case: "There are numerous functions of the court, as a 'court of record, with appellate jurisdiction', other than hearing and deciding appeals. Under the Judicial Code these embrace: prescribing the form of writs and other process and the form and style of its seal (28 U.S.C., §219); the making of rules and regulations (28 U.S.C., §219); the appointment of a clerk (28 U.S.C., §221) and the approval of the appointment and removal of deputy clerks (28 U.S.C., §222); and the fixing of the 'times' when court shall be held (28 U.S.C., §223). Furthermore, those various sections of the Judicial Code provide that each of these functions shall be performed by the court."
This section preserves the interpretation established by the Textile Mills case but provides in subsection (c) that cases shall be heard by a court of not more than three judges unless the court has provided for hearing in banc. This provision continues the tradition of a three-judge appellate court and makes the decision of a division, the decision of the court, unless rehearing in banc is ordered. It makes judges available for other assignments, and permits a rotation of judges in such manner as to give to each a maximum of time for the preparation of opinions.
Whether divisions should sit simultaneously at the same or different places in the circuit is a matter for each court to determine.
Editorial Notes
References in Text
Section 6 of Public Law 95–486 (92 Stat. 1633), referred to in subsec. (c), is section 6 of Pub. L. 95–486, Oct. 20, 1978, 92 Stat. 1633, which is set out as an Appeals Court Administrative Units note under section 41 of this title.
Amendments
1996—Subsec. (c). Pub. L. 104–175, in last sentence, inserted "(1)" after "eligible" and ", or (2) to continue to participate in the decision of a case or controversy that was heard or reheard by the court in banc at a time when such judge was in regular active service" before period at end.
1982—Subsec. (a). Pub. L. 97–164, §103(a), substituted "panels" for "divisions".
Subsec. (b). Pub. L. 97–164, §103(b), substituted "panels" for "divisions" wherever appearing and inserted provisions requiring that at least a majority of the panels of each circuit be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness, and that the United States Court of Appeals for the Federal Circuit determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and determine by rule the number of judges, not less than three, who constitute a panel.
Subsec. (c). Pub. L. 97–164, §§103(c), 205, inserted provision that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide and that, as an alternative to the requirement that a court in banc consist of all circuit judges in regular active service, such a court may consist of such number of judges as may be prescribed in accordance with section 6 of Public Law 95–486 (92 Stat. 1633), except that any senior circuit judge of the circuit shall be eligible to participate, at his election and upon designation and assignment pursuant to section 294(c) of this title and the rules of the circuit, as a member of an in banc court reviewing a decision of a panel of which such judge was a member.
Subsec. (d). Pub. L. 97–164, §103(d), substituted "panel" for "division".
1978—Pub. L. 95–486, §5(b), substituted "panels" for "divisions" in section catchline.
Subsec. (c). Pub. L. 95–486, §5(a), substituted "panel" for "division" and struck out provision authorizing a retired circuit judge to sit as a judge of the court in banc in the rehearing of a case if he sat in the court or division in the original hearing of such case.
1963—Subsec. (c). Pub. L. 88–176 inserted "regular" before "active service" wherever appearing, and provided that a retired circuit judge shall be competent to sit as a judge of the court in banc, in a rehearing if he sat in at the original hearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
§47. Disqualification of trial judge to hear appeal
No judge shall hear or determine an appeal from the decision of a case or issue tried by him.
(June 25, 1948, ch. 646, 62 Stat. 872.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §216, and District of Columbia Code, 1940 ed., §11–205 (Feb. 9, 1893, ch. 74, §6, 27 Stat. 435; July 30, 1894, ch. 172, §2, 28 Stat. 161; Mar. 3, 1901, ch. 854, §225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, §120, 36 Stat. 1132).
The provision in section 11–205 of the District of Columbia Code, 1940 ed., that a justice of the district court while on the bench of the Court of Appeals in the District of Columbia shall not sit in review of judgment, order, or decree rendered by him below, was consolidated with a similar provision of section 216 of title 28, U.S.C., 1940 ed. The consolidation simplifies the language without change of substance.
References in said section 11–205 to the power to prescribe rules, requisites of record on appeal, forms of bills of exception, and procedure on appeal, were omitted as covered by Rules 73, 75, 76, of the Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of Criminal Procedure.
Said section 11–205 contained a provision that on a divided opinion by the Court of Appeals for the District of Columbia the decision of the lower court should stand affirmed. This was omitted as unnecessary as merely expressing a well-established rule of law.
Other provisions of said section 11–205 are incorporated in section 48 of this title.
The provision of section 216 of title 28, U.S.C., 1940 ed., with respect to the competency of justices and judges to sit, was omitted as covered by section 43 of this title.
Specific reference in said section 216 to the Chief Justice of the United States was likewise omitted inasmuch as he sits as a circuit justice.
The provision of said section 216 with respect to assignment of district judges was omitted as covered by section 291 et seq. of this title.
Provision of said section 216 relating to presiding judge was omitted as covered by section 44 of this title.
§48. Terms of court
(a) The courts of appeals shall hold regular sessions at the places listed below, and at such other places within the respective circuit as each court may designate by rule.
| Circuits | Places |
|---|
| District of Columbia |
Washington. |
| First |
Boston. |
| Second |
New York. |
| Third |
Philadelphia. |
| Fourth |
Richmond, Asheville. |
| Fifth |
New Orleans, Fort Worth, Jackson. |
| Sixth |
Cincinnati. |
| Seventh |
Chicago. |
| Eighth |
St. Louis, Kansas City, Omaha, St. Paul. |
| Ninth |
San Francisco, Los Angeles, Portland, Seattle. |
| Tenth |
Denver, Wichita, Oklahoma City. |
| Eleventh |
Atlanta, Jacksonville, Montgomery. |
| Federal |
District of Columbia, and in any other place listed above as the court by rule directs. |
(b) Each court of appeals may hold special sessions at any place within its circuit as the nature of the business may require, and upon such notice as the court orders. The court may transact any business at a special session which it might transact at a regular session.
(c) Any court of appeals may pretermit any regular session of court at any place for insufficient business or other good cause.
(d) The times and places of the sessions of the Court of Appeals for the Federal Circuit shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the court with as little inconvenience and expense to citizens as is practicable.
(e) Each court of appeals may hold special sessions at any place within the United States outside the circuit as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the court of appeals (or, if the chief judge is unavailable, the most senior available active judge of the court of appeals) or the judicial council of the circuit that, because of emergency conditions, no location within the circuit is reasonably available where such special sessions could be held. The court may transact any business at a special session outside the circuit which it might transact at a regular session.
(f) If a court of appeals issues an order exercising its authority under subsection (e), the court—
(1) through the Administrative Office of the United States Courts, shall—
(A) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and
(B) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including—
(i) the reasons for the issuance of such order;
(ii) the duration of such order;
(iii) the impact of such order on litigants; and
(iv) the costs to the judiciary resulting from such order; and
(2) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.
(June 25, 1948, ch. 646, 62 Stat. 872; Oct. 31, 1951, ch. 655, §36, 65 Stat. 723; Pub. L. 96–452, §4, Oct. 14, 1980, 94 Stat. 1994; Pub. L. 97–164, title I, §104, Apr. 2, 1982, 96 Stat. 26; Pub. L. 102–572, title V, §501, Oct. 29, 1992, 106 Stat. 4512; Pub. L. 109–63, §2(a), Sept. 9, 2005, 119 Stat. 1993.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §223 and §11–205 District of Columbia Code, 1940 ed. (Feb. 9, 1893, ch. 74, §6, 27 Stat. 435; July 30, 1894, ch. 172, §2, 28 Stat. 161; Mar. 3, 1901, ch. 854, §225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, §126, 36 Stat. 1132; July 17, 1916, ch. 246, 39 Stat. 385; Jan. 8, 1925, ch. 57, 43 Stat. 729; July 3, 1926, ch. 735, 44 Stat. 809; Feb. 28, 1929, ch. 363, §3, 45 Stat. 1347; May 17, 1932, ch. 190, 47 Stat. 158).
This section consolidates section 223 of title 28, U.S.C., 1940 ed., with part of section 11–205 of the District of Columbia Code.
Reference to San Juan as a place for holding court in the First Circuit was omitted. The revised section will permit the holding of terms at San Juan when the public interest requires.
The phrase "and at such other places within the respective circuits as may be designated by rule of court" was added to enable each court of appeals to hold such additional regular terms as changing circumstances might require.
The provisions of such section 223, for furnishing suitable rooms and accommodation at Oakland City, were omitted as obsolete since the erection of a new Federal building there.
The provisions as to fixed times for holding court in the Fifth Circuit was omitted as inconsistent with the practice in the other circuits. Words "San Francisco, Los Angeles, Portland, Seattle" were substituted for "San Francisco and two other places designated by the court" to conform with the practice in the Ninth Circuit.
Changes were made in phraseology.
Senate Revision Amendment
By Senate amendment, Jacksonville (Fla.) was added as a place for holding a regular session of the Court of Appeals for the Fifth Circuit. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments
2005—Subsecs. (e), (f). Pub. L. 109–63 added subsecs. (e) and (f).
1992—Subsec. (c). Pub. L. 102–572 struck out ", with the consent of the Judicial Conference of the United States," after "pretermit".
1982—Subsec. (a). Pub. L. 97–164, §104(a), (b), designated introductory provisions and table of circuits as subsec. (a) and substituted provisions directing the courts of appeals to hold regular sessions at the places listed in the table and at such other places within the circuits as each court might designate by rule, for provisions which directed that terms or sessions of courts of appeals be held annually at the places listed in the table and at such other places as the courts might designate by rule and authorized each court of appeals to hold special terms at any place within its circuit, and added to the table an item for the Federal circuit, with sessions to be held in the District of Columbia and in any other place listed elsewhere in the table as the Federal circuit court might by rule direct.
Subsec. (b). Pub. L. 97–164, §104(c), added subsec. (b).
Subsec. (c). Pub. L. 97–164, §104(c), designated existing provisions following table of circuits as subsec. (c) and substituted "regular session" for "regular term or session".
Subsec. (d). Pub. L. 97–164, §104(c), added subsec. (d).
1980—Pub. L. 96–452 substituted "New Orleans, Fort Worth, Jackson" for "New Orleans, Atlanta, Fort Worth, Jacksonville, Montgomery" in item relating to fifth circuit, and added item relating to eleventh circuit.
1951—Act Oct. 31, 1951, inserted last par.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–452 effective Oct. 1, 1981, see section 12 of Pub. L. 96–452, set out as a note under section 41 of this title.
Survey of Judicial Business in Alaska
Pub. L. 86–70, §23(a), June 25, 1959, 73 Stat. 147, provided that: "The Judicial Conference of the United States, with the assistance of the Administrative Office of the United States Courts, shall conduct a study, including a field survey, of the Federal judicial business arising in the State of Alaska with a view toward directing the United States Court of Appeals for the Ninth Circuit to hold such terms of court in Anchorage or such other Alaskan cities as may be necessary for the prompt and efficient administration of justice."
§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.
(Added Pub. L. 95–521, title VI, §602(a), Oct. 26, 1978, 92 Stat. 1873; amended Pub. L. 97–409, §2(b)(1), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 99–554, title I, §144(g)(3), Oct. 27, 1986, 100 Stat. 3097; Pub. L. 100–191, §§4, 5(a), Dec. 15, 1987, 101 Stat. 1307.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978.
Amendments
1987—Subsec. (a). Pub. L. 100–191, §4, inserted at end: "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."
Subsec. (f). Pub. L. 100–191, §5(a), substituted "involving an independent counsel" for "involving a independent counsel".
1986—Subsec. (f). Pub. L. 99–554 substituted "chapter 40" for "chapter 39" in two places.
1983—Pub. L. 97–409, §2(b)(1)(B), substituted "independent counsels" for "special prosecutors" in section catchline.
Subsec. (a). Pub. L. 97–409, §2(b)(1)(B), substituted "independent counsels" for "special prosecutors".
Subsec. (f). Pub. L. 97–409, §2(b)(1)(A), (C), substituted "independent counsel" for "special prosecutor" wherever appearing and "independent counsel's" for "special prosecutor's".
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.
Effective Date
Section effective Oct. 26, 1978, see section 604 of Pub. L. 95–521, set out as a note under section 591 of this title.
CHAPTER 5—DISTRICT COURTS
132.
Creation and composition of district courts.
133.
Appointment and number of district judges.
134.
Tenure and residence of district judges.
135.
Salaries of district judges.
136.
Chief judges; precedence of district judges.
137.
Division of business among district judges.
139.
Times for holding regular sessions.
141.
Special sessions; places; notice.
143.
Vacant judgeship as affecting proceedings.
144.
Bias or prejudice of judge.
Historical and Revision Notes
Sections 81–131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945. All references to dates were omitted as unnecessary.
All references to fixed terms of holding court were also omitted in order to vest in each district court a wider discretion and greater flexibility in the disposition of its business. Such times will now be determined by rule of court rather than by statute. See sections 138 and 141 of this title.
Editorial Notes
Amendments
1982—Pub. L. 97–164, title I, §115(c)(3), Apr. 2, 1982, 96 Stat. 32, struck out item 142 "Accommodations at places for holding court".
1963—Pub. L. 88–139, §3(a), Oct. 16, 1963, 77 Stat. 248, substituted "Terms abolished" for "Times for holding regular terms" in item 138, "Times for holding regular sessions" for "Term continued until terminated" in item 139, and "sessions" for "terms" in item 141.
1958—Pub. L. 85–508, §12(a), July 7, 1958, 72 Stat. 348, added item 81A.
Statutory Notes and Related Subsidiaries
Short Title of 1978 Amendment
For short title of Pub. L. 95–408, Oct. 2, 1978, 92 Stat. 883, as "Federal District Court Organization Act of 1978", see note set out under section 1 of this title.
Pro Bono Work To Empower and Represent Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
Pub. L. 115–237, Sept. 4, 2018, 132 Stat. 2447, as amended by Pub. L. 117–252, §2, Dec. 20, 2022, 136 Stat. 2359, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Pro bono Work to Empower and Represent Act of 2018' or the 'POWER Act'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) Extremely high rates of domestic violence, dating violence, sexual assault, and stalking exist at the local, State, tribal, and national levels and such violence or behavior harms the most vulnerable members of our society.
"(2) According to a study commissioned by the Department of Justice, nearly 25 percent of women suffer from domestic violence during their lifetime.
"(3) Proactive efforts should be made available in all forums to provide pro bono legal services and eliminate the violence that destroys lives and shatters families.
"(4) A variety of factors cause domestic violence, dating violence, sexual assault, and stalking, and a variety of solutions at the local, State, and national levels are necessary to combat such violence or behavior.
"(5) According to the National Network to End Domestic Violence, which conducted a census including almost 1,700 assistance programs, over the course of 1 day in September 2014, more than 10,000 requests for services, including legal representation, were not met.
"(6) Pro bono assistance can help fill this need by providing not only legal representation, but also access to emergency shelter, transportation, and childcare.
"(7) Research and studies have demonstrated that the provision of legal assistance to victims of domestic violence, dating violence, sexual assault, and stalking reduces the probability of such violence or behavior reoccurring in the future and can help survivors move forward.
"(8) Legal representation increases the possibility of successfully obtaining a protective order against an attacker, which prevents further mental and physical injury to a victim and his or her family, as demonstrated by a study that found that 83 percent of victims represented by an attorney were able to obtain a protective order, whereas only 32 percent of victims without an attorney were able to do so.
"(9) The American Bar Association Model Rules include commentary stating that 'every lawyer, regardless of professional prominence or professional workload, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer'.
"(10) As leaders in their legal communities, judges in district courts should encourage lawyers to provide pro bono resources in an effort to help victims of such violence or behavior escape the cycle of abuse.
"(11) A dedicated army of pro bono attorneys focused on this mission will inspire others to devote efforts to this cause and will raise awareness of the scourge of domestic violence, dating violence, sexual assault, and stalking throughout the country.
"(12) Communities, by providing awareness of pro bono legal services and assistance to survivors of domestic violence, dating violence, sexual assault, and stalking, will empower those survivors to move forward with their lives.
"SEC. 3. DISTRICT COURTS TO PROMOTE EMPOWERMENT EVENTS.
"(a) In General.—Not later than 1 year after the date of the enactment of this Act [Sept. 4, 2018], and annually thereafter, the chief judge, or his or her designee, for each judicial district shall lead not less than one public event, in partnership with a State, local, tribal, or territorial domestic violence service provider or coalition and a State or local volunteer lawyer project, promoting pro bono legal services as a critical way in which to empower survivors of domestic violence, dating violence, sexual assault, and stalking and engage citizens in assisting those survivors.
"(b) Districts Containing Indian Tribes and Tribal Organizations.—During each 2-year period, the chief judge, or his or her designee, for a judicial district that contains an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) shall lead not less than one public event promoting pro bono legal services under subsection (a) of this section in partnership with an Indian tribe or tribal organization with the intent of increasing the provision of pro bono legal services for Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, and stalking.
"(c) Requirements.—Each chief judge shall—
"(1) have discretion as to the design, organization, and implementation of the public events required under subsection (a); and
"(2) in conducting a public event under subsection (a), seek to maximize the local impact of the event and the provision of access to high quality pro bono legal services by survivors of domestic violence, dating violence, sexual assault, and stalking.
"SEC. 4. REPORTING REQUIREMENTS.
"(a) Report to the Director of the Administrative Office of the United States Courts.—Not later than October 30 of each year, each chief judge shall submit to the Director of the Administrative Office of the United States Courts a report detailing each public event conducted under section 3 during the previous fiscal year.
"(b)Report to Congress.—
"(1) In general.—Not later than January 1 of each year, the Director of the Administrative Office of the United States Courts shall submit to Congress a compilation and summary of each report received under subsection (a) for the previous fiscal year.
"(2) Requirement.—Each comprehensive report submitted under paragraph (1) shall include an analysis of how each public event meets the goals set forth in this Act as well as suggestions on how to improve future public events.
"SEC. 5. FUNDING.
"The Administrative Office of the United States Courts shall use existing funds to carry out the requirements of this Act."
§81. Alabama
Alabama is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Alabama.
Northern District
(a) The Northern District comprises seven divisions.
(1) The Northwestern Division comprises the counties of Colbert, Franklin, and Lauderdale.
Court for the Northwestern Division shall be held at Florence.
(2) The Northeastern Division comprises the counties of Cullman, Jackson, Lawrence, Limestone, Madison, and Morgan.
Court for the Northeastern Division shall be held at Huntsville and Decatur.
(3) The Southern Division comprises the counties of Blount, Jefferson, and Shelby.
Court for the Southern Division shall be held at Birmingham.
(4) The Eastern Division comprises the counties of Calhoun, Clay, Cleburne, and Talladega.
Court for the Eastern Division shall be held at Anniston.
(5) The Western Division comprises the counties of Bibb, Greene, Pickens, Sumter, and Tuscaloosa.
Court for the Western Division shall be held at Tuscaloosa.
(6) The Middle Division comprises the counties of Cherokee, De Kalb, Etowah, Marshall, and Saint Clair.
Court for the Middle Division shall be held at Gadsden.
(7) The Jasper Division comprises the counties of Fayette, Lamar, Marion, Walker, and Winston.
Court for the Jasper Division shall be held at Jasper.
Middle District
(b) The Middle District comprises three divisions.
(1) The Northern Division comprises the counties of Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Montgomery, and Pike.
Court for the Northern Division shall be held at Montgomery.
(2) The Southern Division comprises the counties of Coffee, Dale, Geneva, Henry, and Houston.
Court for the Southern Division shall be held at Dothan.
(3) The Eastern Division comprises the counties of Chambers, Lee, Macon, Randolph, Russell, and Tallapoosa.
Court for the Eastern Division shall be held at Opelika.
Southern District
(c) The Southern District comprises two divisions.
(1) The Northern Division comprises the counties of Dallas, Hale, Marengo, Perry, and Wilcox.
Court for the Northern Division shall be held at Selma.
(2) The Southern Division comprises the counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe, and Washington.
Court for the Southern Division shall be held at Mobile.
(June 25, 1948, ch. 646, 62 Stat. 873; Pub. L. 87–36, §3(a), May 19, 1961, 75 Stat. 83.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed. §142 (Mar. 3, 1911, ch. 231, §70, 36 Stat. 1105; Feb. 28, 1913, ch. 89, 37 Stat. 698; June 27, 1922, ch. 247, 42 Stat. 667).
Provisions relating to the places for the maintenance of the clerks' offices were omitted as covered by section 751 of this title, providing that deputy clerks may be designated to reside and maintain offices at such places for holding court as the judge may determine.
Provisions that the offices of the court shall be kept open at all times were omitted as covered by section 452 of this title.
A provision requiring the district judge for the northern district to reside at Birmingham was omitted as incongruous with section 134 of this title, requiring every district judge to reside within the district for which he is appointed. Likewise the provision of section 142 of title 28, U.S.C., 1940 ed., requiring the court to remain in session at Birmingham at least 6 months in each calendar year was omitted as unnecessary and not in harmony with provisions respecting other districts.
The provisions for furnishing rooms and accommodations at Florence, Gadsden, Jasper and Opelika were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of these places.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1961—Subsec. (a)(2). Pub. L. 87–36 provided for holding court at Decatur.
§81A. Alaska
Alaska constitutes one judicial district.
Court shall be held at Anchorage, Fairbanks, Juneau, Ketchikan, and Nome.
(Added Pub. L. 85–508, §12(b), July 7, 1958, 72 Stat. 348; amended Pub. L. 86–70, §23(b), June 25, 1959, 73 Stat. 147.)
Editorial Notes
Amendments
1959—Pub. L. 86–70 inserted "Ketchikan,".
Statutory Notes and Related Subsidiaries
Effective Date of 1959 Amendment
Section 12 of Pub. L. 85–508 provided in part that this section, and the amendments to sections 133, 333, 373, 376, 460, 610, 753, 1252, 1291, 1292, 1294, 1346, 1963, 2072, 2201 and 2410 of this title, section 341b of Title 5, Government Organization and Employees, and sections 3241, 3401, 3771 and 3772 of Title 18, Crimes and Criminal Procedure, are effective on the admission of Alaska into the Union. Admission as a State was accomplished Jan. 3, 1959 upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508. See notes set out preceding section 21 of Title 48, Territories and Insular Possessions.
Continuation of Suits
Pub. L. 85–508, §13, July 7, 1958, 72 Stat. 349, provided that: "No writ, action, indictment, cause, or proceeding pending in the District Court for the Territory of Alaska on the date when said Territory shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Territory of Alaska at the time said Territory shall become a State, shall abate by the admission of the State of Alaska into the Union, but the same shall be transferred and proceeded with as hereinafter provided.
"All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska."
Appeals
Pub. L. 85–508, §14, July 7, 1958, 72 Stat. 349, provided that: "All appeals taken from the District Court for the Territory of Alaska to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit, previous to the admission of Alaska as a State, shall be prosecuted to final determination as though this Act had not been passed. All cases in which final judgement has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of reversal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United States district court for said district, as the case may require: Provided, That the time allowed by existing law for appeals from the district court for said Territory shall not be enlarged thereby."
Transfer of Cases
Pub. L. 85–508, §15, July 7, 1958, 72 Stat. 349, provided that: "All causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State which are of such nature as to be within the jurisdiction of a district court of the United States shall be transferred to the United States District Court for the District of Alaska for final disposition and enforcement in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. All other causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State shall be transferred to the appropriate State court of Alaska. All final judgments and decrees rendered upon such transferred cases in the United States District Court for the District of Alaska may be reviewed by the Supreme Court of the United States or by the United States Court of Appeals for the Ninth Circuit in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts."
Succession of Courts
Pub. L. 85–508, §16, July 7, 1958, 72 Stat. 350, provided that: "Jurisdiction of all cases pending or determined in the District Court for the Territory of Alaska not transferred to the United States District Court for the District of Alaska shall devolve upon and be exercised by the courts of original jurisdiction created by said State, which shall be deemed to be the successor of the District Court for the Territory of Alaska with respect to cases not so transferred and, as such, shall take and retain custody of all records, dockets, journals, and files of such court pertaining to such cases. The files and papers in all cases so transferred to the United States district court, together with a transcript of all book entries to complete the record in such particular cases so transferred, shall be in like manner transferred to said district court."
Pending Cases
Pub. L. 85–508, §17, July 7, 1958, 72 Stat. 350, provided that: "All cases pending in the District Court for the Territory of Alaska at the time said Territory becomes a State not transferred to the United States District Court for the District of Alaska shall be proceeded with and determined by the courts created by said State with the right to prosecute appeals to the appellate courts created by said State, and also with the same right to prosecute appeals or writs of certiorari from the final determination in said causes made by the court of last resort created by such State to the Supreme Court of the United States, as now provided by law for appeals and writs of certiorari from the court of last resort of a State to the Supreme Court of the United States."
Termination of Jurisdiction of District Court for the Territory of Alaska
Pub. L. 85–508, §18, July 7, 1958, 72 Stat. 350, provided that: "The provisions of the preceding sections with respect to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of rights of litigants in suits before such courts, shall not be effective until three years after the effective date of this Act [see section 8(b) of Pub. L. 85–508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions], unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of this Act, is prepared to assume the functions imposed upon it. During such period of three years or until such Executive order is issued, the United States District Court for the Territory of Alaska shall continue to function as heretofore. The tenure of the judges, the United States attorneys, marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function as provided in this section."
Schedule of Fees, Mileage, or Other Compensation
Pub. L. 86–70, §23(c), June 25, 1959, 73 Stat. 147, provided that: "Such authority as has been exercised by the Attorney General heretofore, with regard to the Federal court system in Alaska, pursuant to section 30 of the Act of June 6, 1900 (48 U.S.C. 25) shall continue to be exercised by him after the court created by section 12(b) of the Act of July 7, 1958 (72 Stat. 339, 348) [this section], providing for the admission of the State of Alaska into the Union, is established."
Executive Documents
Ex. Ord. No. 10867. Assumption of Functions by United States District Court for District of Alaska
Ex. Ord. No. 10867, Feb. 20, 1960, 25 F.R. 1584, provided:
WHEREAS the act of July 7, 1958, 72 Stat. 339 [set out as a note preceding section 21 of Title 48, Territories and Insular Possessions], relating to the admission of the State of Alaska into the Union, provides that the United States District Court for the Territory of Alaska shall continue to function as theretofore for a period of three years after the effective date of that act, unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of that act, is prepared to assume the functions imposed upon it; and
WHEREAS that act further provides that its provisions relating to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of the rights of litigants in suits before such courts shall not be effective until the expiration of the above-mentioned three-year period or until such Executive order is issued; and that the tenure of the judges, the United States Attorneys, Marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function; and
WHEREAS, I have appointed, by and with the advice and consent of the Senate, and commissioned the Honorable Walter N. Hodge to be United States District Judge for the District of Alaska, and he has taken his oath of office; and
WHEREAS Judge Hodge has appointed an acting United States Attorney, an acting United States Marshal, and other court officers; and
WHEREAS the United States District Court for the District of Alaska is now prepared to assume the functions imposed upon it:
NOW, THEREFORE, by virtue of the authority vested in me by section 18 of the said act of July 7, 1958 [set out above], I hereby proclaim that the United States District Court for the District of Alaska is prepared to assume the functions imposed upon it. Accordingly, the jurisdiction of the District Court for the Territory of Alaska and the tenure of the judges, the United States Attorneys, Marshals, and other officers of that court are now terminated.
Dwight D. Eisenhower.
§82. Arizona
Arizona constitutes one judicial district.
Court shall be held at Flagstaff, Globe, Phoenix, Prescott, Tucson, and Yuma.
(June 25, 1948, ch. 646, 62 Stat. 874; Pub. L. 116–40, §1, Aug. 9, 2019, 133 Stat. 1063.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §143 (June 20, 1910, ch. 310, §31, 36 Stat. 576; Oct. 3, 1913, ch. 17, §§1, 2, 38 Stat. 203).
A provision for transfer of causes, civil or criminal, from one place for holding court to another was omitted. Such provision, as to civil cases, is covered by section 1404 of this title, and, as to criminal cases, is rendered unnecessary because of inherent power of the court and Rules 18–20 of the Federal Rules of Criminal Procedure, relating to venue.
A provision for making an interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Procedure, rule 77(b).
A provision requiring the clerk to keep his office at the State capital was omitted as covered by section 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2019—Pub. L. 116–40 substituted "Flagstaff, Globe, Phoenix, Prescott, Tucson, and Yuma" for "Globe, Phoenix, Prescott, and Tucson".
§83. Arkansas
Arkansas is divided into two judicial districts to be known as the Eastern and Western Districts of Arkansas.
Eastern District
(a) The Eastern District comprises three divisions.
(1) The Central Division comprises the counties of Cleburne, Cleveland, Conway, Dallas, Drew, Faulkner, Grant, Jefferson, Lincoln, Lonoke, Perry, Pope, Prairie, Pulaski, Saline, Stone, Van Buren, White, and Yell.
Court for the Central Division shall be held at Little Rock.
(2) The Delta Division comprises the counties of Arkansas, Chicot, Crittenden, Desha, Lee, Monroe, Phillips, and St. Francis.
Court for the Delta Division shall be held at Helena.
(3) The Northern Division comprises the counties of Clay, Craighead, Cross, Fulton, Greene, Independence, Izard, Jackson, Lawrence, Mississippi, Poinsett, Randolph, Sharp, and Woodruff.
Court for the Northern Division shall be held at Jonesboro.
Western District
(b) The Western District comprises six divisions.
(1) The Texarkana Division comprises the counties of Hempstead, Howard, Lafayette, Little River, Miller, Nevada, and Sevier.
Court for the Texarkana Division shall be held at Texarkana, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas.
(2) The El Dorado Division comprises the counties of Ashley, Bradley, Calhoun, Columbia, Ouachita, and Union.
Court for the El Dorado Division shall be held at El Dorado.
(3) The Fort Smith Division comprises the counties of Crawford, Franklin, Johnson, Logan, Polk, Scott, and Sebastian.
Court for the Fort Smith Division shall be held at Fort Smith.
(4) The Harrison Division comprises the counties of Baxter, Boone, Carroll, Marion, Newton, and Searcy.
Court for the Harrison Division shall be held at Harrison.
(5) The Fayetteville Division comprises the counties of Benton, Madison, and Washington.
Court for the Fayetteville Division shall be held at Fayetteville.
(6) The Hot Springs Division comprises the counties of Clark, Garland, Hot Springs, Montgomery, and Pike.
Court for the Hot Springs Division shall be held at Hot Springs.
(June 25, 1948, ch. 646, 62 Stat. 874; Pub. L. 87–36, §5, May 19, 1961, 75 Stat. 84; Pub. L. 108–455, §3, Dec. 10, 2004, 118 Stat. 3628; Pub. L. 116–73, §2, Nov. 26, 2019, 133 Stat. 1154.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §144 (Mar. 3, 1911, ch. 231, §71, 36 Stat. 1106; Apr. 12, 1924, ch. 87, §1, 43 Stat. 90; Feb. 17, 1925, ch. 252, 43 Stat. 948; Apr. 16, 1926, ch. 147, §1, 44 Stat. 296; Apr. 21, 1926, ch. 168, 44 Stat. 304; Feb. 7, 1928, ch. 29, §1, 45 Stat. 58; Apr. 17, 1940, ch. 100, 54 Stat. 109; June 11, 1940, ch. 321, §1, 54 Stat. 302).
A provision making inoperative the terms of the last paragraph of this section, whenever court accommodations shall be provided in Federal buildings was omitted as unnecessary. When such buildings become available the Director of the Administrative Office of the United States Courts will, under section 604 of this title, provide court accommodations therein.
Provisions relating to places for maintenance of clerks' offices and requiring said offices to be kept open at all times were omitted as covered by sections 452 and 751 of this title.
The provision authorizing the referee in bankruptcy for the western division of the eastern district to serve by appointment in the Hot Springs division of the western district is to be transferred to title 11, U.S.C., 1940 ed., Bankruptcy.
The provision with reference to court accommodations at Fayetteville and Hot Springs was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2019—Subsec. (a). Pub. L. 116–73 amended subsec. (a) generally. Prior to amendment, subsec. (a) designated the Eastern, Western, Pine Bluff, Northern, and Jonesboro Divisions within the Eastern District.
2004—Subsec. (b)(1). Pub. L. 108–455 inserted ", and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas" after "held at Texarkana".
1961—Subsec. (a). Pub. L. 87–36 struck out from enumeration in par. (1) the parish of Desha and in par. (2) the parishes of Arkansas, Chicot, Cleveland, Dallas, Drew, Grant, Jefferson, and Lincoln, added par. (3) consisting of such parishes, and redesignated former par. (3) and (4) as (4) and (5), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Pub. L. 116–73, §3, Nov. 26, 2019, 133 Stat. 1154, provided that: "This Act [amending this section and enacting provisions set out as a note under section 1 of this title] and the amendment made by this Act shall take effect on the date of enactment of this Act [Nov. 26, 2019]."
§84. California
California is divided into four judicial districts to be known as the Northern, Eastern, Central, and Southern Districts of California.
Northern District
(a) The Northern District comprises the counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, Santa Clara, Santa Cruz, San Francisco, San Mateo, and Sonoma.
Court for the Northern District shall be held at Eureka, Oakland, San Francisco, and San Jose.
Eastern District
(b) The Eastern District comprises the counties of Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Fresno, Glenn, Inyo, Kern, Kings, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba.
Court for the Eastern District shall be held at Bakersfield, Fresno, Redding, and Sacramento.
Central District
(c) The Central District comprises 3 divisions.
(1) The Eastern Division comprises the counties of Riverside and San Bernardino.
Court for the Eastern Division shall be held at a suitable site in the city of Riverside, the city of San Bernardino, or not more than 5 miles from the boundary of either such city.
(2) The Western Division comprises the counties of Los Angeles, San Luis Obispo, Santa Barbara, and Ventura.
Court for the Western Division shall be held at Los Angeles.
(3) The Southern Division comprises Orange County.
Court for the Southern Division shall be held at Santa Ana.
Southern District
(d) The Southern District comprises the counties of Imperial and San Diego.
Court for the Southern District shall be held at San Diego.
(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 89–372, §3(a), Mar. 18, 1966, 80 Stat. 75; Pub. L. 96–462, §2, Oct. 15, 1980, 94 Stat. 2053; Pub. L. 102–357, §2, Aug. 26, 1992, 106 Stat. 958; Pub. L. 113–235, div. E, title III, §307, Dec. 16, 2014, 128 Stat. 2352.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §145 and section 76 of title 16, Conservation (Mar. 3, 1911, ch. 231, §72, 36 Stat. 1107; May 16, 1916, ch. 122, 39 Stat. 122; June 2, 1920, ch. 218, §2, 41 Stat. 731; Mar. 1, 1929, ch. 421, 45 Stat. 1424).
A provision relating to the place for maintenance of a clerk's office, and requiring such office to be kept open at all times, was omitted as covered by sections 452 and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2014—Subsec. (b). Pub. L. 113–235 inserted "Bakersfield," after "shall be held at".
1992—Subsec. (c). Pub. L. 102–357 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Central District comprises the counties of Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura.
"Court for the Central District shall be held at Los Angeles and Santa Ana."
1980—Subsec. (c). Pub. L. 96–462 inserted "and Santa Ana" after "at Los Angeles".
1966—Pub. L. 89–372 expanded the number of judicial districts in California from two to four by creating an Eastern and a Central District in addition to the existing Northern and Southern Districts, removed the provisions separating the Northern and Southern Districts into divisions, transferred to the newly created Eastern Division the counties of Alpine, Almador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba from the Northern District and Fresno, Inyo Kern, Kings, Madera, Mariposa, Merced, and Tulare from the Southern District, transferred to the newly created Central District the counties of Los Angeles, Orange, Riverside, San Bernardino, San Louis Obispo, Santa Barbara, and Ventura from the Southern District, substituted Eureka, Oakland, San Francisco, and San Jose for Eureka, Sacramento, and San Francisco as places for holding court for the Northern District, removed Fresno and Los Angeles from the list of places for holding court for the Southern District leaving San Diego as the only place for holding of court in the Southern District, and provided for the holding of court in Los Angeles for the Central District and in Fresno, Redding, and Sacramento for the Eastern District.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–357, §3, Aug. 26, 1992, 106 Stat. 959, provided that:
"(a) In General.—This Act [amending this section and enacting provisions set out below] and the amendments made by this Act shall take effect 6 months after the date of the enactment of this Act [Aug. 26, 1992].
"(b) Pending Cases Not Affected.—This Act and the amendments made by this Act shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the Central District of California on such date.
"(c) Juries Not Affected.—This Act and the amendments made by this Act shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Central Judicial District of California on the effective date of this Act."
Effective Date of 1980 Amendment; Savings Provision
Pub. L. 96–462, §7, Oct. 15, 1980, 94 Stat. 2054, provided that:
"(a) This Act and the amendments made by this Act [amending this section and sections 95, 105, 113, and 124 of this title and enacting provisions set out as notes under this section and sections 95, 105, and 113 of this title] shall take effect on October 1, 1981.
"(b) Nothing in this Act shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act [Oct. 1, 1981]."
Effective Date of 1966 Amendment
Pub. L. 89–372, §3(i), Mar. 18, 1966, 80 Stat. 77, provided that: "The provisions of this section [amending this section and enacting provisions set out as a note under this section and section 133 of this title] shall become effective six months after the date of enactment of this Act [Mar. 18, 1966]."
Congressional Findings Concerning Creation of Three Divisions in Central District
Pub. L. 102–357, §1, Aug. 26, 1992, 106 Stat. 958, provided that: "The Congress makes the following findings:
"(1) The Federal Government has the responsibility to provide quality services which are readily accessible to the people it serves.
"(2) The court facilities in the Central Judicial District of California are presently inadequate, and current and projected growth exacerbates the problem.
"(3) The population demographics of southern California have changed dramatically over the last decade, as the center of population shifts inland. Between 1980 and 1990, the population of Riverside County increased 76.5 percent, and San Bernardino County's population increased 58.5 percent, to a combined population of 2,600,000.
"(4) In the next 15 years, the population in Riverside and San Bernardino Counties is expected to increase again by 70 percent, and 67 percent, respectively. By the year 2005, Riverside and San Bernardino Counties will have 4,400,000 residents.
"(5) As a result of the population growth, the freeways connecting the Pacific coast and the inland areas are tremendously overburdened, and Federal offices along the coast are no longer accessible to the residents of Riverside and San Bernardino Counties.
"(6) The creation of 3 divisions in the Central Judicial District of California is urgently needed to provide for the delivery of judicial services to all areas and all residents of the Central Judicial District of California."
Study of Judicial Business in Central District, California and Eastern District, New York and Recommendations for Creation of New Judicial Districts
Pub. L. 95–573, §5, Nov. 2, 1978, 92 Stat. 2458, required the Director of the Administrative Office of the United States Courts to conduct a study of the judicial business of the Central District of California and the Eastern District of New York, within one year of Nov. 2, 1978, and to make recommendations to Congress with respect to the need for creation of new judicial districts.
Creation of Eastern and Central Districts: Transfer of District Judges; Transfer and Appointment of United States Attorneys and United States Marshals
Pub. L. 89–372, §3(b)–(g), Mar. 18, 1966, 80 Stat. 76, 77, provided that:
"(b) The two district judges for the northern district of California holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above] and whose official station is Sacramento shall, on and after such date, be district judges for the eastern district of California. All other district judges for the northern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the northern district of California.
"(c) The district judge for the southern district of California, residing in the northern division thereof and holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], shall, on and after such date, be a district judge for the eastern district of California. The two district judges for the southern district of California holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], and whose official station is San Diego shall, on and after such date, be the district judges for the southern district of California. All other district judges for the southern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the central district of California.
"(d) Nothing in this Act [amending this section and sections 44 and 133 of this title and enacting provisions set out as notes under this section and sections 44 and 133 of this title] shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the northern district of California who are in office on the effective date of this section [see Effective Date of 1966 Amendment note above], and who shall be during the remainder of their present terms of office the United States attorney and marshal for such district as constituted by this Act.
"(e) Nothing in this Act [amending this section and sections 44 and 133 of this title and enacting provisions set out as notes under this section and sections 44 and 133 of this title] shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the southern district of California who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the central district of California.
"(f) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the southern district of California.
"(g) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the eastern district of California."
§85. Colorado
Colorado constitutes one judicial district.
Court shall be held at Boulder, Colorado Springs, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling.
(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 98–620, title IV, §409, Nov. 8, 1984, 98 Stat. 3362; Pub. L. 108–455, §5, Dec. 10, 2004, 118 Stat. 3629; Pub. L. 108–482, title III, §301, Dec. 23, 2004, 118 Stat. 3918.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §146 (Mar. 3, 1911, ch. 231, §73, 36 Stat. 1108; June 12, 1916, ch. 143, 39 Stat. 225; May 29, 1924, ch. 209, 43 Stat. 243).
A provision for furnishing rooms and accommodations at Sterling was omitted as obsolete upon advice from the Director of the Administrative Office of the United States Courts that Federal accommodations are now available.
A provision authorizing adjournment at Denver when there is not business for terms at other places, is incorporated in section 138 of this title.
Provisions as to clerk's and marshal's deputies and maintenance of offices were deleted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2004—Pub. L. 108–455 and 108–482 amended section identically, inserting "Colorado Springs," after "Boulder,".
1984—Pub. L. 98–620 provided for holding court at Boulder.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–620, title IV, §411, Nov. 8, 1984, 98 Stat. 3362, provided that:
"(a) The amendments made by this subtitle [subtitle B (§§404–411) of title IV of Pub. L. 98–620, amending this section and sections 90, 93, 112, 124, and 126 of this title and enacting provisions set out as notes under sections 1, 90, 93, and 124 of this title] shall take effect on January 1, 1985.
"(b) The amendments made by this subtitle shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this subtitle [Jan. 1, 1985]."
§86. Connecticut
Connecticut constitutes one judicial district.
Court shall be held at Bridgeport, Hartford, New Haven, New London, and Waterbury.
(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 87–36, §3(b), May 19, 1961, 75 Stat. 83; Pub. L. 89–558, Sept. 7, 1966, 80 Stat. 705.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §147 (Mar. 3, 1911, ch. 231, §74, 36 Stat. 1108; Feb. 27, 1921, ch. 74, 41 Stat. 1146; June 15, 1933, ch. 80, 48 Stat. 148; Dec. 28, 1945, ch. 599, 59 Stat. 663).
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1966—Pub. L. 89–558 provided for holding court at New London.
1961—Pub. L. 87–36 provided for holding court at Bridgeport and Waterbury.
§87. Delaware
Delaware constitutes one judicial district.
Court shall be held at Wilmington.
(June 25, 1948, ch. 646, 62 Stat. 875.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §148 (Mar. 3, 1911, ch. 231, §75, 36 Stat. 1108).
Minor changes in phraseology were made.
§88. District of Columbia
The District of Columbia constitutes one judicial district.
Court shall be held at Washington.
(June 25, 1948, ch. 646, 62 Stat. 875.)
Historical and Revision Notes
This section expressly makes the District of Columbia a judicial district of the United States.
Section 41 of this title also makes the District of Columbia a judicial circuit of the United States.
Section 11–305 of the District of Columbia Code, 1940 ed., provides that the District Court of the United States for the District of Columbia shall possess the same powers and exercise the same jurisdiction as the district courts of the United States, and shall be deemed a court of the United States.
It is consonant with the ruling of the Supreme Court in O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356, that the (then called) Supreme Court and Court of Appeals of the District of Columbia are constitutional courts of the United States, ordained and established under article III of the Constitution, Congress enacted that the Court of Appeals "shall hereafter be known as the United States Court of Appeals for the District of Columbia" (Act of June 7, 1934, 48 Stat. 926); and also changed the name of the Supreme Court of the District of Columbia to "district court of the United States for the District of Columbia" (Act of June 25, 1936, 49 Stat. 1921). In Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed. 972, the Supreme Court ruled: "* * * The parallelism between the Supreme Court of the District [of Columbia] and the Court of Appeals of the District [of Columbia], on the one hand, and the district courts of the United States and the circuit courts of appeals, on the other, in the consideration and disposition of cases involving what among the States would be regarded as within Federal jurisdiction, is complete." See also to the same effect Clairborne-Annapolis Ferry Company v. United States, 1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808.
§89. Florida
Florida is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Florida.
Northern District
(a) The Northern District comprises the counties of Alachua, Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington.
Court for the Northern District shall be held at Gainesville, Marianna, Panama City, Pensacola, and Tallahassee.
Middle District
(b) The Middle District comprises the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia.
Court for the Middle District shall be held at Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint Petersburg, and Tampa.
Southern District
(c) The Southern District comprises the counties of Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie.
Court for the Southern District shall be held at Fort Lauderdale, Fort Pierce, Key West, Miami, and West Palm Beach.
(June 25, 1948, ch. 646, 62 Stat. 876; July 17, 1952, ch. 929, 66 Stat. 757; Pub. L. 87–36, §3(f), May 19, 1961, 75 Stat. 83; Pub. L. 87–562, §1, July 30, 1962, 76 Stat. 247; Pub. L. 91–272, §10, June 2, 1970, 84 Stat. 298; Pub. L. 95–408, §4(a), Oct. 2, 1978, 92 Stat. 884; Pub. L. 100–702, title X, §1021(a), Nov. 19, 1988, 102 Stat. 4672.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §149 (Mar. 3, 1911, ch. 231, §76, 36 Stat. 1108; June 15, 1933, ch. 77, 48 Stat. 147; Aug. 25, 1937, ch. 763, §1, 50 Stat. 800).
A provision requiring rooms and accommodations to be furnished at Orlando without cost to the United States was omitted as obsolete, upon advice of the Director of the Administrative Office for the United States Courts that Federal accommodations are now available in Orlando.
A provision requiring court to be open at all times was omitted as covered by section 452 of this title.
A provision that no deputy clerk or deputy marshal should be appointed at Fort Pierce, was omitted as incongruous with other sections of this title. See sections 541 [see 561], 542 [see 561], and 751 of this title.
The provision respecting court accommodations at Fort Pierce and Panama City was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1988—Subsec. (b). Pub. L. 100–702, §1021(a)(1), added Collier, Glades, and Hendry to the counties comprising the Middle District.
Subsec. (c). Pub. L. 100–702, §1021(a)(2), struck out Collier, Glades, and Hendry from the counties comprising the Southern District.
1978—Subsec. (a). Pub. L. 95–408, §4(a)(1), added Madison to the counties comprising the Northern District.
Subsec. (b). Pub. L. 95–408, §4(a)(2), struck out Madison from the counties comprising the Middle District.
1970—Subsec. (c). Pub. L. 91–272 provided for holding court at Fort Lauderdale.
1962—Pub. L. 87–562 struck out provisions which authorized court for the Northern District to be held at Live Oak, and for the Southern District at Fernandina, Fort Myers, Jacksonville, Ocala, Orlando, and Tampa, and removed the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Columbia, De Soto, Duval, Flagler, Hamilton, Hardee, Hernando, Hillsborough, Lake, Lee, Madison, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Saint Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia from the Southern District and created the Middle District to comprise such counties.
1961—Subsec. (a). Pub. L. 87–36 provided for holding court at Live Oak.
1952—Subsec. (b). Act July 17, 1952, provided for holding court at Fort Myers and West Palm Beach.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–702, title X, §1021(b), (c), Nov. 19, 1988, 102 Stat. 4672, provided that:
"(b) Effective Date.—(1) The amendments made by this section [amending this section] shall take effect 90 days after the date of enactment of this title [Nov. 19, 1988].
"(2) The amendments made by subsection (a) [amending this section] shall apply to any action commenced in the United States District Court for the Middle District of Florida, or in the United States District Court for the Southern District of Florida, on or after the effective date of this title [probably should be effective date of this section], and shall not affect any action pending in either such court on such effective date.
"(c) Juries.—The amendments made by this section [amending this section] shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving on the effective date of this title [probably should be effective date of this section]."
Effective Date of 1978 Amendment; Savings Provision
Pub. L. 95–408, §5, Oct. 2, 1978, 92 Stat. 885, provided that:
"(a) The amendments made by this Act [amending this section and sections 93, 97, 98, 104, 112, 114, and 133 of this title and enacting provisions set out as a note under section 81 of this title] shall take effect 180 days after the date of enactment of this Act [Oct. 2, 1978].
"(b) Nothing in this Act shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act."
Effective Date of 1962 Amendment
Pub. L. 87–562, §5, July 30, 1962, 76 Stat. 248, provided that: "This Act [amending this section and section 133 of this title and enacting provisions set out as notes under this section and section 142 of this title] shall become effective ninety days after the date of enactment [July 30, 1962]."
District Judges, United States Attorneys, and United States Marshals Designations; Tenure; Appointments
Pub. L. 87–562, §2, July 30, 1962, 76 Stat. 248, provided that:
"(a) The district judge appointed September 26, 1950, the district judge appointed August 13, 1955, and the district judge appointed March 8, 1961, all for the Southern District of Florida, shall hereafter be designated as district judges for the Middle District of Florida.
"(b) The district judge for the Northern and Southern Districts of Florida shall hereafter be designated as the district judge for the Northern, Middle, and Southern Districts of Florida.
"(c) Nothing in this Act [amending this section and section 133 of this title, and enacting provisions set out as notes under this section and section 142 of this title] shall in any manner affect the tenure of office of the United States Attorney and the United States Marshal for the Northern District of Florida who are in office at the time of the enactment of this Act [July 30, 1962], and who shall be during the remainder of their present terms of office the United States Attorney and Marshal for such district as constituted by this Act.
"(d) Nothing in this Act [amending this section and section 133 of this title and enacting provisions set out as notes under this section and section 142 of this title] shall in any manner affect the tenure of office of the United States Attorney and the United States Marshal for the Southern District of Florida who are in office at the time of the enactment of this Act [July 30, 1962], and who shall be during the remainder of their present terms of office the United States Attorney and Marshal for the Middle District of Florida as constituted by this Act.
"(e) The President is authorized to appoint, by and with the advice and consent of the Senate, a United States Attorney and a United States Marshal for the Southern District of Florida."
Elimination of District Judgeship for Northern, Middle, and Southern Districts of Florida
District judgeship for northern, middle, and southern districts changed to district judgeship for middle district only, see section 2(b) of Pub. L. 89–372, set out as a note under section 133 of this title.
§90. Georgia
Georgia is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Georgia.
Northern District
(a) The Northern District comprises four divisions.
(1) The Gainesville Division comprises the counties of Banks, Barrow, Dawson, Fannin, Forsyth, Gilmer, Habersham, Hall, Jackson, Lumpkin, Pickens, Rabun, Stephens, Towns, Union, and White.
Court for the Gainesville Division shall be held at Gainesville.
(2) The Atlanta Division comprises the counties of Cherokee, Clayton, Cobb, De Kalb, Douglas, Fulton, Gwinnett, Henry, Newton, and Rockdale.
Court for the Atlanta Division shall be held at Atlanta.
(3) The Rome Division comprises the counties of Bartow, Catoosa, Chattooga, Dade, Floyd, Gordon, Murray, Paulding, Polk, Walker, and Whitfield.
Court for the Rome Division shall be held at Rome.
(4) The Newnan Division comprises the counties of Carroll, Coweta, Fayette, Haralson, Heard, Meriwether, Pike, Spalding, and Troup.
Court for the Newnan Division shall be held at Newnan.
Middle District
(b) The Middle District comprises seven divisions.
(1) The Athens Division comprises the counties of Clarke, Elbert, Franklin, Greene, Hart, Madison, Morgan, Oconee, Oglethorpe, and Walton.
Court for the Athens Division shall be held at Athens.
(2) The Macon Division comprises the counties of Baldwin, Bibb, Bleckley, Butts, Crawford, Hancock, Houston, Jasper, Jones, Lamar, Monroe, Peach, Pulaski, Putnam, Twiggs, Upson, Washington, and Wilkinson.
Court for the Macon Division shall be held at Macon.
(3) The Columbus Division comprises the counties of Chattahoochee, Clay, Harris, Marion, Muscogee, Quitman, Randolph, Stewart, Talbot, and Taylor.
Court for the Columbus Division shall be held at Columbus.
(4) The Americus Division comprises the counties of Ben Hill, Crisp, Dooly, Lee, Macon, Schley, Sumter, Terrell, Webster, and Wilcox.
Court for the Americus Division shall be held at Americus.
(5) The Albany Division comprises the counties of Baker, Calhoun, Dougherty, Early, Miller, Mitchell, Turner, and Worth.
Court for the Albany Division shall be held at Albany.
(6) The Valdosta Division comprises the counties of Berrien, Clinch, Cook, Echols, Irwin, Lanier, Lowndes, and Tift.
Court for the Valdosta Division shall be held at Valdosta.
(7) The Thomasville Division comprises the counties of Brooks, Colquitt, Decatur, Grady, Seminole, and Thomas.
Court for the Thomasville Division shall be held at Thomasville.
Southern District
(c) The Southern District comprises six divisions.
(1) The Augusta Division comprises the Counties of Burke, Columbia, Glascock, Jefferson, Lincoln, McDuffie, Richmond, Taliaferro, Warren, and Wilkes.
Court for the Augusta Division shall be held at Augusta.
(2) The Dublin Division comprises the counties of Dodge, Johnson, Laurens, Montgomery, Telfair, Treutlen, and Wheeler.
Court for the Dublin Division shall be held at Dublin.
(3) The Savannah Division comprises the counties of Bryan, Chatham, Effingham, and Liberty.
Court for the Savannah Division shall be held at Savannah.
(4) The Waycross Division comprises the counties of Atkinson, Bacon, Brantley, Charlton, Coffee, Pierce, and Ware.
Court for the Waycross Division shall be held at Waycross.
(5) The Brunswick Division comprises the counties of Appling, Camden, Glynn, Jeff Davis, Long, McIntosh, and Wayne.
Court for the Brunswick Division shall be held at Brunswick.
(6) The Statesboro Division comprises the counties of Bulloch, Candler, Emanuel, Evans, Jenkins, Screven, Tattnall, and Toombs.
Court for the Statesboro Division shall be held at Statesboro.
(June 25, 1948, ch. 646, 62 Stat. 876; Aug. 16, 1949, ch. 444, 63 Stat. 610; Oct. 31, 1951, ch. 655, §36a, 65 Stat. 723; Pub. L. 98–620, title IV, §408(a)–(c), Nov. 8, 1984, 98 Stat. 3362; Pub. L. 99–657, §3, Nov. 14, 1986, 100 Stat. 3670.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §150 (Mar. 3, 1911, ch. 231, §77, 36 Stat. 1108; May 28, 1926, ch. 414, §§1, 2, 44 Stat. 670; Aug. 22, 1935, ch. 603, §§1–3, 49 Stat. 680, 681; June 20, 1936, ch. 639, 49 Stat. 1561; Aug. 21, 1937, ch. 728, §§1, 2, 50 Stat. 739, 740; Mar. 6, 1942, ch. 153, §§1–3, 56 Stat. 139; Oct. 29, 1945, ch. 435, 59 Stat. 550).
Provisions for furnishing rooms and accommodations at Americus and Dublin were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of those places.
The provisions respecting court accommodations at Brunswick, Newnan, or Thomasville were omitted as covered by section 142 of this title.
Since the latest amendment of section 150 of title 28, U.S.C., 1940 ed., the former counties of Campbell and Milton were merged with Fulton County in the Atlanta Division of the Northern District.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1986—Subsec. (c)(1). Pub. L. 99–657, §3(1), substituted "Jefferson, Lincoln" for "Lincoln".
Subsec. (c)(3). Pub. L. 99–657, §3(2), substituted "and Liberty" for "Evans, Liberty, Screven, and Tattnall".
Subsec. (c)(6). Pub. L. 99–657, §3(3), substituted "Evans, Jenkins, Screven, Tattnall" for "Jefferson, Jenkins".
1984—Subsec. (a)(1). Pub. L. 98–620, §408(a), added Fannin, Gilmer, and Pickens to the counties comprising the Gainesville Division of the Northern District.
Subsec. (a)(2). Pub. L. 98–620, §408(b), struck out Fannin, Gilmer, and Pickens from the counties comprising the Atlanta Division of the Northern District.
Subsec. (c)(6). Pub. L. 98–620, §408(c), substituted "Statesboro" for "Swainsboro" in three places.
1951—Subsec. (c)(6). Act Oct. 31, 1951, struck out "Washington,".
1949—Subsec. (c). Act Aug. 16, 1949, created a Swainsboro division and provided for holding court there.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–657 effective 90 days after Nov. 14, 1986, and not to affect any action commenced before and pending on such effective date, or to affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving on such date, see section 4 of Pub. L. 99–657, set out as a note under section 121 of this title.
Effective Date of 1984 Amendment
Pub. L. 98–620, title IV, §408(d), Nov. 8, 1984, 98 Stat. 3362, provided that: "The amendments made by this section [amending this section] shall apply to any action commenced in the United States District Court for the Northern District of Georgia on or after the effective date of this subtitle [Jan. 1, 1985], and shall not affect any action pending in such court on such effective date."
Amendment by Pub. L. 98–620 effective Jan. 1, 1985, and not to affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on that date, see section 411 of Pub. L. 98–620, set out as a note under section 85 of this title.
§91. Hawaii
Hawaii constitutes one judicial district which includes the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island: Provided, That the inclusion of Canton and Enderbury Islands in such judicial district shall in no way be construed to be prejudicial to the claims of the United Kingdom to said Islands in accordance with the agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common.
Court shall be held at Honolulu.
(June 25, 1948, ch. 646, 62 Stat. 877; May 24, 1949, ch. 139, §64a, 63 Stat. 99; Pub. L. 86–3, §14(i), Mar. 18, 1959, 73 Stat. 11; Pub. L. 86–624, §19, July 12, 1960, 74 Stat. 416.)
Historical and Revision Notes
Based on sections 641 and 642a of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 30, 1900, ch. 339, §86, 31 Stat. 158; Mar. 3, 1909, ch. 269, §1, 35 Stat. 838; July 9, 1921, ch. 42, §313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, §1, 44 Stat. 919; Aug. 13, 1940, ch. 662, 54 Stat. 784).
Section consolidates parts of sections 641 and 642a of title 48, U.S.C., 1940 ed.
The provisions of section 641 of title 48, U.S.C., 1940 ed., with reference to regular and special terms and the times of holding same were omitted as covered by sections 138 and 141 of this title.
Provisions of section 642a of title 48, U.S.C., 1940 ed., relating to jurisdiction of civil actions and criminal offenses, were omitted as covered by the general jurisdictional provisions of this title and revised title 18 (H. R. 3190, 80th Cong.).
Provisions of section 642a of title 48, U.S.C., 1940 ed., as to appeals were omitted as covered by section 1295 of this title. Provisions of said section 642a with reference to juries and jury trials were omitted as covered by chapter 121 of this title.
Other provisions of section 641 of title 48, U.S.C., 1940 ed., are incorporated in sections 132 and 133 of this title.
Changes were made in phraseology.
Editorial Notes
Amendments
1960—Pub. L. 86–624 struck out Kure Island.
1959—Pub. L. 86–3 included Palmyra Island.
1949—Act May 24, 1949, inserted provisions relating to inclusion of Canton and Enderbury Islands.
Statutory Notes and Related Subsidiaries
Effective Date of 1959 Amendment
Pub. L. 86–3, §14, Mar. 18, 1959, 73 Stat. 10, provided that the amendments of sections 91, 373, 1252, 1293, and 1294 of this title, sections 3771 and 3772 of Title 18, Crimes and Criminal Procedure, and section 644a of Title 48, Territories and Insular Possessions, the repeal of sections 536, 539, 634, 634a, and 645 of title 48, and notes set out under sections 371 and 373 of this title, are effective on admission of the State of Hawaii into the Union. See Admission of Hawaii as State note below.
Canton and Enderbury Islands; Sovereignty of Kiribati
By a treaty of friendship, TIAS 10777, which entered into force Sept. 23, 1983, the United States recognized the sovereignty of Kiribati over Canton Island and Enderbury Island.
Court of the United States; District Judges
Pub. L. 86–3, §9(a), Mar. 18, 1959, 73 Stat. 8, provided that: "The United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall thence forth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States: Provided, however, That the terms of office of the district judges for the district of Hawaii then in office shall terminate upon the effective date of this section and the President, pursuant to sections 133 and 134 of title 28, United States Code, as amended by this Act, shall appoint, by and with the advice and consent of the Senate, two district judges for the said district who shall hold office during good behavior."
Section 9 of Pub. L. 86–3 provided in part that subsec. (a) of that section should be effective upon the admission of the State of Hawaii into the Union.
Continuation of Suits
Pub. L. 86–3, §12, Mar. 18, 1959, 73 Stat. 9, provided that: "No writ, action, indictment, cause, or proceeding pending in any court of the Territory of Hawaii or in the United States District Court for the District of Hawaii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, indictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law.
"All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii."
Appeals
Pub. L. 86–3, §13, Mar. 18, 1959, 73 Stat. 10, provided that: "Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Hawaii or the Supreme Court of the Territory of Hawaii in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Hawaii or a court of the State, as may be appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Hawaii and of the Supreme Court of the State of Hawaii as successor to the Supreme Court of the Territory of Hawaii, in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of said State into the Union."
Extension of Jurisdiction of United States District Court for District of Hawaii and of Civil and Criminal Laws to Midway, Wake, Johnson, Sand, etc., Islands
The jurisdiction of the United States District Court for the District of Hawaii and the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belonging to the United States were extended to the Midway Islands, Wake, Johnson, Sand, etc., Islands by section 644a of Title 48, Territories and Insular Possessions.
Executive Documents
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
§92. Idaho
Idaho, exclusive of Yellowstone National Park, constitutes one judicial district.
Court shall be held at Boise, Coeur d'Alene, Moscow, and Pocatello.
(June 25, 1948, ch. 646, 62 Stat. 877; Pub. L. 91–272, §5, June 2, 1970, 84 Stat. 297.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §151 (Mar. 3, 1911, ch. 231, §78, 36 Stat. 1109; May 11, 1939, ch. 121, 53 Stat. 738).
All of Yellowstone National Park is included in the judicial district of Wyoming by section 131 of this title. Those parts of the park lying in Idaho are accordingly excluded from the judicial district of Idaho.
A provision as to the places for maintenance of the clerk's offices, and requiring that they be open at all times, was omitted as covered by sections 452–751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1970—Pub. L. 91–272 struck out provisions which had divided the judicial district of Idaho into a Northern Division, a Central Division, a Southern Division, and an Eastern Division.
§93. Illinois
Illinois is divided into three judicial districts to be known as the Northern, Central, and Southern Districts of Illinois.
Northern District
(a) The Northern District comprises two divisions.
(1) The Eastern Division comprises the counties of Cook, Du Page, Grundy, Kane, Kendall, Lake, La Salle, and Will.
Court for the Eastern Division shall be held at Chicago and Wheaton.
(2) The Western Division comprises the counties of Boone, Carroll, De Kalb, Jo Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, and Winnebago.
Court for the Western Division shall be held at Freeport and Rockford.
Central District
(b) The Central District comprises the counties of Adams, Brown, Bureau, Cass, Champaign, Christian, Coles, De Witt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, Henderson, Henry, Iroquois, Kankakee, Knox, Livingston, Logan, McDonough, McLean, Macoupin, Macon, Marshall, Mason, Menard, Mercer, Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Putnam, Rock Island, Sangamon, Schuyler, Scott, Shelby, Stark, Tazewell, Vermilion, Warren, and Woodford.
Court for the Central District shall be held at Champaign/Urbana, Danville, Peoria, Quincy, Rock Island, and Springfield.
Southern District
(c) The Southern District comprises the counties of Alexander, Bond, Calhoun, Clark, Clay, Clinton, Crawford, Cumberland, Edwards, Effingham, Fayette, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Jersey, Johnson, Lawrence, Madison, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, St. Clair, Saline, Union, Wabash, Washington, Wayne, White, and Williamson.
Court for the Southern District shall be held at Alton, Benton, Cairo, and East Saint Louis.
(June 25, 1948, ch. 646, 62 Stat. 878; Aug. 10, 1950, ch. 675, §1, 64 Stat. 438; Pub. L. 87–36, §3(c), May 19, 1961, 75 Stat. 83; Pub. L. 91–272, §8, June 2, 1970, 84 Stat. 297; Pub. L. 95–408, §4(b)(1), Oct. 2, 1978, 92 Stat. 884; Pub. L. 95–573, §1, Nov. 2, 1978, 92 Stat. 2458; Pub. L. 98–620, title IV, §406(a), (c), Nov. 8, 1984, 98 Stat. 3361; Pub. L. 106–130, §2, Dec. 6, 1999, 113 Stat. 1677.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §152 (Mar. 3, 1911, ch. 231, §79, 36 Stat. 1110; Aug. 12, 1937, ch. 594, 50 Stat. 624; June 6, 1940, ch. 247, 54 Stat. 237).
Provisions relating to appointment of deputy marshals and maintenance of offices by deputy marshals and deputy clerks were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1999—Subsec. (a)(1). Pub. L. 106–130 inserted "and Wheaton" before period at end.
1984—Subsec. (a)(1). Pub. L. 98–620, §406(a)(1), struck out De Kalb and McHenry from the counties comprising the Eastern Division of the Northern District.
Subsec. (a)(2). Pub. L. 98–620, §406(a)(2), added De Kalb and McHenry to the counties comprising the Western Division of the Northern District.
Subsec. (b). Pub. L. 98–620, §406(c), provided for holding court at Champaign/Urbana.
1978—Pub. L. 95–408 substituted in introductory provisions "Northern, Central, and Southern Districts of Illinois" for "Northern, Southern, and Eastern Districts of Illinois".
Subsec. (a)(1). Pub. L. 95–573, §1(1), struck out Kankakee from the counties comprising the Eastern Division of the Northern District.
Pub. L. 95–408 added Kankakee to the counties comprising the Eastern Division of the Northern District.
Subsec. (b). Pub. L. 95–573, §1(2), added Kankakee to the counties comprising the Central District.
Pub. L. 95–408 substituted "Central District" for "Southern District" in heading, struck out subsec. (b)(1) and (2) designations, which divided Southern District into a Northern and Southern Division, and in such newly created Central District, added counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Moultrie, Piatt, Shelby, and Vermilion to, and struck out counties of Bond, Calhoun, Jersey, and Madison from, those counties comprising the new Central District, and substituted provisions for holding of a term of Court for Central District at Danville, Peoria, Quincy, Rock Island, and Springfield for provisions for holding of a term of Court for Northern Division of the former Southern District at Peoria and Rock Island and for Southern Division of former Southern District at Alton, Quincy, and Springfield.
Subsec. (c). Pub. L. 95–408 substituted "Southern District" for "Eastern District" in heading, and in such Southern District added counties of Bond, Calhoun, Jersey, and Madison to, and struck out counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Kankakee, Moultrie, Piatt, Shelby and Vermilion from, those counties comprising Southern District, and substituted provisions for holding of a term of Court for Southern District at Alton, Benton, Cairo, and East Saint Louis for provisions for holding of a term of Court for Eastern District at Benton, Cairo, Danville, and East Saint Louis.
1970—Subsec. (a)(2). Pub. L. 91–272 provided for holding court at Rockford.
1961—Subsec. (b)(2). Pub. L. 87–36 provided for holding court at Alton.
1950—Subsec. (b)(1). Act Aug. 10, 1950, provided for holding court at Rock Island.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–620, title IV, §406(b), Nov. 8, 1984, 98 Stat. 3361, provided that: "The amendments made by subsection (a) of this section [amending this section] shall apply to any action commenced in the United States District Court for the Northern District of Illinois on or after the effective date of this subtitle [Jan. 1, 1985], and shall not affect any action pending in such court on such effective date."
Amendment by Pub. L. 98–620 effective Jan. 1, 1985, and not to affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on that date, see section 411 of Pub. L. 98–620, set out as a note under section 85 of this title.
Effective Date of 1978 Amendment
Pub. L. 95–573, §6, Nov. 2, 1978, 92 Stat. 2458, as amended by Pub. L. 96–4, §2, Mar. 30, 1979, 93 Stat. 7, provided that:
"(a) Except as provided in subsection (b) of this section, the provisions of this Act [amending this section and sections 99, 112, and 118 of this title and enacting a provision set out as a note under section 84 of this title] shall take effect 180 days after the date of enactment of this Act [Nov. 2, 1978].
"(b)(1) The provisions of section 5 of this Act [set out as a note under section 84 of this title] shall take effect on the date of enactment of this Act [Nov. 2, 1978].
"(2) The provisions of the first section of this Act [amending this section] shall take effect on March 31, 1979.
"(c) Nothing in this Act [amending this section and sections 99, 112, and 118 of this title and enacting provisions set out as a note under section 84 of this title] shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act."
Effective Date of 1978 Amendment; Savings Provision
Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.
District Judges, United States Attorneys, Assistant United States Attorneys, and United States Marshals for Central and Southern Districts; Designation; Tenure; Appointment; Grand Jury
Pub. L. 95–408, §4(b)(2)–(4), as added by Pub. L. 96–4, §1, Mar. 30, 1979, 93 Stat. 6, provided that:
"(2) The district judge for the Eastern District of Illinois in office on the effective date of this Act [180 days after Oct. 2, 1978] who is senior in commission shall, on and after the effective date of this Act, be a district judge for the Southern District of Illinois. The remaining district judge for the Eastern District of Illinois who is in office on the effective date of this Act and the district judges for the Southern District of Illinois who are in office on the effective date of this Act shall, on and after the effective date of this Act, be district judges for the Central District of Illinois. The President shall appoint, by and with the advice and consent of the Senate, a second district judge for the Southern District of Illinois.
"(3) This section does not in any manner affect the tenure of the United States attorney, the assistant United States attorneys, or the United States marshal for the Eastern District of Illinois or for the Southern District of Illinois who are in office on the effective date of this Act [180 days after Oct. 2, 1978]. The United States attorney, the assistant United States attorneys, and the United States marshal for the Eastern District and for the Southern District of Illinois shall, on the effective date of this Act, become the United States attorney, the assistant United States attorneys, and the United States marshal for the Southern District and for the Central District of Illinois, respectively.
"(4) Notwithstanding section 3240 of title 18, United States Code, any grand jury impaneled on or after the effective date of this Act [180 days after Oct. 2, 1978] by a district court for the Central District or the Southern District of Illinois may inquire into and return indictments charging offenses against the criminal laws of the United States alleged to have been committed anywhere within the territory of the respective judicial districts as such districts were constituted before or after the effective date of this Act."
§94. Indiana
Indiana is divided into two judicial districts to be known as the Northern and Southern Districts of Indiana.
Northern District
(a) The Northern District comprises three divisions.
(1) The Fort Wayne Division comprises the counties of Adams, Allen, Blackford, De Kalb, Grant, Huntington, Jay, Lagrange, Noble, Steuben, Wells, and Whitley.
Court for the Fort Wayne Division shall be held at Fort Wayne.
(2) The South Bend Division comprises the counties of Cass, Elkhart, Fulton, Kosciusko, La Porte, Marshall, Miami, Pulaski, St. Joseph, Starke, and Wabash.
Court for the South Bend Division shall be held at South Bend.
(3) The Hammond Division comprises the counties of Benton, Carroll, Jasper, Lake, Newton, Porter, Tippecanoe, Warren, and White.
Court for the Hammond Division shall be held at Hammond and Lafayette.
Southern District
(b) The Southern District comprises four divisions.
(1) The Indianapolis Division comprises the counties of Bartholomew, Boone, Brown, Clinton, Decatur, Delaware, Fayette, Fountain, Franklin, Hamilton, Hancock, Hendricks, Henry, Howard, Johnson, Madison, Marion, Monroe, Montgomery, Morgan, Randolph, Rush, Shelby, Tipton, Union, and Wayne.
Court for the Indianapolis Division shall be held at Indianapolis and Richmond.
(2) The Terre Haute Division comprises the counties of Clay, Greene, Knox, Owen, Parke, Putnam, Sullivan, Vermilion, and Vigo.
Court for the Terre Haute Division shall be held at Terre Haute.
(3) The Evansville Division comprises the counties of Davies, Dubois, Gibson, Martin, Perry, Pike, Posey, Spencer, Vanderburgh, and Warrick.
Court for the Evansville Division shall be held at Evansville.
(4) The New Albany Division comprises the counties of Clark, Crawford, Dearborn, Floyd, Harrison, Jackson, Jefferson, Jennings, Lawrence, Ohio, Orange, Ripley, Scott, Switzerland, and Washington.
Court for the New Albany Division shall be held at New Albany.
(June 25, 1948, ch. 646, 62 Stat. 878; Feb. 10, 1954, ch. 6, §2(b)(7), 68 Stat. 11; Pub. L. 91–272, §9, June 2, 1970, 84 Stat. 298.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §153 (Mar. 3, 1911, ch. 231, §80, 36 Stat. 1110; Apr. 21, 1928, ch. 393, 45 Stat. 437).
Words "when the time fixed as above for the sitting of a court shall fall on a legal holiday the terms shall begin on the next day following," were omitted as within the discretion of the court and coverable by rule of court.
A provision that terms should not be limited to any particular number of days, and that a term about to commence in another division might be adjourned until the business of the court in session was concluded, was omitted as covered by section 140 of this title.
A provision authorizing indictments for offenses committed in divisions other than that wherein a grand jury is sitting was omitted as covered by Federal Rules of Criminal Procedure, Rules 6, 7.
Provisions as to maintenance of clerks' offices were omitted as covered by sections 452 and 751 of this title.
The following provisions were omitted as either executed or covered by section 501 [now 541] et seq. and section 541 [now 561] et seq. of this title, containing similar provisions as to United States attorneys and marshals:
"A. The senior district judge for the district of Indiana in office immediately prior to April 21, 1928, shall be the district judge for the southern district as constituted by this section; the junior district judge for the district of Indiana immediately prior to April 21, 1928, shall be the district judge for the northern district as constituted by this section; and the district attorney and marshal for the district of Indiana in office immediately prior to April 21, 1928, shall be during the remainder of their present terms of office the district attorney and marshal for the southern district as constituted by this section.
"B. The President is authorized and directed to appoint, by and with the advice and consent of the Senate, a district attorney and a marshal for the United States District Court for the Northern District of Indiana."
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1970—Subsec. (b)(1). Pub. L. 91–272 provided for holding court at Richmond.
1954—Subsec. (a)(3). Act Feb. 10, 1954, provided for holding court at Lafayette.
§95. Iowa
Iowa is divided into two judicial districts to be known as the Northern and Southern Districts of Iowa.
Northern District
(a) The Northern District comprises four divisions.
(1) The Cedar Rapids Division comprises the counties of Benton, Cedar, Grundy, Hardin, Iowa, Jones, Linn, and Tama.
Court for the Cedar Rapids Division shall be held at Cedar Rapids.
(2) The Eastern Division comprises the counties of Allamakee, Black Hawk, Bremer, Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Floyd, Howard, Jackson, Mitchell, and Winneshiek.
Court for the Eastern Division shall be held at Dubuque and Waterloo.
(3) The Western Division comprises the counties of Buena Vista, Cherokee, Clay, Crawford, Dickinson, Ida, Lyon, Monona, O'Brien, Osceola, Plymouth, Sac, Sioux, and Woodbury.
Court for the Western Division shall be held at Sioux City.
(4) The Central Division comprises the counties of Butler, Calhoun, Carroll, Cerro Gordo, Emmet, Franklin, Hamilton, Hancock, Humboldt, Kossuth, Palo Alto, Pocahontas, Webster, Winnebago, Worth, and Wright.
Court for the Central Division shall be held at Fort Dodge and Mason City.
Southern District
(b) The Southern District comprises six divisions.
(1) The Central Division comprises the counties of Boone, Dallas, Greene, Guthrie, Jasper, Madison, Marion, Marshall, Polk, Poweshiek, Story, and Warren.
Court for the Central Division shall be held at Des Moines.
(2) The Eastern Division comprises the counties of Des Moines, Henry, Lee, Louisa, and Van Buren.
Court for the Eastern Division shall be held at Keokuk.
(3) The Western Division comprises the counties of Audubon, Cass, Fremont, Harrison, Mills, Montgomery, Page, Pottawattamie, and Shelby.
Court for the Western Division shall be held at Council Bluffs.
(4) The Southern Division comprises the counties of Adair, Adams, Clarke, Decatur, Lucas, Ringgold, Taylor, Union, and Wayne.
Court for the Southern Division shall be held at Creston.
(5) The Davenport Division comprises the counties of Clinton, Johnson, Muscatine, Scott, and Washington.
Court for the Davenport Division shall be held at Davenport.
(6) The Ottumwa Division comprises the counties of Appanoose, Davis, Jefferson, Keokuk, Mahaska, Monroe, and Wapello.
Court for the Ottumwa Division shall be held at Ottumwa.
(June 25, 1948, ch. 646, 62 Stat. 879; Pub. L. 96–462, §3(a), Oct. 15, 1980, 94 Stat. 2053.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§156 and 156a (Mar. 3, 1911, ch. 231, §81, 36 Stat. 1111; Mar. 3, 1913, ch. 122, 37 Stat. 734; Feb. 23, 1916, ch. 32, 39 Stat. 12; Apr. 27, 1916, ch. 90, 39 Stat. 55; Mar. 4, 1923, ch. 256, 42 Stat. 1483; Jan. 28, 1925, ch. 104, 43 Stat. 794; July 5, 1937, ch. 428, 50 Stat. 474).
A provision relating to the maintenance of clerk's office was omitted as covered by section 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1980—Subsec. (b)(3). Pub. L. 96–462, §3(a)(1), added Fremont and Page counties to Western Division of Southern District.
Subsec. (b)(4). Pub. L. 96–462, §3(a)(2), struck out references to Fremont and Page counties in list of counties comprising Southern Division of Southern District.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment; Savings Provision
Amendment by Pub. L. 96–462 effective Oct. 1, 1981, but not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96–462, set out as a note under section 84 of this title.
Pub. L. 96–462, §3(b), Oct. 15, 1980, 94 Stat. 2053, provided that: "The amendments made by subsection (a) [amending this section] shall not apply to any action commenced before the effective date of such amendments [Oct. 1, 1981] and pending in the United States District Court for the Southern District of Iowa on such date."
Holding Court for the Southern District of Iowa
Pub. L. 107–273, div. C, title I, §11029, Nov. 2, 2002, 116 Stat. 1836, as amended by Pub. L. 108–455, §1, Dec. 10, 2004, 118 Stat. 3628, provided that: "Notwithstanding any other provision of law, during the period beginning on January 1, 2003, through July 1, 2006, the United States District Court for the Southern District of Iowa may—
"(1) with the consent of the parties in any case filed in the Eastern Division or the Davenport Division of the Southern District of Iowa, hold court on that case in Rock Island, Illinois; and
"(2) summon jurors from the Southern District of Iowa to serve in any case described under paragraph (1)."
§96. Kansas
Kansas constitutes one judicial district.
Court shall be held at Kansas City, Lawrence, Leavenworth, Salina, Topeka, Hutchinson, Wichita, Dodge City, and Fort Scott.
(June 25, 1948, ch. 646, 62 Stat. 880; Aug. 27, 1949, ch. 516, 63 Stat. 666; Pub. L. 99–554, title I, §141, Oct. 27, 1986, 100 Stat. 3096.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §157 (Mar. 3, 1911, ch. 231, §82, 36 Stat. 1112; Sept. 6, 1916, ch. 447, 39 Stat. 725; June 7, 1924, ch. 319, 43 Stat. 607; June 13, 1938, ch. 349, 52 Stat. 673).
Provisions as to the appointment and residence of deputy marshals and deputy clerks and maintenance of offices by them were omitted. See sections 541 [see 561], 542 [see 561], and 751 of this title.
A provision making inoperative the terms of the last paragraph of this section, whenever, upon the recommendation of the Attorney General, court accommodations should be provided in Federal buildings, was omitted as unnecessary. When such buildings become available the Director of the Administrative Office of the United States Courts will, under section 604 of this title, provide court accommodations therein.
The provision respecting court accommodations at Hutchinson was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1986—Pub. L. 99–554 provided for holding court at Lawrence.
1949—Act Aug. 27, 1949, abolished the three divisions which constituted the judicial district, and added Dodge City as an additional place for holding court.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.
§97. Kentucky
Kentucky is divided into two judicial districts to be known as the Eastern and Western Districts of Kentucky.
Eastern District
(a) The Eastern District comprises the counties of Anderson, Bath, Bell, Boone, Bourbon, Boyd, Boyle, Bracken, Breathitt, Campbell, Carroll, Carter, Clark, Clay, Elliott, Estill, Fayette, Fleming, Floyd, Franklin, Gallatin, Garrard, Grant, Greenup, Harlan, Harrison, Henry, Jackson, Jessamine, Johnson, Kenton, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Mason, Menifee, Mercer, Montgomery, Morgan, Nicholas, Owen, Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Scott, Shelby, Trimble, Wayne, Whitley, Wolfe, and Woodford.
Court for the Eastern District shall be held at Ashland, Catlettsburg, Covington, Frankfort, Jackson, Lexington, London, Pikeville, and Richmond.
Western District
(b) The Western District comprises the counties of Adair, Allen, Ballard, Barren, Breckenridge, Bullitt, Butler, Caldwell, Calloway, Carlisle, Casey, Christian, Clinton, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hancock, Hardin, Hart, Henderson, Hickman, Hopkins, Jefferson, Larue, Livingston, Logan, Lyon, McCracken, McLean, Marion, Marshall, Meade, Metcalfe, Monroe, Muhlenberg, Nelson, Ohio, Oldham, Russell, Simpson, Spencer, Taylor, Todd, Trigg, Union, Warren, Washington, and Webster.
Court for the Western District shall be held at Bowling Green, Louisville, Owensboro, and Paducah.
(June 25, 1948, ch. 646, 62 Stat. 880; Pub. L. 95–408, §2(a), Oct. 2, 1978, 92 Stat. 883.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §158 (Mar. 3, 1911, ch. 231, §83, 36 Stat. 1112; Jan. 29, 1920, ch. 57, 41 Stat. 400; June 22, 1936, ch. 707, 49 Stat. 1822).
Last paragraph of section 158 of title 28, U.S.C., 1940 ed., relating to process, was omitted as covered by Rule 4 of the Federal Rules of Civil Procedure.
Provisions relating to maintenance of clerk's offices were omitted as covered by sections 452 and 751 of this title.
Provisions for furnishing rooms and accommodations at Lexington and Pikeville were omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of those places.
Words "with the waters thereof," after the list of counties in each district, were omitted as unnecessary and inconsistent with other sections of this chapter.
McCreary County of the Eastern District was formed from parts of the counties of Pulaski, Wayne, and Whitley since the latest amendment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1978—Subsec. (a). Pub. L. 95–408 provided for holding court at Ashland.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment; Savings Provision
Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.
§98. Louisiana
Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana.
Eastern District
(a) The Eastern District comprises the parishes of Assumption, Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington.
Court for the Eastern District shall be held at New Orleans, and Houma.
Middle District
(b) The Middle District comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana.
Court for the Middle District shall be held at Baton Rouge.
Western District
(c) The Western District comprises the parishes of Acadia, Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Concordia, Jefferson Davis, De Soto, East Carroll, Evangeline, Franklin, Grant, Iberia, Jackson, Lafayette, La Salle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, Saint Landry, Saint Martin, Saint Mary, Tensas, Union, Vermilion, Vernon, Webster, West Carroll, and Winn.
Court for the Western District shall be held at Alexandria, Lafayette, Lake Charles, Monroe, Opelousas, and Shreveport.
(June 25, 1948, ch. 646, 62 Stat. 881; Pub. L. 87–36, §4, May 19, 1961, 75 Stat. 83; Pub. L. 92–208, §3(a), Dec. 18, 1971, 85 Stat. 741; Pub. L. 95–408, §3(a), Oct. 2, 1978, 92 Stat. 883; Pub. L. 98–353, title II, §203(b), July 10, 1984, 98 Stat. 350.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §159 (Mar. 3, 1911, ch. 231, §84, 36 Stat. 1113).
Provisions relating to the maintenance of offices by the clerks were omitted as covered by sections 452 and 751 of this title.
The parishes of Allen, Beauregard, and Jefferson Davis of the Lake Charles Division of the Western District were formed out of part of Calcasieu Parish since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1984—Subsec. (a). Pub. L. 98–353 inserted ", and Houma" after "New Orleans".
1978—Subsec. (c). Pub. L. 95–408 struck out par. (1) to (6) designations which had divided the parishes of Western District into six divisions.
1971—Pub. L. 92–208 created a Middle District consisting of the nine parishes formerly making up Baton Rouge Division of Eastern District and designated as the entire Eastern District the thirteen parishes formerly making up New Orleans Division of Eastern District.
1961—Pub. L. 87–36 struck out from enumeration in subsec. (a)(1) the parishes of Iberia and Saint Mary, in subsec. (b)(1) Lafayette, Saint Martin and Vermilion, and in subsec. (b)(5) Acadia, and created sixth division of subsec. (b), consisting of such parishes.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment; Savings Provision
Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.
Effective Date of 1971 Amendment
Pub. L. 92–208, §3(f), Dec. 18, 1971, 85 Stat. 742, provided that: "The provisions of this section [amending this section and sections 133 and 134 of this title and enacting provisions set out below] shall become effective one hundred and twenty days after the date of enactment of this Act [Dec. 18, 1971]."
District Judge, United States Attorney, and United States Marshal for Middle District; Designation; Tenure; Appointment
Pub. L. 92–208, §3(b), (c), Dec. 18, 1971, 85 Stat. 742, provided that:
"(b) The district judge for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section [see Effective Date of 1971 Amendment Note above], and whose official station on such date is Baton Rouge, shall, on and after such date, be the district judge for the Middle District of Louisiana. All other district judges for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section shall be district judges for the Eastern District of Louisiana as constituted by this section.
"(c)(1) Nothing in this section shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the Eastern District of Louisiana who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the Eastern District of Louisiana as constituted by this section.
"(2) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and marshal for the Middle District of Louisiana."
§99. Maine
Maine constitutes one judicial district.
Court shall be held at Bangor and Portland.
(June 25, 1948, ch. 646, 62 Stat. 881; Pub. L. 95–573, §2, Nov. 2, 1978, 92 Stat. 2458.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §160 (Mar. 3, 1911, ch. 231, §85, 36 Stat. 1114; Dec. 22, 1911, ch. 7, 37 Stat. 51; Sept. 8, 1916, ch. 475, §§1, 3, 39 Stat. 850; Mar. 4, 1923, ch. 279, 42 Stat. 1506).
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1978—Pub. L. 95–573 struck out provision for two separate divisions, (1) the Northern Division comprising the counties of Aroostook, Hancock, Penobscot, Piscataquis, Somerset, Waldo, and Washington and (2) the Southern Division comprising the counties of Androscoggin, Cumberland, Franklin, Kennebec, Knox, Lincoln, Oxford, Sagadahoc, and York.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–573 effective 180 days after Nov. 2, 1978, see section 6 of Pub. L. 95–573, set out as a note under section 93 of this title.
§100. Maryland
Maryland constitutes one judicial district comprising two divisions.
(1) The Northern Division comprises the counties of Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Cecil, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Queen Anne's, Somerset, Talbot, Washington, Wicomico, and Worcester, and the City of Baltimore.
Court for the Northern Division shall be held at Baltimore, Cumberland, and Denton.
(2) The Southern Division comprises the counties of Calvert, Charles, Montgomery, Prince George's, and St. Mary's.
Court for the Southern Division shall be held at a suitable site in Montgomery or Prince George's County not more than five miles from the boundary of Montgomery and Prince George's Counties.
(June 25, 1948, ch. 646, 62 Stat. 882; Pub. L. 91–546, §4, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 100–487, §1, Oct. 14, 1988, 102 Stat. 2431.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §166 (Mar. 3, 1911, ch. 231, §86, 36 Stat. 1114; Mar. 3, 1925, ch. 422, 43 Stat. 1106).
Provisions relating to appointment of a deputy clerk and a deputy marshal and the maintenance of offices by such deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
The provisions respecting court accommodations at Denton were omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1988—Pub. L. 100–702 amended section generally. Prior to amendment, section provided that Maryland constituted one judicial district and that court be held at Baltimore, Cumberland, Denton, and at a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties.
1970—Pub. L. 91–546 added a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties to the list of enumerated places for holding court in Maryland.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Pub. L. 100–487, §2, Oct. 14, 1988, 102 Stat. 2431, provided that:
"(a) In General.—This Act and the amendments made by this Act [amending this section] shall take effect 180 days after the date of the enactment of this Act [Oct. 14, 1988].
"(b) Pending Cases Not Affected.—This Act and the amendments made by this Act shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the District of Maryland on such date.
"(c) Juries Not Affected.—This Act and the amendments made by this Act shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judicial District of Maryland on the effective date of this Act."
§101. Massachusetts
Massachusetts constitutes one judicial district.
Court shall be held at Boston, New Bedford, Springfield, and Worcester.
(June 25, 1948, ch. 646, 62 Stat. 882.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §167 (Mar. 3, 1911, ch. 231, §87, 36 Stat. 1114; May 1, 1922, ch. 173, 42 Stat. 503; May 17, 1926, ch. 306, 44 Stat. 559).
Words "and the terms at Boston shall not be terminated or affected by the terms at Springfield, New Bedford, or Worcester," were omitted as covered by section 138 of this title.
Provisions relating to appointment of deputy clerks and deputy marshals, and maintenance of office by said deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Provisions for furnishing rooms and accommodations at Springfield and Worcester were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that federal accommodations have been provided at such places.
A provision requiring the return of all process to the terms at Boston and the keeping of all court papers in the clerk's office at Boston, unless otherwise specially ordered by the court, was omitted, since such matters can be regulated more appropriately by court rule or order. See Federal Rules of Civil Procedure, Rule 4(g).
The provision respecting court accommodations at New Bedford was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
§102. Michigan
Michigan is divided into two judicial districts to be known as the Eastern and Western Districts of Michigan.
Eastern District
(a) The Eastern District comprises two divisions.
(1) The Southern Division comprises the counties of Genesee, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair, Sanilac, Shiawassee, Washtenaw, and Wayne.
Court for the Southern Division shall be held at Ann Arbor, Detroit, Flint, and Port Huron.
(2) The Northern Division comprises the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, and Tuscola.
Court for the Northern Division shall be held at Bay City.
Western District
(b) The Western District comprises two divisions.
(1) The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford.
Court for the Southern Division shall be held at Grand Rapids, Kalamazoo, Lansing, and Traverse City.
(2) The Northern Division comprises the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft.
Court for the Northern Division shall be held at Marquette and Sault Sainte Marie.
(June 25, 1948, ch. 646, 62 Stat. 882; Feb. 10, 1954, ch. 6 §2(b)(8), 68 Stat. 11; Pub. L. 87–36, §3(d), May 19, 1961, 75 Stat. 83; Pub. L. 88–627, Oct. 6, 1964, 78 Stat. 1003; Pub. L. 91–272, §11, June 2, 1970, 84 Stat. 298.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §168 (Mar. 3, 1911, ch. 231, §88, 36 Stat. 1114; July 9, 1912, ch. 222, 37 Stat. 190; Mar. 31, 1930, ch. 101, 46 Stat. 138).
Provisions of section 168 of title 28, U.S.C., 1940 ed., relating to venue, were omitted as covered by section 1391 et seq. of this title.
A provision for a special or adjourned term at Bay City for the hearing of admiralty cases, beginning in February of each year, was omitted. Adequate provision is made for such terms by section 141 of this title.
Words "and mileage on service of process in said northern division shall be computed from Bay City," at the end of the section, were omitted as covered by section 553 of this title.
Provisions relating to appointment and residence of deputy clerks and deputy marshals and maintenance of offices by such deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1970—Subsec. (b)(1). Pub. L. 91–272 provided for holding court at Traverse City.
1964—Subsec. (a). Pub. L. 88–627 transferred counties of Genesee and Shiawassee from Northern Division to Southern Division, added Ann Arbor and Flint as places of court for Southern Division, and struck out Flint as a place for holding court.
1961—Subsec. (b)(1). Pub. L. 87–36 provided for holding court at Lansing instead of Mason.
1954—Subsec. (a)(1). Act Feb. 10, 1954, §2(b)(8)(a), struck out counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to Southern Division of Eastern District.
Subsec. (a)(2). Act Feb. 10, 1954, §2(b)(8)(b), substituted "Flint" for "Port Huron", as a place for holding court.
Subsec. (b)(1). Act Feb. 10, 1954, §2(b)(8)(c), inserted a reference to counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to composition of Southern Division of the Western District, and provided for holding court at Kalamazoo and Mason.
§103. Minnesota
Minnesota constitutes one judicial district comprising six divisions.
(1) The First Division comprises the counties of Dodge, Fillmore, Houston, Mower, Olmsted, Steele, Wabasha, and Winona.
Court for the First Division shall be held at Winona.
(2) The Second Division comprises the counties of Blue Earth, Brown, Cottonwood, Faribault, Freeborn, Jackson, Lac qui Parle, Le Sueur, Lincoln, Lyon, Martin, Murray, Nicollet, Nobles, Pipestone, Redwood, Rock, Sibley, Waseca, Watonwan, and Yellow Medicine.
Court for the Second Division shall be held at Mankato.
(3) The Third Division comprises the counties of Chisago, Dakota, Goodhue, Ramsey, Rice, Scott, and Washington.
Court for the Third Division shall be held at Saint Paul.
(4) The Fourth Division comprises the counties of Anoka, Carver, Chippewa, Hennepin, Isanti, Kandiyohi, McLeod, Meeker, Renville, Sherburne, Swift, and Wright.
Court for the Fourth Division shall be held at Minneapolis.
(5) The Fifth Division comprises the counties of Aitkin, Benton, Carlton, Cass, Cook, Crow Wing, Itasca, Kanabec, Koochiching, Lake, Mille Lacs, Morrison, Pine, and Saint Louis.
Court for the Fifth Division shall be held at Duluth.
(6) The Sixth Division comprises the counties of Becker, Beltrami, Big Stone, Clay, Clearwater, Douglas, Grant, Hubbard, Kittson, Lake of the Woods, Mahnomen, Marshall, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau, Stearns, Stevens, Todd, Traverse, Wadena, and Wilkin.
Court for the Sixth Division shall be held at Fergus Falls and Bemidji.
(June 25, 1948, ch. 646, 62 Stat. 882; Pub. L. 110–406, §18, Oct. 13, 2008, 122 Stat. 4295.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §169 (Mar. 3, 1911, ch. 231, §89, 36 Stat. 1115; Apr. 10, 1926, ch. 113, 44 Stat. 238).
Provisions relating to the appointment and residence of deputy clerks and the maintenance of offices by them were omitted as covered by section 751 of this title.
The counties of Pennington and Lake of the Woods, in the Sixth Division, were created since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2008—Par. (6). Pub. L. 110–406 inserted "and Bemidji" after "Fergus Falls".
§104. Mississippi
Mississippi is divided into two judicial districts to be known as the northern and southern districts of Mississippi.
Northern District
(a) The northern district comprises three divisions.
(1) The Aberdeen Division comprises the counties of Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, Webster, and Winston.
Court for the Aberdeen Division shall be held at Aberdeen, Ackerman, and Corinth.
(2) The Oxford Division comprises the counties of Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, Pontotoc, Quitman, Tallahatchie, Tate, Tippah, Tunica, Union, and Yalobusha.
Court for the Oxford Division shall be held at Oxford.
(3) The Greenville Division comprises the counties of Attala, Bolivar, Carroll, Coahoma, Grenada, Humphreys, Leflore, Montgomery, Sunflower, and Washington.
Court for the Greenville Division shall be held at Clarksdale, Cleveland, and Greenville.
Southern District
(b) The southern district comprises four divisions.
(1) The Northern Division comprises the counties of Copiah, Hinds, Holmes, Issaquena, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Simpson, Sharkey, Smith, Warren, and Yazoo.
Court for the Northern Division shall be held at Jackson.
(2) The Southern Division comprises the counties of George, Greene, Hancock, Harrison, Jackson, Pearl River, and Stone.
Court for the Southern Division shall be held at Gulfport.
(3) The Eastern Division comprises the counties of Clarke, Covington, Forrest, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Marion, Perry, Wayne, and Walthall.
Court for the Eastern Division shall be held at Hattiesburg.
(4) The Western Division comprises the counties of Adams, Amite, Claiborne, Franklin, Jefferson, Lincoln, Pike, and Wilkinson.
Court for the Western Division shall be held at Natchez.
(June 25, 1948, ch. 646, 62 Stat. 883; Aug. 7, 1950, ch. 601, 64 Stat. 415; Pub. L. 90–92, Sept. 27, 1967, 81 Stat. 229; Pub. L. 91–546, §§2, 3, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 95–408, §2(b), Oct. 2, 1978, 92 Stat. 883; Pub. L. 106–130, §1, Dec. 6, 1999, 113 Stat. 1677; Pub. L. 108–455, §2, Dec. 10, 2004, 118 Stat. 3628; Pub. L. 112–188, §3, Oct. 5, 2012, 126 Stat. 1433; Pub. L. 113–61, §1, Dec. 20, 2013, 127 Stat. 665.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §170 (Mar. 3, 1911, ch. 231, §90, 36 Stat. 1116; Feb. 5, 1912, ch. 28, 37 Stat. 59; May 27, 1912, ch. 136, 37 Stat. 118; Feb. 12, 1925, ch. 212, 43 Stat. 882; May 19, 1936, ch. 428, 49 Stat. 1362; May 8, 1939, ch. 116, §1, 53 Stat. 684).
Provisions relating to the maintenance of offices by the clerks and marshals were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2013—Subsec. (b). Pub. L. 113–61 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to southern judicial district of Mississippi comprising five divisions and provided for holding court in those divisions.
2012—Subsec. (a). Pub. L. 112–188 added subsec. (a) and struck out former subsec. (a) which related to northern judicial district of Mississippi comprising four divisions and provided for holding court in those divisions.
2004—Subsec. (a)(3). Pub. L. 108–455 inserted "and Cleveland" after "Clarksdale".
1999—Subsec. (b)(3). Pub. L. 106–130, in second sentence, struck out ": Provided, That court shall be held at Natchez if suitable quarters and accommodations are furnished at no cost to the United States" before period at end.
1978—Subsec. (a)(1). Pub. L. 95–408 provided for holding court at Corinth.
1970—Subsec. (b)(3). Pub. L. 91–546, §3, provided for holding court at Natchez if suitable quarters and accommodations are furnished at no cost to the United States.
Subsec. (b)(4). Pub. L. 91–546, §2, provided for holding court at Gulfport.
1967—Subsec. (a)(1). Pub. L. 90–92 provided for holding court at Ackerman.
1950—Act Aug. 7, 1950, created Greenville division in the northern district with terms of courts to be held at Greenville.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Pub. L. 113–61, §2, Dec. 20, 2013, 127 Stat. 665, provided that: "This Act [amending this section] and the amendment made by this Act shall take effect on the date of the enactment of this Act [Dec. 20, 2013]."
Effective Date of 2012 Amendment
Pub. L. 112–188, §4, Oct. 5, 2012, 126 Stat. 1434, provided that: "The amendments made by this Act [amending this section and section 105 of this title] take effect on the 60th day after the date of the enactment of this Act [Oct. 5, 2012]."
Effective Date of 1978 Amendment; Savings Provision
Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.
§105. Missouri
Missouri is divided into two judicial districts to be known as the Eastern and Western Districts of Missouri.
Eastern District
(a) The Eastern District comprises three divisions.
(1) The Eastern Division comprises the counties of Crawford, Dent, Franklin, Gasconade, Jefferson, Lincoln, Maries, Phelps, Saint Charles, Saint Francois, Saint Louis, Warren, and Washington, and the city of Saint Louis.
Court for the Eastern Division shall be held at Saint Louis.
(2) The Northern Division comprises the counties of Adair, Audrain, Chariton, Clark, Knox, Lewis, Linn, Macon, Marion, Monroe, Montgomery, Pike, Ralls, Randolph, Schuyler, Scotland, and Shelby.
Court for the Northern Division shall be held at Hannibal.
(3) The Southeastern Division comprises the counties of Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Iron, Madison, Mississippi, New Madrid, Pemiscot, Perry, Reynolds, Ripley, Saint Genevieve, Scott, Shannon, Stoddard, and Wayne.
Court for the Southeastern Division shall be held at Cape Girardeau.
Western District
(b) The Western District comprises five divisions.
(1) The Western Division comprises the counties of Bates, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Ray, Saint Clair, and Saline.
Court for the Western Division shall be held at Kansas City.
(2) The Southwestern Division comprises the counties of Barton, Barry, Jasper, Lawrence, McDonald, Newton, Stone, and Vernon.
Court for the Southwestern Division shall be held at Joplin.
(3) The Saint Joseph Division comprises the counties of Andrew, Atchison, Buchanan, Caldwell, Clinton, Daviess, De Kalb, Gentry, Grundy, Harrison, Holt, Livingston, Mercer, Nodaway, Platte, Putnam, Sullivan, and Worth.
Court for the Saint Joseph Division shall be held at Saint Joseph.
(4) The Central Division comprises the counties of Benton, Boone, Callaway, Camden, Cole, Cooper, Hickory, Howard, Miller, Moniteau, Morgan, Osage, and Pettis.
Court for the Central Division shall be held at Jefferson City.
(5) The Southern Division comprises the counties of Cedar, Christian, Dade, Dallas, Douglas, Greene, Howell, Laclede, Oregon, Ozark, Polk, Pulaski, Taney, Texas, Webster, and Wright.
Court for the Southern Division shall be held at Springfield.
(June 25, 1948, ch. 646, 62 Stat. 884; Pub. L. 87–461, May 31, 1962, 76 Stat. 85; Pub. L. 96–462, §4(a), Oct. 15, 1980, 94 Stat. 2053; Pub. L. 112–188, §2, Oct. 5, 2012, 126 Stat. 1433.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §171 (Mar. 3, 1911, ch. 231, §91, 36 Stat. 1117; Dec. 22, 1911, ch. 8, 37 Stat. 51).
Provisions for furnishing rooms and accommodations at Chillicothe were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available in such place.
"Rolla" was omitted as a place for holding court in the Eastern Division of the Eastern District, and the provision for furnishing quarters there without cost to the United States was also omitted on advice from the clerk of court that no term of court has been held there since 1920. All cases arising in Phelps county in which Rolla is situated are heard at St. Louis.
Provisions relating to the maintenance of offices by the clerks and marshals or their deputies were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2012—Subsec. (a)(1). Pub. L. 112–188, §2(1), struck out "Iron," after "Gasconade," and "Saint Genevieve," after "Saint Francois,".
Subsec. (a)(3). Pub. L. 112–188, §2(2), inserted "Iron," after "Dunklin," and "Saint Genevieve," after "Ripley,".
1980—Subsec. (a)(1). Pub. L. 96–462, §4(a)(1), struck out references to Audrain and Montgomery counties in the list of counties comprising the Eastern Division of the Eastern District.
Subsec. (a)(2). Pub. L. 96–462, §4(a)(2), added Audrain and Montgomery counties to the Northern Division of the Eastern District.
1962—Subsec. (b). Pub. L. 87–461 transferred the counties of Caldwell, Grundy, Livingston, Mercer, Putnam, and Sullivan from the Western Division to the Saint Joseph Division, and omitted Chillicothe as a place for holding court.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–188 effective on the 60th day after Oct. 5, 2012, see section 4 of Pub. L. 112–188, set out as note under section 104 of this title.
Effective Date of 1980 Amendment; Savings Provision
Amendment by Pub. L. 96–462 effective Oct. 1, 1981, but not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96–462, set out as a note under section 84 of this title.
Pub. L. 96–462, §4(b), Oct. 15, 1980, 94 Stat. 2053, provided that: "The amendments made by subsection (a) [amending this section] shall not apply to any action commenced before the effective date of such amendments [Oct. 1, 1981] and pending in the United States District Court for the Eastern District of Missouri on such date."
§106. Montana
Montana, exclusive of Yellowstone National Park, constitutes one judicial district.
Court shall be held at Billings, Butte, Glasgow, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Miles City, and Missoula.
(June 25, 1948, ch. 646, 62 Stat. 884.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §172 (Mar. 3, 1911, ch. 231, §92, 36 Stat. 1118; July 3, 1926, ch. 748, 44 Stat. 825; July 5, 1937, ch. 430, 50 Stat. 474; Aug. 26, 1937, ch. 819, §2, 50 Stat. 837; Aug. 7, 1939, ch. 506, 53 Stat. 1236).
All of Yellowstone National Park is included in the judicial district of Wyoming by section 131 of this title. Those parts of the park lying in Montana are accordingly excluded from the judicial district of Montana.
A provision for furnishing rooms and accommodations at Havre was omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available there.
A provision for transfer of causes, civil or criminal, from one place of holding court to another was omitted. Such provision, as to civil cases, is covered by section 1404 of this title, and, as to criminal cases, is rendered unnecessary because of inherent power of the court and Rules 18–20 of the Federal Rules of Criminal Procedure, relating to venue.
A provision for the making of any interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Procedure, Rule 77–(b).
The provisions respecting court accommodations at Kalispell, Lewistown, and Livingston were omitted as covered by section 142 of this title.
Changes were made in arrangement and phraseology.
§107. Nebraska
Nebraska constitutes one judicial district.
Court shall be held at Lincoln, North Platte, and Omaha.
(June 25, 1948, ch. 646, 62 Stat. 884; Aug. 9, 1955, ch. 627, §1, 69 Stat. 546.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §173 (Mar. 3, 1911, ch. 231, §93, 36 Stat. 1118).
Provisions for furnishing rooms and accommodations at the various places for holding court were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places.
A provision relating to the appointment and residence of deputy clerks and the places for keeping offices was omitted as covered by section 751 of this title.
The county of Arthur in the North Platte Division was created since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1955—Act Aug. 9, 1955, struck out the separate divisions of the district and reduced the number of places of holding terms.
Statutory Notes and Related Subsidiaries
Effective Date of 1955 Amendment
Act Aug. 9, 1955, ch. 627, §2, 69 Stat. 546, provided that: "The amendment made by the first section of this Act [amending this section] shall take effect on September 1, 1955."
§108. Nevada
Nevada constitutes one judicial district.
Court shall be held at Carson City, Elko, Las Vegas, Reno, Ely, and Lovelock.
(June 25, 1948, ch. 646, 62 Stat. 885; Pub. L. 101–650, title III, §324(a)(1), Dec. 1, 1990, 104 Stat. 5120.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §174 (Mar. 3, 1911, ch. 231, §94, 36 Stat. 1118; June 24, 1930, ch. 595, 46 Stat. 806; Nov. 15, 1945, ch. 482, 59 Stat. 582).
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1990—Pub. L. 101–650 substituted ", Reno, Ely, and Lovelock" for "and Reno".
§109. New Hampshire
New Hampshire constitutes one judicial district.
Court shall be held at Concord and Littleton.
(June 25, 1948, ch. 646, 62 Stat. 885.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §175 (Mar. 3, 1911, ch. 231, §95, 36 Stat. 1119; Aug. 23, 1912, ch. 344, 37 Stat. 357; Feb. 20, 1926, ch. 23, 44 Stat. 8).
Changes in arrangement and phraseology were made.
§110. New Jersey
New Jersey constitutes one judicial district.
Court shall be held at Camden, Newark and Trenton.
(June 25, 1948, ch. 646, 62 Stat. 885.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §176 (Mar. 3, 1911, ch. 231, §96, 36 Stat. 1119; Aug. 9, 1912, ch. 277, 37 Stat. 265; Feb. 14, 1913, ch. 53, 37 Stat. 674; May 17, 1926, ch. 311, 44 Stat. 561).
Provisions relating to maintenance of offices by the clerk and marshal were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
§111. New Mexico
New Mexico constitutes one judicial district.
Court shall be held at Albuquerque, Las Cruces, Las Vegas, Roswell, Santa Fe, and Silver City.
(June 25, 1948, ch. 646, 62 Stat. 885.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §177 (June 20, 1910, ch. 310, §13, 36 Stat. 565; Mar. 4, 1921, ch. 149, 41 Stat. 1361; June 7, 1924, ch. 332, 43 Stat. 642).
The reference to Raton as a place of holding court was omitted on advice of the clerk that court is no longer held there.
Provisions for furnishing rooms and accommodations at Las Vegas were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available.
Provision for adjournment or continuance in case of insufficient business by orders made anywhere in the district was omitted as covered by section 138 of this title.
Provisions for transfer of causes, civil or criminal, from one place of holding court to another were omitted. Such provisions, as to civil cases, are covered by section 1404 of this title, and, as to criminal cases, are rendered unnecessary because of inherent power of the court, and Rules 18–20 of the Federal Rules of Criminal Procedure, relating to venue.
Provisions for appointment of deputy clerks and deputy marshals and maintenance of offices at various cities were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
The provision respecting court accommodations at Silver City was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
§112. New York
New York is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of New York.
Northern District
(a) The Northern District comprises the counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, Schoharie, Tioga, Tompkins, Ulster, Warren, and Washington.
Court for the Northern District shall be held at Albany, Auburn, Binghamton, Malone, Plattsburgh,1 Syracuse, Utica, Watertown, and Plattsburgh.1
Southern District
(b) The Southern District comprises the counties of Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester and concurrently with the Eastern District, the waters within the Eastern District.
Court for the Southern District shall be held at New York, White Plains, and in the Middletown-Wallkill area of Orange County or such nearby location as may be deemed appropriate.
Eastern District
(c) The Eastern District comprises the counties of Kings, Nassau, Queens, Richmond, and Suffolk and concurrently with the Southern District, the waters within the counties of Bronx and New York.
Court for the Eastern District shall be held at Brooklyn, Hauppauge, Hempstead (including the village of Uniondale), and Central Islip.
Western District
(d) The Western District comprises the counties of Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates.
Court for the Western District shall be held at Buffalo, Canandaigua, Elmira, Jamestown, and Rochester.
(June 25, 1948, ch. 646, 62 Stat. 885; Pub. L. 90–217, Dec. 18, 1967, 81 Stat. 662; Pub. L. 91–546, §1, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 95–271, §1, Apr. 28, 1978, 92 Stat. 221; Pub. L. 95–408, §4(c), Oct. 2, 1978, 92 Stat. 885; Pub. L. 95–573, §3, Nov. 2, 1978, 92 Stat. 2458; Pub. L. 98–620, title IV, §405, Nov. 8, 1984, 98 Stat. 3361; Pub. L. 101–650, title III, §324(a)(2), Dec. 1, 1990, 104 Stat. 5120; Pub. L. 104–317, title VI, §609, Oct. 19, 1996, 110 Stat. 3860; Pub. L. 106–113, div. B, §1000(a)(1) [title III, §306], Nov. 29, 1999, 113 Stat. 1535, 1501A-37; Pub. L. 108–455, §4, Dec. 10, 2004, 118 Stat. 3628; Pub. L. 108–482, title III, §302, Dec. 23, 2004, 118 Stat. 3918.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§178 and 178a (Mar. 3, 1911, ch. 231, §97, 36 Stat. 1119; Jan. 21, 1920, ch. 50, 41 Stat. 394; July 1, 1922, ch. 260, 42 Stat. 812; Aug. 12, 1937, ch. 591, 50 Stat. 623).
A reference in section 178 of title 28, U.S.C., 1940 ed., to Franklin County in the list of Counties in the Northern District, in which one term might be held annually, in the discretion of the judge, was omitted as superseded by the provisions of said section 178a of title 28, requiring an annual term to be held at Malone, which is in Franklin County.
References to seizures made, matters done and processes or orders issued respecting waters within the concurrent jurisdiction of the southern and eastern districts, were omitted as unnecessary and covered by the revised language.
Provision for 20 days' notice of the special term authorized in the discretion of the court in the counties of Clinton, Jefferson, Onondaga, Oswego, Rensselaer, St. Lawrence, Saratoga, and Schenectady was omitted as unnecessary, in view of section 141 of this title providing for such notice as the district judge orders.
The special provision permitting any district judge in New York to act as judge in any other district in that State upon request of the resident district judge was omitted, thus making applicable the uniform procedure for designation and assignment of district judges throughout the United States, provided by section 292 of this title.
Words "with the waters thereof" after the list of counties in each district were omitted as unnecessary and inconsistent with other sections of this chapter.
The provisions with reference to the return of process in admiralty cases, the designation of judges and their powers, and the holding of sessions for the hearing of motions and for proceedings in bankruptcy and admiralty, were omitted as unnecessary and more properly the subject of rule of court.
The provisions of sections 178 and 178a of title 28, U.S.C., 1940 ed., respecting court accommodations at Malone and in the counties of Schenectady, Rensselaer, Saratoga, Onondaga, St. Lawrence, Clinton, Jefferson, Oswego, and Franklin, were omitted as covered by section 142 of this title.
The county of Bronx, in the southern district, was formed out of a part of New York County in 1912.
Lockport was omitted as a place of holding court in the Western District. Court has not been held there for 32 years.
Changes were made in arrangement and phraseology.
Editorial Notes
Amendments
2004—Subsec. (a). Pub. L. 108–482 inserted "Plattsburgh," after "Malone,".
Pub. L. 108–455 substituted "Watertown, and Plattsburgh" for "and Watertown".
1999—Subsec. (c). Pub. L. 106–113 amended last sentence generally. Prior to amendment, last sentence read as follows: "Court for the Eastern District shall be held at Brooklyn, Hauppauge, and Hempstead (including the village of Uniondale)."
1996—Subsec. (b). Pub. L. 104–317 amended last sentence generally, substituting "Court for the Southern District shall be held at New York, White Plains, and in the Middletown-Wallkill area of Orange County or such nearby location as may be deemed appropriate." for "Court for the Southern District shall be held at New York and White Plains."
1990—Subsec. (a). Pub. L. 101–650 substituted "Utica, and Watertown" for "and Utica".
1984—Subsec. (c). Pub. L. 98–620 provided for holding court at Hauppauge.
1978—Subsec. (a). Pub. L. 95–408, §4(c)(1), added counties of Columbia, Greene, and Ulster to those counties comprising the Northern District of New York.
Subsec. (b). Pub. L. 95–573 provided for holding court at White Plains.
Pub. L. 95–408, §4(c)(2), struck out Columbia, Greene, and Ulster from those counties comprising the Southern District of New York.
Subsec. (c). Pub. L. 95–271 substituted "and Hempstead (including the village of Uniondale)" for "Mineola, and Westbury".
1970—Subsec. (c). Pub. L. 91–546 provided for holding court at Westbury.
1967—Subsec. (c). Pub. L. 90–217 provided for holding court at Mineola.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 effective Jan. 1, 1985, and not to affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on that date, see section 411 of Pub. L. 98–620, set out as a note under section 85 of this title.
Effective Date of 1978 Amendment; Savings Provision
Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.
Pretermission of Regular Session of Court at Hempstead and Holding of Special Session at Westbury; Procedures Applicable, Appropriations, Etc.
Pub. L. 95–271, §§2–5, Apr. 28, 1978, 92 Stat. 221, provided that:
"Sec. 2. The United States District Court for the Eastern District of New York, by order made anywhere within its district, may pretermit the regular session of court at Hempstead until Federal quarters and accommodations are available and ready for occupancy, except that for the entire period and such pretermission, a special session of the court shall be held at Westbury. Pretermission may be ordered without regard to the provisions of section 140(a) of title 28, United States Code.
"Sec. 3. Notwithstanding the provisions of section 142 of title 28, United States Code, the Administrator of General Services, at the request of the Director of the Administrative Office of the United States Courts, shall continue to provide existing quarters and accommodations at Westbury for the duration of the special session held pursuant to section 2 of this Act. Appropriations to the judicial branch of Government shall be available to the Director to make necessary disbursements for such quarters and accommodations, and to pay user charges as required by section 210 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490) [see now 40 U.S.C. 586, 587], at rates otherwise authorized by law.
"Sec. 4. Notwithstanding the provisions of section 456 of title 28, United States Code, any judge, and any officer or employee of the judicial branch, whose official station is, on the day before the date of enactment of this Act [Apr. 28, 1978], Westbury, may maintain that official station for the duration of the special session held pursuant to section 2 of this Act.
"Sec. 5. The Director of the Administrative Office of the United States Courts may pay travel and transportation expenses in accordance with subchapter II, chapter 57 of title 5, United States Code, to any officer or employee of the judicial branch whose official station changes as a consequence of this Act [enacting this provision and amending subsec. (c) of this section] and who relocates his residence incident to such change of official station."
§113. North Carolina
North Carolina is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of North Carolina.
Eastern District
(a) The Eastern District comprises the counties of Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Vance, Wake, Warren, Washington, Wayne, Wilson, those portions of Hoke, Moore, Scotland, and Richmond counties encompassing the Fort Bragg Military Reservation and Camp Mackall, and that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina.
Court for the Eastern District shall be held at Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, Wilmington, and Wilson.
Middle District
(b) Middle District.—The Middle District comprises the counties of Alamance, Cabarrus, Caswell, Chatham, Davidson, Davie, Durham (excluding that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina), Forsyth, Guilford, Hoke (excluding that portion of Hoke County encompassing the Fort Bragg Military Reservation and Camp Mackall), Lee, Montgomery, Moore (excluding that portion of Moore County encompassing the Fort Bragg Military Reservation and Camp Mackall), Orange, Person, Randolph, Richmond (excluding that portion of Richmond County encompassing the Fort Bragg Military Reservation and Camp Mackall), Rockingham, Rowan, Scotland (excluding that portion of Scotland County encompassing the Fort Bragg Military Reservation and Camp Mackall), Stanly, Stokes, Surry, and Yadkin.
Court for the Middle District shall be held at Durham, Greensboro, and Winston-Salem.
Western District
(c) The Western District comprises the counties of Alexander, Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Polk, Rutherford, Swain, Transylvania, Union, Watauga, Wilkes, and Yancey.
Court for the Western District shall be held at Asheville, Bryson City, Charlotte, Shelby, and Statesville.
(June 25, 1948, ch. 646, 62 Stat. 886; Pub. L. 89–319, Nov. 2, 1965, 79 Stat. 1186; Pub. L. 96–462, §5(a)–(c), Oct. 15, 1980, 94 Stat. 2053, 2054; Pub. L. 102–272, Apr. 21, 1992, 106 Stat. 112; Pub. L. 117–26, §1(a), July 6, 2021, 135 Stat. 299.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §179 (Mar. 3, 1911, ch. 231, §98, 36 Stat. 1120; Oct. 7, 1914, ch. 318, 38 Stat. 728; Mar. 17, 1920, ch. 101, §1, 41 Stat. 531; June 7, 1924, ch. 359, §1, 43 Stat. 661; Dec. 24, 1924, ch. 18, 43 Stat. 721; June 12, 1926, ch. 566, 44 Stat. 734; June 22, 1926, ch. 645, 44 Stat. 758; June 22, 1926, ch. 646, 44 Stat. 758; Mar. 2, 1927, ch. 276, 44 Stat. 1339; Apr. 25, 1928, ch. 432, 45 Stat. 457; May 10, 1928, ch. 516, 45 Stat. 495; Feb. 20, 1933, ch. 107, 47 Stat. 859; Feb. 28, 1933, ch. 133, 47 Stat. 1350; June 28, 1935, ch. 330, §§1, 2, 49 Stat. 429; June 24, 1936, ch. 744, 49 Stat. 1898; June 24, 1936, ch. 759, 49 Stat. 1910; Aug. 17, 1937, ch. 688, 50 Stat. 671).
References to civil and criminal terms at Raleigh were omitted as more properly the subject of rule of court.
The following language at the end of section 179 of title 28, U.S.C., 1940 ed., was omitted: "There shall be a judge appointed for the said middle district in the manner now provided by law who shall receive the salary provided by law for the judges of the eastern and western districts, and a district attorney, marshal, clerk, and other officers in the manner and at the salary now provided by law. All causes in the said middle district in equity, bankruptcy, or admiralty, in which orders and decrees have already been made and which are now in process of trial, shall continue and remain subject to the jurisdiction of the judge of that district by whom the same shall have been made and before whom the same shall have been partially tried and determined."
The first sentence is superfluous in view of other sections of this title governing the appointment and compensation of the judges, clerks and marshals of the district courts and of district attorneys. The last sentence is obsolete, having been enacted in 1927, and being limited to cases affected by the creation of the middle district.
Provisions for maintenance of offices by the clerks at certain cities were omitted. (See Reviser's Note under sections 452 and 751 of this title.)
Provisions for furnishing rooms and accommodations at Durham, Rockingham, and Winston-Salem were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in such places.
The provisions respecting court accommodations at Bryson City and Shelby were omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 117–26, §1(a)(1), substituted "Wilson, those portions of Hoke, Moore, Scotland, and Richmond counties encompassing the Fort Bragg Military Reservation and Camp Mackall, and" for "and Wilson and".
Subsec. (b). Pub. L. 117–26, §1(a)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: "The Middle District comprises the counties of Alamance, Cabarrus, Caswell, Chatham, Davidson, Davie, Durham (excluding that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina), Forsythe, Guilford, Hoke, Lee, Montgomery, Moore, Orange, Person, Randolph, Richmond, Rockingham, Rowan, Scotland, Stanly, Stokes, Surry, and Yadkin." Amendment directing striking out subsec. (b) was executed only to the first paragraph and not the concluding sentence, to reflect the probable intent of Congress.
1992—Subsec. (a). Pub. L. 102–272, which directed the amendment of subsec. (a) by striking out "Clinton," and "Washington," and inserting "Greenville," after "Fayetteville,", was executed to the second sentence to reflect the probable intent of Congress.
1980—Subsec. (a). Pub. L. 96–462, §5(a), added that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina to the Eastern District.
Subsec. (b). Pub. L. 96–462, §5(b), struck out references to Alleghany, Ashe, Watauga, and Wilkes counties in the list of counties comprising the Middle District; inserted "(excluding that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina)" in first sentence as the probable intent of Congress; and struck out Rockingham, Salisbury, and Wilkesboro as places for holding court.
Subsec. (c). Pub. L. 96–462, §5(c), added Alleghany, Ashe, Watauga, and Wilkes counties to the Western District.
1965—Pub. L. 89–319 provided for holding court at Clinton.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 117–26, §1(b), July 6, 2021, 135 Stat. 299, provided that "The amendments made by subsection (a) [amending this section] shall not apply to any action commenced or pending in any judicial district of North Carolina before the date of enactment of this Act [July 6, 2021]."
Effective Date of 1980 Amendment; Savings Provisions
Amendment by Pub. L. 96–462 effective Oct. 1, 1981, but not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96–462, set out as a note under section 84 of this title.
Pub. L. 96–462, §5(d), Oct. 15, 1980, 94 Stat. 2054, provided that: "The amendments made by this section [amending this section] shall not apply to any action commenced before the effective date of such amendments [Oct. 1, 1981] and pending in any judicial district of North Carolina on such date."
§114. North Dakota
North Dakota constitutes one judicial district.
Court shall be held at Bismarck, Fargo, Grand Forks, and Minot.
(Added Pub. L. 111–174, §3, May 27, 2010, 124 Stat. 1216.)
Editorial Notes
Prior Provisions
A prior section 114, act June 25, 1948, ch. 646, 62 Stat. 886; Pub. L. 95–408, §3(b), Oct. 2, 1978, 92 Stat. 883, which provided that North Dakota consisted of one judicial district comprising four divisions, was repealed by Pub. L. 111–174, §3, May 27, 2010, 124 Stat. 1216.
§115. Ohio
Ohio is divided into two judicial districts to be known as the Northern and Southern Districts of Ohio.
Northern District
(a) The Northern District comprises two divisions.
(1) The Eastern Division comprises the counties of Ashland, Ashtabula, Carroll, Columbiana, Crawford, Cuyahoga, Geauga, Holmes, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne.
Court for the Eastern Division shall be held at Cleveland, Youngstown, and Akron.
(2) The Western Division comprises the counties of Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry, Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, Woods, and Wyandot.
Court for the Western Division shall be held at Lima and Toledo.
Southern District
(b) The Southern District comprises two divisions.
(1) The Western Division comprises the counties of Adams, Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, Hamilton, Highland, Lawrence, Miami, Montgomery, Preble, Scioto, Shelby, and Warren.
Court for the Western Division shall be held at Cincinnati and Dayton.
(2) The Eastern Division comprises the counties of Athens, Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin, Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson, Knox, Licking, Logan, Madison, Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, Pickaway, Pike, Ross, Union, Vinton, and Washington.
Court for the Eastern Division shall be held at Columbus 1 St. Clairsville, and Steubenville.
(June 25, 1948, ch. 646, 62 Stat. 887; Feb. 10, 1954, ch. 6, §2(b)(9), 68 Stat. 11; Pub. L. 107–273, div. C, title I, §11021, Nov. 2, 2002, 116 Stat. 1829.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §181 (Mar. 3, 1911, ch. 231, §100, 36 Stat. 1121; Mar. 4, 1915, ch. 159, 38 Stat. 1187; Feb. 14, 1923, ch. 78, 42 Stat. 1246).
Other provisions of said section 181 of title 28, U.S.C., 1940 ed., are incorporated in section 1865 of this title.
Provisions relating to the place of institution or trial of prosecutions and civil actions and transfer thereof were omitted. Such provisions, as to civil cases, are covered by section 1391 et seq. of this title, and as to criminal cases, are rendered unnecessary because of inherent power of the court and Rules 18–20 of the Federal Rules of Criminal Procedure relating to venue.
The provision respecting court accommodations at Lima was omitted as covered by section 142 of this title.
Changes were made in arrangement and phraseology.
Editorial Notes
Amendments
2002—Subsec. (b)(2). Pub. L. 107–273, which directed amendment of par. (2) by inserting "St. Clairsville," after "Columbus,", was executed by making the insertion after "Columbus", to reflect the probable intent of Congress.
1954—Subsec. (a)(1). Act Feb. 10, 1954, provided for holding court at Akron.
§116. Oklahoma
Oklahoma is divided into three judicial districts to be known as the Northern, Eastern, and Western Districts of Oklahoma.
Northern District
(a) The Northern District comprises the counties of Craig, Creek, Delaware, Mayes, Nowata, Osage, Ottawa, Pawnee, Rogers, Tulsa, and Washington.
Court for the Northern District shall be held at Bartlesville, Miami, Pawhuska, Tulsa, and Vinita.
Eastern District
(b) The Eastern District comprises the counties of Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore Love, McCurtain, McIntosh, Marshall, Murray, Muskogee, Okfuskee, Okmulgee, Pittsburg, Pontotoc, Pushmataha, Seminole, Sequoyah, and Wagoner.
Court for the Eastern District shall be held at Ada, Ardmore, Durant, Hugo, Muskogee, Okmulgee, Poteau, and S. McAlester.
Western District
(c) The Western District comprises the counties of Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Cimarron, Cleveland, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Garvin, Grady, Grant, Greer, Harmon, Harper, Jackson, Jefferson, Kay, Kingfisher, Kiowa, Lincoln, Logan, McClain, Major, Noble, Oklahoma, Payne, Pottawatomie, Roger Mills, Stephens, Texas, Tillman, Washita, Woods, and Woodward.
Court for the Western District shall be held at Chickasha, Enid, Guthrie, Lawton, Mangum, Oklahoma City, Pauls Valley, Ponca City, Shawnee, and Woodward.
(June 25, 1948, ch. 646, 62 Stat. 887; Pub. L. 89–526, §1, Aug. 4, 1966, 80 Stat. 335.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§182, 182a (Mar. 3, 1911, ch. 231, §101, 36 Stat. 1122; Feb. 20, 1917, ch. 102, 39 Stat. 927; June 13, 1918, ch. 98, 40 Stat. 604; Feb. 26, 1919, ch. 54, 40 Stat. 1184; June 5, 1924, ch. 259, 43 Stat. 387; Jan. 10, 1925, chs. 68, 69, 43 Stat. 730, 731; Feb. 16, 1925, ch. 233, §1, 43 Stat. 945; May 7, 1926, ch. 255, 44 Stat. 408; Apr. 21, 1928, ch. 395, 45 Stat. 440; Mar. 2, 1929, ch. 539, 45 Stat. 1518; June 28, 1930, ch. 714, 46 Stat. 829; May 13, 1936, ch. 386, 49 Stat. 1271; Aug. 12, 1937, ch. 595, 50 Stat. 625).
Provisions for furnishing rooms and accommodations at Ada, Bartlesville, Mangum, Miami, Okmulgee, and Ponca City were omitted as obsolete, on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places.
A provision making inoperative the requirement for furnishing court accommodations without cost to the United States whenever the same shall be provided in federal buildings at Shawnee, was omitted as unnecessary. When such buildings become available the Director will, under section 604 of this title, provide court accommodations therein.
A provision for adjournment of any term by an order made in chambers, is incorporated in section 140 of this title.
Provisions relating to maintenance of offices by the clerks were omitted as covered by section 751 of this title.
The provisions respecting court accommodations at Durant, Hugo, Poteau, Pauls Valley, Pawhuska, and Shawnee were omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1966—Pub. L. 89–526 transferred from the Eastern District in subsec. (b) to the Western District in subsec. (c) the counties of Garvin, Grady, Jefferson, McClain, and Stephens and the places for holding court at Chickasha and Pauls Valley.
Statutory Notes and Related Subsidiaries
Effective Date of 1966 Amendment
Pub. L. 89–526, §2, Aug. 4, 1966, 80 Stat. 335, provided that: "The amendments made by this Act [amending this section] shall take effect on the sixtieth day after the date of enactment of this Act [Aug. 4, 1966]."
§117. Oregon
Oregon constitutes one judicial district.
Court shall be held at Coquille, Eugene or Springfield, Klamath Falls, Medford, Pendleton, and Portland.
(June 25, 1948, ch. 646, 62 Stat. 888; Aug. 3, 1950, ch. 514, 64 Stat. 393; Pub. L. 91–272, §7, June 2, 1970, 84 Stat. 297; Pub. L. 106–518, title V, §502, Nov. 13, 2000, 114 Stat. 2422.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §183 (Mar. 3, 1911, ch. 231, §102, 36 Stat. 1122; Nov. 6, 1945, ch. 447, 59 Stat. 555).
Provisions relating to appointment and residence of deputies by the clerk and marshal, and maintenance of offices by said officers, were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2000—Pub. L. 106–518 substituted "Eugene or Springfield" for "Eugene".
1970—Pub. L. 91–272 provided for holding court at Coquille.
1950—Act Aug. 3, 1950, provided for holding court at Eugene.
§118. Pennsylvania
Pennsylvania is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Pennsylvania.
Eastern District
(a) The Eastern District comprises the counties of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, and Philadelphia.
Court for the Eastern District shall be held at Allentown, Easton, Lancaster, Reading, and Philadelphia.
Middle District
(b) The Middle District comprises the counties of Adams, Bradford, Cameron, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, and York.
Court for the Middle District shall be held at Harrisburg, Lewisburg, Scranton, Wilkes-Barre, and Williamsport.
Western District
(c) The Western District comprises the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington, and Westmoreland.
Court for the Western District shall be held at Erie, Johnstown, and Pittsburgh.
(June 25, 1948, ch. 646, 62 Stat. 888; Pub. L. 91–272, §6, June 2, 1970, 84 Stat. 297; Pub. L. 95–573, §4, Nov. 2, 1978, 92 Stat. 2458; Pub. L. 102–396, title IX, §9161, Oct. 6, 1992, 106 Stat. 1947; Pub. L. 105–277, div. A, §101(b) [title VI, §624(a)], Oct. 21, 1998, 112 Stat. 2681–50, 2681-116.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §184 (Mar. 3, 1911, ch. 231, §103, 36 Stat. 1123; Mar. 3, 1913, ch. 113, 37 Stat. 730; June 6, 1914, ch. 104, 38 Stat. 385; Sept. 9, 1914, ch. 296, 38 Stat. 713; Apr. 26, 1926, ch. 185, 44 Stat. 324; June 27, 1930, ch. 634, 46 Stat. 820; Aug. 3, 1935, ch. 433, 49 Stat. 514; May 13, 1936, ch. 385, 49 Stat. 1271; June 13, 1938, ch. 351, 52 Stat. 674; Mar. 5, 1942, ch. 143, 56 Stat. 132).
Provisions relating to maintenance of offices at certain places by the clerks and marshals were omitted as covered by sections 541 [see 561] and 751 of this title.
Provisions for the continuance of terms were omitted as covered by section 139 of this title.
Provisions with respect to the return of process, and the places of keeping court papers, were omitted as matters for determination by rule of court or for the action of the judicial council in cooperation with the Administrative Office of the United States Courts.
The provisions for trial of cases at Lewisburg and Erie unless counsel consent to trial elsewhere were omitted as inconsistent with the uniform practice provided by this title.
Changes were made in phraseology and arrangement.
Senate Revision Amendment
By Senate amendment to the bill, Blair County was transferred from the Middle District to the Western District of Pennsylvania. This was in conformity with Act July 11, 1947, ch. 224, 61 Stat. 310, which so amended section 184 of title 28, U.S.C., 1940 ed., the source of this section. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments
1998—Subsec. (a). Pub. L. 105–277, §101(b) [title VI, §624(a)(1)], substituted "and Philadelphia" for "Philadelphia, and Schuylkill".
Subsec. (b). Pub. L. 105–277, §101(b) [title VI, §624(a)(2)], inserted "Schuylkill," after "Potter,".
1992—Subsec. (a). Pub. L. 102–396 inserted "Lancaster," before "Reading".
1978—Subsec. (c). Pub. L. 95–573 provided for holding court at Johnstown.
1970—Subsec. (a). Pub. L. 91–272 provided for holding court at Allentown and Reading.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Pub. L. 105–277, div. A, §101(b) [title VI, §624(b)], Oct. 21, 1998, 112 Stat. 2681–50, 2681-116, provided that:
"(1) This section [amending this section] and the amendments made by this section shall take effect 180 days after the date of the enactment of this Act [Oct. 21, 1998].
"(2) This section and the amendments made by this section shall not affect any action commenced before the effective date of this section and pending on such date in the United States District Court for the Eastern District of Pennsylvania.
"(3) This section and the amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this section."
§119. Puerto Rico
Puerto Rico constitutes one judicial district.
Court shall be held at Mayaguez, Ponce, and San Juan.
(June 25, 1948, ch. 646, 62 Stat. 889.)
Historical and Revision Notes
Based on sections 863 and 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 12, 1900, ch. 191, §§34, 35, 31 Stat. 84, 85; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 2, 1917, ch. 145, §§41, 42, 39 Stat. 965, 966; Mar. 4, 1921, ch. 161, §1, 41 Stat. 1412; Feb. 13, 1925, ch. 229, §§1, 13, 43 Stat. 936, 942; Dec. 13, 1926, ch. 6, §1, 44 Stat. 919; Jan. 31, 1928, ch. 14, §1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; Mar. 26, 1938, ch. 51, §2, 52 Stat. 118).
Section consolidates parts of sections 863 and 864 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation.
The provision of sections 863 of title 48, U.S.C., 1940 ed., for appointment of a district judge is incorporated in section 133 of this title; for tenure, in section 134 of this title, and for salary was omitted as covered by section 135 of this title.
The provisions of section 863 of title 48, U.S.C., 1940 ed., for appointment and tenure of United States attorneys and marshals are incorporated in sections 501 [now 541], 504 [now 541 to 544], and 541 [see 561] of this title.
The provisions of section 863 of title 48, U.S.C., 1940 ed., for appointment of United States Commissioners and other court officers are incorporated in sections 631 and 751 of this title.
The provision of section 864 of title 48, U.S.C., 1940 ed., as to the holding of regular and special terms of court was omitted as covered by sections 138 and 141 of this title.
The provision of section 864 of title 48, U.S.C., 1940 ed., that the district court shall be attached to the first circuit is incorporated in section 41 of this title.
The provision of section 864 of title 48, U.S.C., 1940 ed., for appeals to the circuit court of appeals is incorporated in section 1295 of this title.
Other provisions of sections 863 and 864 of title 48, U.S.C., 1940 ed., are retained in title 48.
§120. Rhode Island
Rhode Island constitutes one judicial district.
Court shall be held at Providence.
(June 25, 1948, ch. 646, 62 Stat. 889.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §185 (Mar. 3, 1911, ch. 231, §104, 36 Stat. 1123; Feb. 1, 1912, ch. 27, 37 Stat. 59).
Changes in phraseology were made.
§121. South Carolina
South Carolina constitutes one judicial district comprising eleven divisions.
(1) The Charleston Division comprises the counties of Berkeley, Charleston, Clarendon, Colleton, Dorchester, and Georgetown.
Court for the Charleston Division shall be held at Charleston.
(2) The Columbia Division comprises the counties of Kershaw, Lee, Lexington, Richland, and Sumter.
Court for the Columbia Division shall be held at Columbia.
(3) The Florence Division comprises the counties of Chesterfield, Darlington, Dillon, Florence, Horry, Marion, Marlboro, and Williamsburg.
Court for the Florence Division shall be held at Florence.
(4) The Aiken Division comprises the counties of Aiken, Allendale, and Barnwell.
Court for the Aiken Division shall be held at Aiken.
(5) The Orangeburg Division comprises the counties of Bamberg, Calhoun, and Orangeburg.
Court for the Orangeburg Division shall be held at Orangeburg.
(6) The Greenville Division comprises the counties of Greenville and Laurens.
Court for the Greenville Division shall be held at Greenville.
(7) The Rock Hill Division comprises the counties of Chester, Fairfield, Lancaster, and York.
Court for the Rock Hill Division shall be held at Rock Hill.
(8) The Greenwood Division comprises the counties of Abbeville, Edgefield, Greenwood, McCormick, Newberry, and Saluda.
Court for the Greenwood Division shall be held at Greenwood.
(9) The Anderson Division comprises the counties of Anderson, Oconee, and Pickens.
Court for the Anderson Division shall be held at Anderson.
(10) The Spartanburg Division comprises the counties of Cherokee, Spartanburg, and Union.
Court for the Spartanburg Division shall be held at Spartanburg.
(11) The Beaufort Division comprises the counties of Beaufort, Hampton, and Jasper.
Court for the Beaufort Division shall be held at Beaufort.
(June 25, 1948, ch. 646, 62 Stat. 889; Pub. L. 89–242, §1(a), Oct. 7, 1965, 79 Stat. 951; Pub. L. 99–657, §2, Nov. 14, 1986, 100 Stat. 3670; Pub. L. 102–140, title III, §304, Oct. 28, 1991, 105 Stat. 810.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §186 (Mar. 3, 1911, ch. 231, §105, 36 Stat. 1123; Feb. 5, 1912, ch. 28, 37 Stat. 60; Mar. 3, 1915, ch. 100, §5, 38 Stat. 961; Sept. 1, 1916, ch. 434, 39 Stat. 721; Mar. 4, 1923, ch. 261, 42 Stat. 1486; Jan. 30, 1925, ch. 118, 43 Stat. 800; June 26, 1926, ch. 696, §§1–3, 44 Stat. 773; June 20, 1936, ch. 637, §§1–3, 49 Stat. 1558, 1559; June 12, 1940, ch. 335, 54 Stat. 344; June 28, 1943, ch. 173, title II, §204, 57 Stat. 244; Dec. 13, 1944, ch. 556, 58 Stat. 801).
The last sentence of section 186 of title 28, U.S.C., 1940 ed., relating to trial of criminal cases in the division in which the offense was committed, was omitted as fully covered by Rules 18–22 of the Federal Rules of Criminal Procedure.
A provision relating to the places of the clerks' offices was omitted as covered by section 751 of this title.
The provision respecting court accommodations at Orangeburg was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1991—Par. (4). Pub. L. 102–140, §304(1), struck out reference to Hampton County.
Par. (11). Pub. L. 102–140, §304(2), inserted reference to Hampton County.
1986—Pub. L. 99–657, §2(1), substituted "eleven divisions" for "ten divisions" in introductory text.
Par. (1). Pub. L. 99–657, §2(2), struck out "Beaufort," after "counties of" and substituted "and Georgetown" for "Georgetown, and Jasper".
Par. (11). Pub. L. 99–657, §2(3), added par. (11).
1965—Pub. L. 89–242 consolidated into a single district the 10 divisions of the state which had formerly been divided into an Eastern and a Western District.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Pub. L. 99–657, §4, Nov. 14, 1986, 100 Stat. 3670, provided that:
"(a) Effective Date.—(1) The amendments made by sections 2 and 3 [amending this section and section 90 of this title] take effect 90 days after the date of the enactment of this Act [Nov. 14, 1986].
"(2) The amendment made by section 4 [enacting this note] takes effect on the date of the enactment of this Act.
"(b) Pending Actions.—The amendments made by this Act [amending this section and section 90 of this title] shall not affect any action commenced before the effective date of such amendments and pending on such date.
"(c) Juries.—The amendments made by this Act [amending this section and section 90 of this title] shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving on the effective date of such amendments."
Effective Date of 1965 Amendment
Pub. L. 89–242, §6, Oct. 7, 1965, 79 Stat. 953, provided that: "The provisions of this Act [amending this section and section 133 of this title and enacting provisions set out as a note below] shall become effective on the first day of the month following the date of enactment of this Act [Oct. 7, 1965]."
Consolidation of South Carolina Into a Single Judicial District
Pub. L. 89–242, §§2–5, Oct. 7, 1965, 79 Stat. 952, 953, provided for the consolidation, in compliance with section 132 of this title, of the Eastern and Western Districts of South Carolina into a single district with continuing jurisdiction over civil cases and criminal acts pending or committed prior to Nov. 1, 1965, and appropriate provisions for the appointment or transfer of United States attorneys, marshals, and other court personnel, then serving, from the two districts to the consolidated district.
§122. South Dakota
South Dakota constitutes one judicial district comprising four divisions.
(1) The Northern Division comprises the counties of Brown, Campbell, Clark, Codington, Corson, Day, Deuel, Edmonds, Grant, Hamlin, McPherson, Marshall, Roberts, Spink, and Walworth.
Court for the Northern Division shall be held at Aberdeen.
(2) The Southern Division comprises the counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton.
Court for the Southern Division shall be held at Sioux Falls.
(3) The central division comprises the counties of Buffalo, Dewey, Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, and Ziebach.
Court for the Central Division shall be held at Pierre.
(4) The Western Division comprises the counties of Bennett, Butte, Custer, Fall River, Harding, Jackson, Lawrence, Meade, Pennington, Perkins, and Shannon.
Court for the Western Division shall be held at Deadwood and Rapid City.
(June 25, 1948, ch. 646, 62 Stat. 889; Pub. L. 89–638, Oct. 10, 1966, 80 Stat. 883; Pub. L. 92–376, Aug. 10, 1972, 86 Stat. 529; Pub. L. 101–650, title III, §324(b), Dec. 1, 1990, 104 Stat. 5120.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §187 (Mar. 3, 1911, ch. 231, §106, 36 Stat. 1123; June 11, 1932, ch. 242, 47 Stat. 300).
A provision relating to maintenance of offices by the clerk was omitted as covered by sections 452 and 751 of this title.
Provisions that the Northern Division included Lake Traverse Indian Reservation and that part of Standing Rock Indian Reservation lying in South Dakota; that the Southern Division included the Yorkton Indian Reservation; that the Central Division included the Cheyenne River, Lower Brule, and Crow Creek Indian Reservations; and that the Western Division included Rosebud and Pine Ridge Indian Reservations, were all omitted as surplusage. (See Reviser's Note under section 114 of this title.)
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1990—Par. (3). Pub. L. 101–650, §324(b)(1), struck out "Jackson," after "Hyde,".
Par. (4). Pub. L. 101–650, §324(b)(2), inserted "Jackson," after "Harding," and substituted "and Shannon" for "Shannon, Washabaugh, and Washington".
1972—Par. (2). Pub. L. 92–376, §1(a), removed Gregory County from the Southern Division.
Par. (3). Pub. L. 92–376, §1(b), added Gregory, Mellette, Todd, and Tripp counties to the Central Division and removed Armstrong county from the Central Division.
Par. (4). Pub. L. 92–376, §1(c), removed Mellette, Todd, and Tripp counties from the Western Division.
1966—Pub. L. 89–638 provided for holding court at Rapid City.
§123. Tennessee
Tennessee is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Tennessee.
Eastern District
(a) The Eastern District comprises four divisions.
(1) The Northern Division comprises the counties of Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier, and Union.
Court for the Northern Division shall be held at Knoxville.
(2) The Northeastern Division comprises the counties of Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi, and Washington.
Court for the Northeastern Division shall be held at Greenville.
(3) The Southern Division comprises the counties of Bledsoe, Bradley, Hamilton, McMinn, Marion, Meigs, Polk, Rhea, and Sequatchie.
Court for the Southern Division shall be held at Chattanooga.
(4) The Winchester Division comprises the counties of Bedford, Coffee, Franklin, Grundy, Lincoln, Moore, Van Buren, and Warren.
Court for the Winchester Division shall be held at Winchester.
Middle District
(b) The Middle District comprises three divisions.
(1) The Nashville Division comprises the counties of Cannon, Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson, and Wilson.
Court for the Nashville Division shall be held at Nashville.
(2) The Northeastern Division comprises the counties of Clay, Cumberland, De Kalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, and White.
Court for the Northeastern Division shall be held at Cookeville.
(3) The Columbia Division comprises the counties of Giles, Hickman, Lawrence, Lewis, Marshall, Maury, and Wayne.
Court for the Columbia Division shall be held at Columbia.
Western District
(c) The Western District comprises two divisions.
(1) The Eastern Division comprises the counties of Benton, Carroll, Chester, Crockett, Decatur, Dyer, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, McNairy, Madison, Obion, Perry, and Weakley.
The Eastern Division also includes the waters of Tennessee River to low-water mark on the eastern shore wherever such river forms the boundary between the western and middle districts from the north line of Alabama north to the point in Henry County, Tennessee, where the south boundary of Kentucky strikes the east bank of the river.
Court for the Eastern Division shall be held at Jackson and Dyersburg.
(2) The Western Division comprises the counties of Fayette, Lauderdale, Shelby, and Tipton.
Court for the Western Division shall be held at Memphis.
The district judge for the Eastern District in office on November 27, 1940, shall hold court in the Northern and Northeastern Divisions. The other judge of that district shall hold the terms of court in the Southern and Winchester Divisions. Each may appoint and remove all officers and employees of the court whose official headquarters are located in the divisions within which he holds court and whose appointments are vested by law in a district judge or chief judge of a district.
(June 25, 1948, ch. 646, 62 Stat. 890; Pub. L. 87–36, §3(e), May 19, 1961, 75 Stat. 83; Pub. L. 87–86, July 11, 1961, 75 Stat. 203; Pub. L. 91–272, §12, June 2, 1970, 84 Stat. 298; Pub. L. 110–406, §2(a), Oct. 13, 2008, 122 Stat. 4291.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §188 (Mar. 3, 1911, ch. 231, §107, 36 Stat. 1124; Aug. 20, 1912, ch. 306, 37 Stat. 314; June 22, 1916, ch. 161, 39 Stat. 232; Mar. 4, 1923, ch. 289, 42 Stat. 1520; May 17, 1926, ch. 310, 44 Stat. 561; Mar. 1, 1927, ch. 244, 44 Stat. 1262; May 13, 1932, ch. 179, 47 Stat. 153; June 16, 1933, ch. 94, 48 Stat. 253; July 30, 1937, ch. 539, 50 Stat. 546; June 12, 1940, ch. 341, 54 Stat. 348; Nov. 27, 1940, ch. 920, §1, 54 Stat. 1216; Dec. 3, 1943, ch. 332, 57 Stat. 595).
Words "The said judge shall possess the same powers, perform the same duties, and receive the same compensation as other district judges," and words, "The President is authorized to appoint, by and with the consent of the Senate, a successor or successors to said judge as vacancies may occur. Nothing herein contained shall be construed to prevent said judge or his successors from becoming the senior district judge by succession, or from exercising the powers and rights of senior district judge of said district. The judge designated herein to hold regular and special terms of court at Winchester and Chattanooga shall make all necessary orders for the disposition of business and assignment of cases for trial in said divisions," were deleted as superfluous, in view of sections 132 and 141 of this title.
Words "The district attorneys and marshals for the eastern, middle, and western districts of Tennessee in office immediately prior to November 27, 1940, shall be during the remainder of their present terms of office the district attorneys and marshals for such districts as constituted by this section. The district judge for the middle district of Tennessee shall be the district judge for the middle district of Tennessee as constituted by this section and shall hold regular and special terms of court at Nashville, Columbia, and Cookeville. The district judge for the western district of Tennessee shall hold regular and special terms of court at Memphis and Jackson," at the end of the section, were deleted as temporary, and as superfluous, in view of the remainder of the section, prescribing the places for holding terms of court.
A provision for furnishing rooms and accommodations by the local authorities for holding court at Columbia "but only until such time as such accommodations shall be provided upon the recommendation of the Director of the Administrative Office of the United States Courts in a public building or other quarters provided by the Federal Government for such purpose," was omitted on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available.
An identical provision with reference to Winchester is retained in part, but the words quoted above were omitted as unnecessary since, when such buildings become available, the Director will, under section 604 of this title, provide court accommodations therein.
The last paragraph of the revised section consolidates the provisions of paragraphs (e) and (f) of section 188 of title 28, U.S.C., 1940 ed., relating to the terms of court to be held in the two divisions of the eastern district by the two judges, and their respective powers of appointment of court officers and employees.
Provisions relating to appointment and residence of deputy marshals and maintenance of clerk's office, were omitted as covered by sections 542 [see 561] and 751 of this title.
The clerk of court in a letter dated February 7, 1945, calls attention to a rule of court providing for hearing of all bankruptcy matters arising in Haywood County at Jackson in the eastern division of the western district.
The provision respecting court accommodations at Winchester was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2008—Subsec. (c)(1). Pub. L. 110–406, §2(a)(1), inserted "Dyer," after "Decatur," and "and Dyersburg" after "Jackson".
Subsec. (c)(2). Pub. L. 110–406, §2(a)(2), struck out "Dyer," after "counties of" and "and Dyersburg" after "Memphis".
1970—Subsec. (c)(1). Pub. L. 91–272, §12(a), added Haywood County to the enumeration of counties comprising the Eastern Division of the Western District.
Subsec. (c)(2). Pub. L. 91–272, §12(b), struck out Haywood County from the enumeration of counties comprising the Western Division of the Western District.
1961—Subsec. (c)(2). Pub. L. 87–36, as amended by Pub. L. 87–86, provided for holding court at Dyersburg.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–406, §2(b), Oct. 13, 2008, 122 Stat. 4291, provided that:
"(1) In general.—The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Oct. 13, 2008].
"(2) Pending cases not affected.—The amendments made by this section shall not affect any action commenced before the effective date of this section and pending in the United States District Court for the Western District of Tennessee on such date.
"(3) Juries not affected.—The amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving in the United States District Court for the Western District of Tennessee on the effective date of this section."
§124. Texas
Texas is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of Texas.
Northern District
(a) The Northern District comprises seven divisions.
(1) The Dallas Division comprises the counties of Dallas, Ellis, Hunt, Johnson, Kaufman, Navarro, and Rockwall.
Court for the Dallas Division shall be held at Dallas.
(2) The Fort Worth Division comprises the counties of Comanche, Erath, Hood, Jack, Palo Pinto, Parker, Tarrant, and Wise.
Court for the Fort Worth Division shall be held at Fort Worth.
(3) The Abilene Division comprises the counties of Callahan, Eastland, Fisher, Haskell, Howard, Jones, Mitchell, Nolan, Shackleford, Stephens, Stonewall, Taylor, and Throckmorton.
Court for the Abilene Division shall be held at Abilene.
(4) The San Angelo Division comprises the counties of Brown, Coke, Coleman, Concho, Crockett, Glasscock, Irion, Menard, Mills, Reagan, Runnels, Schleicher, Sterling, Sutton, and Tom Green.
Court for the San Angelo Division shall be held at San Angelo.
(5) The Amarillo Division comprises the counties of Armstrong, Brisco, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, and Wheeler.
Court for the Amarillo Division shall be held at Amarillo.
(6) The Wichita Falls Division comprises the counties of Archer, Baylor, Clay, Cottle, Foard, Hardeman, King, Knox, Montague, Wichita, Wilbarger, and Young.
Court for the Wichita Falls Division shall be held at Wichita Falls.
(7) The Lubbock Division comprises the counties of Bailey, Borden, Cochran, Crosby, Dawson, Dickens, Floyd, Gaines, Garza, Hale, Hockley, Kent, Lamb, Lubbock, Lynn, Motley, Scurry, Terry, and Yoakum.
Court for the Lubbock Division shall be held at Lubbock.
Southern District
(b) The Southern District comprises seven divisions.
(1) The Galveston Division comprises the counties of Brazoria, Chambers, Galveston, and Matagorda.
Court for the Galveston Division shall be held at Galveston.
(2) The Houston Division comprises the counties of Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, and Wharton.
Court for the Houston Division shall be held at Houston.
(3) The Laredo Division comprises the counties of Jim Hogg, La Salle, McMullen, Webb, and Zapata.
Court for the Laredo Division shall be held at Laredo.
(4) The Brownsville Division comprises the counties of Cameron and Willacy.
Court for the Brownsville Division shall be held at Brownsville.
(5) The Victoria Division comprises the counties of Calhoun, DeWitt, Goliad, Jackson, Lavaca, Refugio, and Victoria.
Court for the Victoria Division shall be held at Victoria.
(6) The Corpus Christi Division comprises the counties of Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, Nueces, and San Patricio.
Court for the Corpus Christi Division shall be held at Corpus Christi.
(7) The McAllen Division comprises the counties of Hidalgo and Starr.
Court for the McAllen Division shall be held at McAllen.
Eastern District
(c) The Eastern District comprises seven divisions.
(1) The Tyler Division comprises the counties of Anderson, Cherokee, Gregg, Henderson, Panola, Rains, Rusk, Smith, Van Zandt, and Wood.
Court for Tyler Division will be held at Tyler.
(2) The Beaumont Division comprises the counties of Hardin, Jasper, Jefferson, Liberty, Newton, and Orange.
Court for the Beaumont Division is to be held at Beaumont.
(3) The Sherman Division comprises the counties of Collin, Cook, Delta, Denton, Fannin, Grayson, Hopkins, and Lamar.
Court for the Sherman Division shall be held at Sherman and Plano.
(4) The Marshall Division comprises the counties of Camp, Cass, Harrison, Marion, Morris, and Upshur.
Court for the Marshall Division shall be held at Marshall.
(5) The Texarkana Division comprises the counties of Bowie, Franklin, Red River, and Titus.
Court for the Texarkana Division shall be held at Texarkana, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas.
(6) The Lufkin Division comprises the counties of Angelina, Houston, Nacogdoches, Polk, Sabine, San Augustine, Shelby, Trinity, and Tyler.
Court for the Lufkin Division shall be held at Lufkin.
Western District
(d) The Western District comprises seven divisions.
(1) The Austin Division comprises the counties of Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washington, and Williamson.
Court for the Austin Division shall be held at Austin.
(2) The Waco Division comprises the counties of Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson, and Somervell.
Court for the Waco Division shall be held at Waco.
(3) The El Paso Division comprises the county of El Paso.
Court for the El Paso Division shall be held at El Paso.
(4) The San Antonio Division comprises the counties of Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson.
Court for the San Antonio Division shall be held at San Antonio.
(5) The Del Rio Division comprises the counties of Edwards, Kinney, Maverick, Terrell, Uvalde, Val Verde, and Zavalla.
Court for the Del Rio Division shall be held at Del Rio.
(6) The Pecos Division comprises the counties of Brewster, Culberson, Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Ward, and Winkler.
Court for the Pecos Division shall be held at Pecos and Alpine.
(7) The Midland-Odessa Division comprises the counties of Andrews, Crane, Ector, Martin, Midland, and Upton.
Court for the Midland-Odessa Division shall be held at Midland. Court may be held, in the discretion of the court, in Odessa, when courtroom facilities are made available at no expense to the Government.
(June 25, 1948, ch. 646, 62 Stat. 891; Feb. 10, 1954, ch. 6, §2(b)(9)(a), (b), 68 Stat. 11; Pub. L. 85–298, §§1, 2, Sept. 4, 1957, 71 Stat. 618; Pub. L. 87–352, Oct. 4, 1961, 75 Stat. 772; Pub. L. 88–282, Mar. 11, 1964, 78 Stat. 163; Pub. L. 88–512, Aug. 30, 1964, 78 Stat. 695; Pub. L. 90–216, Dec. 18, 1967, 81 Stat. 661; Pub. L. 96–462, §6, Oct. 15, 1980, 94 Stat. 2054; Pub. L. 98–620, title IV, §407(a), Nov. 8, 1984, 98 Stat. 3362; Pub. L. 108–157, §1(a), Dec. 3, 2003, 117 Stat. 1947; Pub. L. 108–455, §3, Dec. 10, 2004, 118 Stat. 3628; Pub. L. 118–73, §2(a), July 30, 2024, 138 Stat. 1504.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §189 (Mar. 3, 1911, ch. 231, §108, 36 Stat. 1125; May 29, 1912, ch. 144, 37 Stat. 120; Feb. 5, 1913, ch. 28, §§1, 2, 37 Stat. 663; Feb. 26, 1917, ch. 122, 39 Stat. 939; Mar. 1, 1919, ch. 87, 40 Stat. 1270; Mar. 2, 1923, ch. 172, §§1, 2, 42 Stat. 1373; Apr. 3, 1924, ch. 82, 43 Stat. 64; May 29, 1924, ch. 211, §§1, 2, 43 Stat. 244; May 26, 1928, ch. 752, §1, 45 Stat. 747; June 6, 1930, ch. 408, 46 Stat. 521; June 24, 1930, ch. 596, 46 Stat. 807; Feb. 20, 1932, ch. 51, 47 Stat. 52; July 25, 1939, ch. 356, §1, 53 Stat. 1082; June 6, 1940, ch. 252, 54 Stat. 241.)
Words "and all prosecutions against persons for offenses committed in the county of Reagan shall be tried in the court at San Angelo: Provided, That no civil or criminal cause begun and pending prior to May 29, 1924, shall be in any way affected," words "and all prosecutions against persons for offenses committed in the county of Pecos shall be tried in the district court at El Paso, or Pecos City: Provided, That no civil or criminal cause begun and pending prior to March 2, 1923, shall be in any way affected," and words "Provided, That no civil or criminal cause commenced prior to June 24, 1930, shall be in any way affected," were all deleted as superseded by Federal Rules of Criminal Procedure, Rules 18–22, and as obsolete, in view of the lapse of time after the dates included in such provisions.
Provisions for furnishing rooms and accommodations at Pecos and Wichita Falls were omitted as obsolete, on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places.
Provisions relating to the maintenance of offices at various cities by the clerks were omitted as covered by sections 452 and 751 of this title.
Provisions that process against residents of Pecos County shall issue from and be returnable to the court at Pecos City and against residents of Reagan County at San Angelo, were omitted since such matter can be regulated more appropriately by court rule or order. (See Rule 4 of Federal Rules of Civil Procedure.)
The provisions requiring notice to be given for time of holding court in Pecos division and at Corpus Christi, were omitted as covered by section 141 of this title.
Five counties included in this section were created since the enactment of section 189 of title 28. These were Kleberg County and Kenedy County of the Corpus Christi division of the southern district, Culberson County and Hudspeth County of the El Paso division of the western district, and Real County of the San Antonio division of the western district. Pecos County is included in the Pecos division and omitted from the El Paso division of the western district to conform to the practice of the court.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2024—Subsec. (d)(6). Pub. L. 118–73, which directed the insertion of "and Alpine" after "Pecos" in the matter preceding par. (7), was executed by making the insertion after "Pecos" the second place appearing, to reflect the probable intent of Congress.
2004—Subsec. (c)(5). Pub. L. 108–455 inserted ", and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas" after "held at Texarkana".
2003—Subsec. (c)(3). Pub. L. 108–157, §1(a)(1), substituted "Delta, Denton, Fannin, Grayson, Hopkins, and Lamar" for "Denton, and Grayson" and inserted "and Plano" after "held at Sherman".
Subsec. (c)(4) to (7). Pub. L. 108–157, §1(a)(2), (3), redesignated pars. (5) to (7) as (4) to (6), respectively, in par. (5) inserted "Red River," after "Franklin,", and struck out former par. (4) which read "The Paris Division comprises the counties of Delta, Fannin, Hopkins, Lamar, and Red River.
"Court for the Paris Division shall be held at Paris."
1984—Subsec. (b). Pub. L. 98–620, §407(a)(1), substituted "seven" for "six" in provisions preceding par. (1).
Subsec. (b)(4). Pub. L. 98–620, §407(a)(2), struck out references to Hidalgo and Starr counties from the counties comprising the Brownsville Division of the Southern District.
Subsec. (b)(7). Pub. L. 98–620, §407(a)(3), added par. (7).
1980—Subsec. (b)(2). Pub. L. 96–462, §6(a), struck out references to Polk and Trinity counties in list of counties comprising Houston Division of Southern District.
Subsec. (c). Pub. L. 96–462, §6(b), in provisions preceding par. (1) substituted "seven" for "six"; in par. (1) struck out references to Angelina, Houston, Nacogdoches, and Shelby counties in list of counties comprising Tyler Division of Eastern District; in par. (2) struck out references to Sabine, San Augustine, and Tyler counties in list of counties comprising Beaumont Division of Eastern District; and added par. (7).
1967—Subsec. (d). Pub. L. 90–216, §1(4), enlarged from six to seven the number of divisions comprising Western District.
Subsec. (d)(3). Pub. L. 90–216, §1(1), transferred counties of Brewster, Culberson, Hudspeth, and Presidio from El Paso Division to Pecos Division.
Subsec. (d)(6). Pub. L. 90–216, §1(2), added counties of Brewster, Culberson, Hudspeth, and Presidio to Pecos Division from El Paso Division, and transferred counties of Andrews, Crane, Ector, Martin, Midland, and Upton from Pecos Division to Midland-Odessa Division.
Subsec. (d)(7). Pub. L. 90–216, §1(3), added par. (7), which created Midland-Odessa Division, comprised of counties of Andrews, Crane, Ector, Martin, Midland, and Upton, transferred from Pecos Division.
1964—Subsec. (b)(1). Pub. L. 88–282, §1(a), struck out Austin, Fort Bend, and Wharton counties from list comprising Galveston Division.
Subsec. (b)(2). Pub. L. 88–282, §1(b), added Austin, Fort Bend, and Wharton counties to list comprising Houston Division.
Subsec. (c)(4). Pub. L. 88–512, §1(a), added county of Hopkins to Paris Division.
Subsec. (c)(5). Pub. L. 88–512, §1(b), struck out county of Hopkins from Marshall Division.
1961—Subsec. (c)(5). Pub. L. 87–352 changed the name of Division from Jefferson to Marshall, and provided for holding court at Marshall.
1957—Subsec. (c)(1). Pub. L. 85–298, §2, inserted Shelby County in list of counties comprising Tyler Division.
Subsec. (c)(2). Pub. L. 85–298, §1, struck out Shelby County from list of counties comprising Beaumont Division.
1954—Subsec. (d)(4). Act Feb. 10, 1954, §2(b)(9)(a), struck out Edwards County from list of counties comprising San Antonio Division of Western District.
Subsec. (d)(5). Act Feb. 10, 1954, §2(b)(9)(b), inserted Edwards County in list of counties comprising Del Rio Division of Western District.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Pub. L. 108–157, §1(b), Dec. 3, 2003, 117 Stat. 1947, provided that:
"(1) In general.—This section [amending this section] and the amendments made by this section shall take effect on the date of the enactment of this Act [Dec. 3, 2003].
"(2) Pending cases not affected.—This section and the amendments made by this section shall not affect any action commenced before the effective date of this section and pending in the United States District Court for the Eastern District of Texas on such date.
"(3) Juries not affected.—This section and the amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving in the Eastern Judicial District of Texas on the effective date of this section."
Effective Date of 1984 Amendment
Pub. L. 98–620, title IV, §407(b), Nov. 8, 1984, 98 Stat. 3362, provided that: "The amendments made by subsection (a) of this section [amending this section] shall apply to any action commenced in the United States District Court for the Southern District of Texas on or after the effective date of this subtitle [Jan. 1, 1985], and shall not affect any action pending in such court on such effective date."
Amendment by Pub. L. 98–620 effective Jan. 1, 1985, and not to affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on that date, see section 411 of Pub. L. 98–620, set out as a note under section 85 of this title.
Effective Date of 1980 Amendment; Savings Provision
Amendment by Pub. L. 96–462 effective Oct. 1, 1981, but not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96–462, set out as a note under section 84 of this title.
§125. Utah
Utah constitutes one judicial district comprising two divisions.
(1) The Northern Division comprises the counties of Box Elder, Cache, Davis, Morgan, Rich, and Weber.
Court for the Northern Division shall be held at Salt Lake City and Ogden.
(2) The Central Division comprises the counties of Beaver, Carbon, Daggett, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Piute, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, and Wayne.
Court for the Central Division shall be held at Salt Lake City, Provo, and St. George.
(June 25, 1948, ch. 646, 62 Stat. 893; Pub. L. 104–317, title VI, §606, Oct. 19, 1996, 110 Stat. 3859.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §190 (Mar. 3, 1911, ch. 231, §109, 36 Stat. 1127).
A provision relating to the maintenance of offices by the clerk was omitted as covered by section 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1996—Par. (1). Pub. L. 104–317, §606(a), inserted "Salt Lake City and" before "Ogden".
Par. (2). Pub. L. 104–317, §606(b), inserted ", Provo, and St. George" after "Salt Lake City".
§126. Vermont
Vermont constitutes one judicial district.
Court shall be held at Bennington, Brattleboro, Burlington, Montpelier, Rutland, Saint Johnsbury, and Windsor.
(June 25, 1948, ch. 646, 62 Stat. 893; Pub. L. 88–312, May 28, 1964, 78 Stat. 201; Pub. L. 98–620, title IV, §410, Nov. 8, 1984, 98 Stat. 3362.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §191 (Mar. 3, 1911, ch. 231, §110, 36 Stat. 1127; Feb. 1, 1912, ch. 26, 37 Stat. 58; Feb. 28, 1929, ch. 360, 45 Stat. 1345).
Provision that "any stated term may, when adjourned, be adjourned to meet at any of the other places at Montpelier or Newport," was omitted as unnecessary and inconsistent with sections 140 and 141 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1984—Pub. L. 98–620 provided for holding court at Bennington.
1964—Pub. L. 88–312 provided for holding court at Montpelier and Saint Johnsbury.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 effective Jan. 1, 1985, and not to affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on that date, see section 411 of Pub. L. 98–620, set out as a note under section 85 of this title.
§127. Virginia
Virginia is divided into two judicial districts, to be known as the Eastern and Western districts of Virginia.
Eastern District
(a) The Eastern District comprises the counties of Accomac, Amelia, Arlington, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Elizabeth City, Essex, Fairfax, Fauquier, Gloucester, Goochland, Greensville, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Lunenburg, Mathews, Mecklenburg, Middlesex, Nansemond, New Kent, Norfolk, Northampton, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Prince William, Princess Anne, Richmond, Southampton, Spotsylvania, Stafford, Surry, Sussex, Warwick, Westmoreland, and York.
Court for the Eastern District shall be held at Alexandria, Newport News, Norfolk, and Richmond.
Western District
(b) The Western District comprises the counties of Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpeper, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Louisa, Madison, Montgomery, Nelson, Orange, Page, Patrick, Pittsylvania, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise, and Wythe.
Court for the Western District shall be held at Abingdon, Big Stone Gap, Charlottesville, Danville, Harrisonburg, Lynchburg, and Roanoke.
(c) Cities and incorporated towns are included in that district in which are included the counties within the exterior boundaries of which such cities and incorporated towns are geographically located or out of the territory of which they have been incorporated.
(June 25, 1948, ch. 646, 62 Stat. 893; Pub. L. 90–383, July 5, 1968, 82 Stat. 292; Pub. L. 102–200, §1, Dec. 10, 1991, 105 Stat. 1630.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§192 and 192a, and section 403c–2 of title 16, U.S.C., 1940 ed., Conservation (Mar. 3, 1911, ch. 231, §111, 36 Stat. 1127; June 13, 1918, ch. 100, 40 Stat. 605; Apr. 30, 1924, ch. 144, 43 Stat. 114; Feb. 21, 1925, ch. 290, 43 Stat. 962; Jan. 20, 1930, ch. 20, §1, 46 Stat. 56; Aug. 19, 1937, ch. 703, §2, 50 Stat. 701; June 13, 1938, ch. 350, 52 Stat. 674; Oct. 31, 1945, ch. 443, §202, 59 Stat. 554).
A provision of section 192 of title 28 relating to the maintenance of offices by the clerk of the western district was omitted as covered by sections 452 and 751 of this title.
Changes in arrangement and phraseology were made.
Senate Revision Amendment
By Senate amendment, "Newport News" was inserted after "Alexandria" in second paragraph of subsection (a) of this section. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments
1991—Subsec. (a). Pub. L. 102–200, §1(1), struck out reference to Culpeper, Louisa, and Orange counties.
Subsec. (b). Pub. L. 102–200, §1(2), inserted reference to Culpeper, Louisa, and Orange counties.
1968—Subsec. (c). Pub. L. 90–383 added subsec. (c).
Statutory Notes and Related Subsidiaries
Applicability of 1991 Amendments
Pub. L. 102–200, §2, Dec. 10, 1991, 105 Stat. 1630, provided that:
"(a) Pending Actions.—The amendments made by section 1 [amending this section] shall not apply to any action commenced before the date of the enactment of this Act [Dec. 10, 1991] and pending in the United States District Court for the Eastern District of Virginia on such date.
"(b) Juries.—The amendments made by section 1 shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Eastern or Western District of Virginia on the date of the enactment of this Act."
§128. Washington
Washington is divided into two judicial districts to be known as the Eastern and Western Districts of Washington.
Eastern District
(a) The Eastern District comprises the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima.
Court for the Eastern District shall be held at Spokane, Yakima, Walla Walla, and Richland.
Western District
(b) The Western District comprises the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom.
Court for the Western District shall be held at Bellingham, Seattle, Tacoma, Mount Vernon, and Vancouver.
(June 25, 1948, ch. 646, 62 Stat. 894; Pub. L. 87–699, Sept. 25, 1962, 76 Stat. 598; Pub. L. 91–272, §4, June 2, 1970, 84 Stat. 297; Pub. L. 110–161, div. D, title III, §308, Dec. 26, 2007, 121 Stat. 1990; Pub. L. 118–73, §2(b), July 30, 2024, 138 Stat. 1504.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §193 (Mar. 3, 1911, ch. 231, §112, 36 Stat. 1128; June 15, 1937, ch. 351, 50 Stat. 260; Dec. 28, 1945, ch. 596, 59 Stat. 661).
Words "with the waters thereof," after the list of counties in each division, were omitted as unnecessary, and in view of the absence of such words in most similar sections relating to other States.
A provision relating to the maintenance of offices by the clerks were omitted as covered by section 751 of this title.
Provisions that the counties in both divisions of the eastern district included all Indian reservations in such counties and that the counties in both divisions of the western district included all Indian reservations in such counties were omitted as surplusage. (See Reviser's Note under section 114 of this title.)
Pend Oreille County of the northern division of the eastern district and Grays Harbor of the southern division of the western district were created since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2024—Subsec. (b). Pub. L. 118–73 inserted "Mount Vernon," after "Tacoma,".
2007—Subsec. (b). Pub. L. 110–161 substituted "Bellingham, Seattle, Tacoma, and Vancouver" for "Bellingham, Seattle, and Tacoma".
1970—Subsec. (a). Pub. L. 91–272, §4(a), struck out provisions which had divided Eastern District into a Northern Division and a Southern Division.
Subsec. (b). Pub. L. 91–272, §4(b), struck out provisions which had divided Western District into a Northern Division and a Southern Division.
1962—Subsec. (a)(2). Pub. L. 87–699 provided for holding court at Richland.
§129. West Virginia
West Virginia is divided into two judicial districts to be known as the Northern and Southern Districts of West Virginia.
Northern District
(a) The Northern District comprises the counties of Barbour, Berkeley, Braxton, Brooke, Calhoun, Doddridge, Gilmer, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Monongalia, Morgan, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Webster, and Wetzel.
Court for the Northern District shall be held at Clarksburg, Elkins, Fairmont, Martinsburg, and Wheeling.
Southern District
(b) The Southern District comprises the counties of Boone, Cabell, Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Logan, McDowell, Mason, Mercer, Mingo, Monroe, Nicholas, Putnam, Raleigh, Roane, Summers, Wayne, Wirt, Wood, and Wyoming.
Court for the Southern District shall be held at Beckley, Bluefield, Charleston, Huntington, Lewisburg, and Parkersburg.
(June 25, 1948, ch. 646, 62 Stat. 894; Pub. L. 97–471, §1, Jan. 14, 1983, 96 Stat. 2601.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §194 (Mar. 3, 1911, ch. 231, §113, 36 Stat. 1129; Mar. 23, 1912, ch. 63, 37 Stat. 76; Aug. 22, 1914, ch. 265, 38 Stat. 702; Feb. 27, 1922, ch. 83, 42 Stat. 398; June 22, 1936, ch. 695, 49 Stat. 1805; Aug. 23, 1937, ch. 737, 50 Stat. 744; June 29, 1938, ch. 817, 52 Stat. 1245).
Words "with the waters thereof," after the list of counties in each district, were omitted as unnecessary, and in view of the absence of such words in similar sections relating to other States.
Provisions relating to special terms of court were omitted as covered by section 141 of this title.
A provision that the term at Fairmont be held "when suitable rooms and accommodations for holding terms of the court shall be furnished at Fairmont free of cost to the United States or until, subject to the recommendation of the Attorney General of the United States with respect to providing such rooms and accommodations for holding court at Fairmont, a Federal building containing such suitable rooms and accommodations for holding court shall be erected at such place," was omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available.
Provisions respecting court accommodations at Beckley and Lewisburg were omitted as covered by section 142 of this title.
Changes were made in arrangement and phraseology.
Editorial Notes
Amendments
1983—Subsec. (a). Pub. L. 97–471, §1(1), struck out references to Parkersburg, Wirt, and Wood counties and inserted references to Braxton, Pocahontas, and Webster counties.
Subsec. (b). Pub. L. 97–471, §1(2), struck out references to Braxton, Pocahontas, and Webster counties and inserted references to Parkersburg, Wirt, and Wood counties.
§130. Wisconsin
Wisconsin is divided into two judicial districts to be known as the Eastern and Western districts of Wisconsin.
Eastern District
(a) The Eastern District comprises the counties of Brown, Calumet, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Kenosha, Kewaunee, Langlade, Manitowoc, Marinette, Marquette, Menominee, Milwaukee, Oconto, Outagamie, Ozaukee, Racine, Shawano, Sheboygan, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago.
Court for the Eastern District shall be held at Green Bay, Milwaukee, and Oshkosh.
Western District
(b) The Western District comprises the counties of Adams, Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, Crawford, Dane, Douglas, Dunn, Eau Claire, Grant, Green, Iowa, Iron, Jackson, Jefferson, Juneau, La Crosse, Lafayette, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, Polk, Portage, Price, Richland, Rock, Rusk, Saint Croix, Sauk, Sawyer, Taylor, Trempealeau, Vernon, Vilas, Washburn, and Wood.
Court for the Western District shall be held at Eau Claire, La Crosse, Madison, Superior, and Wausau.
(June 25, 1948, ch. 646, 62 Stat. 894; Pub. L. 87–573, Aug. 6, 1962, 76 Stat. 307.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §195 (Mar. 3, 1911, ch. 231, §114, 36 Stat. 1129; July 24, 1935, ch. 413, 49 Stat. 495).
Provisions for keeping the courts and their offices open at all times were omitted as covered by section 452 of this title.
Provisions for maintenance of offices by the clerk and marshal, and for the appointment and residence of a deputy marshal for Superior, were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Words "All causes and proceedings instituted in the court at Superior shall be tried therein, unless by consent of the parties, or upon the order of the court, they are transferred to another place for trial," were omitted as unnecessary. Such provision, as to civil cases, is covered by section 1404 of this title, and, as to criminal cases, is rendered unnecessary because of inherent power of the court and Rules 18–20 of the Federal Rules of Criminal Procedure.
Provisions for the return of process, including criminal warrants, at Superior and other places in the western district and for the keeping of records in the clerk's office at Superior, were omitted, since such matters can be regulated more appropriately by court rule or order. (See Federal Rules of Civil Procedure, Rule 4, and Federal Rules of Criminal Procedure, Rule 4(g).)
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1962—Subsec. (a). Pub. L. 87–573 inserted reference to Menominee county.
Statutory Notes and Related Subsidiaries
Designation of Judge to Hold Court, Eastern District
Pub. L. 106–553, §1(a)(2) [title III, §305(c)], Dec. 21, 2000, 114 Stat. 2762, 2762A-85, provided that: "The chief judge of the eastern district of Wisconsin shall designate 1 judge who shall hold court for such district in Green Bay, Wisconsin."
§131. Wyoming
Wyoming and those portions of Yellowstone National Park situated in Montana and Idaho constitute one judicial district.
Court shall be held at Casper, Cheyenne, Evanston, Lander, Jackson, and Sheridan.
(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 98–353, title II, §203(a), July 10, 1984, 98 Stat. 350.)
Historical and Revision Notes
Based on section 27 of title 16, U.S.C., 1940 ed., Conservation, and title 28, U.S.C., 1940 ed., §196 (May 7, 1894, ch. 72, §5, 28 Stat. 74; Mar. 3, 1911, ch. 231, §§115, 291, 36 Stat. 1130, 1167; June 5, 1924, ch. 260, 43 Stat. 388; June 28, 1938, ch. 778, §1, 52 Stat. 1213).
Section consolidates section 196 of title 28, U.S.C., 1940 ed., with a portion of section 27 of title 16, U.S.C., 1940 ed., with necessary changes in arrangement and phraseology. Reference to parts of Yellowstone National Park in Montana and Idaho is derived from said section 27. Other provisions of said section are incorporated in sections 631 and 632 of this title.
A provision of section 196 of title 28, U.S.C., 1940 ed., for furnishing rooms and accommodations at Casper was omitted as obsolete, upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available there.
Provisions of section 196 of title 28, U.S.C., 1940 ed., for appointment of deputies and maintenance of offices by the clerk and marshal were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Editorial Notes
Amendments
1984—Pub. L. 98–353 provided for holding court at Jackson.
§132. Creation and composition of district courts
(a) There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.
(b) Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court.
(c) Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.
(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 88–176, §2, Nov. 13, 1963, 77 Stat. 331.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §1, and section 641 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 30, 1900, ch. 339, §86, 31 Stat. 158; Mar. 3, 1909, ch. 269, §1, 35 Stat. 838; Mar. 3, 1911, ch. 231, §1, 36 Stat. 1087; July 30, 1914, ch. 216, 38 Stat. 580; July 19, 1921, ch. 42, §313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, §1, 44 Stat. 19).
Section consolidates section 1 of title 28, U.S.C., 1940 ed., and section 641 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect the consolidation.
Subsection (c) is derived from section 641 of title 48, U.S.C., 1940 ed., which applied only to the Territory of Hawaii. The revised section, by extending it to all districts, merely recognizes established practice.
Other portions of section 1 of title 28, U.S.C., 1940 ed., are incorporated in sections 133 and 134 of this title. The remainder of section 641 of title 48, U.S.C., 1940 ed., is incorporated in sections 91 and 133 of this title.
Editorial Notes
Amendments
1963—Subsec. (b). Pub. L. 88–176 inserted "regular" before "active service".
Statutory Notes and Related Subsidiaries
Continuation of Organization of Court
Act June 25, 1948, ch. 646, §2(b), 62 Stat. 985, provided in part that the provisions of this title as set out in section 1 of act June 25, 1948, with respect to the organization of the court, shall be construed as a continuation of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title pursuant to his prior appointment.
§133. Appointment and number of district judges
(a) The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows:
| Districts | Judges |
|---|
| Alabama: |
|
| Northern |
7 |
| Middle |
3 |
| Southern |
3 |
| Alaska |
3 |
| Arizona |
12 |
| Arkansas: |
|
| Eastern |
5 |
| Western |
3 |
| California: |
|
| Northern |
14 |
| Eastern |
6 |
| Central |
27 |
| Southern |
13 |
| Colorado |
7 |
| Connecticut |
8 |
| Delaware |
4 |
| District of Columbia |
15 |
| Florida: |
|
| Northern |
4 |
| Middle |
15 |
| Southern |
17 |
| Georgia: |
|
| Northern |
11 |
| Middle |
4 |
| Southern |
3 |
| Hawaii |
3 |
| Idaho |
2 |
| Illinois: |
|
| Northern |
22 |
| Central |
4 |
| Southern |
4 |
| Indiana: |
|
| Northern |
5 |
| Southern |
5 |
| Iowa: |
|
| Northern |
2 |
| Southern |
3 |
| Kansas |
5 |
| Kentucky: |
|
| Eastern |
5 |
| Western |
4 |
| Eastern and Western |
1 |
| Louisiana: |
|
| Eastern |
12 |
| Middle |
3 |
| Western |
7 |
| Maine |
3 |
| Maryland |
10 |
| Massachusetts |
13 |
| Michigan: |
|
| Eastern |
15 |
| Western |
4 |
| Minnesota |
7 |
| Mississippi: |
|
| Northern |
3 |
| Southern |
6 |
| Missouri: |
|
| Eastern |
6 |
| Western |
5 |
| Eastern and Western |
2 |
| Montana |
3 |
| Nebraska |
3 |
| Nevada |
7 |
| New Hampshire |
3 |
| New Jersey |
17 |
| New Mexico |
6 |
| New York: |
|
| Northern |
5 |
| Southern |
28 |
| Eastern |
15 |
| Western |
4 |
| North Carolina: |
|
| Eastern |
4 |
| Middle |
4 |
| Western |
4 |
| North Dakota |
2 |
| Ohio: |
|
| Northern |
11 |
| Southern |
8 |
| Oklahoma: |
|
| Northern |
3 |
| Eastern |
1 |
| Western |
6 |
| Northern, Eastern, and Western |
1 |
| Oregon |
6 |
| Pennsylvania: |
|
| Eastern |
22 |
| Middle |
6 |
| Western |
10 |
| Puerto Rico |
7 |
| Rhode Island |
3 |
| South Carolina |
10 |
| South Dakota |
3 |
| Tennessee: |
|
| Eastern |
5 |
| Middle |
4 |
| Western |
5 |
| Texas: |
|
| Northern |
12 |
| Southern |
19 |
| Eastern |
7 |
| Western |
13 |
| Utah |
5 |
| Vermont |
2 |
| Virginia: |
|
| Eastern |
11 |
| Western |
4 |
| Washington: |
|
| Eastern |
4 |
| Western |
7 |
| West Virginia: |
|
| Northern |
3 |
| Southern |
5 |
| Wisconsin: |
|
| Eastern |
5 |
| Western |
2 |
| Wyoming |
3. |
(b)(1) In any case in which a judge of the United States (other than a senior judge) assumes the duties of a full-time office of Federal judicial administration, the President shall appoint, by and with the advice and consent of the Senate, an additional judge for the court on which such judge serves. If the judge who assumes the duties of such full-time office leaves that office and resumes the duties as an active judge of the court, then the President shall not appoint a judge to fill the first vacancy which occurs thereafter in that court.
(2) For purposes of paragraph (1), the term "office of Federal judicial administration" means a position as Director of the Federal Judicial Center, Director of the Administrative Office of the United States Courts, or Counselor to the Chief Justice.
(June 25, 1948, ch. 646, 62 Stat. 895; Aug. 3, 1949, ch. 387, §2(a), 63 Stat. 493; Aug. 14, 1950, ch. 708, 64 Stat. 443; Aug. 29, 1950, ch. 819, §1, 64 Stat. 562; Sept. 5, 1950, ch. 848, §1, 64 Stat. 578; Feb. 10, 1954, ch. 6, §2(a)(3), 68 Stat. 9; Pub. L. 85–310, Sept. 7, 1957, 71 Stat. 631; Pub. L. 85–508, §12(c), July 7, 1958, 72 Stat. 348; Pub. L. 86–3, §9(b), Mar. 18, 1959, 73 Stat. 8; Pub. L. 87–36, §2(d), May 19, 1961, 75 Stat. 81; Pub. L. 87–562, §3, July 30, 1962, 76 Stat. 248; Pub. L. 89–242, §1(c), Oct. 7, 1965, 79 Stat. 951; Pub. L. 89–372, §4, Mar. 18, 1966, 80 Stat. 77; Pub. L. 91–272, §1(d), June 2, 1970, 84 Stat. 295; Pub. L. 92–208, §3(d), Dec. 18, 1971, 85 Stat. 742; Pub. L. 95–408, §4(b)(2), Oct. 2, 1978, 92 Stat. 885; Pub. L. 95–486, §1(c), Oct. 20, 1978, 92 Stat. 1630; Pub. L. 97–471, §3, Jan. 14, 1983, 96 Stat. 2601; Pub. L. 98–353, title II, §202(e), July 10, 1984, 98 Stat. 348; Pub. L. 101–650, title II, §203(d), title III, §303, Dec. 1, 1990, 104 Stat. 5101, 5105; Pub. L. 105–53, §4, Oct. 6, 1997, 111 Stat. 1174; Pub. L. 106–113, div. B, §1000(a)(1) [title III, §309(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A-37; Pub. L. 106–553, §1(a)(2) [title III, §305(b)], Dec. 21, 2000, 114 Stat. 2762, 2762A-85; Pub. L. 107–273, div. A, title III, §312(a)(2), (b)(2), Nov. 2, 2002, 116 Stat. 1786, 1787; Pub. L. 110–402, §1(b)(1), Oct. 13, 2008, 122 Stat. 4254.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §1 and notes; sections 641, 643, 863, and 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions; District of Columbia Code, 1940 ed., §11–301 (Apr. 12, 1900, ch. 191, §§34, 35, 31 Stat. 84, 85; Apr. 30, 1900, ch. 339, §86, 31 Stat. 158; Mar. 3, 1901, ch. 854, §60, 31 Stat. 1199; Mar. 3, 1909, ch. 269, §1, 35 Stat. 838; Mar. 3, 1911, ch. 231, §1, 36 Stat. 1087; Jan. 7, 1913, ch. 6, 37 Stat. 648; July 30, 1914, ch. 216, 38 Stat. 580; Mar. 3, 1915, ch. 100, §1, 38 Stat. 961; Apr. 11, 1916, ch. 64, §1, 39 Stat. 48; Feb. 26, 1917, ch. 120, 39 Stat. 938; Mar. 2, 1917, ch. 145, §§41, 42, 39 Stat. 965, 966; Feb. 26, 1919, ch. 50, §1, 40 Stat. 1183; Mar. 4, 1921, ch. 161, §1, 41 Stat. 1412; July 9, 1921, ch. 42, §313, 42 Stat. 119; Sept. 14, 1922, ch. 306, §1, 42 Stat. 837; Jan. 16, 1925, ch. 83, §3, 43 Stat. 752; Feb. 12, 1925, ch. 220, 43 Stat. 890; Feb. 13, 1925, ch. 229, §§1, 13, 43 Stat. 936, 942; Feb. 16, 1925, ch. 233, §§2, 3, 43 Stat. 946; Mar. 2, 1925, ch. 397, §§1–3, 43 Stat. 1098; Mar. 3, 1927, ch. 297, §1, 44 Stat. 1346; Mar. 3, 1927, ch. 298, 44 Stat. 1347; Mar. 3, 1927, ch. 300, §1, 44 Stat. 1348; Mar. 3, 1927, ch. 332, 44 Stat. 1370; Mar. 3, 1927, ch. 336, §§1, 2, 44 Stat. 1372; Mar. 3, 1927, ch. 338, 44 Stat. 1374; Mar. 3, 1927, ch. 344, 44 Stat. 1380; Jan. 31, 1928, ch. 14, §1, 45 Stat. 54; Apr. 21, 1928, ch. 393, §5, 45 Stat. 439; May 29, 1928, ch. 882, 45 Stat. 974; Dec. 20, 1928, ch. 41, 45 Stat. 1056; Jan. 17, 1929, ch. 72, §1, 45 Stat. 1081; Feb. 26, 1929, ch. 334, 45 Stat. 1317; Feb. 26, 1929, ch. 337, 45 Stat. 1319; Feb. 28, 1929, ch. 358, §1, 45 Stat. 1344; Feb. 28, 1929, ch. 380, 45 Stat. 1409; May 28, 1930, ch. 346, §1, 46 Stat. 431; June 19, 1930, ch. 537, 46 Stat. 785; June 27, 1930, ch. 633, 46 Stat. 819; June 27, 1930, ch. 635, §1, 46 Stat. 820; July 3, 1930, ch. 852, 46 Stat. 1006; Feb. 20, 1931, ch. 244, 46 Stat. 1196; Feb. 20, 1931, ch. 245, 46 Stat. 1197; Feb. 25, 1931, ch. 296, 46 Stat. 1417; May 17, 1932, ch. 190, 47 Stat. 158; May 20, 1932, ch. 196, 47 Stat. 161; Aug. 2, 1935, ch. 425, 49 Stat. 508; Aug. 19, 1935, ch. 558, §§1, 2, 49 Stat. 659; Aug. 28, 1935, ch. 793, 49 Stat. 945; June 5, 1936, ch. 515, 49 Stat. 1476; June 15, 1936, ch. 544, 49 Stat. 1491; June 16, 1936, ch. 585, §1, 49 Stat. 1523; June 22, 1936, ch. 693, 49 Stat. 1804; June 22, 1936, ch. 694, 49 Stat. 1804; June 22, 1936, ch. 696, 49 Stat. 1806; Aug. 25, 1937, ch. 771, §1, 50 Stat. 805; Mar. 18, 1938, ch. 47, 52 Stat. 110; Mar. 26, 1938, ch. 51, §2, 52 Stat. 118; May 31, 1938, ch. 290, §§4, 5, 6, 52 Stat. 584, 585; June 20, 1938, ch. 528, 52 Stat. 780; Jan. 20, 1940, ch. 11, 54 Stat. 16; May 24, 1940, ch. 209, §2(c), 54 Stat. 220; June 8, 1940, ch. 282, 54 Stat. 253; Nov. 27, 1940, ch. 92, §1, 54 Stat. 1216; Nov. 21, 1941, ch. 479, 55 Stat. 773; July 7, 1942, ch. 489, 56 Stat. 648; Dec. 24, 1942, ch. 817, 56 Stat. 1083; Dec. 24, 1942, ch. 827, 56 Stat. 1092; Dec. 7, 1944, ch. 521, 58 Stat. 796; Dec. 22, 1944, ch. 663, 58 Stat. 887; Oct. 16, 1945, ch. 419, §§1, 2, 59 Stat. 545, 546; June 15, 1946, ch. 413, 60 Stat. 260; July 24, 1946, chs. 600, 602, 60 Stat. 654).
Section consolidates provisions of section 1 of title 28, U.S.C., 1940 ed., and sections 641, 643, 863, and 864 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation.
Provisions of section 1 of title 28, U.S.C., 1940 ed., relating to residence of judges, are covered by section 134 of this title.
The act of Dec. 7, 1944, amended section 2 of the act of May 24, 1940, 54 Stat. 219, section 1, note, of title 28, U.S.C., 1940 ed., to read as follows: "(a) Provided, That the first vacancy in the office of district judge in each of said districts except in the eastern district of Pennsylvania, shall not be filled."
The act of Dec. 22, 1944, amended the same section to read as follows: "(a) Provided, That the first vacancy occurring in the office of district judge in each of said districts except the district of New Jersey shall not be filled."
The act of July 24, 1946, ch. 600, §1, 60 Stat. 654, amended the proviso in the 1940 act to read as follows: "Provided, That the first vacancy occurring in the office of district judge in each of said districts, except the district of New Jersey and the eastern district of Pennsylvania, shall not be filled."
The following additional but temporary judgeships, authorized by Congress, are not included in the revised section:
| Districts | Judges |
|---|
| Delaware |
1 |
| Florida, Northern and Southern |
1 |
| Georgia, Northern |
1 |
| Kansas |
1 |
| Missouri, Eastern and Western |
1 |
| Ohio, Northern |
1 |
| Oklahoma, Western |
1 |
| Pennsylvania, Eastern, Middle and Western |
1 |
| West Virginia, Northern and Southern |
1 |
Other provisions of said section 11–301 of the District of Columbia Code, 1940 ed., are incorporated in section 136 of this title.
A part of section 641 of title 48, U.S.C., 1940 ed., is incorporated in sections 91 and 132 of this title.
Parts of sections 863 and 864 of title 48, U.S.C., 1940 ed., are retained in title 48. For other parts of those sections, see Distribution Table.
Other provisions of section 643 of title 48, U.S.C., 1940 ed., are incorporated in sections 501 [now 541], 504 [now 541 to 544], and 541 [see 561] of this title.
Senate Revision Amendment
Provisions for one district judge in the Southern District of Indiana were inserted in this section by Senate amendment. See 80th Congress Senate Report No. 1559.
Editorial Notes
Codification
Paragraph (2) of subsection (b) of section 4 of Pub. L. 95–408, cited as a credit to this section, was amended generally by Pub. L. 96–4, §1, Mar. 30, 1979, 93 Stat. 6, and enacted provisions which are set out as a note under section 93 of this title.
Amendments
2008—Subsec. (b)(2). Pub. L. 110–402 substituted "Counselor" for "administrative assistant".
2002—Subsec. (a). Pub. L. 107–273 increased number of permanent district judgeships as follows: in Southern District of California from 8 to 13, in Central and Southern Districts of Illinois from 3 to 4, in Northern District of New York from 4 to 5, in Western District of North Carolina from 3 to 4, in Western District of Texas from 11 to 13, and in Eastern District of Virginia from 10 to 11.
2000—Subsec. (a). Pub. L. 106–553 increased number of permanent district judgeships as follows: in Arizona from 11 to 12, in Southern District of Florida from 16 to 17, in Eastern District of Kentucky from 4 to 5, in Nevada from 6 to 7, in New Mexico from 5 to 6, in South Carolina from 9 to 10, in Southern District of Texas from 18 to 19, in Western District of Texas from 10 to 11, in Eastern District of Virginia from 9 to 10, and in Eastern District of Wisconsin from 4 to 5.
1999—Subsec. (a). Pub. L. 106–113 increased number of permanent district judgeships in Arizona from 8 to 11, increased number of permanent district judgeships in Middle District of Florida from 11 to 15, and increased number of permanent district judgeships in Nevada from 4 to 6.
1997—Subsec. (a). Pub. L. 105–53 in item relating to Louisiana, reduced number of permanent district judgeships in Eastern District from 13 to 12 and increased number in Middle District from 2 to 3.
1990—Pub. L. 101–650, §303(1), designated existing provisions as subsec. (a) and added subsec. (b).
Pub. L. 101–650, §203(d), altered number of permanent district judgeships in named districts as follows:
| State | Former | New |
|---|
| Alabama: |
|
|
| Northern |
7 |
7 |
| Middle |
3 |
3 |
| Southern |
3 |
3 |
| Alaska |
3 |
3 |
| Arizona |
8 |
8 |
| Arkansas: |
|
|
| Eastern |
3 |
5 |
| Western |
1 |
3 |
| Eastern and Western |
2 |
0 |
| California: |
|
|
| Northern |
12 |
14 |
| Eastern |
6 |
6 |
| Central |
22 |
27 |
| Southern |
7 |
8 |
| Colorado |
7 |
7 |
| Connecticut |
6 |
8 |
| Delaware |
4 |
4 |
| District of Columbia |
15 |
15 |
| Florida: |
|
|
| Northern |
3 |
4 |
| Middle |
9 |
11 |
| Southern |
15 |
16 |
| Georgia: |
|
|
| Northern |
11 |
11 |
| Middle |
3 |
4 |
| Southern |
3 |
3 |
| Hawaii |
3 |
3 |
| Idaho |
2 |
2 |
| Illinois: |
|
|
| Northern |
20 |
22 |
| Central |
3 |
3 |
| Southern |
3 |
3 |
| Indiana: |
|
|
| Northern |
4 |
5 |
| Southern |
5 |
5 |
| Iowa: |
|
|
| Northern |
1 |
2 |
| Southern |
2 |
3 |
| Northern and Southern |
1 |
0 |
| Kansas |
5 |
5 |
| Kentucky: |
|
|
| Eastern |
4 |
4 |
| Western |
4 |
4 |
| Eastern and Western |
1 |
1 |
| Louisiana: |
|
|
| Eastern |
13 |
13 |
| Middle |
2 |
2 |
| Western |
6 |
7 |
| Maine |
2 |
3 |
| Maryland |
10 |
10 |
| Massachusetts |
11 |
13 |
| Michigan: |
|
|
| Eastern |
15 |
15 |
| Western |
4 |
4 |
| Minnesota |
7 |
7 |
| Mississippi: |
|
|
| Northern |
3 |
3 |
| Southern |
5 |
6 |
| Missouri: |
|
|
| Eastern |
5 |
6 |
| Western |
5 |
5 |
| Eastern and Western |
2 |
2 |
| Montana |
3 |
3 |
| Nebraska |
3 |
3 |
| Nevada |
4 |
4 |
| New Hampshire |
2 |
3 |
| New Jersey |
14 |
17 |
| New Mexico |
4 |
5 |
| New York: |
|
|
| Northern |
4 |
4 |
| Southern |
27 |
28 |
| Eastern |
12 |
15 |
| Western |
3 |
4 |
| North Carolina: |
|
|
| Eastern |
3 |
4 |
| Middle |
3 |
4 |
| Western |
3 |
3 |
| North Dakota |
2 |
2 |
| Ohio: |
|
|
| Northern |
10 |
11 |
| Southern |
7 |
8 |
| Oklahoma: |
|
|
| Northern |
2 |
3 |
| Eastern |
1 |
1 |
| Western |
4 |
6 |
| Northern, Eastern, and Western |
2 |
1 |
| Oregon |
5 |
6 |
| Pennsylvania: |
|
|
| Eastern |
19 |
22 |
| Middle |
5 |
6 |
| Western |
10 |
10 |
| Puerto Rico |
7 |
7 |
| Rhode Island |
3 |
3 |
| South Carolina |
8 |
9 |
| South Dakota |
3 |
3 |
| Tennessee: |
|
|
| Eastern |
4 |
5 |
| Middle |
3 |
4 |
| Western |
4 |
5 |
| Texas: |
|
|
| Northern |
10 |
12 |
| Southern |
13 |
18 |
| Eastern |
6 |
7 |
| Western |
7 |
10 |
| Utah |
4 |
5 |
| Vermont |
2 |
2 |
| Virginia: |
|
|
| Eastern |
9 |
9 |
| Western |
4 |
4 |
| Washington: |
|
|
| Eastern |
3 |
4 |
| Western |
6 |
7 |
| West Virginia: |
|
|
| Northern |
2 |
3 |
| Southern |
4 |
5 |
| Wisconsin: |
|
|
| Eastern |
4 |
4 |
| Western |
2 |
2 |
| Wyoming |
2 |
3 |
1984—Pub. L. 98–353 altered number of permanent district judgeships in named districts as follows:
| State | Former | New |
|---|
| Alabama: |
|
|
| Northern |
7 |
7 |
| Middle |
3 |
3 |
| Southern |
2 |
3 |
| Alaska |
2 |
3 |
| Arizona |
8 |
8 |
| Arkansas: |
|
|
| Eastern |
3 |
3 |
| Western |
1 |
1 |
| Eastern and Western |
2 |
2 |
| California: |
|
|
| Northern |
12 |
12 |
| Eastern |
6 |
6 |
| Central |
17 |
22 |
| Southern |
7 |
7 |
| Colorado |
6 |
7 |
| Connecticut |
5 |
6 |
| Delaware |
3 |
4 |
| District of Columbia |
15 |
15 |
| Florida: |
|
|
| Northern |
3 |
3 |
| Middle |
9 |
9 |
| Southern |
12 |
15 |
| Georgia: |
|
|
| Northern |
11 |
11 |
| Middle |
2 |
3 |
| Southern |
3 |
3 |
| Hawaii |
2 |
3 |
| Idaho |
2 |
2 |
| Illinois: |
|
|
| Northern |
16 |
20 |
| Central |
3 |
3 |
| Southern |
2 |
3 |
| Indiana: |
|
|
| Northern |
4 |
4 |
| Southern |
5 |
5 |
| Iowa: |
|
|
| Northern |
1 |
1 |
| Southern |
2 |
2 |
| Northern and Southern |
1 |
1 |
| Kansas |
5 |
5 |
| Kentucky: |
|
|
| Eastern |
4 |
4 |
| Western |
3 |
4 |
| Eastern and Western |
1 |
1 |
| Louisiana: |
|
|
| Eastern |
13 |
13 |
| Middle |
2 |
2 |
| Western |
5 |
6 |
| Maine |
2 |
2 |
| Maryland |
9 |
10 |
| Massachusetts |
10 |
11 |
| Michigan: |
|
|
| Eastern |
13 |
15 |
| Western |
4 |
4 |
| Minnesota |
5 |
7 |
| Mississippi: |
|
|
| Northern |
2 |
3 |
| Southern |
3 |
5 |
| Missouri: |
|
|
| Eastern |
4 |
5 |
| Western |
5 |
5 |
| Eastern and Western |
2 |
2 |
| Montana |
2 |
3 |
| Nebraska |
3 |
3 |
| Nevada |
3 |
4 |
| New Hampshire |
2 |
2 |
| New Jersey |
11 |
14 |
| New Mexico |
4 |
4 |
| New York: |
|
|
| Northern |
3 |
4 |
| Southern |
27 |
27 |
| Eastern |
10 |
12 |
| Western |
3 |
3 |
| North Carolina: |
|
|
| Eastern |
3 |
3 |
| Middle |
3 |
3 |
| Western |
3 |
3 |
| North Dakota |
2 |
2 |
| Ohio: |
|
|
| Northern |
9 |
10 |
| Southern |
6 |
7 |
| Oklahoma: |
|
|
| Northern |
2 |
2 |
| Eastern |
1 |
1 |
| Western |
3 |
4 |
| Northern, Eastern, and Western |
2 |
2 |
| Oregon |
5 |
5 |
| Pennsylvania: |
|
|
| Eastern |
19 |
19 |
| Middle |
5 |
5 |
| Western |
10 |
10 |
| Puerto Rico |
7 |
7 |
| Rhode Island |
2 |
3 |
| South Carolina |
8 |
8 |
| South Dakota |
3 |
3 |
| Tennessee: |
|
|
| Eastern |
3 |
4 |
| Middle |
3 |
3 |
| Western |
3 |
4 |
| Texas: |
|
|
| Northern |
9 |
10 |
| Eastern |
4 |
6 |
| Southern |
13 |
13 |
| Western |
6 |
7 |
| Utah |
3 |
4 |
| Vermont |
2 |
2 |
| Virginia: |
|
|
| Eastern |
8 |
9 |
| Western |
4 |
4 |
| Washington: |
|
|
| Eastern |
2 |
3 |
| Western |
5 |
6 |
| West Virginia: |
|
|
| Northern |
2 |
2 |
| Southern |
4 |
4 |
| Wisconsin: |
|
|
| Eastern |
4 |
4 |
| Western |
2 |
2 |
| Wyoming |
1 |
2 |
1983—Pub. L. 97–471 in item relating to West Virginia increased the number of judges for the Northern District from 1 to 2, increased the number of judges for the Southern District from 3 to 4, and struck out an item which had authorized a Northern and Southern District with 1 judge.
1978—Pub. L. 95–486 altered the number of permanent district judgeships in the named districts as follows:
| State | Former | New |
|---|
| Alabama: |
|
|
| Northern |
4 |
7 |
| Middle |
2 |
3 |
| Southern |
2 |
2 |
| Alaska |
2 |
2 |
| Arizona |
5 |
8 |
| Arkansas: |
|
|
| Eastern |
1 |
3 |
| Western |
1 |
1 |
| Eastern and Western |
2 |
2 |
| California: |
|
|
| Northern |
11 |
12 |
| Eastern |
3 |
6 |
| Central |
16 |
17 |
| Southern |
5 |
7 |
| Colorado |
4 |
6 |
| Connecticut |
4 |
5 |
| Delaware |
3 |
3 |
| District of Columbia |
15 |
15 |
| Florida: |
|
|
| Northern |
2 |
3 |
| Middle |
6 |
9 |
| Southern |
7 |
12 |
| Georgia: |
|
|
| Northern |
6 |
11 |
| Middle |
2 |
2 |
| Southern |
2 |
3 |
| Hawaii |
2 |
2 |
| Idaho |
2 |
2 |
| Illinois: |
|
|
| Northern |
13 |
16 |
| Central |
2 |
3 |
| Southern |
2 |
2 |
| Indiana: |
|
|
| Northern |
3 |
4 |
| Southern |
4 |
5 |
| Iowa: |
|
|
| Northern |
1 |
1 |
| Southern |
1 |
2 |
| Northern and Southern |
1 |
1 |
| Kansas |
4 |
5 |
| Kentucky: |
|
|
| Eastern |
2 |
4 |
| Western |
3 |
3 |
| Eastern and Western |
1 |
1 |
| Louisiana: |
|
|
| Eastern |
9 |
13 |
| Middle |
1 |
2 |
| Western |
4 |
5 |
| Maine |
1 |
2 |
| Maryland |
7 |
9 |
| Massachusetts |
6 |
10 |
| Michigan: |
|
|
| Eastern |
10 |
13 |
| Western |
2 |
4 |
| Minnesota |
4 |
5 |
| Mississippi: |
|
|
| Northern |
2 |
2 |
| Southern |
3 |
3 |
| Missouri: |
|
|
| Eastern |
3 |
4 |
| Western |
3 |
5 |
| Eastern and Western |
2 |
2 |
| Montana |
2 |
2 |
| Nebraska |
3 |
3 |
| Nevada |
2 |
3 |
| New Hampshire |
1 |
2 |
| New Jersey |
9 |
11 |
| New Mexico |
3 |
4 |
| New York: |
|
|
| Northern |
2 |
3 |
| Southern |
27 |
27 |
| Eastern |
9 |
10 |
| Western |
3 |
3 |
| North Carolina: |
|
|
| Eastern |
2 |
3 |
| Western |
2 |
3 |
| Middle |
2 |
3 |
| North Dakota |
2 |
2 |
| Ohio: |
|
|
| Northern |
8 |
9 |
| Southern |
5 |
6 |
| Oklahoma: |
|
|
| Northern |
1 |
2 |
| Eastern |
1 |
1 |
| Western |
2 |
3 |
| Northern, Eastern, and Western |
2 |
2 |
| Oregon |
3 |
5 |
| Pennsylvania: |
|
|
| Eastern |
19 |
19 |
| Middle |
3 |
5 |
| Western |
10 |
10 |
| Puerto Rico |
3 |
7 |
| Rhode Island |
2 |
2 |
| South Carolina |
5 |
8 |
| South Dakota |
2 |
3 |
| Tennessee: |
|
|
| Eastern |
3 |
3 |
| Middle |
2 |
3 |
| Western |
3 |
3 |
| Texas: |
|
|
| Northern |
6 |
9 |
| Southern |
8 |
13 |
| Eastern |
3 |
4 |
| Western |
5 |
6 |
| Utah |
2 |
3 |
| Vermont |
2 |
2 |
| Virginia: |
|
|
| Eastern |
6 |
8 |
| Western |
2 |
4 |
| Washington: |
|
|
| Eastern |
1 |
2 |
| Western |
3 |
5 |
| West Virginia: |
|
|
| Northern |
1 |
1 |
| Southern |
2 |
3 |
| Northern and Southern |
1 |
1 |
| Wisconsin: |
|
|
| Eastern |
3 |
4 |
| Western |
1 |
2 |
| Wyoming |
1 |
1 |
Pub. L. 95–408 substituted "Central" for "Southern" and "Southern" for "Eastern" in item relating to Illinois.
1971—Pub. L. 92–208 created a Middle District in the Louisiana listing with one judge and reduced from 10 to 9 the number of judges for the Eastern District of Louisiana.
1970—Pub. L. 91–272 altered the number of permanent district judgeships in the named districts as follows:
| State | Former | New |
|---|
| Alabama: |
|
|
| Northern |
3 |
4 |
| Middle |
1 |
2 |
| Southern |
1 |
2 |
| Middle and Southern |
1 |
0 |
| Arizona |
4 |
5 |
| California: |
|
|
| Northern |
9 |
11 |
| Central |
13 |
16 |
| Southern |
2 |
5 |
| Colorado |
3 |
4 |
| Florida: |
|
|
| Middle |
5 |
6 |
| Southern |
5 |
7 |
| Georgia: |
|
|
| Northern |
3 |
6 |
| Southern |
1 |
2 |
| Illinois: Northern |
11 |
13 |
| Kansas |
3 |
4 |
| Kentucky: |
|
|
| Eastern |
1 |
2 |
| Western |
2 |
3 |
| Louisiana: |
|
|
| Eastern |
8 |
10 |
| Western |
3 |
4 |
| Maryland |
5 |
7 |
| Michigan: Eastern |
8 |
10 |
| Missouri: Eastern |
2 |
3 |
| Nebraska |
2 |
3 |
| New Jersey |
8 |
9 |
| New Mexico |
2 |
3 |
| New York: |
|
|
| Southern |
24 |
27 |
| Eastern |
8 |
9 |
| Ohio: |
|
|
| Northern |
7 |
8 |
| Southern |
4 |
5 |
| Pennsylvania: |
|
|
| Eastern |
11 |
19 |
| Western |
8 |
10 |
| Puerto Rico |
2 |
3 |
| South Carolina |
4 |
5 |
| Tennessee: Western |
2 |
3 |
| Texas: |
|
|
| Northern |
5 |
6 |
| Southern |
7 |
8 |
| Eastern |
2 |
3 |
| Western |
4 |
5 |
| Virginia: Eastern |
5 |
6 |
| West Virginia: Southern |
1 |
2 |
| Wisconsin: Eastern |
2 |
3 |
1966—Pub. L. 89–372 altered the number of permanent district judgeships in the named districts as follows:
| State | Former | New |
|---|
| Alabama: Middle and Southern |
0 |
1 |
| Arizona |
3 |
4 |
| California: |
|
|
| Northern |
9 |
9 |
| Eastern |
0 |
3 |
| Central |
0 |
13 |
| Southern |
13 |
2 |
| Florida: |
|
|
| Northern |
1 |
2 |
| Middle |
3 |
5 |
| Southern |
3 |
5 |
| Northern, Middle, and Southern |
1 |
0 |
| Illinois: Northern |
10 |
11 |
| Indiana: Southern |
3 |
4 |
| Louisiana: Eastern |
4 |
8 |
| Maryland |
4 |
5 |
| Mississippi: |
|
|
| Northern |
1 |
2 |
| Southern |
2 |
3 |
| New York: Western |
2 |
3 |
| Ohio: |
|
|
| Northern |
6 |
7 |
| Southern |
3 |
4 |
| Rhode Island |
1 |
2 |
| Texas: |
|
|
| Southern |
5 |
7 |
| Western |
3 |
4 |
| Vermont |
1 |
2 |
| Virginia: Eastern |
3 |
5 |
1965—Pub. L. 89–242 changed the South Carolina listing by removing references to an Eastern and Western District, with 1 judge listed for the Eastern, 1 judge for the Western, and 2 judges for the Eastern and Western combined, and substituted therefor a single reference to a South Carolina District with 4 judges.
1962—Pub. L. 87–562 amended the Florida listing by adding the Middle District with its designation of 3 judges, substituted "Northern, Middle, and Southern" for "Northern and Southern", and reduced the number of judges in the Southern District from 6 to 3.
1961—Pub. L. 87–36 increased the number of permanent district judgeships in the named districts as follows:
| State | Former | New |
|---|
| Alabama: |
|
|
| Northern |
2 |
3 |
| Alaska |
1 |
2 |
| Arizona |
2 |
3 |
| Arkansas: |
|
|
| Eastern and Western |
1 |
2 |
| California: |
|
|
| Northern |
7 |
9 |
| Southern |
11 |
13 |
| Colorado |
2 |
3 |
| Connecticut |
2 |
4 |
| Florida: |
|
|
| Southern |
4 |
6 |
| Georgia: |
|
|
| Northern |
2 |
3 |
| Middle |
1 |
2 |
| Illinois: |
|
|
| Northern |
8 |
10 |
| Indiana: |
|
|
| Northern |
2 |
3 |
| Southern |
2 |
3 |
| Iowa: |
|
|
| Northern and Southern |
0 |
1 |
| Kansas |
2 |
3 |
| Louisiana: |
|
|
| Eastern |
2 |
4 |
| Western |
2 |
3 |
| Maryland |
2 |
4 |
| Massachusetts |
5 |
6 |
| Michigan: |
|
|
| Eastern |
6 |
8 |
| Mississippi: |
|
|
| Southern |
1 |
2 |
| Missouri: |
|
|
| Western |
2 |
3 |
| Nevada |
1 |
2 |
| New Jersey |
7 |
8 |
| New Mexico |
1 |
2 |
| New York: |
|
|
| Southern |
18 |
24 |
| Eastern |
6 |
8 |
| North Carolina: |
|
|
| Eastern |
1 |
2 |
| Western |
1 |
2 |
| Middle |
1 |
2 |
| Ohio: |
|
|
| Northern |
5 |
6 |
| Oklahoma: |
|
|
| Northern, Eastern, and Western |
1 |
2 |
| Pennsylvania: |
|
|
| Eastern |
8 |
11 |
| Middle |
2 |
3 |
| Western |
5 |
8 |
| Puerto Rico |
1 |
2 |
| South Carolina: |
|
|
| Eastern and Western |
1 |
2 |
| Tennessee: |
|
|
| Eastern |
2 |
3 |
| Middle |
1 |
2 |
| Western |
1 |
2 |
| Texas: |
|
|
| Northern |
3 |
5 |
| Southern |
4 |
5 |
| Western |
2 |
3 |
| Utah |
1 |
2 |
| Washington: |
|
|
| Western |
2 |
3 |
1959—Pub. L. 86–3 struck out provisions that restricted eligibility for appointment as district judges for the district of Hawaii to citizens of the Territory of Hawaii who have resided therein for at least three years.
1958—Pub. L. 85–508 inserted "Alaska ———— 1".
1957—Pub. L. 85–310 increased the number of permanent judgeships in the district of South Dakota from 1 to 2.
1954—Act Feb. 10, 1954, increased the number of permanent judgeships in the named districts as follows:
| State | Former | New |
|---|
| California: |
|
|
| Southern |
10 |
11 |
| Delaware |
2 |
3 |
| Florida: |
|
|
| Southern |
3 |
4 |
| Idaho |
1 |
2 |
| Indiana: |
|
|
| Northern |
1 |
2 |
| Southern |
1 |
2 |
| Kentucky: |
|
|
| Western |
1 |
2 |
| Massachusetts |
4 |
5 |
| Michigan: |
|
|
| Eastern |
5 |
6 |
| Western |
1 |
2 |
| Missouri: |
|
|
| Eastern and Western |
1 |
2 |
| New Jersey |
6 |
7 |
| New York: |
|
|
| Southern |
16 |
18 |
| North Dakota |
1 |
2 |
| Ohio: |
|
|
| Northern |
4 |
5 |
| Pennsylvania: |
|
|
| Eastern |
7 |
8 |
| Western |
4 |
5 |
| Texas: |
|
|
| Southern |
3 |
4 |
| Eastern |
1 |
2 |
| Virginia: |
|
|
| Eastern |
2 |
3 |
| West Virginia: |
|
|
| Northern and Southern |
0 |
1 |
| Wisconsin: |
|
|
| Eastern |
1 |
2 |
1950—Act Sept. 5, 1950, increased the number of permanent judgeships in the district of Delaware from 1 to 2.
Act Aug. 29, 1950, increased the number of permanent judgeships in the western district of Pennsylvania from 3 to 4.
Act Aug. 14, 1950, increased the number of permanent judgeships in the northern district of Illinois from 6 to 8.
1949—Act Aug. 3, 1949, increased the numbers of permanent judgeships in the named districts as follows:
| State | Former | New |
|---|
| California: |
|
|
| Northern |
5 |
7 |
| Southern |
8 |
10 |
| District of Columbia |
12 |
15 |
| Florida: |
|
|
| Northern and Southern |
0 |
1 |
| Georgia: |
|
|
| Northern |
1 |
2 |
| Kansas |
1 |
2 |
| New Jersey |
5 |
6 |
| New York: |
|
|
| Southern |
12 |
16 |
| Ohio: |
|
|
| Northern |
3 |
4 |
| Oklahoma: |
|
|
| Western |
1 |
2 |
| Oregon |
2 |
3 |
| Pennsylvania: |
|
|
| Eastern |
5 |
7 |
| Texas: |
|
|
| Southern |
2 |
3 |
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Pub. L. 107–273, div. A, title III, §312(a)(3), Nov. 2, 2002, 116 Stat. 1787, provided that: "This subsection [amending this section and enacting provisions set out as a note under this section] shall take effect on July 15, 2003."
Pub. L. 107–273, div. A, title III, §312(b)(3), Nov. 2, 2002, 116 Stat. 1788, provided that: "With respect to the central or southern district of Illinois, the northern district of New York, or the eastern district of Virginia, this subsection [amending this section and enacting provisions set out as a note under this section] shall take effect on the earlier of—
"(A) the date on which the first vacancy in the office of district judge occurs in such district; or
"(B) July 15, 2003."
Effective Date of 1978 Amendment; Waiver of Standards and Guidelines; Failure To Comply
Pub. L. 95–486, §7, Oct. 20, 1978, 92 Stat. 1633, provided that:
"(a) The first section and section 2 of this Act [amending this section and enacting provisions set out as notes under this section] shall take effect immediately upon the President's promulgation and publication of standards and guidelines for the selection, on the basis of merit, of nominees for United States district court judgeships authorized by this Act [amending this section, sections 44, 46, 1337, and 1445 of this title, and section 5108 of Title 5, Government Organization and Employees, enacting provisions set out as notes under this section and sections 41 and 44 of this title, and amending provisions set out as a note under section 45 of this title].
"(b) The President may waive such standards and guidelines with respect to any nomination by notifying the Senate of the reasons for such waiver.
"(c) Following the promulgation and publication of such standards and guidelines, no nomination or appointment to a United States district court judgeship may be invalidated on the basis of the President's failure to comply with this section or with any standards or guidelines promulgated under this section.
"(d) This Act, other than the first section and section 2 [amending this section and enacting provisions set out as notes under this section] shall take effect on the date of enactment of this Act [Oct. 20, 1978]."
Pub. L. 95–486, §11, Oct. 20, 1978, 92 Stat. 1634, provided that: "Notwithstanding any other provision of this Act the first section and section 2 [amending this section and enacting provisions set out as notes under this section] shall not take effect before November 1, 1978."
Effective Date of 1978 Amendment; Savings Provision
Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.
Effective Date of 1971 Amendment
Amendment by Pub. L. 92–208 effective 120 days after Dec. 18, 1971, see section 3(f) of Pub. L. 92–208, set out as a note under section 98 of this title.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89–242 effective on first day of month following Oct. 7, 1965, see section 6 of Pub. L. 89–242, set out as a note under section 121 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–562 effective 90 days after July 30, 1962, see section 5 of Pub. L. 87–562, set out as a note under section 89 of this title.
Effective Date of 1959 Amendment
Pub. L. 86–3, §9, Mar. 18, 1959, 73 Stat. 8, provided in part that the amendment of this section and section 134 of this title is effective on admission of the State of Hawaii into the Union. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. 74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. 16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.
Additional Judgeships
Pub. L. 109–115, div. A, title IV, §406, Nov. 30, 2005, 119 Stat. 2470, as amended by Pub. L. 113–6, div. F, title III, §1312(b), Mar. 26, 2013, 127 Stat. 418; Pub. L. 113–76, div. E, title III, §307(b), Jan. 17, 2014, 128 Stat. 203; Pub. L. 113–235, div. E, title III, §306(b), Dec. 16, 2014, 128 Stat. 2351; Pub. L. 114–113, div. E, title III, §306(b), Dec. 18, 2015, 129 Stat. 2443; Pub. L. 115–31, div. E, title III, §306(b), May 5, 2017, 131 Stat. 347; Pub. L. 115–141, div. E, title III, §306(b), Mar. 23, 2018, 132 Stat. 556; Pub. L. 116–6, div. D, title III, §306(b), Feb. 15, 2019, 133 Stat. 159; Pub. L. 116–93, div. C, title III, §306(b), Dec. 20, 2019, 133 Stat. 2454; Pub. L. 116–260, div. E, title III, §306(b), Dec. 27, 2020, 134 Stat. 1401; Pub. L. 117–103, div. E, title III, §306(b), Mar. 15, 2022, 136 Stat. 261; Pub. L. 117–328, div. E, title III, §306(b), Dec. 29, 2022, 136 Stat. 4672; Pub. L. 118–47, div. B, title III, §306(b), Mar. 23, 2024, 138 Stat. 542, provided that: "The existing judgeship for the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650, 104 Stat. 5089) [set out below] as amended by Public Law 105–53, as of the effective date of this Act [Nov. 30, 2005], shall be extended. The first vacancy in the office of district judge in this district occurring 31 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created by section 203(c) shall not be filled."
Pub. L. 107–273, div. A, title III, §312(a)(1), Nov. 2, 2002, 116 Stat. 1786, provided that: "The President shall appoint, by and with the advice and consent of the Senate—
"(A) 5 additional district judges for the southern district of California;
"(B) 1 additional district judge for the western district of North Carolina; and
"(C) 2 additional district judges for the western district of Texas."
Pub. L. 107–273, div. A, title III, §312(b)(1), Nov. 2, 2002, 116 Stat. 1787, provided that: "The existing district judgeships for the central district and the southern district of Illinois, the northern district of New York, and the eastern district of Virginia authorized by section 203(c)(3), (4), (9), and (12) of the Judicial Improvements Act of 1990 (Public Law 101–650, 28 U.S.C. 133 note [set out below]) shall be authorized under section 133 of title 28, United States Code, and the incumbents in such offices shall hold the offices under section 133 of title 28, United States Code (as amended by this section)."
Pub. L. 107–273, div. A, title III, §312(c), Nov. 2, 2002, 116 Stat. 1788, as amended by Pub. L. 113–6, div. F, title III, §1312(c), Mar. 26, 2013, 127 Stat. 418; Pub. L. 113–76, div. E, title III, §307(c), Jan. 17, 2014, 128 Stat. 203; Pub. L. 113–235, div. E, title III, §306(c), Dec. 16, 2014, 128 Stat. 2352; Pub. L. 114–113, div. E, title III, §306(c), Dec. 18, 2015, 129 Stat. 2443; Pub. L. 115–31, div. E, title III, §306(c), May 5, 2017, 131 Stat. 347; Pub. L. 115–141, div. E, title III, §306(c), Mar. 23, 2018, 132 Stat. 556; Pub. L. 116–6, div. D, title III, §306(c), Feb. 15, 2019, 133 Stat. 159; Pub. L. 116–93, div. C, title III, §306(c), Dec. 20, 2019, 133 Stat. 2454; Pub. L. 116–260, div. E, title III, §306(c), Dec. 27, 2020, 134 Stat. 1401; Pub. L. 117–103, div. E, title III, §306(c), Mar. 15, 2022, 136 Stat. 262; Pub. L. 117–328, div. E, title III, §306(c), Dec. 29, 2022, 136 Stat. 4672; Pub. L. 118–47, div. B, title III, §306(c), Mar. 23, 2024, 138 Stat. 542, provided that:
"(1) In general.—The President shall appoint, by and with the advice and consent of the Senate—
"(A) 1 additional district judge for the northern district of Alabama;
"(B) 1 additional judge for the district of Arizona;
"(C) 1 additional judge for the central district of California;
"(D) 1 additional judge for the southern district of Florida;
"(E) 1 additional district judge for the district of New Mexico;
"(F) 1 additional district judge for the western district of North Carolina; and
"(G) 1 additional district judge for the eastern district of Texas.
"(2) Vacancies not filled.—The first vacancy in the office of district judge in each of the offices of district judge authorized by this subsection, except in the case of the central district of California and the western district of North Carolina, occurring 22 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. The first vacancy in the office of district judge in the central district of California occurring 21 years and 6 months or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of North Carolina occurring 20 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled.
"(3) Effective date.—This subsection shall take effect on July 15, 2003."
Pub. L. 106–553, §1(a)(2) [title III, §305(a)], Dec. 21, 2000, 114 Stat. 2762, 2762A-84, provided that: "The President shall appoint, by and with the advice and consent of the Senate—
"(1) 1 additional district judge for the district of Arizona;
"(2) 1 additional district judge for the southern district of Florida;
"(3) 1 additional district judge for the eastern district of Kentucky;
"(4) 1 additional district judge for the district of Nevada;
"(5) 1 additional district judge for the district of New Mexico;
"(6) 1 additional district judge for the district of South Carolina;
"(7) 1 additional district judge for the southern district of Texas;
"(8) 1 additional district judge for the western district of Texas;
"(9) 1 additional district judge for the eastern district of Virginia; and
"(10) 1 additional district judge for the eastern district of Wisconsin."
Pub. L. 106–113, div. B, §1000(a)(1) [title III, §309(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A-37, provided that: "The President shall appoint, by and with the advice and consent of the Senate—
"(1) three additional district judges for the district of Arizona;
"(2) four additional district judges for the middle district of Florida; and
"(3) two additional district judges for the district of Nevada."
Pub. L. 101–650, title II, §203(a)–(c), Dec. 1, 1990, 104 Stat. 5099–5101, as amended by Pub. L. 104–60, §1, Nov. 28, 1995, 109 Stat. 635; Pub. L. 104–317, title III, §304, Oct. 19, 1996, 110 Stat. 3852; Pub. L. 105–53, §3, Oct. 6, 1997, 111 Stat. 1173; Pub. L. 107–273, div. A, title III, §312(d)(1), Nov. 2, 2002, 116 Stat. 1788; Pub. L. 109–289, div. B, title II, §21056, as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 55; Pub. L. 110–161, div. D, title III, §309, Dec. 26, 2007, 121 Stat. 1990; Pub. L. 111–8, div. D, title III, §309, Mar. 11, 2009, 123 Stat. 649; Pub. L. 111–117, div. C, title III, §307, Dec. 16, 2009, 123 Stat. 3177; Pub. L. 112–10, div. B, title V, §1530, Apr. 15, 2011, 125 Stat. 134; Pub. L. 112–74, div. C, title III, §306, Dec. 23, 2011, 125 Stat. 902; Pub. L. 113–6, div. F, title III, §1312(a), Mar. 26, 2013, 127 Stat. 418; Pub. L. 113–76, div. E, title III, §307(a), Jan. 17, 2014, 128 Stat. 203; Pub. L. 113–235, div. E, title III, §306(a), Dec. 16, 2014, 128 Stat. 2351; Pub. L. 114–113, div. E, title III, §306(a), Dec. 18, 2015, 129 Stat. 2443; Pub. L. 115–31, div. E, title III, §306(a), May 5, 2017, 131 Stat. 347; Pub. L. 115–141, div. E, title III, §306(a), Mar. 23, 2018, 132 Stat. 555; Pub. L. 116–6, div. D, title III, §306(a), Feb. 15, 2019, 133 Stat. 159; Pub. L. 116–93, div. C, title III, §306(a), Dec. 20, 2019, 133 Stat. 2454; Pub. L. 116–260, div. E, title III, §306(a), Dec. 27, 2020, 134 Stat. 1400; Pub. L. 117–103, div. E, title III, §306(a), Mar. 15, 2022, 136 Stat. 261; Pub. L. 117–328, div. E, title III, §306(a); Pub. L. 118–47, div. B, title III, §306(a), Mar. 23, 2024, 138 Stat. 542, Dec. 29, 2022, 136 Stat. 4671, provided that:
"(a) In General.—The President shall appoint, by and with the advice and consent of the Senate—
"(1) 1 additional district judge for the western district of Arkansas;
"(2) 2 additional district judges for the northern district of California;
"(3) 5 additional district judges for the central district of California;
"(4) 1 additional district judge for the southern district of California;
"(5) 2 additional district judges for the district of Connecticut;
"(6) 2 additional district judges for the middle district of Florida;
"(7) 1 additional district judge for the northern district of Florida;
"(8) 1 additional district judge for the southern district of Florida;
"(9) 1 additional district judge for the middle district of Georgia;
"(10) 1 additional district judge for the northern district of Illinois;
"(11) 1 additional district judge for the southern district of Iowa;
"(12) 1 additional district judge for the western district of Louisiana;
"(13) 1 additional district judge for the district of Maine;
"(14) 1 additional district judge for the district of Massachusetts;
"(15) 1 additional district judge for the southern district of Mississippi;
"(16) 1 additional district judge for the eastern district of Missouri;
"(17) 1 additional district judge for the district of New Hampshire;
"(18) 3 additional district judges for the district of New Jersey;
"(19) 1 additional district judge for the district of New Mexico;
"(20) 1 additional district judge for the southern district of New York;
"(21) 3 additional district judges for the eastern district of New York;
"(22) 1 additional district judge for the middle district of North Carolina;
"(23) 1 additional district judge for the southern district of Ohio;
"(24) 1 additional district judge for the northern district of Oklahoma;
"(25) 1 additional district judge for the western district of Oklahoma;
"(26) 1 additional district judge for the district of Oregon;
"(27) 3 additional district judges for the eastern district of Pennsylvania;
"(28) 1 additional district judge for the middle district of Pennsylvania;
"(29) 1 additional district judge for the district of South Carolina;
"(30) 1 additional district judge for the eastern district of Tennessee;
"(31) 1 additional district judge for the western district of Tennessee;
"(32) 1 additional district judge for the middle district of Tennessee;
"(33) 2 additional district judges for the northern district of Texas;
"(34) 1 additional district judge for the eastern district of Texas;
"(35) 5 additional district judges for the southern district of Texas;
"(36) 3 additional district judges for the western district of Texas;
"(37) 1 additional district judge for the district of Utah;
"(38) 1 additional district judge for the eastern district of Washington;
"(39) 1 additional district judge for the northern district of West Virginia;
"(40) 1 additional district judge for the southern district of West Virginia; and
"(41) 1 additional district judge for the district of Wyoming.
"(b) Existing Judgeships.—(1) The existing district judgeships for the western district of Arkansas, the northern district of Illinois, the northern district of Indiana, the district of Massachusetts, the western district of New York, the eastern district of North Carolina, the northern district of Ohio, and the western district of Washington authorized by section 202(b) of the Bankruptcy Amendments and Federal Judgeship Act of 1984 (Public Law 98–353, 98 Stat. 347–348) [set out below] shall, as of the effective date of this title [Dec. 1, 1990], be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this title.
"(2)(A) The existing 2 district judgeships for the eastern and western districts of Arkansas (provided by section 133 of title 28, United States Code, as in effect on the day before the effective date of this title) shall be district judgeships for the eastern district of Arkansas only, and the incumbents of such judgeships shall hold the offices under section 133 of title 28, United States Code, as amended by this title.
"(B) The existing district judgeship for the northern and southern districts of Iowa (provided by section 133 of title 28, United States Code, as in effect on the day before the effective date of this title) shall be a district judgeship for the northern district of Iowa only, and the incumbent of such judgeship shall hold the office under section 133 of title 28, United States Code, as amended by this title.
"(C) The existing district judgeship for the northern, eastern, and western districts of Oklahoma (provided by section 133 of title 28, United States Code, as in effect on the day before the effective date of this title) and the occupant of which has his or her official duty station at Oklahoma City on the date of the enactment of this title [Dec. 1, 1990], shall be a district judgeship for the western district of Oklahoma only, and the incumbent of such judgeship shall hold the office under section 133 of title 28, United States Code, as amended by this title.
"(c) Temporary Judgeships.—The President shall appoint, by and with the advice and consent of the Senate—
"(1) 1 additional district judge for the eastern district of California;
"(2) 1 additional district judge for the district of Hawaii;
"(3) 1 additional district judge for the central district of Illinois;
"(4) 1 additional district judge for the southern district of Illinois;
"(5) 1 additional district judge for the district of Kansas;
"(6) 1 additional district judge for the western district of Michigan;
"(7) 1 additional district judge for the eastern district of Missouri;
"(8) 1 additional district judge for the district of Nebraska;
"(9) 1 additional district judge for the northern district of New York;
"(10) 1 additional district judge for the northern district of Ohio;
"(11) 1 additional district judge for the eastern district of Pennsylvania; and
"(12) 1 additional district judge for the eastern district of Virginia.
Except with respect to the district of Kansas, the western district of Michigan, the eastern district of Pennsylvania, the district of Hawaii, and the northern district of Ohio, the first vacancy in the office of district judge in each of the judicial districts named in this subsection, occurring 10 years or more after the confirmation date of the judge named to fill the temporary judgeship created by this subsection, shall not be filled. The first vacancy in the office of district judge in the district of Kansas occurring 33 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created for such district under this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of Michigan, occurring after December 1, 1995, shall not be filled. The first vacancy in the office of district judge in the eastern district of Pennsylvania, occurring 5 years or more after the confirmation date of the judge named to fill the temporary judgeship created for such district under this subsection, shall not be filled. The first vacancy in the office of district judge in the northern district of Ohio occurring 19 years or more after the confirmation date of the judge named to fill the temporary judgeship created under this subsection shall not be filled. The first vacancy in the office of the district judge in the district of Hawaii occurring 30 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created under this subsection shall not be filled. For districts named in this subsection for which multiple judgeships are created by this Act, the last of those judgeships filled shall be the judgeships created under this section."
[Pub. L. 107–273, div. A, title III, §312(d)(2), Nov. 2, 2002, 116 Stat. 1788, provided that: "The amendments made by this subsection [amending section 203(c) of Pub. L. 101–650, set out above] shall take effect on the date of enactment of this Act [Nov. 2, 2002]."]
Pub. L. 98–353, title II, §202(a)–(d), July 10, 1984, 98 Stat. 347, 348, provided that:
"(a) Subject to the provisions of subsection (c), the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Alabama, one additional district judge for the district of Alaska, five additional district judges for the central district of California, one additional district judge for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the district of Delaware, three additional district judges for the southern district of Florida, one additional district judge for the middle district of Georgia, one additional district judge for the district of Hawaii, four additional district judges for the northern district of Illinois, one additional district judge for the southern district of Illinois, one additional district judge for the western district of Kentucky, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the district of Massachusetts, two additional district judges for the eastern district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Mississippi, two additional district judges for the southern district of Mississippi, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Montana, one additional district judge for the district of Nevada, three additional district judges for the district of New Jersey, one additional district judge for the northern district of New York, two additional district judges for the eastern district of New York, one additional district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the district of Rhode Island, one additional district judge for the eastern district of Tennessee, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, two additional district judges for the eastern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of Utah, one additional district judge for the eastern district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, and one additional district judge for the district of Wyoming.
"(b) Subject to the provisions of subsection (c) the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the western district of Arkansas, one additional district judge for the northern district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the district of Massachusetts, one additional district judge for the western district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the northern district of Ohio, and one additional district judge for the western district of Washington. The first vacancy in each of the offices of district judge authorized by this subsection, occurring five years or more after the effective date of this Act [probably means July 10, 1984], shall not be filled.
"(c) For the judgeships created in subsections (a) and (b), the President shall appoint, by and with the advice and consent of the Senate, no more than twenty-nine of such judges prior to January 21, 1985.
"(d) The existing district judgeship for the district of Minnesota and the existing district judgeship for the northern district of Ohio, heretofore authorized by section 2 of the Act of October 20, 1978 (Public Law 95–486, 92 Stat. 1631) [set out below], shall, as of the effective date of this Act [probably means July 10, 1984], be authorized under section 133 of title 28, United States Code, and the incumbents of those offices shall henceforth hold their offices under section 133, as amended by this Act."
Pub. L. 95–486, §1(a), Oct. 20, 1978, 92 Stat. 1629, provided that: "The President shall appoint, by and with the advice and consent of the Senate, three additional district judges for the northern district of Alabama, one additional district judge for the middle district of Alabama, three additional district judges for the district of Arizona, two additional district judges for the eastern district of Arkansas, one additional district judge for the northern district of California, three additional district judges for the eastern district of California, one additional district judge for the central district of California, two additional district judges for the southern district of California, two additional district judges for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the northern district of Florida, three additional district judges for the middle district of Florida, five additional district judges for the southern district of Florida, five additional district judges for the northern district of Georgia, one additional district judge for the southern district of Georgia, three additional district judges for the northern district of Illinois, one additional district judge for the central district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the southern district of Indiana, one additional district judge for the southern district of Iowa, one additional district judge for the district of Kansas, two additional district judges for the eastern district of Kentucky, four additional district judges for the eastern district of Louisiana, one additional district judge for the middle district of Louisiana, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maine, two additional district judges for the district of Maryland, four additional district judges for the district of Massachusetts, three additional district judges for the eastern district of Michigan, two additional district judges for the western district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the eastern district of Missouri, two additional district judges for the western district of Missouri, one additional district judge for the district of Nevada, one additional district judge for the district of New Hampshire, two additional district judges for the district of New Jersey, one additional district judge for the district of New Mexico, one additional district judge for the northern district of New York, one additional district judge for the eastern district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the middle district of North Carolina, one additional district judge for the western district of North Carolina, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the northern district of Oklahoma, two additional district judges for the district of Oregon, two additional district judges for the middle district of Pennsylvania, four additional district judges for the district of Puerto Rico, three additional district judges for the district of South Carolina, one additional district judge for the district of South Dakota, one additional district judge for the middle district of Tennessee, three additional district judges for the northern district of Texas, one additional district judge for the eastern district of Texas, five additional district judges for the southern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of Utah, two additional district judges for the eastern district of Virginia, two additional district judges for the western district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, one additional district judge for the southern district of West Virginia, one additional district judge for the eastern district of Wisconsin, and one additional district judge for the western district of Wisconsin."
Pub. L. 95–486, §2, Oct. 20, 1978, 92 Stat. 1632, provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the eastern district of Kentucky, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Ohio, and one additional district judge for the southern district of West Virginia. The first vacancy in the office of district judge in the judicial districts named in this section occurring five years or more after the effective date of this Act [Oct. 20, 1978] shall not be filled."
Pub. L. 91–272, §1(a), June 2, 1970, 84 Stat. 294, provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Alabama, one additional district judge for the middle district of Alabama, one additional district judge for the district of Arizona, two additional district judges for the northern district of California, three additional district judges for the central district of California, three additional district judges for the southern district of California, one additional district judge for the district of Colorado, one additional district judge for the middle district of Florida, two additional district judges for the southern district of Florida, three additional district judges for the northern district of Georgia, one additional district judge for the southern district of Georgia, two additional district judges for the northern district of Illinois, one additional district judge for the eastern district of Kentucky, one additional district judge for the western district of Kentucky, two additional district judges for the eastern district of Louisiana, one additional district judge for the western district of Louisiana, two additional district judges for the district of Maryland, two additional district judges for the eastern district of Michigan, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Nebraska, one additional district judge for the district of New Jersey, one additional district judge for the district of New Mexico, one additional district judge for the eastern district of New York, three additional district judges for the southern district of New York, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, six additional district judges for the eastern district of Pennsylvania, two additional district judges for the western district of Pennsylvania, one additional district judge for the district of Puerto Rico, one additional district judge for the district of South Carolina, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, one additional district judge for the eastern district of Texas, one additional district judge for the southern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the eastern district of Virginia, and one additional district judge for the southern district of West Virginia."
Pub. L. 89–372, §2(a), Mar. 18, 1966, 80 Stat. 75, provided that: The President shall appoint, by and with the advice and consent of the Senate, one district judge for the middle and southern districts of Alabama, one additional district judge for the district of Arizona, one additional district judge for the northern district of Florida, one additional district judge for the middle district of Florida, two additional district judges for the southern district of Florida, one additional district judge for the northern district of Illinois, one additional district judge for the southern district of Indiana, four additional district judges for the eastern district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the northern district of Mississippi, one additional district judge for the southern district of Mississippi, one additional district judge for the western district of New York, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, one additional district judge for the district of Rhode Island, two additional district judges for the southern district of Texas, one additional district judge for the western district of Texas, two additional district judges for the eastern district of Virginia, and one additional district judge for the district of Vermont."
Pub. L. 87–36, §2(a), May 19, 1961, 75 Stat. 80, provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Alabama, one additional district judge for the district of Alaska, one additional district judge for the district of Arizona, one additional district judge for the eastern and western districts of Arkansas, two additional district judges for the northern district of California, two additional district judges for the southern district of California, one additional district judge for the district of Colorado, two additional district judges for the district of Connecticut, two additional district judges for the southern district of Florida, one additional district judge for the northern district of Georgia, two additional district judges for the northern district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the southern district of Indiana, one additional district judge for the northern and southern districts of Iowa, one additional district judge for the district of Kansas, two additional district judges for the eastern district of Louisiana, one additional district judge for the western district of Louisiana, two additional district judges for the district of Maryland, one additional district judge for the district of Massachusetts, two additional district judges for the eastern district of Michigan, one additional district judge for the southern district of Mississippi, one additional district judge for the western district of Missouri, one additional district judge for the district of Nevada, one additional district judge for the district of New Jersey, two additional district judges for the eastern district of New York, six additional district judges for the southern district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the middle district of North Carolina, one additional district judge for the western district of North Carolina, one additional district judge for the northern district of Ohio, one additional district judge for the northern, eastern, and western districts of Oklahoma, three additional district judges for the eastern district of Pennsylvania, one additional district judge for the middle district of Pennsylvania, two additional district judges for the western district of Pennsylvania, one additional district judge for the district of Puerto Rico, one additional district judge for the eastern and western districts of South Carolina, one additional district judge for the eastern district of Tennessee, one additional district judge for the middle district of Tennessee, one additional district judge for the western district of Tennessee, two additional district judges for the northern district of Texas, one additional district judge for the southern district of Texas, one additional district judge for the western district of Texas and one additional district judge for the eastern and western districts of Washington."
Subsec. (a)(1) of act Feb. 10, 1954, ch. 6, §2, 68 Stat. 8, subsec. (a)(3) of which section amended the table in this section, provided for the appointment by the President, by and with the advice and consent of the Senate, of the additional judges for the districts for which additional permanent judgeships were provided in the amendment.
Alabama.—Pub. L. 91–272, §1(b), June 2, 1970, 84 Stat. 294, provided that: "The existing district judgeship for the middle and southern districts of Alabama, heretofore provided for by section 133 of title 28 of the United States Code, shall hereafter be a district judgeship for the southern district of Alabama only, and the present incumbent of such judgeship shall henceforth hold his office under such section 133, as amended by subsection (d) of this section."
California.—Pub. L. 89–372, §3(h), Mar. 18, 1966, 80 Stat. 77, provided that: "The President shall appoint, by and with the advice and consent of the Senate, three additional district judges for the central district of California, and two additional district judges for the northern district of California."
Delaware.—Act July 24, 1946, ch. 602, 60 Stat. 654, which authorized the appointment of an additional judge for the district of Delaware was repealed by act Sept. 5, 1950, ch. 848, §2, 64 Stat. 578, which by section 1 of act Sept. 5, 1950, made the additional judgeship permanent. However, section 2 of act Sept. 5, 1950 also provided that the repeal in no way affected the tenure of the present incumbent.
Florida.—Pub. L. 89–372, §2(b), Mar. 18, 1966, 80 Stat. 75, provided that: "The existing district judgeship for the northern, middle and southern districts of Florida heretofore provided for by section 133 of title 28, United States Code, shall hereafter be a district judgeship for the middle district of Florida only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act."
Georgia.—Act Mar. 29, 1949, ch. 37, 63 Stat. 16, which authorized the appointment of an additional judge for the middle district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Mar. 29, 1949, should henceforth hold his office under this section, as amended by Pub. L. 87–36, §2(d).
Kansas.—Pub. L. 89–372, §5(a), Mar. 18, 1966, 80 Stat. 78, which authorized the appointment of an additional district judge for the eastern district of Kansas and which provided that the first vacancy which occurred in the office of district judge in such district not be filled was repealed by section 1(c) of Pub. L. 91–272, June 2, 1970, 84 Stat. 294, which provided, in part, that such judgeship be a permanent judgeship and that the present incumbent henceforth hold his office under this section, as amended by section 1(d) of Pub. L. 91–272.
Missouri.—The additional judgeship for the eastern and western districts, which was authorized by act Dec. 24, 1942, ch. 827, 56 Stat. 1083, was made permanent by act Feb. 10, 1954, ch. 6, §2(a)(2), 68 Stat. 9, which by section 2(b)(10) of act Feb. 10, 1954 provided that the incumbent of the judgeship created by act Dec. 24, 1942, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, §2(a)(3).
Nevada.—Act Feb. 10, 1954, ch. 6, §2(b)(2), 68 Stat. 10, provided: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of Nevada. The first vacancy occurring in the office of district judge in said district shall not be filled."
New Jersey.—Pub. L. 91–272, §2(a), June 2, 1970, 84 Stat. 296, provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of New Jersey. The first vacancy occurring in the office of district judge in that district shall not be filled."
New Mexico.—Act Feb. 10, 1954, ch. 6, §2(b)(1), 68 Stat. 10, which authorized the appointment of an additional judge for the district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should henceforth hold his office under this section, as amended by Pub. L. 87–36, §2(d).
North Carolina.—Pub. L. 91–272, §2(c), June 2, 1970, 84 Stat. 296, provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the eastern district of North Carolina. The first vacancy occurring in the office of district judge in that district shall not be filled."
Ohio.—Act May 1, 1941, ch. 83, 55 Stat. 148, which provided for the appointment of an additional judge for the northern district was repealed by act Aug. 3, 1949, ch. 387, §2(e), 63 Stat. 495, which also provided that the incumbent of the judgeship created by act May 1, 1941, should henceforth hold his office under this section, as amended by act Aug. 3, 1949, §2(a).
Pub. L. 87–36, §2(e)(1), (2), May 19, 1961, 75 Stat. 83, provided that:
"(1) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled.
"(2) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled."
Oklahoma.—Act May 24, 1940, ch. 209, §2(a), 54 Stat. 219, providing for additional judgeships was amended by act Aug. 3, 1949, ch. 387, §2(b), 63 Stat. 495, to strike out "western district of Oklahoma", and to make the incumbent of the judgeship created by act May 24, 1940, henceforth hold his office under this section, as amended by act Aug. 3, 1949, §2(a).
Pennsylvania.—Pub. L. 91–272, §2(b), June 2, 1970, 84 Stat. 296, provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the middle district of Pennsylvania. The first vacancy occurring in the office of district judge in that district shall not be filled."
Pub. L. 89–372, §5(b), Mar. 18, 1966, 80 Stat. 78, as amended by Pub. L. 90–90, Sept. 23, 1967, 81 Stat. 228, which authorized the appointment of three additional district judges for the eastern district of Pennsylvania and which provided that the second, third, and fourth vacancies occurring after Mar. 18, 1966, in the office of district judge in such district not be filled was repealed by section 1(c) of Pub. L. 91–272, June 2, 1970, 84 Stat. 294, which provided, in part, that such judgeships be permanent judgeships and that the present incumbents henceforth hold their offices under this section, as amended by section 1(d) of Pub. L. 81–272.
Act Feb. 10, 1954, ch. 6, §2(b)(5), 68 Stat. 10, which authorized the appointment of an additional judge for the western district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should henceforth hold his office under this section, as amended by Pub. L. 87–36, §2(d).
Act July 24, 1946, ch. 600, §2, 60 Stat. 654, as amended by act Feb. 10, 1954, ch. 6, §6, 68 Stat. 14, provided: "The President is authorized to appoint, by and with the advice and consent of the Senate, one additional United States district judge, who shall be an additional district judge for the eastern, middle, and western districts of Pennsylvania. The judge so appointed shall at the time of his appointment be a resident and a citizen of the State of Pennsylvania: Provided, That when a vacancy occurs in said office it shall not be filled: Provided further, That unless the President shall submit a nomination to the Senate to fill the office hereby created within ninety days after the effective date of this Act [July 24, 1946], then in that event this Act shall be of no force and effect. If a vacancy arises in the office of district judge for the middle district of Pennsylvania while the judge appointed pursuant to this section is holding the office created by this section, such judge shall thereafter be a district judge for the middle district of Pennsylvania."
Act Aug. 3, 1949, ch. 387, §2(c), 63 Stat. 495, which provided for an additional temporary judgeship for the western district of Pennsylvania was repealed by act Aug. 29, 1950, ch. 848, §2, 64 Stat. 578, which by section 1 of act Aug. 29, 1950, made the additional judgeship permanent. However, section 2 of act Aug. 29, 1950 also provided that the repeal in no way affected the tenure of the present incumbent.
South Carolina.—Pub. L. 89–242, §1(b), Oct. 7, 1965, 79 Stat. 951, provided that: "The existing district judgeships for the Eastern District of South Carolina, the Western District of South Carolina, and the Eastern and Western Districts of South Carolina heretofore provided for by section 133 of title 28 of the United States Code [this section] shall hereafter be district judgeships for the District of South Carolina and the present incumbents of such judgeships shall henceforth hold their offices under section 133, as amended by this Act."
South Dakota.—Pub. L. 85–310, Sept. 7, 1957, 71 Stat. 631, provided: "The President is authorized to appoint, by and with the advice and consent of the Senate an additional district judge for the district of South Dakota as authorized by paragraph (3) of section 2(b) of the act of February 10, 1954 [set out as a note below]."
Act Feb. 10, 1954, ch. 6, §2(b)(3), 68 Stat. 10, as amended by Pub. L. 85–310, Sept. 7, 1957, 71 Stat. 631, provided: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of South Dakota."
Tennessee.—Act Feb. 10, 1954, ch. 6, §2(b)(4), 68 Stat. 10, provided: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the middle district of Tennessee. The first vacancy occurring in the office of district judge in said district shall not be filled."
Texas.—Act Aug. 3, 1949, ch. 387, §2(d), 63 Stat. 495, which authorized the appointment of an additional judge for the Southern district, was repealed by act Feb. 10, 1954, ch. 6, §2(b)(11), 68 Stat. 11, which by section 2(a)(2) of act Feb. 10, 1954, made the additional judgeship permanent. Section 2(b)(11) of act Feb. 10, 1954 also provided that the incumbent of the judgeship created by section 2(d) of act Aug. 3, 1949, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, §2(a)(3).
Utah.—Act Feb. 10, 1954, ch. 6, §2(b)(6), 68 Stat. 11, which authorized the appointment of an additional judge for the district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should hence forth hold his office under this section, as amended by Pub. L. 87–36, §2(d).
Virgin Islands.—Pub. L. 91–272, §3(a), June 2, 1970, 84 Stat. 296, provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional judge for the District Court of the Virgin Islands, who shall hold office for the term of eight years and until his successor is chosen and qualified, unless sooner removed by the President for cause."
Washington.—Pub. L. 95–486, §1(b), Oct. 20, 1978, 92 Stat. 1630, provided that: "The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by section 133 of title 28 of the United States Code, shall hereafter be a district judgeship for the western district of Washington only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act."
Pub. L. 87–36, §2(c), May 19, 1961, 75 Stat. 81, provided that: "The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by section 133 of title 28 of the United States Code, shall hereafter be a district judgeship for the western district of Washington only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act [Pub. L. 87–36]."
West Virginia.—Pub. L. 97–471, §2, Jan. 14, 1983, 96 Stat. 2601, provided that:
"(a) The existing district judgeship for the Southern District of West Virginia, authorized by section 2 of the Act entitled 'An Act to provide for the appointment of additional district and circuit judges and for other purposes', approved October 20, 1978 [Pub. L. 95–486] (92 Stat. 1632; 28 U.S.C. 133 note), shall, as of the date of enactment of this Act [Jan. 14, 1983], be authorized under section 133 of title 28 of the United States Code as a district judgeship for the Northern District of West Virginia, and the incumbent of that office shall henceforth hold office under section 133, as amended by this Act.
"(b) The existing district judgeship for the Northern and Southern Districts of West Virginia shall be authorized as the district judgeship for the Southern District."
The additional judgeship for the northern and southern districts, which was authorized by act June 22, 1936, ch. 695, 49 Stat. 1805, was made permanent by act Feb. 10, 1954, ch. 6, §2(a)(2), 68 Stat. 9, which by section 2(b)(12) of act Feb. 10, 1954, provided that the incumbent of the judgeship created by act June 22, 1936, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, §2(a)(3).
Wisconsin.—Pub. L. 89–372, §5(c), Mar. 18, 1966, 80 Stat. 78, which authorized the appointment of an additional district judge for the district of Wisconsin and which provided that the first vacancy occurring in the office of district judge in such district not be filled was repealed by section 1(c) of Pub. L. 91–272, June 2, 1970, 84 Stat. 294, which provided, in part, that such judgeship be a permanent judgeship and that the present incumbent henceforth hold his office under this section, as amended by section 1(d) of Pub. L. 91–272.
Nomination of Women and Blacks to Federal Judgeships
Pub. L. 95–486, §8, Oct. 20, 1978, 92 Stat. 1633, provided that: "The Congress—
"(1) takes notice of the fact that only 1 percent of Federal judges are women and only 4 percent are blacks; and
"(2) suggests that the President, in selecting individuals for nomination to the Federal judgeships created by this Act [for classification see Effective Date of 1978 Amendment note above], give due consideration to qualified individuals regardless of race, color, sex, religion, or national origin."
Residence of Additional Judge for Kansas
Act Aug. 3, 1949, ch. 387, §2(b)(2), 63 Stat. 495, provided that: "The judge first appointed for the district of Kansas under the authority contained in subsection (a) [amending this section] shall reside at Wichita."
Executive Documents
Executive Order No. 12084
Ex. Ord. No. 12084, Sept. 27, 1978, 43 F.R. 44815, as amended by Ex. Ord. No. 12097, Nov. 8, 1978, 43 F.R. 52455, which established the Judicial Nominating Commission for the District of Puerto Rico and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.
Executive Order No. 12097
Ex. Ord. No. 12097, Nov. 8, 1978, 43 F.R. 52455, which provided standards and guidelines for the selection of nominees for United States district court judgeships, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
§134. Tenure and residence of district judges
(a) The district judges shall hold office during good behavior.
(b) Each district judge, except in the District of Columbia, the Southern District of New York, and the Eastern District of New York, shall reside in the district or one of the districts for which he is appointed. Each district judge of the Southern District of New York and the Eastern District of New York may reside within 20 miles of the district to which he or she is appointed.
(c) If the public interest and the nature of the business of a district court require that a district judge should maintain his abode at or near a particular place for holding court in the district or within a particular part of the district the judicial council of the circuit may so declare and may make an appropriate order. If the district judges of such a district are unable to agree as to which of them shall maintain his abode at or near the place or within the area specified in such an order the judicial council of the circuit may decide which of them shall do so.
(June 25, 1948, ch. 646, 62 Stat. 896; Aug. 3, 1949, ch. 387, §2(b)(1), 63 Stat. 495; Feb. 10, 1954, ch. 6, §2(b)(13)(a), 68 Stat. 12; Pub. L. 86–3, §9(c), Mar. 18, 1959, 73 Stat. 8; Pub. L. 87–36, §2(e)(3), May 19, 1961, 75 Stat. 83; Pub. L. 89–571, §1, Sept. 12, 1966, 80 Stat. 764; Pub. L. 92–208, §3(e), Dec. 18, 1971, 85 Stat. 742; Pub. L. 104–317, title VI, §607, Oct. 19, 1996, 110 Stat. 3860.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §1 and section 863 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 12, 1900, ch. 191, §34, 31 Stat. 84; Mar. 3, 1911, ch. 231, §1, 36 Stat. 1087; Jan. 7, 1913; ch. 6, 37 Stat. 648; July 30, 1914, ch. 216, 38 Stat. 580; Mar. 2, 1917, ch. 145, §41, 39 Stat. 965; Mar. 4, 1921, ch. 161, §1, 41 Stat. 1412; Sept. 14, 1922, ch. 306, §1, 42 Stat. 837; Mar. 26, 1938, ch. 51, §2, 52 Stat. 118).
Section consolidates the last paragraph of section 1 of title 28, U.S.C., 1940 ed., with portions of section 863 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation.
Provisions of section 1 of title 28, U.S.C., 1940 ed., relating to the number of judges in the various districts are incorporated in section 133 of this title.
A portion of section 863 of title 48, U.S.C., 1940 ed., is retained in said title 48. For remainder of section 863, see Distribution Table.
The exception in subsection (b) "except in the District of Columbia" conforms with the recent decision in U.S. ex. rel. Laughlin v. Eicher, 1944, 56 F.Supp. 972, holding that residence requirement of section 1 of title 28, U.S.C., 1940 ed., did not apply to district judges in the District of Columbia. (See reviser's note under section 44 of this title.)
The clause in said last paragraph of section 1 of title 28 providing that any district judge, who violates the residence requirement, shall be deemed guilty of a high misdemeanor, was omitted. This penalty provision was attached to the residence requirement at the time of compilation of the Revised Statutes of 1878, although it is apparent that Congress only intended that the penalty should be invoked upon the unauthorized practice of law. See U.S. ex. rel. Laughlin v. Eicher, supra, in which an outline of the history of said section 1 of title 28 is given.
Editorial Notes
Amendments
1996—Subsec. (b). Pub. L. 104–317 inserted "the Southern District of New York, and the Eastern District of New York," after "the District of Columbia," and inserted "Each district judge of the Southern District of New York and the Eastern District of New York may reside within 20 miles of the district to which he or she is appointed." at end.
1971—Subsec. (c). Pub. L. 92–208 struck out provision requiring that one of the district judges for the Eastern District of Louisiana reside in East Baton Rouge Parish, Louisiana.
1966—Subsec. (a). Pub. L. 89–571 struck out provisions which excepted district judges in Puerto Rico from tenure during good behavior and which instead set eight-year terms for them to be served until their successors were appointed and qualified.
1961—Subsec. (c). Pub. L. 87–36 required the residence of one of the district judges for the Eastern District of Louisiana to be in East Baton Rouge Parish, Louisiana.
1959—Subsec. (a). Pub. L. 86–3 struck out provisions which limited district judges in Hawaii to a term of six years.
1954—Subsecs. (a) and (b) reenacted without change by act Feb. 10, 1954.
Subsec. (c). Act Feb. 10, 1954, substituted entirely new provisions giving the judicial council of the circuit the authority to determine residence of district judges when it is in the public interest and the nature of the business of the district court necessitates the presence of a judge at or near a particular place for holding court in the district or within a particular part of the district, for former provisions relating to residence of one of the district judges for the District of Kansas.
Subsecs. (d), (e). Act Feb. 10, 1954, struck out subsecs. (d) and (e) which related to residence of one of the district judges for the Southern District of California and one of the district judges for the Southern District of Texas.
1949—Subsecs. (c) to (e). Act Aug. 3, 1949, added subsecs. (c) to (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1971 Amendment
Amendment by Pub. L. 92–208 effective 120 days after Dec. 18, 1971, see section 3(f) of Pub. L. 92–208, set out as a note under section 98 of this title.
Effective Date of 1959 Amendment
Amendment by Pub. L. 86–3 effective on admission of Hawaii into the Union, see Effective Date of 1959 Amendment note set out under section 133 of this title. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
Tenure and Salary Rights of Judges in Puerto Rico in Office on September 12, 1966
Pub. L. 89–571, §4, Sept. 12, 1966, 80 Stat. 764, provided that: "The amendments made by this section to sections 134 and 373 of title 28, United States Code, shall not affect the tenure of office or right to continue to receive salary after resignation, retirement, or failure of reappointment of any district judge for the district of Puerto Rico who is in office on the date of enactment of this Act [Sept. 12, 1966]."
Applicability of Orders Under 1954 Amendment
Act Feb. 10, 1954, ch. 6, §2(b)(13)(b), 68 Stat. 12, provided: "Orders made by the judicial councils of the circuits under the second sentence of subsection (c) of section 134 of Title 28, as amended by this section, determining that a specified district judge shall maintain his abode at or near a place or within an area which the council has theretofore designated for the abode of a district judge under the first sentence of such subsection, shall be applicable only to district judges appointed after the enactment of this act [Feb. 10, 1954]."
§135. Salaries of district judges
Each judge of a district court of the United States shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title.
(June 25, 1948, ch. 646, 62 Stat. 897; Mar. 2, 1955, ch. 9, §1(c), 69 Stat. 10; Pub. L. 88–426, title IV, §403(c), Aug. 14, 1964, 78 Stat. 434; Pub. L. 94–82, title II, §205(b)(3), Aug. 9, 1975, 89 Stat. 422.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §5, and District of Columbia Code, 1940 ed., §11–302 (Mar. 3, 1911, ch. 231, §2, 36 Stat. 1087; Feb. 25, 1919, ch. 29, §1, 40 Stat. 1156; Dec. 13, 1926, ch. 6, 44 Stat. 919; May 17, 1932, ch. 190, 47 Stat. 158; July 31, 1946, ch. 704, §1, 60 Stat. 716).
Section consolidates section 5 of title 28, U.S.C., 1940 ed., and section 11–302 of the District of Columbia Code, 1940 ed.
"Chief judge," in the District of Columbia, was substituted for "Chief Justice" which appeared in section 11–302 of the District of Columbia Code. (See reviser's note under section 136 of this title.)
Words "to be paid in monthly installments" were omitted, since the time of payment is a matter of administrative convenience. See 20 Comp. Gen. 834.
The provision of section 5 of title 28, U.S.C., 1940 ed., for salaries of judges of the district court of Alaska was omitted as covered by section 101 of Title 48, U.S.C., 1940 ed., Territories and Insular Possessions, as amended by a separate section in the bill to enact this revised title. The provision of said section for salary of the Virgin Islands district judge was omitted as covered by section 5a of title 28, U.S.C., 1940 ed., as amended by a separate section in the bill to enact this revised title. Such section 5a is recommended for transfer to title 48, U.S.C., 1940 ed., because of the dual nature of the Virgin Islands district court.
For salary of the district judge of Canal Zone district court, see section 1348 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions.
Changes were made in phraseology.
Editorial Notes
References in Text
Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90–206, Dec. 16, 1967, 81 Stat. 642, which is classified to chapter 11 (§351 et seq.) of Title 2, The Congress.
Amendments
1975—Pub. L. 94–82 substituted provision that each judge of a district court shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provision that each such judge receive a salary of $30,000.
1964—Pub. L. 88–426 increased the salary of the district court judges from $22,500 to $30,000, and that of the chief judge of the District Court for the District of Columbia from $23,000 to $30,500.
1955—Act Mar. 2, 1955, increased the salaries of the district court judges from $15,000 to $22,500 a year and increased the salary of the chief judge of the District Court for the District of Columbia from $15,500 to $23,000 a year.
Statutory Notes and Related Subsidiaries
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under section 4501 of Title 2, The Congress.
Statutory Notes and Executive Documents
Salary Increases
For adjustment of salaries of district judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.
For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress.
For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees.
Salary of chief judge of District Court for District of Columbia increased from $10,500 to $15,500 a year, and salaries of all other district court judges increased from $10,000 to $15,000 a year by act July 31, 1946, ch. 704, §1, 60 Stat. 716.
Salary of chief judge of District Court of District of Columbia increased from $7,500 to $10,500 a year, and salaries of all other district court judges increased from $7,500 to $10,000 a year by act Dec. 13, 1926, ch. 6, §1, 44 Stat. 919.
Salaries of district court judges increased from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29, §1, 40 Stat. 1156.
Salaries of chief justice and associate justices of Supreme Court of District of Columbia, forerunner of District Court for District of Columbia, were set at $5,000 by act Mar. 3, 1901, ch. 854, §1, 30 Stat. 1199, and increased to $7,500 a year by act Feb. 25, 1919, ch. 29, §1, 40 Stat. 1156.
Salaries of district court judges set at $6,000 a year by Judicial Code of 1911, act Mar. 3, 1911, ch. 231, §1, 36 Stat. 1087.
§136. Chief judges; precedence of district judges
(a)(1) In any district having more than one district judge, the chief judge of the district shall be the district judge in regular active service who is senior in commission of those judges who—
(A) are sixty-four years of age or under;
(B) have served for one year or more as a district judge; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no district judge meets the qualifications of paragraph (1), the youngest district judge in regular active service who is sixty-five years of age or over and who has served as district judge for one year or more shall act as the chief judge.
(B) In any case under subparagraph (A) in which there is no district judge in regular active service who has served as a district judge for one year or more, the district judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge.
(3)(A) Except as provided in subparagraph (C), the chief judge of the district appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the district.
(B) Except as provided in subparagraph (C), a district judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1).
(C) No district judge may serve or act as chief judge of the district after attaining the age of seventy years unless no other district judge is qualified to serve as chief judge of the district under paragraph (1) or is qualified to act as chief judge under paragraph (2).
(b) The chief judge shall have precedence and preside at any session which he attends.
Other district judges shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.
(c) A judge whose commission extends over more than one district shall be junior to all district judges except in the district in which he resided at the time he entered upon the duties of his office.
(d) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as district judge, he may so certify to the Chief Justice of the United States, and thereafter, the chief judge of the district shall be such other district judge who is qualified to serve or act as chief judge under subsection (a).
(e) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the district judge in active service, present in the district and able and qualified to act, who is next in precedence.
(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 31, 1951, ch. 655, §37, 65 Stat. 723; Pub. L. 85–593, §2, Aug. 6, 1958, 72 Stat. 497; Pub. L. 97–164, title II, §202, Apr. 2, 1982, 96 Stat. 52.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §375 and District of Columbia Code, 1940 ed., §11–301 (Mar. 3, 1901, ch. 854, §§60, 61, 31 Stat. 1199; Mar. 3, 1911, ch. 231, §260, 36 Stat. 1161; Mar. 3, 1911, ch. 231, §289, 32 Stat. 1167; Feb. 25, 1919, ch. 29, §6, 40 Stat. 1157; Dec. 20, 1928, ch. 41, 45 Stat. 1056; Mar. 1, 1929, ch. 419, 45 Stat. 1422; June 19, 1930, ch. 537, 46 Stat. 785; May 31, 1938, ch. 290, §5, 52 Stat. 584).
Section consolidates portions of section 375 of title 28, U.S.C., 1940 ed., and section 11–301 of the District of Columbia Code, 1940 ed. The provisions of said section 375 relating to resignation and retirement of judges, and appointment of court officers, are incorporated in sections 294, 371, and 756 of this title. Other provisions of said section 11–301 of the District of Columbia Code are incorporated in section 133 of this title.
Subsection (a), providing for a "chief judge" is new. Such term replaces the terms "senior district judge," and "Chief Justice" of the District Court in the District of Columbia. It is employed in view of the great increase of administrative duties of such judge. The use of the term "chief judge" with respect to the District of Columbia will result in uniform nomenclature for all district courts. The district judges of that court have expressed approval of such designation.
The provision in said section 11–301 of the District of Columbia Code, 1940 ed., that the "Chief Justice" shall be appointed by the President, by and with the advice and consent of the Senate, was omitted for the purpose of establishing a uniform method of creating the position of chief judge in all districts. The District of Columbia is expressly made a judicial district by section 88 of this title.
Subsection (b) is new and conforms with similar provisions respecting associate justices of the Supreme Court and circuit judges in sections 4 and 45 of this title.
Subsection (c) is from the proviso in the second paragraph of section 375 of title 28, U.S.C., 1940 ed., which applied only in cases of appointment of court officers. Here it is made applicable to all district judges.
Subsections (d) and (e) are new, and conform with section 44 of this title relating to precedence of circuit judges.
The official status of the Chief Justice of the District Court for the District of Columbia holding office at the effective date of this act is preserved by section 2 of the bill to enact revised title 28.
Editorial Notes
Amendments
1982—Subsec. (a). Pub. L. 97–164, §202(a), designated existing first sentence of subsec. (a) as par. (1), substituted "In any district having more than one district judge, the chief judge of the district shall be the district judge in regular active service who is senior in commission of those judges who—(A) are sixty-four years of age or under; (B) have served for one year or more as a district judge; and (C) have not served previously as chief judge" for "In each district having more than one judge the district judge in regular active service who is senior in commission and under seventy years of age shall be the chief judge of the district court" in par. (1) as so designated, designated existing second sentence of subsec. (a) as par. (2)(A), substituted "In any case in which no district judge meets the qualifications of paragraph (1), the youngest district judge in regular active service who is sixty-five years of age or over and who has served as district judge for one year or more shall act as the chief judge" for "If all the district judges in regular active service are seventy years of age or older the youngest shall act as chief judge until a judge has been appointed and qualified who is under seventy years of age, but a judge may not act as chief judge until he has served as a district judge for one year" in par. (2)(A) as so designated, and added pars. (2)(B) and (3).
Subsec. (d). Pub. L. 97–164, §202(b), substituted "and thereafter, the chief judge of the district shall be such other district judge who is qualified to serve or act as chief judge under subsection (a)" for "and thereafter the district judge in active service next in precedence and willing to serve shall be designated by the Chief Justice as the chief judge of the district court".
1958—Subsec. (a). Pub. L. 85–593 provided that chief judges of district courts cease to serve as such upon reaching the age of seventy, that the youngest district judge act as chief judge where all district judges in regular active service are seventy years or older until a judge under seventy has been appointed and qualified, and that district judge must have served one year before acting as chief judge.
1951—Subsec. (a). Act Oct. 31, 1951, inserted "in active service who is".
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–593 effective at expiration of one year from Aug. 6, 1958, see section 3 of Pub. L. 85–593, as amended, set out as a note under section 45 of this title.
Savings Provision
Amendment by Pub. L. 97–164 not to apply or affect any person serving as chief judge on the effective date of Pub. L. 97–164 [Oct. 1, 1982], and the provisions of subsec. (a) of this section as in effect on the day before the effective date of part A of title II of Pub. L. 97–164 [Oct. 1, 1982] applicable to the chief judge of a district court serving on such effective date, see section 203 of Pub. L. 97–164, set out as a note under section 45 of this title.
§137. Division of business among district judges
(a) In General.—The business of a court having more than one judge shall be divided among the judges as provided by the rules and orders of the court.
The chief judge of the district court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe.
If the district judges in any district are unable to agree upon the adoption of rules or orders for that purpose the judicial council of the circuit shall make the necessary orders.
(b) Random Assignment of Rate Court Proceedings.—
(1) In general.—
(A) Definition.—In this paragraph, the term "performing rights society" has the meaning given the term in section 101 of title 17.
(B) Determination of license fee.—Except as provided in subparagraph (C), in the case of any performing rights society subject to a consent decree, any application for the determination of a license fee for the public performance of music in accordance with the applicable consent decree shall be made in the district court with jurisdiction over that consent decree and randomly assigned to a judge of that district court according to the rules of that court for the division of business among district judges, provided that any such application shall not be assigned to—
(i) a judge to whom continuing jurisdiction over any performing rights society for any performing rights society consent decree is assigned or has previously been assigned; or
(ii) a judge to whom another proceeding concerning an application for the determination of a reasonable license fee is assigned at the time of the filing of the application.
(C) Exception.—Subparagraph (B) does not apply to an application to determine reasonable license fees made by individual proprietors under section 513 of title 17.
(2) Rule of construction.—Nothing in paragraph (1) shall modify the rights of any party to a consent decree or to a proceeding to determine reasonable license fees, to make an application for the construction of any provision of the applicable consent decree. Such application shall be referred to the judge to whom continuing jurisdiction over the applicable consent decree is currently assigned. If any such application is made in connection with a rate proceeding, such rate proceeding shall be stayed until the final determination of the construction application. Disputes in connection with a rate proceeding about whether a licensee is similarly situated to another licensee shall not be subject to referral to the judge with continuing jurisdiction over the applicable consent decree.
(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 115–264, title I, §104, Oct. 11, 2018, 132 Stat. 3726.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §27 (Mar. 3, 1911, ch. 231, §23, 36 Stat. 1090).
Section was rewritten and the practice simplified. It provided for division of business and assignment of cases by agreement of judges and, in case of inability to agree, that the senior circuit judge of the circuit should make necessary orders.
The revised section is consistent with section 332 of this title, that the last paragraph of which requires the judicial council to make all necessary orders for the effective and expeditious administration of the business of the courts within the circuit.
Editorial Notes
Amendments
2018—Pub. L. 115–264 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Pilot Program in Certain District Courts
Pub. L. 111–349, Jan. 4, 2011, §1, 124 Stat. 3674, provided that:
"(a) Establishment.—
"(1) In general.—There is established a program, in each of the United States district courts designated under subsection (b), under which—
"(A) those district judges of that district court who request to hear cases under which 1 or more issues arising under any Act of Congress relating to patents or plant variety protection are required to be decided, are designated by the chief judge of the court to hear those cases;
"(B) cases described in subparagraph (A) are randomly assigned to the judges of the district court, regardless of whether the judges are designated under subparagraph (A);
"(C) a judge not designated under subparagraph (A) to whom a case is assigned under subparagraph (B) may decline to accept the case; and
"(D) a case declined under subparagraph (C) is randomly reassigned to 1 of those judges of the court designated under subparagraph (A).
"(2) Senior judges.—Senior judges of a district court may be designated under paragraph (1)(A) if at least 1 judge of the court in regular active service is also so designated.
"(3) Right to transfer cases preserved.—This section shall not be construed to limit the ability of a judge to request the reassignment of or otherwise transfer a case to which the judge is assigned under this section, in accordance with otherwise applicable rules of the court.
"(b) Designation.—
"(1) In general.—Not later than 6 months after the date of the enactment of this Act [Jan. 4, 2011], the Director of the Administrative Office of the United States Courts shall designate not less than 6 United States district courts, in at least 3 different judicial circuits, in which the program established under subsection (a) will be carried out.
"(2) Criteria for designations.—
"(A) In general.—The Director shall make designations under paragraph (1) from—
"(i) the 15 district courts in which the largest number of patent and plant variety protection cases were filed in the most recent calendar year that has ended; or
"(ii) the district courts that have adopted, or certified to the Director the intention to adopt, local rules for patent and plant variety protection cases.
"(B) Selection of courts.—From amongst the district courts that satisfy the criteria for designation under this subsection, the Director shall select—
"(i) 3 district courts that each have at least 10 district judges authorized to be appointed by the President, whether under section 133(a) of title 28, United States Code, or on a temporary basis under any other provision of law, and at least 3 judges of the court have made the request under subsection (a)(1)(A); and
"(ii) 3 district courts that each have fewer than 10 district judges authorized to be appointed by the President, whether under section 133(a) of title 28, United States Code, or on a temporary basis under any other provision of law, and at least 2 judges of the court have made the request under subsection (a)(1)(A).
"(c) Duration.—The program established under subsection (a) shall terminate 10 years after the end of the 6-month period described in subsection (b).
"(d) Applicability.—The program established under subsection (a) shall apply in a district court designated under subsection (b) only to cases commenced on or after the date of such designation.
"(e) Reports to Congress.—
"(1) In general.—At the times specified in paragraph (2), the Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the pilot program established under subsection (a). The report shall include—
"(A) an analysis of the extent to which the program has succeeded in developing expertise in patent and plant variety protection cases among the district judges of the district courts so designated;
"(B) an analysis of the extent to which the program has improved the efficiency of the courts involved by reason of such expertise;
"(C) with respect to patent cases handled by the judges designated pursuant to subsection (a)(1)(A) and judges not so designated, a comparison between the 2 groups of judges with respect to—
"(i) the rate of reversal by the Court of Appeals for the Federal Circuit, of such cases on the issues of claim construction and substantive patent law; and
"(ii) the period of time elapsed from the date on which a case is filed to the date on which trial begins or summary judgment is entered;
"(D) a discussion of any evidence indicating that litigants select certain of the judicial districts designated under subsection (b) in an attempt to ensure a given outcome; and
"(E) an analysis of whether the pilot program should be extended to other district courts, or should be made permanent and apply to all district courts.
"(2) Timetable for reports.—The times referred to in paragraph (1) are—
"(A) not later than the date that is 5 years and 3 months after the end of the 6-month period described in subsection (b); and
"(B) not later than 5 years after the date described in subparagraph (A).
"(3) Periodic reports.—The Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall keep the committees referred to in paragraph (1) informed, on a periodic basis while the pilot program is in effect, with respect to the matters referred to in subparagraphs (A) through (E) of paragraph (1)."
§138. Terms abolished
The district court shall not hold formal terms.
(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88–139, §1, Oct. 16, 1963, 77 Stat. 248.)
Historical and Revision Notes
This section was substituted for a number of special provisions fixing stated times for holding terms of court in the several districts, in order to vest in the courts wider discretion and promote greater efficiency in the administration of the business of such courts.
Editorial Notes
Amendments
1963—Pub. L. 88–139 substituted "The district court shall not hold formal terms" for "The times for holding regular terms of court at the places fixed by this chapter shall be determined by rule of the district court" in text, and "Terms abolished" for "Times for holding regular terms" in section catchline.
§139. Times for holding regular sessions
The times for commencing regular sessions of the district court for transacting judicial business at the places fixed by this chapter shall be determined by the rules or orders of the court. Such rules or orders may provide that at one or more of such places the court shall be in continuous session for such purposes on all business days throughout the year. At other places a session of the court shall continue for such purposes until terminated by order of final adjournment or by commencement of the next regular session at the same place.
(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88–139, §1, Oct. 16, 1963, 77 Stat. 248.)
Historical and Revision Notes
The purpose of this section is to remove all doubt as to whether the mere beginning of a new term at one place ends a prior term begun at another place. As revised, it conforms to a uniform course of judicial decisions. See U.S. v. Perlstein, 39 F.Supp. 965, 968 (D.C.N.J. 1941), and cases cited.
Editorial Notes
Amendments
1963—Pub. L. 88–139 substituted provisions requiring the times for commencing regular sessions of the district court to be determined by the rules or orders of the court, authorizing such rules or orders to provide that at one or more of the places fixed by this chapter, the court shall be in continuous session on all business days throughout the year, and that at other places, a session continues until terminated by order of final adjournment or by commencement of the next regular session at the same place, for provisions that a term continues until terminated by order of final adjournment or by commencement of the next term at the same place, in the text, and "Times for holding regular sessions" for "Term continued until terminated" in section catchline.
§140. Adjournment
(a) Any district court may, by order made anywhere within its district, adjourn or, with the consent of the judicial council of the circuit, pretermit any regular session of court for insufficient business or other good cause.
(b) If the judge of a district court is unable to attend and unable to make an order of adjournment, the clerk may adjourn the court to the next regular session or to any earlier day which he may determine.
(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88–139, §1, Oct. 16, 1963, 77 Stat. 248.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§16, 146, 182 (Mar. 3, 1911, ch. 231, §§12, 73, 101, 36 Stat. 1088, 1108, 1122; June 12, 1916, ch. 143, 39 Stat. 225; Feb. 20, 1917, ch. 102, 39 Stat. 927; June 13, 1918, ch. 98, 40 Stat. 604; Feb. 26, 1919, ch. 54, 40 Stat. 1184; May 29, 1924, ch. 209, 43 Stat. 243; June 5, 1924, ch. 259, 43 Stat. 387; Jan. 10, 1925, chs. 68, 69, 43 Stat. 730, 731; Feb. 16, 1925, ch. 233, §1, 43 Stat. 945; May 7, 1926, ch. 255, 44 Stat. 408; Apr. 21, 1928, ch. 395, 45 Stat. 440; Mar. 2, 1929, ch. 539, 45 Stat. 1518; June 28, 1930, ch. 714, 46 Stat. 829; May 13, 1936, ch. 386, 49 Stat. 1271; Aug. 12, 1937, ch. 595, 50 Stat. 625).
Section consolidates section 16 with the third sentence of section 146, and the final proviso in the third paragraph of section 182, all of title 28, U.S.C., 1940 ed.
Said section 16 of title 28 provided for adjournment by the marshal, or clerk, on written order of the judge, in case of inability of the district judge to attend at the commencement of any regular, adjourned or special term, or any time during such term. Said sections 146 and 182 thereof, related to the district courts of Colorado and Oklahoma, only, and contained special provisions for adjournment. Subsection (b) omits the requirement of written order where the judge is unable to make such order.
The revised section broadens these provisions, and vests discretionary power in the court, by order made anywhere within the district, to adjourn any term of court "for insufficient business or other good cause." To establish uniformity, the special provisions relating to Colorado and Oklahoma were omitted.
Other provisions of said sections 146 and 182 of title 28, U.S.C., 1940 ed., are incorporated in sections 85 and 116 of this title.
The provision of subsection (a) authorizing the district court, with the consent of the judicial council of the circuit, to pretermit any term of court for insufficient business or other good cause, is inserted to obviate the expense and inconvenience of convening and adjourning a term for which no need exists.
Editorial Notes
Amendments
1963—Subsecs. (a), (b). Pub. L. 88–139 substituted "session" for "term".
§141. Special sessions; places; notice
(a)(1) Special sessions of the district court may be held at such places in the district as the nature of the business may require, and upon such notice as the court orders.
(2) Any business may be transacted at a special session which might be transacted at a regular session.
(b)(1) Special sessions of the district court may be held at such places within the United States outside the district as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the district court) or the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where such special sessions could be held.
(2) Pursuant to this subsection, any business which may be transacted at a regular session of a district court may be transacted at a special session conducted outside the district, except that a criminal trial may not be conducted at a special session outside the State in which the crime has been committed unless the defendant consents to such a criminal trial.
(3) Notwithstanding any other provision of law, in any case in which special sessions are conducted pursuant to this section, the district court may summon jurors—
(A) in civil proceedings, from any part of the district in which the court ordinarily conducts business or the district in which it is holding a special session; and
(B) in criminal trials, from any part of the district in which the crime has been committed and, if the defendant so consents, from any district in which the court is conducting business pursuant to this section.
(4) If a district court issues an order exercising its authority under paragraph (1), the court—
(A) through the Administrative Office of the United States Courts, shall—
(i) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and
(ii) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including—
(I) the reasons for the issuance of such order;
(II) the duration of such order;
(III) the impact of such order on litigants; and
(IV) the costs to the judiciary resulting from such order; and
(B) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.
(5) If a district court issues an order exercising its authority under paragraph (1), the court shall direct the United States marshal of the district where the court is meeting to furnish transportation and subsistence to the same extent as that provided in sections 4282 and 4285 of title 18.
(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88–139, §1, Oct. 16, 1963, 77 Stat. 248; Pub. L. 109–63, §2(b), Sept. 9, 2005, 119 Stat. 1994; Pub. L. 109–162, title XI, §1198(a), Jan. 5, 2006, 119 Stat. 3132.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §15 (Mar. 3, 1911, ch. 231, §11, 36 Stat. 1089).
Section was rewritten to include provision that notice of special terms should conform to rules approved by the judicial council of the circuit, thus insuring a uniform practice among the courts for convening special terms.
Changes of phraseology were made.
Editorial Notes
Amendments
2006—Subsec. (b)(5). Pub. L. 109–162 added par. (5).
2005—Pub. L. 109–63 designated first and second undesignated pars. as pars. (1) and (2), respectively, of subsec. (a) and added subsec. (b).
1963—Pub. L. 88–139 substituted "sessions" for "terms" and "session" for "term" wherever appearing in text and section catchline, and struck out "pursuant to rules approved by the judicial council of the circuit" after "court orders" in text.
Section, acts June 25, 1948, ch. 646, 62 Stat. 898; Oct. 9, 1962, Pub. L. 87–764, 76 Stat. 762; Nov. 19, 1977, Pub. L. 95–196, 91 Stat. 1420, related to the providing of accommodations at places for holding court. See section 462 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
Waiver of Limitations and Restrictions
The limitations and restrictions contained in this section prior to its repeal were waived with respect to the holding of court at certain places by the following Acts:
Pub. L. 87–833, Oct. 15, 1962, 76 Stat. 959, related to Akron, Ohio.
Pub. L. 87–699, Sept. 25, 1962, 76 Stat. 598, related to Richland, Washington.
Pub. L. 87–562, §4, July 30, 1962, 76 Stat. 248, related to Fort Myers, Saint Petersburg, Fort Pierce, and West Palm Beach, Florida.
Pub. L. 87–560, July 27, 1962, 76 Stat. 247, related to Marshall, Texas.
Pub. L. 87–559, July 27, 1962, 76 Stat. 246, related to Decatur, Alabama.
Pub. L. 87–553, July 27, 1962, 76 Stat. 222, related to Winchester, Tennessee.
Pub. L. 87–551, July 27, 1962, 76 Stat. 221, related to Bridgeport, Connecticut.
Pub. L. 87–337, Oct. 3, 1961, 75 Stat. 750, related to Lafayette, Louisiana.
Pub. L. 87–36, §3(g), May 19, 1961, 75 Stat. 83, related to Kalamazoo, Michigan; Fayetteville, North Carolina; and Dyersburg, Tennessee.
Pub. L. 86–366, Sept. 22, 1959, 73 Stat. 647, related to Durant, Oklahoma.
Act July 20, 1956, ch. 657, 70 Stat. 594, related to Bryson City, North Carolina.
Act Sept. 23, 1950, ch. 1006, 64 Stat. 982, related to Klamath Falls, Oregon.
Act Aug. 21, 1950, ch. 767, 64 Stat. 469, related to Newnan, Georgia.
Act Aug. 10, 1950, ch. 675, §2, 64 Stat. 438, related to Rock Island, Illinois.
Act Oct. 26, 1949, ch. 744, 63 Stat. 923, related to Thomasville, Georgia.
Act Oct. 26, 1949, ch. 740, 63 Stat. 921, related to Brunswick, Georgia.
§143. Vacant judgeship as affecting proceedings
When the office of a district judge becomes vacant, all pending process, pleadings and proceedings shall, when necessary, be continued by the clerk until a judge is appointed or designated to hold such court.
(June 25, 1948, ch. 646, 62 Stat. 898.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §26 (Mar. 3, 1911, ch. 231, §22, 36 Stat. 1090).
The last clause of section 26 of title 28, U.S.C., 1940, ed., prescribing the powers of a designated judge was omitted as covered by section 296 of this title.
Minor changes were made in phraseology.
§144. Bias or prejudice of judge
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.
(June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, §65, 63 Stat. 99.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §25 (Mar. 3, 1911, ch. 231, §21, 36 Stat. 1090).
The provision that the same procedure shall be had when the presiding judge disqualifies himself was omitted as unnecessary. (See section 291 et seq. and section 455 of this title.)
Words, "at which the proceeding is to be heard," were added to clarify the meaning of words, "before the beginning of the term." (See U.S. v. Costea, D.C.Mich. 1943, 52 F.Supp. 3.)
Changes were made in phraseology and arrangement.
1949 Act
This amendment clarifies the intent in section 144 of title 28, U.S.C., to conform to the law as it existed at the time of the enactment of the revision limiting the filing of affidavits of prejudice to one such affidavit in any case.
Editorial Notes
Amendments
1949—Act May. 24, 1949, substituted "in any case" for "as to any judge" in second sentence of second par.
Statutory Notes and Related Subsidiaries
Abolition of Terms
For abolition of formal terms of the court and replacement by sessions, see sections 138 and 139 of this title.
CHAPTER 6—BANKRUPTCY JUDGES
151.
Designation of bankruptcy courts.
152.
Appointment of bankruptcy judges.
153.
Salaries; character of service.
154.
Division of business; chief judge.
1
155.
Temporary transfer of bankruptcy judges.
159.
Bankruptcy statistics.
Editorial Notes
Amendments
2005—Pub. L. 109–8, title VI, §601(b), Apr. 20, 2005, 119 Stat. 120, added item 159.
Prior Provisions
A prior chapter 6, consisting of sections 151 to 160, which was added by Pub. L. 95–598, title II, §201(a), Nov. 6, 1978, 92 Stat. 2657, as amended by Pub. L. 97–164, title I, §110(d), Apr. 2, 1982, 96 Stat. 29, and which related to bankruptcy courts, did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Statutory Notes and Related Subsidiaries
Courts During Transition
Pub. L. 95–598, title IV, §404, Nov. 6, 1978, 92 Stat. 2683, as amended by Pub. L. 98–249, §1(b), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98–271, §1(b), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98–299, §1(b), May 25, 1984, 98 Stat. 214; Pub. L. 98–325, §1(b), June 20, 1984, 98 Stat. 268; Pub. L. 98–353, title I, §121(b), July 10, 1984, 98 Stat. 345, which provided that, for purposes of Pub. L. 95–598, which enacted Title 11, Bankruptcy, and the amendments made by Pub. L. 95–598, the courts of bankruptcy as defined under section 1(10) of former Title 11, created under section 11(a) of former Title 11, and existing on Sept. 30, 1979, continue to be courts of bankruptcy during the transition period beginning Oct. 1, 1979, and ending July 9, 1984, made provision for extension of the term of office of referees in bankruptcy serving on Nov. 6, 1978, and for such a referee to have the title of United States bankruptcy judge, established for each State a merit screening committee to pass on qualifications of such a referee and determine if the term of such a referee should be extended, and set forth the rules and provisions applicable to United States bankruptcy judges during the transition period, was repealed by Pub. L. 98–353, title I, §§114, 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984.
Transition Study
Pub. L. 95–598, title IV, §406, Nov. 6, 1978, 92 Stat. 2686, as amended by Pub. L. 98–249, §1(c), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98–271, §1(c), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98–299, §1(c), May 25, 1984, 98 Stat. 214; Pub. L. 98–325, §1(c), June 20, 1984, 98 Stat. 268; Pub. L. 98–353, title I, §121(c), July 10, 1984, 98 Stat. 346, which provided that during the transition period, Oct. 1, 1979, to July 9, 1984, the Director of the Administrative Office of the United States Courts make continuing studies and surveys in the judicial districts to determine the number of bankruptcy judges needed after July 9, 1984, to provide for the expeditious and effective administration of justice, their regular places of offices, and the places where the court was to be held, and that the Director report to the judicial councils of the circuits and the Judicial Conference of the United States his recommendations, the judicial councils advise the Conference of their recommendations, and the Conference recommend to the Congress and the President, before Jan. 3, 1983, the number of bankruptcy judges needed after July 9, 1984, and the locations at which they were to serve, was repealed by Pub. L. 98–353, title I, §§114, 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984.
Judicial Administration During Transition
Pub. L. 95–598, title IV, §407, Nov. 6, 1978, 92 Stat. 2686, which provided that the Director of the Administrative Office of the United States Courts appoint a committee of not fewer than seven United States bankruptcy judges to advise the Director with respect to matters arising during the transition period or that are relevant to the purposes of the transition period, and directed that during the transition period, the chief judge of each circuit summon at least one bankruptcy judge from each judicial district within the circuit to the judicial conference of such circuit called and held under section 332 of this title, was repealed by Pub. L. 98–353, title I, §§114, 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984.
Extension and Termination of Term of Office of Bankruptcy Judge Serving on June 27, 1984
Pub. L. 98–353, title I, §121(e), July 10, 1984, 98 Stat. 346, provided that: "The term of office of any bankruptcy judge who was serving on June 27, 1984, is extended to and shall expire at the end of the day of enactment of this Act [July 10, 1984]."
[Section 121(e) of Pub. L. 98–353 effective June 27, 1984, see section 122(c) of Pub. L. 98–353, set out as an Effective Date note under section 151 of this title.]
For prior extensions of the term of office of bankruptcy judges see:
Pub. L. 98–325, §2, June 20, 1984, 98 Stat. 268.
Pub. L. 98–299, §2, May 25, 1984, 98 Stat. 214.
Pub. L. 98–271, §2, Apr. 30, 1984, 98 Stat. 163.
Pub. L. 98–249, §2, Mar. 31, 1984, 98 Stat. 116.
§151. Designation of bankruptcy courts
In each judicial district, the bankruptcy judges in regular active service shall constitute a unit of the district court to be known as the bankruptcy court for that district. Each bankruptcy judge, as a judicial officer of the district court, may exercise the authority conferred under this chapter with respect to any action, suit, or proceeding and may preside alone and hold a regular or special session of the court, except as otherwise provided by law or by rule or order of the district court.
(Added Pub. L. 98–353, title I, §104(a), July 10, 1984, 98 Stat. 336.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 98–353, title I, §122, July 10, 1984, 98 Stat. 346, provided that:
"(a) Except as otherwise provided in this section, this title and the amendments made by this title [enacting this chapter and sections 1408 to 1412 and 1452 of this title, amending sections 372, 634, 957, 1334, 1360, and 1930 of this title, sections 8331, 8334, 8336, 8339, 8341, and 8344 of Title 5, Government Organization and Employees, and section 105 of Title 11, Bankruptcy, enacting provisions set out as notes preceding section 151 of this title and under sections 151 to 153, 634, and 1334 of this title and section 8331 of Title 5, amending provisions set out as notes preceding sections 151 and 1471 of this title and section 101 of Title 11, and repealing provisions set out as notes preceding sections 151 and 1471 of this title] shall take effect on the date of the enactment of this Act [July 10, 1984].
"(b) Section 1334(c)(2) of title 28, United States Code, and section 1411(a) of title 28, United States Code, as added by this Act, shall not apply with respect to cases under title 11 of the United States Code that are pending on the date of enactment of this Act [July 10, 1984], or to proceedings arising in or related to such cases.
"(c) Sections 108(b) [enacting provisions set out as a note under section 634 of this title], 113 [amending provisions set out as a note preceding section 101 of Title 11, Bankruptcy], and 121(e) [enacting provisions set out as a note preceding section 151 of this title] shall take effect on June 27, 1984."
Short Title of 1984 Amendment
Pub. L. 98–353, §1, July 10, 1984, 98 Stat. 333, provided: "That this Act [enacting this chapter and sections 1408 to 1412 and 1452 of this title and sections 557 to 559 and 1113 of Title 11, Bankruptcy, amending sections 44, 98, 131, 133, 371, 372, 634, 957, 1334, 1360, and 1930 of this title, sections 8331, 8334, 8336, 8339, 8341, 8344, 8701, 8706, 8714a, and 8714b of Title 5, Government Organization and Employees, and sections 101 to 103, 105, 108, 109, 303, 321, 322, 326 to 330, 342, 343, 345, 346, 349, 350, 361 to 363, 365, 366, 501 to 503, 505 to 507, 509, 510, 521 to 525, 541 to 550, 552 to 555, 702 to 704, 707, 723 to 728, 741, 745, 752, 761, 763 to 766, 901 to 903, 921, 922, 927, 943, 945, 1102, 1103, 1105 to 1108, 1112, 1121, 1123 to 1127, 1129, 1141, 1142, 1144 to 1146, 1166, 1168 to 1171, 1173, 1301, 1302, 1304, 1307, 1322, 1324 to 1326, 1328, 1329, 15103, and 151302 of Title 11, enacting provisions set out as notes preceding section 151 of this title and under sections 44, 133, 151 to 153, 371, 634, 1334, and 2075 of this title, sections 8331 and 8706 of Title 5, and preceding section 101 of Title 11 and under sections 101, 365, and 1113 of Title 11, amending provisions set out as notes preceding sections 151, 581, and 1471 of this title and section 101 of Title 11, repealing provisions set out as notes preceding sections 151 and 1471 of this title, amending Rules 2002 and 3001 of the Bankruptcy Rules, set out in the Appendix to this title, and amending Official Bankruptcy Form No. 1] may be cited as the 'Bankruptcy Amendments and Federal Judgeship Act of 1984'."
Separability
Pub. L. 98–353, title I, §119, July 10, 1984, 98 Stat. 344, provided that: "If any provision of this Act [see Short Title of 1984 Amendment note above] or the application thereof to any person or circumstance is held invalid, the remainder of this Act, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby."
§152. Appointment of bankruptcy judges
(a)(1) Each bankruptcy judge to be appointed for a judicial district, as provided in paragraph (2), shall be appointed by the court of appeals of the United States for the circuit in which such district is located. Such appointments shall be made after considering the recommendations of the Judicial Conference submitted pursuant to subsection (b). Each bankruptcy judge shall be appointed for a term of fourteen years, subject to the provisions of subsection (e). However, upon the expiration of the term, a bankruptcy judge may, with the approval of the judicial council of the circuit, continue to perform the duties of the office until the earlier of the date which is 180 days after the expiration of the term or the date of the appointment of a successor. Bankruptcy judges shall serve as judicial officers of the United States district court established under Article III of the Constitution.
(2) The bankruptcy judges appointed pursuant to this section shall be appointed for the several judicial districts as follows:
| Districts | Judges |
|---|
| Alabama: |
|
| Northern |
5 |
| Middle |
2 |
| Southern |
2 |
| Alaska |
2 |
| Arizona |
7 |
| Arkansas: |
|
| Eastern and Western |
3 |
| California: |
|
| Northern |
9 |
| Eastern |
6 |
| Central |
21 |
| Southern |
4 |
| Colorado |
5 |
| Connecticut |
3 |
| Delaware |
1 |
| District of Columbia |
1 |
| Florida: |
|
| Northern |
1 |
| Middle |
8 |
| Southern |
5 |
| Georgia: |
|
| Northern |
8 |
| Middle |
3 |
| Southern |
2 |
| Hawaii |
1 |
| Idaho |
2 |
| Illinois: |
|
| Northern |
10 |
| Central |
3 |
| Southern |
1 |
| Indiana: |
|
| Northern |
3 |
| Southern |
4 |
| Iowa: |
|
| Northern |
2 |
| Southern |
2 |
| Kansas |
4 |
| Kentucky: |
|
| Eastern |
2 |
| Western |
3 |
| Louisiana: |
|
| Eastern |
2 |
| Middle |
1 |
| Western |
3 |
| Maine |
2 |
| Maryland |
4 |
| Massachusetts |
5 |
| Michigan: |
|
| Eastern |
4 |
| Western |
3 |
| Minnesota |
4 |
| Mississippi: |
|
| Northern |
1 |
| Southern |
2 |
| Missouri: |
|
| Eastern |
3 |
| Western |
3 |
| Montana |
1 |
| Nebraska |
2 |
| Nevada |
3 |
| New Hampshire |
1 |
| New Jersey |
8 |
| New Mexico |
2 |
| New York: |
|
| Northern |
2 |
| Southern |
9 |
| Eastern |
6 |
| Western |
3 |
| North Carolina: |
|
| Eastern |
2 |
| Middle |
2 |
| Western |
2 |
| North Dakota |
1 |
| Ohio: |
|
| Northern |
8 |
| Southern |
7 |
| Oklahoma: |
|
| Northern |
2 |
| Eastern |
1 |
| Western |
3 |
| Oregon |
5 |
| Pennsylvania: |
|
| Eastern |
5 |
| Middle |
2 |
| Western |
4 |
| Puerto Rico |
2 |
| Rhode Island |
1 |
| South Carolina |
2 |
| South Dakota |
2 |
| Tennessee: |
|
| Eastern |
3 |
| Middle |
3 |
| Western |
4 |
| Texas: |
|
| Northern |
6 |
| Eastern |
2 |
| Southern |
6 |
| Western |
4 |
| Utah |
3 |
| Vermont |
1 |
| Virginia: |
|
| Eastern |
5 |
| Western |
3 |
| Washington: |
|
| Eastern |
2 |
| Western |
5 |
| West Virginia: |
|
| Northern |
1 |
| Southern |
1 |
| Wisconsin: |
|
| Eastern |
4 |
| Western |
2 |
| Wyoming |
1. |
(3) Whenever a majority of the judges of any court of appeals cannot agree upon the appointment of a bankruptcy judge, the chief judge of such court shall make such appointment.
(4) The judges of the district courts for the territories shall serve as the bankruptcy judges for such courts. The United States court of appeals for the circuit within which such a territorial district court is located may appoint bankruptcy judges under this chapter for such district if authorized to do so by the Congress of the United States under this section.
(b)(1) The Judicial Conference of the United States shall, from time to time, and after considering the recommendations submitted by the Director of the Administrative Office of the United States Courts after such Director has consulted with the judicial council of the circuit involved, determine the official duty stations of bankruptcy judges and places of holding court.
(2) The Judicial Conference shall, from time to time, submit recommendations to the Congress regarding the number of bankruptcy judges needed and the districts in which such judges are needed.
(3) Not later than December 31, 1994, and not later than the end of each 2-year period thereafter, the Judicial Conference of the United States shall conduct a comprehensive review of all judicial districts to assess the continuing need for the bankruptcy judges authorized by this section, and shall report to the Congress its findings and any recommendations for the elimination of any authorized position which can be eliminated when a vacancy exists by reason of resignation, retirement, removal, or death.
(c)(1) Each bankruptcy judge may hold court at such places within the judicial district, in addition to the official duty station of such judge, as the business of the court may require.
(2)(A) Bankruptcy judges may hold court at such places within the United States outside the judicial district as the nature of the business of the court may require, and upon such notice as the court orders, upon a finding by either the chief judge of the bankruptcy court (or, if the chief judge is unavailable, the most senior available bankruptcy judge) or by the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where the bankruptcy judges could hold court.
(B) Bankruptcy judges may transact any business at special sessions of court held outside the district pursuant to this paragraph that might be transacted at a regular session.
(C) If a bankruptcy court issues an order exercising its authority under subparagraph (A), the court—
(i) through the Administrative Office of the United States Courts, shall—
(I) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and
(II) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including—
(aa) the reasons for the issuance of such order;
(bb) the duration of such order;
(cc) the impact of such order on litigants; and
(dd) the costs to the judiciary resulting from such order; and
(ii) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.
(d) With the approval of the Judicial Conference and of each of the judicial councils involved, a bankruptcy judge may be designated to serve in any district adjacent to or near the district for which such bankruptcy judge was appointed.
(e) A bankruptcy judge may be removed during the term for which such bankruptcy judge is appointed, only for incompetence, misconduct, neglect of duty, or physical or mental disability and only by the judicial council of the circuit in which the judge's official duty station is located. Removal may not occur unless a majority of all of the judges of such council concur in the order of removal. Before any order of removal may be entered, a full specification of charges shall be furnished to such bankruptcy judge who shall be accorded an opportunity to be heard on such charges.
(Added Pub. L. 98–353, title I, §104(a), July 10, 1984, 98 Stat. 336; amended Pub. L. 99–554, title I, §101, Oct. 27, 1986, 100 Stat. 3088; Pub. L. 100–587, Nov. 3, 1988, 102 Stat. 2982; Pub. L. 101–650, title III, §304, Dec. 1, 1990, 104 Stat. 5105; Pub. L. 102–361, §§2, 4, Aug. 26, 1992, 106 Stat. 965, 966; Pub. L. 109–8, title XII, §1223(d), Apr. 20, 2005, 119 Stat. 198; Pub. L. 109–63, §2(c), Sept. 9, 2005, 119 Stat. 1994.)
Editorial Notes
Amendments
2005—Subsec. (a)(1). Pub. L. 109–8, §1223(d)(1), substituted "Each bankruptcy judge to be appointed for a judicial district, as provided in paragraph (2), shall be appointed by the court of appeals of the United States for the circuit in which such district is located." for "The United States court of appeals for the circuit shall appoint bankruptcy judges for the judicial districts established in paragraph (2) in such numbers as are established in such paragraph."
Subsec. (a)(2). Pub. L. 109–8, §1223(d)(2), substituted "3" for "2" in item relating to middle district of Georgia and struck out item relating to middle and southern districts of Georgia.
Subsec. (c). Pub. L. 109–63 designated existing provisions as par. (1) and added par. (2).
1992—Subsec. (a)(2). Pub. L. 102–361, §2, in item relating to district of Arizona substituted "7" for "5", in item relating to central district of California substituted "21" for "19", in item relating to district of Connecticut substituted "3" for "2", in item relating to middle district of Florida substituted "8" for "4", in item relating to southern district of Florida substituted "5" for "3", in item relating to northern district of Georgia substituted "8" for "6", inserted item relating to middle and southern districts of Georgia, in item relating to district of Maryland substituted "4" for "3", in item relating to district of Massachusetts substituted "5" for "4", in item relating to district of New Jersey substituted "8" for "7", in item relating to southern district of New York substituted "9" for "7", in item relating to eastern district of Pennsylvania substituted "5" for "3", in item relating to middle district of Tennessee substituted "3" for "2", in item relating to western district of Tennessee substituted "4" for "3", in item relating to northern district of Texas substituted "6" for "5", and in item relating to eastern district of Virginia substituted "5" for "4".
Subsec. (b)(3). Pub. L. 102–361, §4, added par. (3).
1990—Subsec. (a)(1). Pub. L. 101–650 inserted after third sentence "However, upon the expiration of the term, a bankruptcy judge may, with the approval of the judicial council of the circuit, continue to perform the duties of the office until the earlier of the date which is 180 days after the expiration of the term or the date of the appointment of a successor."
1988—Subsec. (a)(2). Pub. L. 100–587 in item relating to district of Alaska substituted "2" for "1", in item relating to district of Colorado substituted "5" for "4", in item relating to district of Kansas substituted "4" for "3", in item relating to eastern district of Kentucky substituted "2" for "1", in item relating to eastern district of Texas substituted "2" for "1", in item relating to western district of Texas substituted "4" for "3", and in item relating to district of Arizona substituted "5" for "4".
1986—Subsec. (a)(2). Pub. L. 99–554 in item relating to eastern district and western district of Arkansas substituted "3" for "2", in item relating to northern district of California substituted "9" for "7", in item relating to eastern district of California substituted "6" for "4", in item relating to central district of California substituted "19" for "12", in item relating to southern district of California substituted "4" for "3", in item relating to middle district of Florida substituted "4" for "2", in item relating to northern district of Georgia substituted "6" for "4", in item relating to southern district of Georgia substituted "2" for "1", in item relating to district of Idaho substituted "2" for "1", in item relating to northern district of Illinois substituted "10" for "8", in item relating to central district of Illinois substituted "3" for "2", in item relating to northern district of Indiana substituted "3" for "2", in item relating to northern district of Iowa substituted "2" for "1", in item relating to southern district of Iowa substituted "2" for "1", in item relating to western district of Kentucky substituted "3" for "2", in item relating to western district of Louisiana substituted "3" for "2", in item relating to district of Maryland substituted "3" for "2", in item relating to western district of Michigan substituted "3" for "2", in item relating to district of Nebraska substituted "2" for "1", in item relating to district of Nevada substituted "3" for "2", in item relating to district of New Jersey substituted "7" for "5", in item relating to western district of North Carolina substituted "2" for "1", in item relating to northern district of Oklahoma substituted "2" for "1", in item relating to western district of Oklahoma substituted "3" for "2", in item relating to district of Oregon substituted "5" for "4", in item relating to western district of Pennsylvania substituted "4" for "3", in item relating to district of South Carolina substituted "2" for "1", in item relating to district of South Dakota substituted "2" for "1", in item relating to eastern district of Tennessee substituted "3" for "2", in item relating to western district of Tennessee substituted "3" for "2", in item relating to northern district of Texas substituted "5" for "4", in item relating to southern district of Texas substituted "6" for "3", in item relating to western district of Texas substituted "3" for "2", in item relating to district of Utah substituted "3" for "2", in item relating to eastern district of Virginia substituted "4" for "3", in item relating to eastern district of Washington substituted "2" for "1", in item relating to western district of Washington substituted "5" for "4", and in item relating to eastern district of Wisconsin substituted "4" for "3".
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Pub. L. 109–8, title XII, §1223(e), Apr. 20, 2005, 119 Stat. 198, provided that: "The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Apr. 20, 2005]."
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–554 effective Oct. 27, 1986, see section 302(b) of Pub. L. 99–554, set out as a note under section 581 of this title.
Subsequent Reauthorization
Pub. L. 112–121, §4, May 25, 2012, 126 Stat. 349, provided that: "Prior to further reauthorization of any judgeship authorized by this Act [See Short Title of 2012 Amendment note set out under section 1 of this title], the Committee on the Judiciary of the Senate and House of Representatives shall conduct a review of the bankruptcy judgeships authorized by this Act to determine the need, if any, for continued reauthorization of each judgeship, to evaluate any changes in all bankruptcy case filings and their effect, if any, on filing fee revenue, and to require the Administrative Office of the Courts to submit a report to the Committee on the Judiciary of the Senate and House of Representatives on bankruptcy case workload, bankruptcy judgeship costs, and filing fee revenue."
Temporary Appointment of Additional Judges
Pub. L. 116–325, §4, Jan. 12, 2021, 134 Stat. 5089, provided that:
"(a) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 2017.—
"(1) Extensions.—The temporary office of bankruptcy judges authorized by section 1003(a) of the Bankruptcy Judgeship Act of 2017 [Pub. L. 115–72] (28 U.S.C. 152 note) for the district of Delaware and the eastern district of Michigan are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs.
"(2) Vacancies.—
"(A) District of delaware.—The 1st and 2d vacancies in the office of a bankruptcy judge for the district of Delaware—
"(i) occurring 5 years or more after the date established by section 1003(b)(1) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B) Eastern district of michigan.—The 1st vacancy in the office of a bankruptcy judge for the eastern district of Michigan—
"(i) occurring 5 years or more after the date established by section 1003(b)(3) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 1003 of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).
"(b) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 2005 and Extended by the Temporary Bankruptcy Judgeships Extension Act of 2012 and the Bankruptcy Judgeship Act of 2017.—
"(1) Extensions.—The temporary office of bankruptcy judges authorized for the following districts by section 1223(b) of the Bankruptcy Judgeship Act of 2005 [Pub. L. 109–8] (28 U.S.C. 152 note), extended by section 2(a) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note), and further extended by section 1002(a) of the Bankruptcy Judgeship Act of 2017 [Pub. L. 115–72] (28 U.S.C. 152 note) are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs:
"(A) The district of Delaware.
"(B) The southern district of Florida.
"(C) The district of Maryland.
"(D) The eastern district of Michigan.
"(E) The district of Nevada.
"(F) The eastern district of North Carolina.
"(G) The district of Puerto Rico.
"(H) The eastern district of Virginia.
"(2) Vacancies.—
"(A) Single vacancies.—Except as provided in subparagraphs (B), (C), (D), (E), and (F), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1)—
"(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B) District of delaware.—The 3d, 4th, 5th, and 6th vacancies in the office of a bankruptcy judge for the district of Delaware—
"(i) occurring 5 years or more after the date established by section 1002(a)(2) of Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(C) Southern district of florida.—The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida—
"(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(D) District of maryland.—The 1st vacancy in the office of a bankruptcy judge for the district of Maryland—
"(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(E) Eastern district of michigan.—The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan—
"(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(F) District of puerto rico.—The 1st vacancy in the office of a bankruptcy judge for the district of Puerto Rico—
"(i) occurring 5 years or more after the date established by section 1002(a)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 1223 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note), and section 1002 of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).
"(c) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 2005 and Extended by the Temporary Bankruptcy Judgeships Extension Act of 2012.—
"(1) Extensions.—The temporary office of bankruptcy judges authorized for the following districts by section 1223(b) of the Bankruptcy Judgeship Act of 2005 [Pub. L. 109–8] (28 U.S.C. 152 note) and extended by section 2(a) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note) are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs:
"(A) The southern district of Georgia.
"(B) The district of Maryland.
"(C) The district of New Jersey.
"(D) The northern district of New York.
"(E) The district of South Carolina.
"(2) Vacancies.—
"(A) Single vacancies.—Except as provided in subparagraph (B), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1)—
"(i) occurring 5 years or more after the date of the enactment of this Act [Jan. 12, 2021], and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B) District of maryland.—The 2d and 3d vacancies in the office of a bankruptcy judge for the district of Maryland—
"(i) occurring 5 years or more after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 1223 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).
"(d) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 1992 and Extended by the Bankruptcy Judgeship Act of 2005, the Temporary Bankruptcy Judgeships Extension Act of 2012, and the Bankruptcy Judgeship Act of 2017.—
"(1) Extensions.—The temporary office of bankruptcy judges authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note), extended by section 1223(c) of Bankruptcy Judgeship Act of 2005 [Pub. L. 109–8] (28 U.S.C. 152 note), extended by section 2(b) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note), and further extended by section 1002(b) of the Bankruptcy Judgeship Act of 2017 [Pub. L. 115–72] (28 U.S.C. 152 note) for the district of Delaware and the district of Puerto Rico are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs.
"(2) Vacancies.—
"(A) District of delaware.—The 7th vacancy in the office of a bankruptcy judge for the district of Delaware—
"(i) occurring 5 years or more after the date established by section 1002(b)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B) District of puerto rico.—The 2d vacancy in the office of a bankruptcy judge for the district of Puerto Rico—
"(i) occurring 5 years or more after the date established by section 1002(b)(2) of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note), and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), section 1223 of Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note), and section 1002 of the Bankruptcy Judgeship Act of 2017 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).
"(e) Temporary Office of Bankruptcy Judge Authorized by the Bankruptcy Judgeship Act of 1992 and Extended by the Bankruptcy Judgeship Act of 2005 and the Temporary Bankruptcy Judgeships Extension Act of 2012.—
"(1) Extensions.—The temporary office of bankruptcy judge authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note), extended by section 1223(c) of the Bankruptcy Judgeship Act of 2005 [Pub. L. 109–8] (28 U.S.C. 152 note), and further extended by section 2(b) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note) for the eastern district of Tennessee is extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the district occurs.
"(2) Vacancy.—The 1st vacancy in the office of a bankruptcy judge for the eastern district of Tennessee—
"(A) occurring 5 years or more after the date of the enactment of this Act [Jan. 12, 2021], and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), section 1223 of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judge referred to in paragraph (1).
"(f) Temporary Office of Bankruptcy Judge Authorized by the Bankruptcy Judgeship Act of 1992 and Extended by the Temporary Bankruptcy Judgeships Extension Act of 2012.—
"(1) Extensions.—The temporary office of bankruptcy judge authorized by section 3(a) of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note) and extended by section 2(c) of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note) for the middle district of North Carolina is extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the district occurs.
"(2) Vacancy.—The 1st vacancy in the office of a bankruptcy judge for the middle district of North Carolina—
"(A) occurring 5 years or more after the date of the enactment of this Act [Jan. 12, 2021], and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judge referred to in paragraph (1)."
Pub. L. 115–72, div. B, §1002, Oct. 26, 2017, 131 Stat. 1229, provided that:
"(a) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 2005.—
"(1) Extensions.—The temporary office of bankruptcy judges authorized for the following districts by subsection (b) of the Bankruptcy Judgeship Act of 2005 [section 1223 of Pub. L. 109–8] (28 U.S.C. 152 note) are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs:
"(A) The district of Delaware.
"(B) The southern district of Florida.
"(C) The district of Maryland.
"(D) The eastern district of Michigan.
"(E) The district of Nevada.
"(F) The eastern district of North Carolina.
"(G) The district of Puerto Rico.
"(H) The eastern district of Virginia.
"(2) Vacancies.—
"(A) Single vacancies.—Except as provided in subparagraphs (B), (C), and (D), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1)—
"(i) occurring more than 5 years after the date of the enactment of this Act [Oct. 26, 2017]; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B) District of delaware.—The 1st, 2d, 3d, and 4th vacancies in the office of a bankruptcy judge for the district of Delaware—
"(i) occurring 5 years or more after the date of the enactment of this Act; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(C) District of maryland.—
"(i) The 1st vacancy in the office of a bankruptcy judge for the district of Maryland—
"(I) occurring more than 5 years after the date of the enactment of this Act; and
"(II) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(ii) The 2d and 3d vacancies in the office of a bankruptcy judge for the district of Maryland resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
"(D) Southern district of florida.—The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida—
"(i) occurring more than 5 years after the date of the enactment of this Act; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of provisions.—Except as provided in paragraphs (1) and (2), all other provisions of subsection (b) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 [Pub. L. 112–121] (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).
"(b) Temporary Office of Bankruptcy Judges Extended by the Bankruptcy Judgeship Act of 2005 and the Temporary Bankruptcy Judgeships Extension Act of 2012.—
"(1) Extensions.—The temporary office of bankruptcy judges authorized by section 3 of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note) and extended by subsection (c) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note) and further extended by section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) for the district of Delaware and the district of Puerto Rico are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs.
"(2) Vacancies.—
"(A) District of delaware.—The 5th vacancy in the office of a bankruptcy judge for the district of Delaware—
"(i) occurring more than 5 years after the date of the enactment of this Act [Oct. 26, 2017]; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B) District of puerto rico.—The 2d vacancy in the office of a bankruptcy judge for the district of Puerto Rico—
"(i) occurring more than 5 years after the date of the enactment of this Act; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), subsection (c) of the Bankruptcy Judgeship Act of 2005 (28 U.S.C. 152 note), and section 2 of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1)."
Pub. L. 115–72, div. B, §1003, Oct. 26, 2017, 131 Stat. 1231, provided that:
"(a) Appointments.—The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of that title:
"(1) Two additional bankruptcy judges for the district of Delaware.
"(2) One additional bankruptcy judge for the middle district of Florida.
"(3) One additional bankruptcy judge for the eastern district of Michigan.
"(b) Vacancies.—
"(1) District of delaware.—The 6th and 7th vacancies in the office of a bankruptcy judge for the district of Delaware—
"(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(1) to such office; and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(2) Middle district of florida.—The 1st vacancy in the office of a bankruptcy judge for the middle district of Florida—
"(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(2) to such office; and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Eastern district of michigan.—The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan—
"(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(3) to such office; and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled."
Pub. L. 112–121, §2, May 25, 2012, 126 Stat. 346, as amended by Pub. L. 115–31, div. E, title III, §307, May 5, 2017, 131 Stat. 347; Pub. L. 116–159, div. A, §139, Oct. 1, 2020, 134 Stat. 717, provided that:
"(a) Temporary Office of Bankruptcy Judges Authorized by Public Law 109–8.—
"(1) Extensions.—The temporary office of bankruptcy judges authorized for the following districts by section 1223(b) of Public Law 109–8 (28 U.S.C. 152 note) are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs:
"(A) The central district of California.
"(B) The eastern district of California.
"(C) The district of Delaware.
"(D) The southern district of Florida.
"(E) The southern district of Georgia.
"(F) The district of Maryland.
"(G) The eastern district of Michigan.
"(H) The district of New Jersey.
"(I) The northern district of New York.
"(J) The eastern district of North Carolina.
"(K) The eastern district of Pennsylvania.
"(L) The middle district of Pennsylvania.
"(M) The district of Puerto Rico.
"(N) The district of South Carolina.
"(O) The western district of Tennessee.
"(P) The eastern district of Virginia.
"(Q) The district of Nevada.
"(2) Vacancies.—
"(A) Single vacancies.—Except as provided in subparagraphs (B), (C), (D), (E), (F), (G), and (H), the 1st vacancy in the office of a bankruptcy judge for each district specified in paragraph (1)—
"(i) occurring more than 5 years after the date of the enactment of this Act [May 25, 2012], and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B) Central district of california.—The 1st, 2d, and 3d vacancies in the office of a bankruptcy judge for the central district of California—
"(i) occurring 5 years or more after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(C) District of delaware.—The 1st, 2d, 3d, and 4th vacancies in the office of a bankruptcy judge for the district of Delaware—
"(i) in the case of the 1st and 2d vacancies, occurring more than 6 years after the date of the enactment of this Act,
"(ii) in the case of the 3d and 4th vacancies, occurring more than 5 years after the date of the enactment of this Act, and
"(iii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(D) Southern district of florida.—The 1st and 2d vacancies in the office of a bankruptcy judge for the southern district of Florida—
"(i) occurring more than 6 years after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(E) District of maryland.—The 1st, 2d, and 3d vacancies in the office of a bankruptcy judge for the district of Maryland—
"(i) occurring more than 5 years after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(F) Eastern district of michigan.—The 1st vacancy in the office of a bankruptcy judge for the eastern district of Michigan—
"(i) occurring 6 years or more after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
"(G) District of puerto rico.—The 1st vacancy in the office of a bankruptcy judge for the district of Puerto Rico—
"(i) occurring 6 years or more after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
"(H) Eastern district of virginia.—The 1st vacancy in the office of a bankruptcy judge for the eastern district of Virginia—
"(i) occurring 6 years or more after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 1223(b) of Public Law 109–8 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).
"(b) Temporary Office of Bankruptcy Judges Extended by Public Law 109–8.—
"(1) Extensions.—The temporary office of bankruptcy judges authorized by section 3 of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note) and extended by section 1223(c) of Public Law 109–8 (28 U.S.C. 152 note) for the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee are extended until the applicable vacancy specified in paragraph (2) in the office of a bankruptcy judge for the respective district occurs.
"(2) Vacancies.—
"(A) District of delaware.—The 5th vacancy in the office of a bankruptcy judge for the district of Delaware—
"(i) occurring more than 5 years after the date of the enactment of this Act [May 25, 2012], and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B) District of puerto rico.—The 2d vacancy in the office of a bankruptcy judge for the district of Puerto Rico—
"(i) occurring more than 5 years after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(C) Eastern district of tennessee.—The 1st vacancy in the office of a bankruptcy judge for the eastern district of Tennessee—
"(i) occurring more than 9 years after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and section 1223(c) of Public Law 109–8 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in paragraph (1).
"(c) Temporary Office of the Bankruptcy Judge Authorized by Public Law 102–361 for the Middle District of North Carolina.—
"(1) Extension.—The temporary office of the bankruptcy judge authorized by section 3 of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note) for the middle district of North Carolina is extended until the vacancy specified in paragraph (2) occurs.
"(2) Vacancy.—The 1st vacancy in the office of a bankruptcy judge for the middle district of North Carolina—
"(A) occurring more than 5 years after the date of the enactment of this Act [May 25, 2012], and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3) Applicability of other provisions.—Except as provided in paragraphs (1) and (2), all other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary office of the bankruptcy judge referred to in paragraph (1)."
Pub. L. 109–8, title XII, §1223(b), (c), Apr. 20, 2005, 119 Stat. 196, 198, provided that:
"(b) Temporary Judgeships.—
"(1) Appointments.—The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:
"(A) One additional bankruptcy judge for the eastern district of California.
"(B) Three additional bankruptcy judges for the central district of California.
"(C) Four additional bankruptcy judges for the district of Delaware.
"(D) Two additional bankruptcy judges for the southern district of Florida.
"(E) One additional bankruptcy judge for the southern district of Georgia.
"(F) Three additional bankruptcy judges for the district of Maryland.
"(G) One additional bankruptcy judge for the eastern district of Michigan.
"(H) One additional bankruptcy judge for the southern district of Mississippi.
"(I) One additional bankruptcy judge for the district of New Jersey.
"(J) One additional bankruptcy judge for the eastern district of New York.
"(K) One additional bankruptcy judge for the northern district of New York.
"(L) One additional bankruptcy judge for the southern district of New York.
"(M) One additional bankruptcy judge for the eastern district of North Carolina.
"(N) One additional bankruptcy judge for the eastern district of Pennsylvania.
"(O) One additional bankruptcy judge for the middle district of Pennsylvania.
"(P) One additional bankruptcy judge for the district of Puerto Rico.
"(Q) One additional bankruptcy judge for the western district of Tennessee.
"(R) One additional bankruptcy judge for the eastern district of Virginia.
"(S) One additional bankruptcy judge for the district of South Carolina.
"(T) One additional bankruptcy judge for the district of Nevada.
"(2) Vacancies.—
"(A) Districts with single appointments.—Except as provided in subparagraphs (B), (C), (D), and (E), the first vacancy occurring in the office of bankruptcy judge in each of the judicial districts set forth in paragraph (1)—
"(i) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under paragraph (1) to such office; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(B) Central district of california.—The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the central district of California—
"(i) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under paragraph (1)(B); and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(C) District of delaware.—The 1st, 2d, 3d, and 4th vacancies in the office of bankruptcy judge in the district of Delaware—
"(i) occurring 5 years or more after the respective 1st, 2d, 3d, and 4th appointment dates of the bankruptcy judges appointed under paragraph (1)(F); and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(D) Southern district of florida.—The 1st and 2d vacancies in the office of bankruptcy judge in the southern district of Florida—
"(i) occurring 5 years or more after the respective 1st and 2d appointment dates of the bankruptcy judges appointed under paragraph (1)(D); and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(E) District of maryland.—The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the district of Maryland—
"(i) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under paragraph (1)(F); and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(c) Extensions.—
"(1) In general.—The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee under paragraphs (1), (3), (7), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 [Pub. L. 102–361] (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years after the date of the enactment of this Act [Apr. 20, 2005].
"(2) Applicability of other provisions.—All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in this subsection."
Pub. L. 102–361, §3, Aug. 26, 1992, 106 Stat. 965, as amended by Pub. L. 104–317, title III, §307, Oct. 19, 1996, 110 Stat. 3852, provided that:
"(a) Appointments.—The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code:
"(1) 1 additional bankruptcy judge for the northern district of Alabama.
"(2) 1 additional bankruptcy judge for the district of Colorado.
"(3) 1 additional bankruptcy judge for the district of Delaware.
"(4) 1 additional bankruptcy judge for the southern district of Illinois.
"(5) 1 additional bankruptcy judge for the district of New Hampshire.
"(6) 1 additional bankruptcy judge for the middle district of North Carolina.
"(7) 1 additional bankruptcy judge for the district of Puerto Rico.
"(8) 1 additional bankruptcy judge for the district of South Carolina.
"(9) 1 additional bankruptcy judge for the eastern district of Tennessee.
"(10) 1 additional bankruptcy judge for the western district of Texas.
"(b) Vacancies.—The first vacancy in the office of bankruptcy judge in each of the judicial districts set forth in subsection (a), resulting from the death, retirement, resignation, or removal of a bankruptcy judge, and occurring 5 years or more after the appointment date of the judge named to fill the temporary judgeship position, shall not be filled. In the case of a vacancy resulting from the expiration of the term of a bankruptcy judge not described in the preceding sentence, that judge shall be eligible for reappointment as a bankruptcy judge in that district."
Extension and Termination of Term of Office of Part-Time Bankruptcy Judge Serving on July 2, 1986, in District of Oregon, Western District of Michigan, and Eastern District of Oklahoma
Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 718, provided that: "Notwithstanding the provisions of section 106(b)(1) of the Bankruptcy Amendments and Federal Judgeship Act of 1984 [section 106(b)(1) of Pub. L. 98–353, set out below], a bankruptcy judge serving on a part-time basis on the date of enactment of this Act [July 2, 1986] may continue to serve as a part-time judge for such district until December 31, 1986, or until such time as a full-time bankruptcy judge for such district is appointed, whichever is earlier: Provided, That these provisions shall apply only to part-time bankruptcy judges serving in the district of Oregon, the western district of Michigan, and the eastern district of Oklahoma."
Extension and Termination of Term of Office of Bankruptcy Judge and Part-Time Bankruptcy Judge Serving on July 10, 1984; Practice of Law by Part-Time Bankruptcy Judge
Pub. L. 98–353, title I, §106, July 10, 1984, 98 Stat. 342, provided that:
"(a) Notwithstanding section 152 of title 28, United States Code, as added by this Act, the term of office of a bankruptcy judge who is serving on the date of enactment of this Act [July 10, 1984] is extended to and expires four years after the date such bankruptcy judge was last appointed to such office or on October 1, 1986, whichever is later.
"(b)(1) Notwithstanding section 153(a) of title 28, United States Code, as added by this Act, and notwithstanding subsection (a) of this section, a bankruptcy judge serving on a part-time basis on the date of enactment of this Act [July 10, 1984] may continue to serve on such basis for a period not to exceed two years from the date of enactment of this Act [July 10, 1984].
"(2) Notwithstanding the provisions of section 153(b) of title 28, United States Code, a bankruptcy judge serving on a part-time basis may engage in the practice of law but may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge's duties as a judicial officer. The Judicial Conference of the United States may promulgate appropriate rules and regulations to implement this paragraph."
Appointment To Fill Vacancies; Nominations; Qualifications
Pub. L. 98–353, title I, §120, July 10, 1984, 98 Stat. 344, as amended by Pub. L. 99–554, title I, §102, Oct. 27, 1986, 100 Stat. 3089; Pub. L. 104–317, title III, §303, Oct. 19, 1996, 110 Stat. 3852, provided that:
"(a)(1) Whenever a court of appeals is authorized to fill a vacancy that occurs on a bankruptcy court of the United States, such court of appeals shall appoint to fill that vacancy a person whose character, experience, ability, and impartiality qualify such person to serve in the Federal judiciary.
"(2) It is the sense of the Congress that the courts of appeals should consider for appointment under section 152 of title 28, United States Code, to the first vacancy which arises after the date of the enactment of this Act [July 10, 1984] in the office of each bankruptcy judge, the bankruptcy judge who holds such office immediately before such vacancy arises, if such bankruptcy judge requests to be considered for such appointment.
"(3) When filling vacancies, the court of appeals may consider reappointing incumbent bankruptcy judges under procedures prescribed by regulations issued by the Judicial Conference of the United States.
"(b) The judicial council of the circuit involved shall assist the court of appeals by evaluating potential nominees and by recommending to such court for consideration for appointment to each vacancy on the bankruptcy court persons who are qualified to be bankruptcy judges under regulations prescribed by the Judicial Conference of the United States. In the case of the first vacancy which arises after the date of the enactment of this Act [July 10, 1984] in the office of each bankruptcy judge, such potential nominees shall include the bankruptcy judge who holds such office immediately before such vacancy arises, if such bankruptcy judge requests to be considered for such appointment and the judicial council determines that such judge is qualified under subsection (c) of this section to continue to serve. Such potential nominees shall receive consideration equal to that given all other potential nominees for such position. All incumbent nominees seeking reappointment thereafter may be considered for such a reappointment, pursuant to a majority vote of the judges of the appointing court of appeals, under procedures authorized under subsection (a)(3).
"(c) Before transmitting to the court of appeals the names of the persons the judicial council for the circuit deems best qualified to fill any existing vacancy, the judicial council shall have determined that—
"(1) public notice of such vacancy has been given and an effort has been made, in the case of each such vacancy, to identify qualified candidates, without regard to race, color, sex, religion, or national origin,
"(2) such persons are members in good standing of at least one State bar, the District of Columbia bar, or the bar of the Commonwealth of Puerto Rico, and members in good standing of every other bar of which they are members,
"(3) such persons possess, and have a reputation for, integrity and good character,
"(4) such persons are of sound physical and mental health,
"(5) such persons possess and have demonstrated commitment to equal justice under law,
"(6) such persons possess and have demonstrated outstanding legal ability and competence, as evidenced by substantial legal experience, ability to deal with complex legal problems, aptitude for legal scholarship and writing, and familiarity with courts and court processes, and
"(7) such persons demeanor, character, and personality indicate that they would exhibit judicial temperament if appointed to the position of United States bankruptcy judge."
§153. Salaries; character of service
(a) Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services, a salary at an annual rate that is equal to 92 percent of the salary of a judge of the district court of the United States as determined pursuant to section 135, to be paid at such times as the Judicial Conference of the United States determines.
(b) A bankruptcy judge may not engage in the practice of law and may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge's duties as a judicial officer. The Conference may promulgate appropriate rules and regulations to implement this subsection.
(c) Each individual appointed under this chapter shall take the oath or affirmation prescribed by section 453 of this title before performing the duties of the office of bankruptcy judge.
(d) A bankruptcy judge appointed under this chapter shall be exempt from the provisions of subchapter I of chapter 63 of title 5.
(Added Pub. L. 98–353, title I, §104(a), July 10, 1984, 98 Stat. 338; amended Pub. L. 100–202, §101(a), [title IV, §408(a)], Dec. 22, 1987, 101 Stat. 1329, 1329-26; Pub. L. 100–702, title X, §1003(a)(1), Nov. 19, 1988, 102 Stat. 4665.)
Editorial Notes
Amendments
1988—Subsec. (d). Pub. L. 100–702 added subsec. (d).
1987—Subsec. (a). Pub. L. 100–202 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361) as adjusted by section 461 of this title, to be paid at such times as the Judicial Conference of the United States determines."
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Pub. L. 100–202, §101(a) [title IV, §408(d)], Dec. 22, 1987, 101 Stat. 1329, 1329-27, provided that: "This section [amending this section, section 634 of this title, and section 356 of Title 2, The Congress] shall become effective October 1, 1988, and any salary affected by the provisions of this section shall be adjusted at the beginning of the first applicable pay period commencing on or after such date of enactment [probably should read "such date", meaning Oct. 1, 1988]."
Transition Provisions
Pub. L. 100–702, title X, §1003(b), Nov. 19, 1988, 102 Stat. 4665, provided that:
"(1) If an individual who is exempted from the Leave Act by operation of amendments under this section [amending this section and sections 156, 631, 634, 712, 752, and 794 of this title] and who was previously subject to the provisions of subchapter I of chapter 63 of title 5, United States Code, without a break in service, again becomes subject to this subchapter on completion of his service as an exempted officer, the unused annual leave and sick leave standing to his credit when he was exempted from this subchapter is deemed to have remained to his credit.
"(2) In computing an annuity under section 8339 of title 5, United States Code, the total service of a person specified in paragraph (1) of this subsection who retired on an immediate annuity or dies leaving a survivor or survivors entitled to an annuity includes, without regard to the limitations imposed by subsection (f) of section 8339 of title 5, United States Code, the days of unused sick leave standing to his credit when he was exempted from subchapter I of chapter 63 of title 5, United States Code, except that these days will not be counted in determining average pay or annuity eligibility."
Continuation of Salaries of Bankruptcy Judges in Effect on June 27, 1984
Pub. L. 98–353, title I, §105(a), July 10, 1984, 98 Stat. 342, provided that: "The salary of a bankruptcy judge in effect on June 27, 1984, shall remain in effect until changed as a result of a determination or adjustment made pursuant to section 153(a) of title 28, United States Code, as added by this Act."
Part-Time Bankruptcy Judges
For provision that notwithstanding subsecs. (a) and (b) of this section, a bankruptcy judge serving on a part-time basis on July 10, 1984, may continue to serve on such basis for two years from such date, and may engage in the practice of law, see section 106 of Pub. L. 98–353, set out as a note under section 152 of this title.
Statutory Notes and Executive Documents
Salary Increases
1988—Salaries of bankruptcy judges continued at $72,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.
1987—Salaries of bankruptcy judges increased to $72,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.
Salaries of bankruptcy judges increased to $70,500 effective on first day of first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.
1985—Salaries of bankruptcy judges increased to $68,400 effective on first day of first pay period beginning on or after Jan. 1, 1985, by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5.
1984—Salaries of bankruptcy judges (full-time) and bankruptcy judges (part-time) (maximum rate) increased to $66,100 and $33,100, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1984, by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5.
1982—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $63,600 and $31,800, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1982, by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of Pub. L. 97–276 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1982, which was $58,500 for bankruptcy judges and referees in bankruptcy (full-time), and $30,600 for referees in bankruptcy (part-time) (maximum rate).
Maximum rate payable to bankruptcy judges after Dec. 17, 1982, increased from $58,500 to $63,600, see Pub. L. 97–377, title I, §129(b)–(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under section 5318 of Title 5.
1981—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $61,200 and $30,600, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1981, by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of Pub. L. 97–51 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1981, which was $51,167.50 for bankruptcy judges and referees in bankruptcy (full-time), and $25,583.75 for referees in bankruptcy (part-time) (maximum rate).
1980—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $58,400 and $29,200, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to section 101(c) of Pub. L. 96–369 funds are not available to pay a salary which exceeds the rate in effect on Sept. 30, 1980, which was $51,167.50 for bankruptcy judges and referees in bankruptcy (full-time), and $25,583.75 for referees in bankruptcy (part-time) (maximum rate).
For limitations on use of funds for period Oct. 1, 1980 through June 5, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96–369 and section 101(c) of Pub. L. 96–536, set out as notes under section 5318 of Title 5.
1979—Salaries of bankruptcy judges increased to $53,500 effective on first day of first pay period beginning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96–86 funds appropriated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or office in effect on Sept. 30, 1978, which was $51,167.50 for bankruptcy judges.
§154. Division of businesses; chief judge
(a) Each bankruptcy court for a district having more than one bankruptcy judge shall by majority vote promulgate rules for the division of business among the bankruptcy judges to the extent that the division of business is not otherwise provided for by the rules of the district court.
(b) In each district court having more than one bankruptcy judge the district court shall designate one judge to serve as chief judge of such bankruptcy court. Whenever a majority of the judges of such district court cannot agree upon the designation as chief judge, the chief judge of such district court shall make such designation. The chief judge of the bankruptcy court shall ensure that the rules of the bankruptcy court and of the district court are observed and that the business of the bankruptcy court is handled effectively and expeditiously.
(Added Pub. L. 98–353, title I, §104(a), July 10, 1984, 98 Stat. 339.)
§155. Temporary transfer of bankruptcy judges
(a) A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district other than the judicial district for which such bankruptcy judge was appointed upon the approval of the judicial council of each of the circuits involved.
(b) A bankruptcy judge who has retired may, upon consent, be recalled to serve as a bankruptcy judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a bankruptcy judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference of the United States, subject to the restrictions on the payment of an annuity in section 377 of this title or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such judge.
(Added Pub. L. 98–353, title I, §104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–651, title II, §202(a), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 100–659, §4(a), Nov. 15, 1988, 102 Stat. 3918.)
Editorial Notes
Amendments
1988—Subsec. (b). Pub. L. 100–659 inserted "section 377 of this title or in" after "annuity in" and "which are applicable to such judge" after "title 5".
1986—Subsec. (b). Pub. L. 99–651 inserted reference to chapter 84 of title 5.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under section 377 of this title.
Effective Date of 1986 Amendment
Pub. L. 99–651, title II, §203, Nov. 14, 1986, 100 Stat. 3649, provided that: "This title and the amendments made by this title [enacting section 375 of this title and amending this section and sections 374, 631, 633, 636, and 797 of this title] take effect on January 1, 1987."
§156. Staff; expenses
(a) Each bankruptcy judge may appoint a secretary, a law clerk, and such additional assistants as the Director of the Administrative Office of the United States Courts determines to be necessary. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.
(b) Upon certification to the judicial council of the circuit involved and to the Director of the Administrative Office of the United States Courts that the number of cases and proceedings pending within the jurisdiction under section 1334 of this title within a judicial district so warrants, the bankruptcy judges for such district may appoint an individual to serve as clerk of such bankruptcy court. The clerk may appoint, with the approval of such bankruptcy judges, and in such number as may be approved by the Director, necessary deputies, and may remove such deputies with the approval of such bankruptcy judges.
(c) Any court may utilize facilities or services, either on or off the court's premises, which pertain to the provision of notices, dockets, calendars, and other administrative information to parties in cases filed under the provisions of title 11, United States Code, where the costs of such facilities or services are paid for out of the assets of the estate and are not charged to the United States. The utilization of such facilities or services shall be subject to such conditions and limitations as the pertinent circuit council may prescribe.
(d) No office of the bankruptcy clerk of court may be consolidated with the district clerk of court office without the prior approval of the Judicial Conference and the Congress.
(e) In a judicial district where a bankruptcy clerk has been appointed pursuant to subsection (b), the bankruptcy clerk shall be the official custodian of the records and dockets of the bankruptcy court.
(f) For purposes of financial accountability in a district where a bankruptcy clerk has been certified, such clerk shall be accountable for and pay into the Treasury all fees, costs, and other monies collected by such clerk except uncollected fees not required by an Act of Congress to be prepaid. Such clerk shall make returns thereof to the Director of the Administrative Office of the United States Courts and the Director of the Executive Office For United States Trustees, under regulations prescribed by such Directors.
(Added Pub. L. 98–353, title I, §104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–554, title I, §§103, 142, 144(a), Oct. 27, 1986, 100 Stat. 3090, 3096; Pub. L. 100–702, title X, §1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)
Editorial Notes
Amendments
1988—Subsec. (a). Pub. L. 100–702 inserted at end "A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court."
1986—Subsec. (d). Pub. L. 99–554, §103, added subsec. (d).
Subsecs. (e), (f). Pub. L. 99–554, §§142, 144(a), added subsecs. (e) and (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by section 103 of Pub. L. 99–554 effective Oct. 27, 1986, and amendment by sections 142 and 144 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a), (b) of Pub. L. 99–554, set out as a note under section 581 of this title.
§157. Procedures
(a) Each district court may provide that any or all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11 shall be referred to the bankruptcy judges for the district.
(b)(1) Bankruptcy judges may hear and determine all cases under title 11 and all core proceedings arising under title 11, or arising in a case under title 11, referred under subsection (a) of this section, and may enter appropriate orders and judgments, subject to review under section 158 of this title.
(2) Core proceedings include, but are not limited to—
(A) matters concerning the administration of the estate;
(B) allowance or disallowance of claims against the estate or exemptions from property of the estate, and estimation of claims or interests for the purposes of confirming a plan under chapter 11, 12, or 13 of title 11 but not the liquidation or estimation of contingent or unliquidated personal injury tort or wrongful death claims against the estate for purposes of distribution in a case under title 11;
(C) counterclaims by the estate against persons filing claims against the estate;
(D) orders in respect to obtaining credit;
(E) orders to turn over property of the estate;
(F) proceedings to determine, avoid, or recover preferences;
(G) motions to terminate, annul, or modify the automatic stay;
(H) proceedings to determine, avoid, or recover fraudulent conveyances;
(I) determinations as to the dischargeability of particular debts;
(J) objections to discharges;
(K) determinations of the validity, extent, or priority of liens;
(L) confirmations of plans;
(M) orders approving the use or lease of property, including the use of cash collateral;
(N) orders approving the sale of property other than property resulting from claims brought by the estate against persons who have not filed claims against the estate;
(O) other proceedings affecting the liquidation of the assets of the estate or the adjustment of the debtor-creditor or the equity security holder relationship, except personal injury tort or wrongful death claims; and
(P) recognition of foreign proceedings and other matters under chapter 15 of title 11.
(3) The bankruptcy judge shall determine, on the judge's own motion or on timely motion of a party, whether a proceeding is a core proceeding under this subsection or is a proceeding that is otherwise related to a case under title 11. A determination that a proceeding is not a core proceeding shall not be made solely on the basis that its resolution may be affected by State law.
(4) Non-core proceedings under section 157(b)(2)(B) of title 28, United States Code, shall not be subject to the mandatory abstention provisions of section 1334(c)(2).
(5) The district court shall order that personal injury tort and wrongful death claims shall be tried in the district court in which the bankruptcy case is pending, or in the district court in the district in which the claim arose, as determined by the district court in which the bankruptcy case is pending.
(c)(1) A bankruptcy judge may hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11. In such proceeding, the bankruptcy judge shall submit proposed findings of fact and conclusions of law to the district court, and any final order or judgment shall be entered by the district judge after considering the bankruptcy judge's proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, the district court, with the consent of all the parties to the proceeding, may refer a proceeding related to a case under title 11 to a bankruptcy judge to hear and determine and to enter appropriate orders and judgments, subject to review under section 158 of this title.
(d) The district court may withdraw, in whole or in part, any case or proceeding referred under this section, on its own motion or on timely motion of any party, for cause shown. The district court shall, on timely motion of a party, so withdraw a proceeding if the court determines that resolution of the proceeding requires consideration of both title 11 and other laws of the United States regulating organizations or activities affecting interstate commerce.
(e) If the right to a jury trial applies in a proceeding that may be heard under this section by a bankruptcy judge, the bankruptcy judge may conduct the jury trial if specially designated to exercise such jurisdiction by the district court and with the express consent of all the parties.
(Added Pub. L. 98–353, title I, §104(a), July 10, 1984, 98 Stat. 340; amended Pub. L. 99–554, title I, §§143, 144(b), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 103–394, title I, §112, Oct. 22, 1994, 108 Stat. 4117; Pub. L. 109–8, title VIII, §802(c)(1), Apr. 20, 2005, 119 Stat. 145.)
Editorial Notes
Amendments
2005—Subsec. (b)(2)(P). Pub. L. 109–8 added subpar. (P).
1994—Subsec. (e). Pub. L. 103–394 added subsec. (e).
1986—Subsec. (b)(2). Pub. L. 99–554, in subpar. (B) substituted "interests" for "interest" and inserted reference to chapter 12, and in subpar. (G) inserted a comma after "annul".
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of Title 11.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.
§158. Appeals
(a) The district courts of the United States shall have jurisdiction to hear appeals 1
(1) from final judgments, orders, and decrees;
(2) from interlocutory orders and decrees issued under section 1121(d) of title 11 increasing or reducing the time periods referred to in section 1121 of such title; and
(3) with leave of the court, from other interlocutory orders and decrees;
of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title. An appeal under this subsection shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving.
(b)(1) The judicial council of a circuit shall establish a bankruptcy appellate panel service composed of bankruptcy judges of the districts in the circuit who are appointed by the judicial council in accordance with paragraph (3), to hear and determine, with the consent of all the parties, appeals under subsection (a) unless the judicial council finds that—
(A) there are insufficient judicial resources available in the circuit; or
(B) establishment of such service would result in undue delay or increased cost to parties in cases under title 11.
Not later than 90 days after making the finding, the judicial council shall submit to the Judicial Conference of the United States a report containing the factual basis of such finding.
(2)(A) A judicial council may reconsider, at any time, the finding described in paragraph (1).
(B) On the request of a majority of the district judges in a circuit for which a bankruptcy appellate panel service is established under paragraph (1), made after the expiration of the 1-year period beginning on the date such service is established, the judicial council of the circuit shall determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists.
(C) On its own motion, after the expiration of the 3-year period beginning on the date a bankruptcy appellate panel service is established under paragraph (1), the judicial council of the circuit may determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists.
(D) If the judicial council finds that either of such circumstances exists, the judicial council may provide for the completion of the appeals then pending before such service and the orderly termination of such service.
(3) Bankruptcy judges appointed under paragraph (1) shall be appointed and may be reappointed under such paragraph.
(4) If authorized by the Judicial Conference of the United States, the judicial councils of 2 or more circuits may establish a joint bankruptcy appellate panel comprised of bankruptcy judges from the districts within the circuits for which such panel is established, to hear and determine, upon the consent of all the parties, appeals under subsection (a) of this section.
(5) An appeal to be heard under this subsection shall be heard by a panel of 3 members of the bankruptcy appellate panel service, except that a member of such service may not hear an appeal originating in the district for which such member is appointed or designated under section 152 of this title.
(6) Appeals may not be heard under this subsection by a panel of the bankruptcy appellate panel service unless the district judges for the district in which the appeals occur, by majority vote, have authorized such service to hear and determine appeals originating in such district.
(c)(1) Subject to subsections (b) and (d)(2), each appeal under subsection (a) shall be heard by a 3-judge panel of the bankruptcy appellate panel service established under subsection (b)(1) unless—
(A) the appellant elects at the time of filing the appeal; or
(B) any other party elects, not later than 30 days after service of notice of the appeal;
to have such appeal heard by the district court.
(2) An appeal under subsections (a) and (b) of this section shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district courts and in the time provided by Rule 8002 of the Bankruptcy Rules.
(d)(1) The courts of appeals shall have jurisdiction of appeals from all final decisions, judgments, orders, and decrees entered under subsections (a) and (b) of this section.
(2)(A) The appropriate court of appeals shall have jurisdiction of appeals described in the first sentence of subsection (a) if the bankruptcy court, the district court, or the bankruptcy appellate panel involved, acting on its own motion or on the request of a party to the judgment, order, or decree described in such first sentence, or all the appellants and appellees (if any) acting jointly, certify that—
(i) the judgment, order, or decree involves a question of law as to which there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public importance;
(ii) the judgment, order, or decree involves a question of law requiring resolution of conflicting decisions; or
(iii) an immediate appeal from the judgment, order, or decree may materially advance the progress of the case or proceeding in which the appeal is taken;
and if the court of appeals authorizes the direct appeal of the judgment, order, or decree.
(B) If the bankruptcy court, the district court, or the bankruptcy appellate panel—
(i) on its own motion or on the request of a party, determines that a circumstance specified in clause (i), (ii), or (iii) of subparagraph (A) exists; or
(ii) receives a request made by a majority of the appellants and a majority of appellees (if any) to make the certification described in subparagraph (A);
then the bankruptcy court, the district court, or the bankruptcy appellate panel shall make the certification described in subparagraph (A).
(C) The parties may supplement the certification with a short statement of the basis for the certification.
(D) An appeal under this paragraph does not stay any proceeding of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken, unless the respective bankruptcy court, district court, or bankruptcy appellate panel, or the court of appeals in which the appeal is pending, issues a stay of such proceeding pending the appeal.
(E) Any request under subparagraph (B) for certification shall be made not later than 60 days after the entry of the judgment, order, or decree.
(Added Pub. L. 98–353, title I, §104(a), July 10, 1984, 98 Stat. 341; amended Pub. L. 101–650, title III, §305, Dec. 1, 1990, 104 Stat. 5105; Pub. L. 103–394, title I, §§102, 104(c), (d), Oct. 22, 1994, 108 Stat. 4108–4110; Pub. L. 109–8, title XII, §1233(a), Apr. 20, 2005, 119 Stat. 202; Pub. L. 111–327, §2(c)(1), Dec. 22, 2010, 124 Stat. 3562.)
Editorial Notes
References in Text
The Bankruptcy Rules, referred to in subsec. (c)(2), are set out in the Appendix to Title 11, Bankruptcy.
Amendments
2010—Subsec. (d)(2)(D). Pub. L. 111–327 substituted "appeal is pending" for "appeal in pending".
2005—Subsec. (c)(1). Pub. L. 109–8, §1233(a)(1), substituted "Subject to subsections (b) and (d)(2)," for "Subject to subsection (b),".
Subsec. (d). Pub. L. 109–8, §1233(a)(2), designated existing provisions as par. (1) and added par. (2).
1994—Subsec. (a). Pub. L. 103–394, §102, which directed the amendment of subsec. (a) by striking "from" the first place it appears and all that follows through "decrees," and inserting pars. (1) to (3), was executed by making the insertion and by striking after "appeals" "from final judgments, orders, and decrees, and, with leave of the court, from interlocutory orders and decrees,", which is through "decrees," the second place appearing, to reflect the probable intent of Congress.
Subsec. (b)(1). Pub. L. 103–394, §104(c)(3), added par. (1) and struck out former par. (1) which read as follows: "The judicial council of a circuit may establish a bankruptcy appellate panel, comprised of bankruptcy judges from districts within the circuit, to hear and determine, upon the consent of all the parties, appeals under subsection (a) of this section."
Subsec. (b)(2). Pub. L. 103–394, §104(c)(3), added par. (2). Former par. (2) redesignated (4).
Subsec. (b)(3). Pub. L. 103–394, §104(c)(1), (3), added par. (3) and struck out former par. (3) which read as follows: "No appeal may be referred to a panel under this subsection unless the district judges for the district, by majority vote, authorize such referral of appeals originating within the district."
Subsec. (b)(4). Pub. L. 103–394, §104(c)(1), (2), redesignated par. (2) as (4) and struck out former par. (4) which read as follows: "A panel established under this section shall consist of three bankruptcy judges, provided a bankruptcy judge may not hear an appeal originating within a district for which the judge is appointed or designated under section 152 of this title."
Subsec. (b)(5), (6). Pub. L. 103–394, §104(c)(4), added pars. (5) and (6).
Subsec. (c). Pub. L. 103–394, §104(d), designated existing provisions as par. (2) and added par. (1).
1990—Subsec. (b)(2) to (4). Pub. L. 101–650 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of Title 11.
Procedural Rules
Pub. L. 109–8, title XII, §1233(b), Apr. 20, 2005, 119 Stat. 203, provided that:
"(1) Temporary application.—A provision of this subsection shall apply to appeals under section 158(d)(2) of title 28, United States Code, until a rule of practice and procedure relating to such provision and such appeals is promulgated or amended under chapter 131 of such title.
"(2) Certification.—A district court, a bankruptcy court, or a bankruptcy appellate panel may make a certification under section 158(d)(2) of title 28, United States Code, only with respect to matters pending in the respective bankruptcy court, district court, or bankruptcy appellate panel.
"(3) Procedure.—Subject to any other provision of this subsection, an appeal authorized by the court of appeals under section 158(d)(2)(A) of title 28, United States Code, shall be taken in the manner prescribed in subdivisions (a)(1), (b), (c), and (d) of rule 5 of the Federal Rules of Appellate Procedure. For purposes of subdivision (a)(1) of rule 5—
"(A) a reference in such subdivision to a district court shall be deemed to include a reference to a bankruptcy court and a bankruptcy appellate panel, as appropriate; and
"(B) a reference in such subdivision to the parties requesting permission to appeal to be served with the petition shall be deemed to include a reference to the parties to the judgment, order, or decree from which the appeal is taken.
"(4) Filing of petition with attachment.—A petition requesting permission to appeal, that is based on a certification made under subparagraph (A) or (B) of section 158(d)(2) shall—
"(A) be filed with the circuit clerk not later than 10 days after the certification is entered on the docket of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken; and
"(B) have attached a copy of such certification.
"(5) References in rule 5.—For purposes of rule 5 of the Federal Rules of Appellate Procedure—
"(A) a reference in such rule to a district court shall be deemed to include a reference to a bankruptcy court and to a bankruptcy appellate panel; and
"(B) a reference in such rule to a district clerk shall be deemed to include a reference to a clerk of a bankruptcy court and to a clerk of a bankruptcy appellate panel.
"(6) Application of rules.—The Federal Rules of Appellate Procedure shall apply in the courts of appeals with respect to appeals authorized under section 158(d)(2)(A), to the extent relevant and as if such appeals were taken from final judgments, orders, or decrees of the district courts or bankruptcy appellate panels exercising appellate jurisdiction under subsection (a) or (b) of section 158 of title 28, United States Code."
§159. Bankruptcy statistics
(a) The clerk of the district court, or the clerk of the bankruptcy court if one is certified pursuant to section 156(b) of this title, shall collect statistics regarding debtors who are individuals with primarily consumer debts seeking relief under chapters 7, 11, and 13 of title 11. Those statistics shall be in a standardized format prescribed by the Director of the Administrative Office of the United States Courts (referred to in this section as the "Director").
(b) The Director shall—
(1) compile the statistics referred to in subsection (a);
(2) make the statistics available to the public; and
(3) not later than July 1, 2008, and annually thereafter, prepare, and submit to Congress a report concerning the information collected under subsection (a) that contains an analysis of the information.
(c) The compilation required under subsection (b) shall—
(1) be itemized, by chapter, with respect to title 11;
(2) be presented in the aggregate and for each district; and
(3) include information concerning—
(A) the total assets and total liabilities of the debtors described in subsection (a), and in each category of assets and liabilities, as reported in the schedules prescribed pursuant to section 2075 of this title and filed by debtors;
(B) the current monthly income, average income, and average expenses of debtors as reported on the schedules and statements that each such debtor files under sections 521 and 1322 of title 11;
(C) the aggregate amount of debt discharged in cases filed during the reporting period, determined as the difference between the total amount of debt and obligations of a debtor reported on the schedules and the amount of such debt reported in categories which are predominantly nondischargeable;
(D) the average period of time between the date of the filing of the petition and the closing of the case for cases closed during the reporting period;
(E) for cases closed during the reporting period—
(i) the number of cases in which a reaffirmation agreement was filed; and
(ii)(I) the total number of reaffirmation agreements filed;
(II) of those cases in which a reaffirmation agreement was filed, the number of cases in which the debtor was not represented by an attorney; and
(III) of those cases in which a reaffirmation agreement was filed, the number of cases in which the reaffirmation agreement was approved by the court;
(F) with respect to cases filed under chapter 13 of title 11, for the reporting period—
(i)(I) the number of cases in which a final order was entered determining the value of property securing a claim in an amount less than the amount of the claim; and
(II) the number of final orders entered determining the value of property securing a claim;
(ii) the number of cases dismissed, the number of cases dismissed for failure to make payments under the plan, the number of cases refiled after dismissal, and the number of cases in which the plan was completed, separately itemized with respect to the number of modifications made before completion of the plan, if any; and
(iii) the number of cases in which the debtor filed another case during the 6-year period preceding the filing;
(G) the number of cases in which creditors were fined for misconduct and any amount of punitive damages awarded by the court for creditor misconduct; and
(H) the number of cases in which sanctions under rule 9011 of the Federal Rules of Bankruptcy Procedure were imposed against the debtor's attorney or damages awarded under such Rule.
(Added Pub. L. 109–8, title VI, §601(a), Apr. 20, 2005, 119 Stat. 119; amended Pub. L. 111–327, §2(c)(2), Dec. 22, 2010, 124 Stat. 3563.)
Editorial Notes
References in Text
The Federal Rules of Bankruptcy Procedure, referred to in subsec. (c)(3)(H), are set out in the Appendix to Title 11, Bankruptcy.
Amendments
2010—Subsec. (c)(3)(H). Pub. L. 111–327 inserted "the" after "against".
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 109–8, title VI, §601(c), Apr. 20, 2005, 119 Stat. 120, provided that: "The amendments made by this section [enacting this section] shall take effect 18 months after the date of enactment of this Act [Apr. 20, 2005]."
CHAPTER 7—UNITED STATES COURT OF FEDERAL CLAIMS
171.
Appointment and number of judges; character of court; designation of chief judge.
172.
Tenure and salaries of judges.
173.
Times and places of holding court.
174.
Assignment of judges; decisions.
175.
Official duty station; residence.
177.
Disbarment of removed judges.
178.
Retirement of judges of the Court of Federal Claims.
179.
Personnel application and insurance programs.
Editorial Notes
Amendments
2000—Pub. L. 106–518, title III, §309(b), Nov. 13, 2000, 114 Stat. 2420, substituted "Personnel application and insurance programs" for "Insurance and annuities programs" in item 179.
Pub. L. 106–398, §1 [[div. A], title VI, §654(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-165, struck out item 180 "Military retirement pay for retired judges".
1992—Pub. L. 102–572, title IX, §§902(a), 903(b), Oct. 29, 1992, 106 Stat. 4516, 4517, substituted "UNITED STATES COURT OF FEDERAL CLAIMS" for "UNITED STATES CLAIMS COURT" as chapter heading, substituted "Court of Federal Claims" for "Claims Court" in item 178, and added items 179 and 180.
1990—Pub. L. 101–650, title III, §306(a)(2), Dec. 1, 1990, 104 Stat. 5109, added item 178.
1982—Pub. L. 97–164, title I, §105(a), Apr. 2, 1982, 96 Stat. 26, substituted "UNITED STATES CLAIMS COURT" for "COURT OF CLAIMS" as chapter heading, inserted "; designation of chief judge" in item 171, substituted "Tenure and salaries of judges" for "Precedence of judges" in item 172, substituted "Times and places of holding court" for "Tenure and salaries of judges" in item 173, substituted "Assignment of judges; decisions" for "Terms" in item 174, substituted "Official duty station; residence" for "Assignment of judges; divisions; hearings; quorum; decisions" in item 175, and added items 176 and 177.
1966—Pub. L. 89–425, §3, May 11, 1966, 80 Stat. 140, substituted "Assignment of judges; divisions; hearings; quorum; decisions" for "Quorum" in item 175.
1954—Act Sept. 3, 1954, ch. 1263, §38, 68 Stat. 1240, inserted "; character of court" in item 171.
§171. Appointment and number of judges; character of court; designation of chief judge
(a) The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
(b) The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
(June 25, 1948, ch. 646, 62 Stat 898; July 28, 1953, ch. 253, §1, 67 Stat. 226; Sept. 3, 1954, ch. 1263, §39(a), 68 Stat. 1240; Pub. L. 89–425, §1(b), May 11, 1966, 80 Stat. 140; Pub. L. 97–164, title I, §105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, §902(a), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed. §241 (Mar. 3, 1911, ch. 231, §136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, §4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, §1 44 Stat. 919).
This section contains a part of section 241 of title 28, U.S.C., 1940 ed. The remainder of such section, relating to tenure, salaries and oath, is incorporated in sections 173 and 453 of this title.
The term "chief judge" was substituted for "Chief Justice." (See reviser's note under section 136 of this title.)
Words "a court of record known as" were added. For similar provision covering other Federal courts, see sections 132, 211, and 251 of this title.
The official status of the Chief Justice of the Court of Claims holding office on the effective date of this act is preserved by section 2 of the bill to enact revised title 28.
Minor changes were made in arrangement and phraseology.
Editorial Notes
Amendments
1992—Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court" in subsec. (a) and "Court of Federal Claims" for "Claims Court" in subsec. (b).
1982—Pub. L. 97–164 designated existing provisions as subsec. (a), substituted "sixteen judges who shall constitute a court of record known as the United States Claims Court" for "a chief judge and six associate judges who shall constitute a court of record known as the United States Court of Claims" and "The court is declared to be a court established under article I of the Constitution of the United States" for "Such court is hereby declared to be a court established under article III of the Constitution of the United States" in subsec. (a) as so designated, and added subsec. (b).
1966—Pub. L. 89–425 increased the number of associate judges from four to six.
1954—Act Sept. 3, 1954, inserted "; character or court" in section catchline.
1953—Act July 28, 1953, inserted second sentence.
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 102–572, title IX, §902(b), Oct. 29, 1992, 106 Stat. 4516, provided that: "Reference in any other Federal law [meaning any Federal law other than chapters 7, 51, 91, and 165 of this title] or any document to—
"(1) the 'United States Claims Court' shall be deemed to refer to the 'United States Court of Federal Claims'; and
"(2) the 'Claims Court' shall be deemed to refer to the 'Court of Federal Claims'."
Effective Date of 1992 Amendment
Pub. L. 102–572, title IX, §911, Oct. 29, 1992, 106 Stat. 4520, provided that: "This title [see Tables for classification] and the amendments made by this title shall take effect on the date of the enactment of this Act [Oct. 29, 1992]."
Effective Date of 1982 Amendment
Pub. L. 97–164, title IV, §402, Apr. 2, 1982, 96 Stat. 57, provided that: "Unless otherwise specified, the provisions of this Act [see Short Title of 1982 Amendment note set out under section 1 of this title] shall take effect on October 1, 1982."
Continued Service of Commissioners of Court of Claims as Judges
Pub. L. 97–164, title I, §167, Apr. 2, 1982, 96 Stat. 50, provided that Commissioners of United States Court of Claims serving immediately prior to Oct. 1, 1982, became judges of United States Claims Court [now United States Court of Federal Claims] on such date, with initial terms expiring 15 years after date of employment or on Oct. 1, 1986, whichever occurred earlier, and with salaries equal to salaries of Commissioners of Court of Claims.
Tennessee Valley Authority Legal Representation
Pub. L. 97–164, title I, §169, Apr. 2, 1982, 96 Stat. 51, provided that: "Nothing in this Act [see Short Title of 1982 Amendment note set out under section 1 of this title] affects the authority of the Tennessee Valley Authority under the Tennessee Valley Authority Act of 1933 [16 U.S.C. 831 et seq.] to represent itself by attorneys of its choosing."
Transition Provisions: Transfer of Pending Cases
Pub. L. 97–164, title IV, §403, Apr. 2, 1982, 96 Stat. 57, provided for transfer of cases or matters pending on Oct. 1, 1982, before Court of Claims or United States Court of Customs and Patent Appeals to United States Court of Appeals for the Federal Circuit, directed that petitions for rehearing, reconsideration, or other changes in decisions of Court of Claims or United States Court of Customs and Patent Appeals rendered prior to such date be determined by United States Court of Appeals for the Federal Circuit, directed that matters pending before Commissioners of United States Court of Claims on such date be determined by United States Claims Court [now United States Court of Federal Claims], and directed that any case in which notice of appeal had been filed in district court of United States prior to such date would be decided by court of appeals to which the appeal was taken.
Congressional Statement Regarding Appointment of Judges
For Congressional suggestion that the President select nominees for judgeships on the Claims Court [now Court of Federal Claims] and the Court of Appeals for the Federal Circuit from a broad range of qualified individuals, see section 168 of Pub. L. 97–164, set out as a note under section 44 of this title.
§172. Tenure and salaries of judges
(a) Each judge of the United States Court of Federal Claims shall be appointed for a term of fifteen years.
(b) Each judge shall receive a salary at the rate of pay, and in the same manner, as judges of the district courts of the United States.
(June 25, 1948, ch. 646, 62 Stat. 898; Pub. L. 97–164, title I, §105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 100–702, title X, §1023, Nov. 19, 1988, 102 Stat. 4673; Pub. L. 102–572, title IX, §902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
This section applies to the judges of the Court of Claims the same rule of precedence applicable to judges of other courts. (See sections 45, 136, 212, and 253 of this title.)
Editorial Notes
Amendments
1992—Subsec. (a). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".
1988—Subsec. (b). Pub. L. 100–702 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Each judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title."
1982—Pub. L. 97–164 amended section generally, substituting provisions relating to tenure and salaries of judges (formerly contained in section 173) for provisions relating to precedence of judges. See section 171 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Statutory Notes and Executive Documents
Salary Increases
For increases in salaries of judges after Nov. 19, 1988, see notes set out under section 135 of this title relating to salary increases for district judges.
1988—Salaries of judges continued at $82,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5.
1987—Salaries of judges increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.
Salaries of judges increased to $72,300 effective on first day of first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.
1985—Salaries of judges increased to $70,200 effective on first day of first pay period beginning on or after Jan. 1, 1985, by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5.
1984—Salaries of judges set at $67,800 effective on first day of first pay period beginning on or after Jan. 1, 1984, by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5.
1982—Salaries of judges set at $65,200 effective on first day of first pay period beginning on or after Oct. 1, 1982, by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of Pub. L. 97–276 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1982, which was $57,500.
Maximum rate payable after Dec. 17, 1982, increased from $57,500 to $65,200, see Pub. L. 97–377, title I, §129(b)–(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under section 5318 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97–276, as amended, set out as a note under section 5318 of Title 5.
1981—Salaries of judges increased to $74,300 effective on first day of first pay period beginning on or after Oct. 1, 1981, by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97–92, set out as a note under section 5318 of Title 5.
1980—Salaries of judges increased to $70,900 effective on first day of first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to Pub. L. 96–369 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1980, which was $60,662.50.
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96–536, as amended, set out as a note under section 5318 of Title 5.
1979—Salaries of judges increased to $65,000 effective on first day of first pay period beginning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96–86 funds appropriated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or office in effect on Sept. 30, 1978, which was $60,662.50.
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95–391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96–86, set out as a note under section 5318 of Title 5.
1978—Salaries of judges increased to $60,700 effective on first day of first pay period beginning on or after Oct. 1, 1978, by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12087 further provided that pursuant to the Legislative Branch Appropriation Act, 1979 [Pub. L. 95–391, title III, §304, Sept. 30, 1978, 92 Stat. 788, set out as a note under section 5318 of Title 5], funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $57,500.
1977—Salaries of judges increased to $57,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.
1976—Salaries of judges increased to $46,800 effective on first day of first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $44,600.
1969—Salaries of judges increased from $33,000 to $42,500 per annum, commencing Feb. 14, 1969, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.
1946—Salaries of chief judge and associate judges increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704, §1, 60 Stat. 716.
1926—Salary of Chief Justice, now chief judge, increased from $8,000 to $12,500 a year, and salaries of associate justices, now judges, increased from $7,500 to $12,500 a year by act Dec. 13, 1926, ch. 6, §1, 44 Stat. 919.
1919—Salary of Chief Justice increased from $6,500 to $8,000 a year, and salaries of associate justices increased from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29, §1, 40 Stat. 1156.
1911—Salary of chief justice set at $6,500, and salaries of associate justices set at $6,000 by Judicial Code of 1911, act Mar. 3, 1911, ch. 231, §1, 36 Stat. 1135.
§173. Times and places of holding court
The principal office of the United States Court of Federal Claims shall be in the District of Columbia, but the Court of Federal Claims may hold court at such times and in such places as it may fix by rule of court. The times and places of the sessions of the Court of Federal Claims shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the Court of Federal Claims with as little inconvenience and expense to citizens as is practicable.
(June 25, 1948, ch. 646, 62 Stat. 898; Mar. 2, 1955, ch. 9, §1(d), 69 Stat. 10; Pub. L. 88–426, title IV, §403(d), Aug. 14, 1964, 78 Stat. 434; Pub. L. 94–82, title II, §205(b)(4), Aug. 9, 1975, 89 Stat. 422; Pub. L. 97–164, title I, §105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, §902(a), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §241 (Mar. 3, 1911, ch. 231, §136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, §4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, §1, 44 Stat. 919; July 31, 1946, ch. 704, §1, 60 Stat. 716).
This section is based on part of section 241 of title 28, U.S.C., 1940 ed. That portion relating to number, appointment of judges and their oaths, is incorporated in sections 171 and 453 of this title.
A provision for monthly salary payments was omitted since time of payment is a matter for administrative determination. (See 20 Comp. Gen. 834.)
The term "chief judge" was substituted for "Chief Justice." (See reviser's note under section 136 of this title.)
Minor changes were made in phraseology.
Editorial Notes
Amendments
1992—Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court" and "Court of Federal Claims" for "Claims Court" in three places.
1982—Pub. L. 97–164 amended section generally, substituting provisions relating to times and places of holding court (formerly contained in section 174) for provisions relating to the tenure and salaries of judges of the Court of Claims. See section 172 of this title.
1975—Pub. L. 94–82 substituted provision that the chief judge and associate judges receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provision granting each such judge a salary of $33,000 a year.
1964—Pub. L. 88–426 increased salaries of judges from $25,500 to $33,000 a year.
1955—Act Mar. 2, 1955, increased salaries of judges from $17,500 to $25,500 a year.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under section 4501 of Title 2, The Congress.
§174. Assignment of judges; decisions
(a) The judicial power of the United States Court of Federal Claims with respect to any action, suit, or proceeding, except congressional reference cases, shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.
(b) All decisions of the Court of Federal Claims shall be preserved and open to inspection.
(June 25, 1948, ch. 646, 62 Stat. 898; Pub. L. 97–164, title I, §105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, §902(a), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §243 (Mar. 3, 1911, ch. 231, §138, 36 Stat. 1136).
This section is based on the first sentence of section 243 of title 28, U.S.C., 1940 ed. The remainder of said section is incorporated in section 175 of this title.
Words "the seat of government" were substituted for "the city of Washington" to conform to similar language respecting the Supreme Court. (See section 2 of this title.)
Words "to be fixed by rule of court" were added to provide greater flexibility in administering the business of the court. For similar provisions covering the district courts, see section 138 of this title.
Word "term" was substituted for "session" for uniformity.
Minor changes were made in phraseology.
Editorial Notes
Amendments
1992—Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court" in subsec. (a) and "Court of Federal Claims" for "Claims Court" in subsec. (b).
1982—Pub. L. 97–164 amended section generally, substituting provisions relating to assignment of judges (formerly contained in section 175) for provisions relating to terms of court. See section 173 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
§175. Official duty station; residence
(a) The official duty station of each judge of the United States Court of Federal Claims is the District of Columbia.
(b) After appointment and while in active service, each judge shall reside within fifty miles of the District of Columbia.
(c) Retired judges of the Court of Federal Claims are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which such judge customarily lives shall be deemed to be the judge's official duty station for the purposes of section 456 of this title.
(Added Pub. L. 89–425, §2, May 11, 1966, 80 Stat. 140; amended Pub. L. 97–164, title I, §105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, §902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106–518, title III, §307, Nov. 13, 2000, 114 Stat. 2419.)
Editorial Notes
Prior Provisions
A prior section 175, act June 25, 1948, ch. 646, 62 Stat. 898, required three judges of the Court of Claims to constitute a quorum and the concurrence of three judges for any decision, prior to repeal by section 2 of Pub. L. 89–425.
Amendments
2000—Subsec. (c). Pub. L. 106–518 added subsec. (c).
1992—Subsec. (a). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".
1982—Pub. L. 97–164 amended section generally, substituting provisions relating to the official duty station and residence of Claims Court judges for provisions relating to assignment of judges, divisions, hearings, quorums and decisions. See section 174 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
§176. Removal from office
(a) Removal of a judge of the United States Court of Federal Claims during the term for which he is appointed shall be only for incompetency, misconduct, neglect of duty, engaging in the practice of law, or physical or mental disability. Removal shall be by the United States Court of Appeals for the Federal Circuit, but removal may not occur unless a majority of all the judges of such court of appeals concur in the order of removal.
(b) Before any order of removal may be entered, a full specification of the charges shall be furnished to the judge involved, and such judge shall be accorded an opportunity to be heard on the charges.
(c) Any cause for removal of any judge of the United States Court of Federal Claims coming to the knowledge of the Director of the Administrative Office of the United States Courts shall be reported by him to the chief judge of the United States Court of Appeals for the Federal Circuit, and a copy of the report shall at the same time be transmitted to the judge.
(Added Pub. L. 97–164, title I, §105(a), Apr. 2, 1982, 96 Stat. 28; amended Pub. L. 102–572, title IX, §902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
Editorial Notes
Amendments
1992—Subsecs. (a), (c). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
§177. Disbarment of removed judges
A judge of the United States Court of Federal Claims removed from office in accordance with section 176 of this title shall not be permitted at any time to practice before the Court of Federal Claims.
(Added Pub. L. 97–164, title I, §105(a), Apr. 2, 1982, 96 Stat. 28; amended Pub. L. 102–572, title IX, §902(a), Oct. 29, 1992, 106 Stat. 4516.)
Editorial Notes
Amendments
1992—Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court" and "Court of Federal Claims" for "Claims Court".
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
§178. Retirement of judges of the Court of Federal Claims
(a) A judge of the United States Court of Federal Claims who retires from office after attaining the age and meeting the service requirements, whether continuously or otherwise, of this subsection shall, subject to subsection (f), be entitled to receive, during the remainder of the judge's lifetime, an annuity equal to the salary payable to Court of Federal Claims judges in regular active service. The age and service requirements for retirement under this subsection are as follows:
| Attained Age: | Years of Service: |
|---|
| 65 |
15 |
| 66 |
14 |
| 67 |
13 |
| 68 |
12 |
| 69 |
11 |
| 70 |
10. |
(b) A judge of the Court of Federal Claims who is not reappointed following the expiration of the term of office of such judge, and who retires upon the completion of such term shall, subject to subsection (f), be entitled to receive, during the remainder of such judge's lifetime, an annuity equal to the salary payable to Court of Federal Claims judges in regular active service, if—
(1) such judge has served at least 1 full term as judge of the Court of Federal Claims, and
(2) not earlier than 9 months before the date on which the term of office of such judge expired, and not later than 6 months before such date, such judge advised the President in writing that such judge was willing to accept reappointment as a judge of the Court of Federal Claims.
(c) A judge of the Court of Federal Claims who has served at least 5 years, whether continuously or otherwise, as such a judge, and who retires or is removed from office upon the sole ground of mental or physical disability shall, subject to subsection (f), be entitled to receive, during the remainder of the judge's lifetime—
(1) an annuity equal to 50 percent of the salary payable to Court of Federal Claims judges in regular active service, if before retirement such judge served less than 10 years, or
(2) an annuity equal to the salary payable to Court of Federal Claims judges in regular active service, if before retirement such judge served at least 10 years.
(d) A judge who retires under subsection (a) or (b) may, at or after such retirement, be called upon by the chief judge of the Court of Federal Claims to perform such judicial duties with the Court of Federal Claims as may be requested of the retired judge for any period or periods specified by the chief judge, except that in the case of any such judge—
(1) the aggregate of such periods in any one calendar year shall not (without his or her consent) exceed 90 calendar days; and
(2) he or she shall be relieved of performing such duties during any period in which illness or disability precludes the performance of such duties.
Any act, or failure to act, by an individual performing judicial duties pursuant to this subsection shall have the same force and effect as if it were the act (or failure to act) of a Court of Federal Claims judge in regular active service. Any individual performing judicial duties pursuant to this subsection shall receive the allowances for official travel and other expenses of a judge in regular active service.
(e)(1) Any judge who retires under the provisions of subsection (a) or (b) of this section shall be designated "senior judge".
(2) Any judge who retires under this section shall not be counted as a judge of the Court of Federal Claims for purposes of the number of judgeships authorized by section 171 of this title.
(f)(1) A judge shall be entitled to an annuity under this section if the judge elects an annuity under this section by notifying the Director of the Administrative Office of the United States Courts in writing. Such an election—
(A) may be made only while an individual is a judge of the Court of Federal Claims (except that in the case of an individual who fails to be reappointed as judge at the expiration of a term of office, such election may be made at any time before the day after the day on which his or her successor takes office); and
(B) once made, shall, subject to subsection (k), be irrevocable.
(2) A judge who elects to receive an annuity under this section shall not be entitled to receive—
(A) any annuity to which such judge would otherwise have been entitled under subchapter III of chapter 83, or under chapter 84 (except for subchapters III and VII), of title 5, for service performed as a judge or otherwise;
(B) an annuity or salary in senior status or retirement under section 371 or 372 of this title;
(C) retired pay under section 7447 of the Internal Revenue Code of 1986; or
(D) retired pay under section 7296 of title 38.
(g) For purposes of calculating the years of service of an individual under subsections (a) and (c), only those years of service as a judge of the Court of Federal Claims or a commissioner of the United States Court of Claims shall be credited, and that portion of the aggregate number of years of such service that is a fractional part of 1 year shall not be credited if it is less than 6 months, and shall be credited if it is 6 months or more.
(h) An annuity under this section shall be payable at the times and in the same manner as the salary of a Court of Federal Claims judge in regular active service. Such annuity shall begin to accrue on the day following the day on which the annuitant's salary as a judge in regular active service ceases to accrue.
(i)(1) Payments under this section which would otherwise be made to a judge of the Court of Federal Claims based upon his or her service shall be paid (in whole or in part) by the Director of the Administrative Office of the United States Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person.
(2) Paragraph (1) shall apply only to payments made by the Director of the Administrative Office of the United States Courts after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information as the Director may prescribe.
(3) As used in this subsection, the term "court" means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or court of Indian offense.
(j)(1) Subject to paragraph (4), any judge of the Court of Federal Claims who retires under this section and who thereafter in the practice of law represents (or supervises or directs the representation of) a client in making any civil claim against the United States or any agency thereof shall forfeit all rights to an annuity under this section for all periods beginning on or after the first day on which he engages in any such activity.
(2) Subject to paragraph (4), if a judge of the Court of Federal Claims who retires under this section fails during any calendar year to perform judicial duties required of such judge by subsection (d), such judge shall forfeit all rights to an annuity under this section for the 1-year period which begins on the first day on which he or she so fails to perform such duties.
(3) If a judge of the Court of Federal Claims who retires under this section accepts compensation for civil office or employment under the Government of the United States (other than for the performance of judicial duties under subsection (d)), such judge shall forfeit all rights to an annuity under this section for the period for which such compensation is received.
(4)(A) If a judge makes an election under this paragraph—
(i) paragraphs (1) and (2) (and subsection (d)) shall not apply to such judge beginning on the date such election takes effect, and
(ii) the annuity payable under this section to such judge, for periods beginning on or after the date such election takes effect, shall be equal to the annuity to which such judge is entitled on the day before such effective date.
(B) An election under subparagraph (A)—
(i) may be made by a judge only if such judge meets the age and service requirements for retirement under subsection (a),
(ii) may be made only during the period during which such judge may make an election to receive an annuity under this section or while the judge is receiving an annuity under this section, and
(iii) shall be filed with the Director of the Administrative Office of the United States Courts.
Such an election, once it takes effect, shall be irrevocable.
(C) Any election under this paragraph shall take effect on the first day of the first month following the month in which the election is made.
(k)(1) Notwithstanding subsection (f)(1)(B), an individual who has filed an election under subsection (f) to receive an annuity may revoke such election at any time before the first day on which such annuity would (but for such revocation) begin to accrue with respect to such individual.
(2) Any revocation under this subsection shall be made by filing a notice thereof in writing with the Director of 1 Administrative Office of the United States Courts.
(3) In the case of any revocation under this subsection—
(A) for purposes of this section, the individual shall be treated as not having filed an election under subsection (f) to receive an annuity,
(B) for purposes of section 376 of this title—
(i) the individual shall be treated as not having filed an election under section 376(a)(1), and
(ii) section 376(g) shall not apply, and the amount credited to such individual's account (together with interest at 3 percent per annum, compounded on December 31 of each year to the date on which the revocation is filed) shall be returned to such individual,
(C) no credit shall be allowed for any service as a judge of the Court of Federal Claims or as a commissioner of the United States Court of Claims unless with respect to such service either there has been deducted and withheld the amount required by chapter 83 or 84 (as the case may be) of title 5 or there has been deposited in the Civil Service Retirement and Disability Fund an amount equal to the amount so required, with interest,
(D) the Court of Federal Claims shall deposit in the Civil Service Retirement and Disability Fund an amount equal to the additional amount it would have contributed to such Fund but for the election under subsection (f), and
(E) if subparagraph (D) is complied with, service on the Court of Federal Claims or as a commissioner of the United States Court of Claims shall be treated as service with respect to which deductions and contributions had been made during the period of service.
(l)(1) There is established in the Treasury a fund which shall be known as the "Court of Federal Claims Judges Retirement Fund". The Fund is appropriated for the payment of annuities and other payments under this section.
(2) The Secretary of the Treasury shall invest, in interest bearing securities of the United States, such currently available portions of the Court of Federal Claims Judges Retirement Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund.
(3)(A) There are authorized to be appropriated to the Court of Federal Claims Judges Retirement Fund amounts required to reduce to zero the unfunded liability of the Fund.
(B) For purposes of subparagraph (A), the term "unfunded liability" means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31, of the present value of all benefits payable from the Court of Federal Claims Judges Retirement Fund, over the balance in the Fund as of the date the unfunded liability is determined. In making any determination under this subparagraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31, with respect to the retirement annuities provided for in this section.
(C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(Added Pub. L. 101–650, title III, §306(a)(1), Dec. 1, 1990, 104 Stat. 5105; amended Pub. L. 102–40, title IV, §402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102–198, §7(a), Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102–572, title IX, §902(a), Oct. 29, 1992, 106 Stat. 4516.)
Editorial Notes
References in Text
Section 7447 of the Internal Revenue Code of 1986, referred to in subsec. (f)(2)(C), is classified to section 7447 of Title 26, Internal Revenue Code.
Amendments
1992—Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court" in subsec. (a) and "Court of Federal Claims" for "Claims Court" in section catchline and wherever appearing in text.
1991—Subsec. (f)(2)(A). Pub. L. 102–198, §7(a)(1), inserted "(except for subchapters III and VII)" after "chapter 84".
Subsec. (f)(2)(D). Pub. L. 102–40 substituted "section 7296 of title 38" for "section 4096 of title 38".
Subsec. (j)(1). Pub. L. 102–198, §7(a)(2)(A), substituted "paragraph (4)" for "paragraph (2)" and "engages in any such activity" for "so practices law".
Subsec. (j)(2). Pub. L. 102–198, §7(a)(2)(B), substituted "Subject to paragraph (4), if" for "If".
Subsec. (j)(3). Pub. L. 102–198, §7(a)(2)(C), inserted "for" after "(other than".
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date
Section applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L. 101–650, as amended, set out as an Effective Date of 1990 Amendment note under section 8331 of Title 5, Government Organization and Employees.
§179. Personnel application and insurance programs
(a) For purposes of construing and applying title 5, a judge of the United States Court of Federal Claims shall be deemed to be an "officer" under section 2104(a) of such title.
(b)(1)(A) For purposes of construing and applying chapter 89 of title 5, a judge of the United States Court of Federal Claims who—
(i) is retired under subsection (b) of section 178 of this title, and
(ii) at the time of becoming such a retired judge—
(I) was enrolled in a health benefits plan under chapter 89 of title 5, but
(II) did not satisfy the requirements of section 8905(b)(1) of title 5 (relating to eligibility to continue enrollment as an annuitant),
shall be deemed to be an annuitant meeting the requirements of section 8905(b)(1) of title 5, in accordance with the succeeding provisions of this paragraph, if the judge gives timely written notification to the chief judge of the court that the judge is willing to be called upon to perform judicial duties under section 178(d) of this title during the period of continued eligibility for enrollment, as described in subparagraph (B)(ii) or (C)(ii) (whichever applies).
(B) Except as provided in subparagraph (C)—
(i) in order to be eligible for continued enrollment under this paragraph, notification under subparagraph (A) shall be made before the first day of the open enrollment period preceding the calendar year referred to in clause (ii)(II); and
(ii) if such notification is timely made, the retired judge shall be eligible for continued enrollment under this paragraph for the period—
(I) beginning on the date on which eligibility would otherwise cease, and
(II) ending on the last day of the calendar year next beginning after the end of the open enrollment period referred to in clause (i).
(C) For purposes of applying this paragraph for the first time in the case of any particular judge—
(i) subparagraph (B)(i) shall be applied by substituting "the expiration of the term of office of the judge" for the matter following "before"; and
(ii)(I) if the term of office of such judge expires before the first day of the open enrollment period referred to in subparagraph (B)(i), the period of continued eligibility for enrollment shall be as described in subparagraph (B)(ii); but
(II) if the term of office of such judge expires on or after the first day of the open enrollment period referred to in subparagraph (B)(i), the period of continued eligibility shall not end until the last day of the calendar year next beginning after the end of the next full open enrollment period beginning after the date on which the term expires.
(2) In the event that a retired judge remains enrolled under chapter 89 of title 5 for a period of 5 consecutive years by virtue of paragraph (1) (taking into account only periods of coverage as an active judge immediately before retirement and as a retired judge pursuant to paragraph (1)), then, effective as of the day following the last day of that 5-year period—
(A) the provisions of chapter 89 of title 5 shall be applied as if such judge had satisfied the requirements of section 8905(b)(1) 1 on the last day of such period; and
(B) the provisions of paragraph (1) shall cease to apply.
(3) For purposes of this subsection, the term "open enrollment period" refers to a period described in section 8905(g)(1) of title 5.
(c) For purposes of construing and applying chapter 87 of title 5, including any adjustment of insurance rates by regulation or otherwise, a judge of the United States Court of Federal Claims in regular active service or who is retired under section 178 of this title shall be deemed to be a judge of the United States described under section 8701(a)(5) of title 5.
(Added Pub. L. 106–518, title III, §309(a), Nov. 13, 2000, 114 Stat. 2419.)
Section, added Pub. L. 102–572, title IX, §903(a), Oct. 29, 1992, 106 Stat. 4517, related to military retirement pay for retired judges.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 1 [[div. A], title VI, §654(c)] of Pub. L. 106–398, set out as an Effective Date of 2000 Amendment note under section 371 of this title.
[CHAPTER 9—REPEALED]
Section 211, acts June 25, 1948, ch. 646, 62 Stat. 899; Aug. 25, 1958, Pub. L. 85–755, §1, 72 Stat. 848, provided for creation of United States Court of Customs and Patent Appeals under article III of the United States Constitution and for appointment of a chief judge and four associate judges for that court.
Section 212, act June 25, 1948, ch. 646, 62 Stat. 899, provided for order of precedence of chief judge and associate judges of court.
Section 213, acts June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2, 1955, ch. 9, §1(e), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88–426, title IV, §403(e), 78 Stat. 434; Aug. 9, 1975, Pub. L. 94–82, title II, §205(b)(5), 89 Stat. 422, provided for tenure and salaries of judges.
Section 214, act June 25, 1948, ch. 646, 62 Stat. 899, authorized court to hold court at such times and places as it might fix by rule.
Section 215, act June 25, 1948, ch. 646, 62 Stat. 899, provided that three judges of court constituted a quorum and that concurrence of three judges was necessary to any decision.
Section 216, act June 25, 1948, ch. 646, 62 Stat. 899, provided for filing of written opinions by Court of Customs and Patent Appeals on appeals from decisions of Patent Office and recording of those opinions in Patent Office.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
Transfer of Matters and Petitions Pending in United States Court of Customs and Patent Appeals on October 1, 1982
For provisions that any matter pending before the United States Court of Customs and Patent Appeals on Oct. 1, 1982, and that any petition for rehearing, reconsideration, alteration, modification, or other change in any decision of the United States Court of Customs and Patent Appeals rendered prior to Oct. 1, 1982, that has not been determined on that date or that is filed after that date, be determined by the United States Court of Appeals for the Federal Circuit, see section 403(b), (c) of Pub. L. 97–164, formerly set out as a note under section 171 of this title.
CHAPTER 11—COURT OF INTERNATIONAL TRADE
251.
Appointment and number of judges; offices.
252.
Tenure and salaries of judges.
253.
Duties of chief judge.
256.
Trials at ports other than New York.
257.
Publication of decisions.
258.
Chief judges; precedence of judges.
Historical and Revision Notes
The "Board of General Appraisers" was designated "United States Customs Court" by act May 28, 1926, ch. 411, §1, 44 Stat. 669. General provisions concerning such court were incorporated in section 1518 of title 19, U.S.C., 1940 ed., Customs Duties, until amended by act October 10, 1940, ch. 843, §1, 54 Stat. 1101, adding a new section to the Judicial Code of 1911, when they were transferred to section 296 of title 28, U.S.C., 1940 ed. They are retained in title 28 by this revision.
In this connection former Congressman Walter Chandler said, "Among the major subjects needing study and revision are special courts, such as the Customs Court, which should be fitted into the judicial system." (See U.S. Law Weekly, Nov. 7, 1939.)
History of Court
The United States Customs Court [now Court of International Trade] as "constituted on June 17, 1930", consisted of nine members as provided by act Sept. 21, 1922, ch. 356, title IV, §518, 42 Stat. 972, which established the Board of General Appraisers, designated the "United States Customs Court" by act May 28, 1926, ch. 411, §1, 44 Stat. 669.
Provisions similar to these were contained in act Sept. 21, 1922, ch. 356, title IV, §518, 42 Stat. 972. That section was superseded by section 518 of the Tariff Act of 1930, and was repealed by section 651 (a)(1) of said 1930 act.
The sentence in the former first paragraph as to sitting in a case previously participated in, is from act Aug. 5, 1909, ch. 6, §28, 36 Stat. 98, which combined and amended Customs Administrative Act June 10, 1890, ch. 407, §12, 26 Stat. 136, and section 31, as added by act May 27, 1908, ch. 205, 35 Stat. 406. Section 12 of the act of 1890 was expressly saved from repeal by act Sept. 21, 1922, ch. 356, title IV, §643, 42 Stat. 989, and prior acts, but its provisions, other than the sentence above mentioned, were omitted from the Code.
Provisions for the review of decisions of Boards of General Appraisers by the Circuit Courts, made by section 15 of the Customs Administrative Act of June 10, 1890, ch. 407, were superseded by provisions for such review by the Court of Customs Appeals created by section 29 added to that act by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6. The provisions of said new section 29 were incorporated in and superseded by chapter 8 of the Judicial Code of March 3, 1911, incorporated into the Code as former chapter 8 of Title 28, Judicial Code and Judiciary.
R.S. §2608 provided for the appointment of four appraisers of merchandise, to be employed in visiting ports of entry under the direction of the Secretary of the Treasury, and to assist in the appraisement of merchandise as might be deemed necessary by the Secretary to protect and insure uniformity in the collection of the revenue from customs. It was repealed by act June 10, 1890, ch. 407, §29, 26 Stat. 141.
R.S. §2609 provided for the appointment of merchant appraisers. R.S. §2610 made every merchant refusing to serve as such appraiser liable to a penalty. Both sections were superseded by the provisions relating to appraisers and appraisements of the Customs Administrative Act of June 10, 1890, ch. 407, 26 Stat. 131, and subsequent acts, and were repealed by act Sept. 21, 1922, ch. 356, title IV, §642, 42 Stat. 989.
R.S. §2945, which contained a provision similar to that of R.S. §2610, was repealed, without mention of section 2610, by said Customs Administrative Act of June 10, 1890, ch. 407, §29, 26 Stat. 141, and was again repealed by act Sept. 21, 1922, ch. 356, §642, 42 Stat. 989.
R.S. §2725, which prescribed the compensation of merchant appraisers, and section 2726, which prescribed the salary of the general appraiser at New York, were superseded by the provisions relating to general appraisers and appraisers made by the Customs Administrative Act of June 10, 1890, ch. 407, §§12, 13, 26 Stat. 136, as amended by the Payne-Aldrich Act of Aug. 5, 1909, ch. 6, §28.
R.S. §2727 fixed the salary of the four general appraisers at the sum of $2,500 a year each, and their actual traveling expenses. It was repealed by act Feb. 27, 1877, ch. 69, 19 Stat. 246.
Editorial Notes
Amendments
1996—Pub. L. 104–317, title V, §501(b)(3), Oct. 19, 1996, 110 Stat. 3856, substituted "Duties of chief judge" for "Duties of chief judge; precedence of judges" in item 253 and added item 258.
1980—Pub. L. 96–417, title V, §501(2), Oct. 10, 1980, 94 Stat. 1742, substituted "COURT OF INTERNATIONAL TRADE" for "CUSTOMS COURT" in chapter heading.
1970—Pub. L. 91–271, title I, §123(a), June 2, 1970, 84 Stat. 282, substituted "Single-judge trial" for "Divisions; powers and assignments" in item 254 and "Three-judge trials" for "Publication of decisions" in item 255 and added items 256 and 257.
§251. Appointment and number of judges; offices
(a) The President shall appoint, by and with the advice and consent of the Senate, nine judges who shall constitute a court of record to be known as the United States Court of International Trade. Not more than five of such judges shall be from the same political party. The court is a court established under article III of the Constitution of the United States.
(b) The offices of the Court of International Trade shall be located in New York, New York.
(June 25, 1948, ch. 646, 62 Stat. 899; July 14, 1956, ch. 589, §1, 70 Stat. 532; Pub. L. 96–417, title I, §101, Oct. 10, 1980, 94 Stat. 1727; Pub. L. 104–317, title V, §501(b)(1), Oct. 19, 1996, 110 Stat. 3856.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §296 (Mar. 3, 1911, ch. 231, §187(a), as added Oct. 10, 1940, ch. 843, §1, 54 Stat. 1101).
This section contains only a part of section 296 of title 28, U.S.C., 1940 ed. Other provisions of such section are incorporated in sections 252, 253, 254, 455, 1581, 2071, 2639, and 2640 of this title.
The provision that vacancies should be filled by appointment of the President and confirmed by the Senate was omitted as unnecessary in view of the language of the revised section.
Words "a court of record known as" were added. (See Reviser's Note under section 171 of this title.)
The term "chief judge" was substituted for "presiding judge." (See reviser's note under section 136 of this title.)
The provisions of such section 296 of title 28, U.S.C., 1940 ed., relating to assignment and powers of retired judges were omitted as covered by sections 294 and 296 of this title.
Changes in phraseology were made.
Editorial Notes
Amendments
1996—Subsecs. (b), (c). Pub. L. 104–317 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "The President shall designate one of the judges of the Court of International Trade who is less than seventy years of age to serve as chief judge. The chief judge shall continue to serve as chief judge until he reaches the age of seventy years and another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court."
1980—Subsec. (a). Pub. L. 96–417 incorporated first par. in provisions designated subsec. (a), redesignated the United States Customs Court as the United States Court of International Trade, and deleted "appointed" before "shall be".
Subsec. (b). Pub. L. 96–417 added subsec. (b) and struck out a second paragraph requiring the President to designate from time to time one of the judges to act as chief judge.
Subsec. (c). Pub. L. 96–417 designated third par. as subsec. (c) and substituted "Court of International Trade" for "court" and "located in New York, New York" for "located at the port of New York".
1956—Act July 14, 1956, declared the Customs Court to be a court established under article III of the Constitution of the United States.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Pub. L. 96–417, title VII, §701, Oct. 10, 1980, 94 Stat. 1747, as amended by Pub. L. 96–542, §1, Dec. 17, 1980, 94 Stat. 3209, provided that:
"(a) Except as otherwise provided in this section, the provisions of and amendments made by this Act [see section 1 of Pub. L. 96–417, set out as a Short Title of 1980 Amendment note under section 1 of this title] shall take effect on November 1, 1980 and shall apply with respect to civil actions pending on or commenced on or after such date.
"(b)(1) The following sections of title 28, United States Code, shall apply with respect to civil actions commenced on or after the effective date of this Act [Nov. 1, 1980]:
"(A) Sections 1581(d), 1581(g), 1581(h), 1581(i), and 1583, as amended by section 201 of this Act.
"(B) Sections 2631(d), 2631(g), 2631(h), 2631(i), 2631(j), 2632(a), 2635, 2636, 2637(c), 2639(b), 2640(a)(5), 2640(c), 2640(d), 2643(a), 2643(c)(2), 2643(c)(4), and 2644, as amended by section 301 of this Act.
"(C) Section 1876, as added by section 302(a) of this Act.
"(D) Sections 2601 and 2602, as amended by section 403 of this Act.
"(E) Section 1919, as amended by section 510 of this Act.
"(F) Section 1963A, as added by section 511(a) of this Act.
"(2) Sections 337(c) and 641(b) of the Tariff Act of 1930 [19 U.S.C. 1337(c) and 1641(b)], as amended by sections 604 and 611 of this Act, shall apply with respect to civil actions commenced on or after the effective date of this Act.
"(3) Section 284 of the Trade Act of 1974 [19 U.S.C. 2395], as added by section 613 of this Act, shall apply with respect to civil actions commenced on or after the effective date of this Act.
"(c)(1) The following sections of title 28, United States Code, shall apply with respect to civil actions commenced on or after the 90th day after the effective date of this Act [Nov. 1, 1980]:
"(A) Sections 1582, 2639(a)(2), and 2640(a)(6), as amended by sections 201 and 301 of this Act.
"(B) Sections 1352, 1355, and 1356, as amended by sections 506, 507, and 508 of this Act.
"(2) Section 592(e) of the Tariff Act of 1930 [19 U.S.C. 1592(e)], as amended by section 609 of this Act, shall apply with respect to civil actions commenced on or after 90th day after the effective date of this Act."
[Amendment of section 701 of Pub. L. 96–417, set out above, by Pub. L. 96–542 effective as of Nov. 1, 1980, see section 3 of Pub. L. 96–542, set out as a note under section 1516a of Title 19, Customs Duties.]
References to Certain Courts Deemed References to the United States Court of International Trade
Pub. L. 96–417, title VII, §702, Oct. 10, 1980, 94 Stat. 1748, provided that: "Any reference in any statute or regulation of the United States to the United States Customs Court, the U.S. Customs Court, or the Customs Court shall be deemed to be a reference to the United States Court of International Trade."
Effect on Customs Court Judges
Pub. L. 96–417, title VII, §703, Oct. 10, 1980, 94 Stat. 1748, provided that:
"(a) Except as provided in subsection (b) of this section, the amendments made by title I of this Act [amending this section and section 293 of this title] shall not affect the status of any individual serving as judge or chief judge of the Customs Court on the date of enactment of this Act [Oct. 10, 1980].
"(b) The requirement that a person may not continue to serve as chief judge of the Court of International Trade after having reached the age of seventy years, as set forth in the amendment made by section 101 of this Act [amending this section], shall apply to any individual serving as chief judge on or after the date of enactment of this Act [Oct. 10, 1980]."
Effect on Pending Cases
Pub. L. 96–417, title VII, §704, Oct. 10, 1980, 94 Stat. 1748, provided that: "Nothing in this Act [see section 1 of Pub. L. 96–417, set out as a Short Title of 1980 Amendment note under section 1 of this title] shall cause the dismissal of any action commenced prior to the date of enactment of this Act [Oct. 10, 1980] under jurisdictional statutes relating to the Customs Court or the Court of Customs and Patent Appeals as in effect immediately prior to such date of enactment [Oct. 10, 1980]."
Tennessee Valley Authority Legal Representation
Pub. L. 96–417, title VII, §705, Oct. 10, 1980, 94 Stat. 1748, provided that: "Nothing in this Act [see section 1 of Pub. L. 96–417, set out as a Short Title of 1980 Amendment note under section 1 of this title] affects the authority of the Tennessee Valley Authority under the Tennessee Valley Authority Act of 1933 [16 U.S.C. 831 et seq.] to represent itself by attorneys of its choosing."
Limitation or Alteration of Jurisdiction
Act July 14, 1956, ch. 589, §4, 70 Stat. 532, provided that: "Nothing contained in this Act [amending this section and sections 292, 293, and 295 of this title] shall be construed in any way to limit or alter the jurisdiction heretofore conferred upon the United States Customs Court [now Court of International Trade] by any provision of law."
Continuation of Organization of Court
Act June 25, 1948, ch. 646, §2(b), 62 Stat. 985, provided in part that the provisions of this title as set out in section 1 of act June 25, 1948, with respect to the organization of the court, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees, in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title, pursuant to his prior appointment.
§252. Tenure and salaries of judges
Judges of the Court of International Trade shall hold office during good behavior. Each shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title.
(June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2, 1955, ch. 9, §1(f), 69 Stat. 10; Pub. L. 88–426, title IV, §403(f), Aug. 14, 1964, 78 Stat. 434; Pub. L. 94–82, title II, §205(b)(6), Aug. 9, 1975, 89 Stat. 423; Pub. L. 96–417, title V, §502, Oct. 10, 1980, 94 Stat. 1742.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §296 (Mar. 3, 1911, ch. 231, §187(a), as added Oct. 10, 1940, ch. 843, §1, 54 Stat. 1101; July 31, 1946, ch. 704, §1, 60 Stat. 716).
This section contains a part of section 296 of title 28, U.S.C., 1940 ed., Other provisions of such section are incorporated in sections 251, 253, 254, 456, 1581, 2071, 2639, and 2640 of this title.
A provision exempting judge's salaries from section 1790 of the Revised Statutes was omitted, as such section was repealed by act Aug. 26, 1935, ch. 689, §1, 49 Stat. 864.
A provision for monthly salary payments was omitted since time of payment is a matter for administrative determination.
Changes were made in phraseology.
Editorial Notes
References in Text
Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90–206, Dec. 16, 1967, 81 Stat. 642, which is classified to chapter 11 (§351 et seq.) of Title 2, The Congress.
Amendments
1980—Pub. L. 96–417 substituted "Judges of the Court of International Trade" for "Judge of the Customs Court".
1975—Pub. L. 94–82 substituted provision that each judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provision that each judge shall receive a salary of $30,000 a year.
1964—Pub. L. 88–426 increased salaries of judges from $22,500 to $30,000 a year.
1955—Act Mar. 2, 1955, increased salaries of judges from $15,000 to $22,500 a year.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under section 4501 of Title 2, The Congress.
Statutory Notes and Executive Documents
Salary Increases
For adjustment of salaries of judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.
For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress.
For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees.
Salaries of presiding judge and associate judges increased from $10,000 to $15,000 a year by act July 31, 1946, ch. 704, §1, 60 Stat. 716.
Salaries of presiding judge and associate judges increased from $9,000 to $10,000 a year by the Tariff Act of 1930, act June 17, 1930, ch. 497, title IV, §518, 46 Stat. 737.
§253. Duties of chief judge
(a) The chief judge of the Court of International Trade, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court; 1
(b) The chief judge shall promulgate dockets.
(c) The chief judge, under rules of the court, may designate any judge or judges of the court to try any case and, when the circumstances so warrant, reassign the case to another judge or judges.
(June 25, 1948, ch. 646, 62 Stat. 900; Pub. L. 86–243, §3, Sept. 9, 1959, 73 Stat. 474; Pub. L. 91–271, title I, §105, June 2, 1970, 84 Stat. 276; Pub. L. 96–417, title V, §501(3), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 104–317, title V, §501(b)(2), Oct. 19, 1996, 110 Stat. 3856.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §296 (Mar. 3, 1911, ch. 231, §187(a), as added Oct. 10, 1940, ch. 843, §1, 54 Stat. 1101).
This section contains a part of section 296 of title 28, U.S.C., 1940 ed. Other provisions of such section are incorporated in sections 251, 252, 254, 456, 1581, 2071, 2639, and 2640 of this title.
Provision respecting recommendations for appointment, promotions, or otherwise affecting such clerical force, was omitted as unnecessary in view of section 871 of this title.
The second paragraph is partly new and conforms with similar provisions of section 136(e) of this title, relating to the chief judges of district courts.
The term "chief judge" was substituted for "presiding judge." (See Reviser's Note under section 136 of this title.)
Changes were made in phraseology and arrangement.
Editorial Notes
Amendments
1996—Pub. L. 104–317 struck out "; precedence of judges" after "chief judge" in section catchline and struck out subsecs. (d) and (e) which read as follows:
"(d) Whenever the chief judge is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the judge next in precedence who is able to act, until such disability is removed or another chief judge is appointed and duly qualified.
"(e) The chief judge shall have precedence and shall preside at any session which he attends. Other judges shall have precedence and shall preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age."
1980—Subsec. (a). Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
1970—Pub. L. 91–271 reorganized existing provisions into lettered subsecs. (a) to (e) and made minor changes in phraseology.
1959—Pub. L. 86–243 required the chief judge to supervise the fiscal affairs and clerical force of the court, with the approval of the court.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–271 effective Oct. 1, 1970, see section 122 of Pub. L. 91–271, set out as a note under section 256 of this title.
Savings Provision
Amendment by Pub. L. 86–243 not to deprive Customs Court [now Court of International Trade] officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86–243, set out as a note under section 871 of this title.
§254. Single-judge trials
Except as otherwise provided in section 255 of this title, the judicial power of the Court of International Trade with respect to any action, suit or proceeding shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.
(June 25, 1948, ch. 646, 62 Stat. 900; May 24, 1949, ch. 139, §66, 63 Stat. 99; Pub. L. 91–271, title I, §106, June 2, 1970, 84 Stat. 277; Pub. L. 96–417, title V, §501(4), Oct. 10, 1980, 94 Stat. 1742.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §296 (Mar. 3, 1911, ch. 231, 187(a), as added Oct. 10, 1940, ch. 843, §1, 54 Stat. 1101).
This section contains a part of section 296 of title 28, U.S.C., 1940 ed. Other provisions of such section are incorporated in sections 251, 252, 253, 456, 1581, 2071, 2639, and 2640 of this title.
Words "when in the opinion of such division or judge the ends of justice so require," which followed the phrase "grant a rehearing or retrial," were omitted as surplusage.
The term "chief judge" was substituted for "presiding judge." (See reviser's note under section 136 of this title.)
The phrase "petitions for remission of additional duties" was added to the first paragraph at the suggestion of the court to conform to existing practice.
Reappraisement appeals are heard by a single judge and reviewed by a division. (See sections 2631 and 2636 of this title.)
The provision of section 296 of title 28, U.S.C., 1940 ed., that the presiding judge shall designate one of the three judges of a division to preside over such division was omitted as in conflict with section 253 of this title (also taken from section 296 of title 28 U.S.C., 1940 ed.), which provides that judges shall preside according to the seniority of their commissions. The latter provision is in accord with present practice.
Changes were made in arrangement and phraseology.
1949 Act
This amendment clarifies section 254 of title 28, U.S.C., by restoring language of the original law.
Editorial Notes
Prior Provisions
Provisions similar to those relating to the assignment of judges to hear and determine cases, and provisions similar to those authorizing the chief judge to designate judges to hear and determine cases within the jurisdiction of the United States, formerly contained in this section, are covered by sections 255 and 256 of this title, respectively.
Amendments
1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
1970—Pub. L. 91–271 substituted in section catchline "Single-judge trials" for "Divisions; powers and assignments" and substituted provisions in text requiring the judicial power of the Customs Court with respect to any action, suit, or proceeding to be exercised by a single judge, for provisions setting forth the powers of the chief judge of the Customs Court with respect to the organization of such Court into divisions, and the assignment of judges to hear and determine pending cases.
1949—Act May 24, 1949, inserted "to hear or" before "to hear and determine" in third par.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–271 effective Oct. 1, 1970, see section 122 of Pub. L. 91–271, set out as a note under section 256 of this title.
§255. Three-judge trials
(a) Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Court of International Trade shall designate any three judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of the customs laws.
(b) A majority of the three judges designated may hear and determine the civil action and all questions pending therein.
(Added Pub. L. 91–271, title I, §108, June 2, 1970, 84 Stat. 277; amended Pub. L. 96–417, title V, §501(5), Oct. 10, 1980, 94 Stat. 1742.)
Editorial Notes
Prior Provisions
A prior section 255 was renumbered section 257 of this title.
Amendments
1980—Subsec. (a). Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
Effective Date
Section effective Oct. 1, 1970, see section 122 of Pub. L. 91–271, set out as a note under section 256 of this title.
§256. Trials at ports other than New York
(a) The chief judge may designate any judge or judges of the court to proceed, together with necessary assistants, to any port or to any place within the jurisdiction of the United States to preside at a trial or hearing at the port or place.
(b) Upon application of a party or upon his own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge may issue an order authorizing a judge of the court to preside in an evidentiary hearing in a foreign country whose laws do not prohibit such a hearing: Provided, however, That an interlocutory appeal may be taken from such an order pursuant to the provisions of section 1292(d)(1) of this title, and the United States Court of Appeals for the Federal Circuit may, in its discretion, consider the appeal.
(Added Pub. L. 91–271, title I, §109, June 2, 1970, 84 Stat. 277; amended Pub. L. 97–164, title I, §107, Apr. 2, 1982, 96 Stat. 28.)
Editorial Notes
Amendments
1982—Subsec. (b). Pub. L. 97–164 substituted "section 1292(d)(1) of this title, and the United States Court of Appeals for the Federal Circuit may, in its discretion, consider the appeal" for "section 1541(b) of this title, subject to the discretion of the Court of Customs and Patent Appeals as set forth in that section".
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date
Pub. L. 91–271, title I, §122, June 2, 1970, 84 Stat. 281, provided that:
"(a) This title [see Short Title of 1970 Amendment note set out under section 1 of this title] shall become effective on October 1, 1970, and shall thereafter apply to all actions and proceedings in the Customs Court and the Court of Customs and Patent Appeals except those involving merchandise entered before the effective date for which trial has commenced by such effective date.
"(b) An appeal for reappraisement timely filed with the Bureau of Customs before the effective date, but as to which trial has not commenced by such date, shall be deemed to have had a summons timely and properly filed under this title. When the judgment or order of the United States Customs Court has become final in this appeal, the papers shall be returned to the appropriate customs officer to decide any remaining matters relating to the entry in accordance with section 500 of the Tariff Act of 1930, as amended [section 1500 of Title 19, Customs Duties]. A protest or summons filed after final decision on an appeal for reappraisement shall not include issues which were raised or could have been raised on the appeal for reappraisement.
"(c) A protest timely filed with the Bureau of Customs before the effective date of enactment of this Act [June 2, 1970], which is disallowed before that date, and as to which trial has not commenced by such date, shall be deemed to have had a summons timely and properly filed under this title.
"(d) All other provisions of this Act [see Short Title notes set out under section 1 of this title and section 1500 of Title 19] shall apply to appeals and disallowed protests deemed to have had summonses timely and properly filed under this section."
§257. Publication of decisions
All decisions of the Court of International Trade shall be preserved and open to inspection. The court shall forward copies of each decision to the Secretary of the Treasury or his designee and to the appropriate customs officer for the district in which the case arose. The Secretary shall publish weekly such decisions as he or the court may designate and abstracts of all other decisions.
(June 25, 1948, ch. 646, 62 Stat. 900, §255; renumbered §257 and amended Pub. L. 91–271, title I, §107, June 2, 1970, 84 Stat. 277; Pub. L. 96–417, title V, §501(6), Oct. 10, 1980, 94 Stat. 1742.)
Historical and Revision Notes
Based on section 1519 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, §519, 46 Stat. 739).
Changes in phraseology were made.
Editorial Notes
Amendments
1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
1970—Pub. L. 91–271 inserted "or his designee" after "Secretary of the Treasury," and substituted "to the appropriate customs officer" for "the collector".
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–271 effective Oct. 1, 1970, see section 122 of Pub. L. 91–271, set out as an Effective Date note under section 256 of this title.
§258. Chief judges; precedence of judges
(a)(1) The chief judge of the Court of International Trade shall be the judge of the court in regular active service who is senior in commission of those judges who—
(A) are 64 years of age or under;
(B) have served for 1 year or more as a judge of the court; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no judge of the court meets the qualifications under paragraph (1), the youngest judge in regular active service who is 65 years of age or over and who has served as a judge of the court for 1 year or more shall act as the chief judge.
(B) In any case under subparagraph (A) in which there is no judge of the court in regular active service who has served as a judge of the court for 1 year or more, the judge of the court in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge.
(3)(A) Except as provided under subparagraph (C), the chief judge serving under paragraph (1) shall serve for a term of 7 years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge.
(B) Except as provided under subparagraph (C), a judge of the court acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge meets the qualifications under paragraph (1).
(C) No judge of the court may serve or act as chief judge of the court after attaining the age of 70 years unless no other judge is qualified to serve as chief judge under paragraph (1) or is qualified to act as chief judge under paragraph (2).
(b) The chief judge shall have precedence and preside at any session of the court which such judge attends. Other judges of the court shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.
(c) If the chief judge desires to be relieved of the duties as chief judge while retaining active status as a judge of the court, the chief judge may so certify to the Chief Justice of the United States, and thereafter the chief judge of the court shall be such other judge of the court who is qualified to serve or act as chief judge under subsection (a).
(d) If a chief judge is temporarily unable to perform the duties as such, such duties shall be performed by the judge of the court in active service, able and qualified to act, who is next in precedence.
(Added Pub. L. 104–317, title V, §501(a), Oct. 19, 1996, 110 Stat. 3855.)
Statutory Notes and Related Subsidiaries
Continuance of Position of Chief Judge
Pub. L. 104–317, title V, §501(c), Oct. 19, 1996, 110 Stat. 3856, provided that:
"(1) Notwithstanding the provisions of section 258(a) of title 28, United States Code (as added by subsection (a) of this section), the chief judge of the United States Court of International Trade who is in office on the day before the date of enactment of this Act [Oct. 19, 1996] shall continue to be such chief judge on or after such date until any one of the following events occurs:
"(A) The chief judge is relieved of his duties under section 258(c) of title 28, United States Code.
"(B) The regular active status of the chief judge is terminated.
"(C) The chief judge attains the age of 70 years.
"(D) The chief judge has served for a term of 7 years as chief judge.
"(2) When the chief judge vacates the position of chief judge under paragraph (1), the position of chief judge of the Court of International Trade shall be filled in accordance with section 258(a) of title 28, United States Code."
CHAPTER 13—ASSIGNMENT OF JUDGES TO OTHER COURTS
293.
Judges of the Court of International Trade.
294.
Assignment of retired justices or judges to active duty.
1
295.
Conditions upon designation and assignment.
296.
Powers upon designation and assignment.
297.
Assignment of judges to courts of the freely associated compact states.
Editorial Notes
Amendments
1988—Pub. L. 100–702, title X, §1022(2), Nov. 19, 1988, 102 Stat. 4673, added item 297.
1982—Pub. L. 97–164, title I, §110(c), Apr. 2, 1982, 96 Stat. 29, substituted "the Court of International Trade" for "other courts" in item 293.
1958—Pub. L. 85–755, §8, Aug. 25, 1958, 72 Stat. 850, substituted "Judges of other courts" for "Circuit or district judges to Court of Customs and Patent Appeals" in item 293.
§291. Circuit judges
(a) The Chief Justice of the United States may, in the public interest, designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit.
(b) The chief judge of a circuit or the circuit justice may, in the public interest, designate and assign temporarily any circuit judge within the circuit, including a judge designated and assigned to temporary duty therein, to hold a district court in any district within the circuit.
(June 25, 1948, ch. 646, 62 Stat. 900; July 28, 1953, ch. 253, §2, 67 Stat. 226; Sept. 3, 1954, ch. 1263, §39(b), 68 Stat. 1240; July 9, 1956, ch. 517, §1(a), 70 Stat. 497; Pub. L. 85–755, §2, Aug. 25, 1958, 72 Stat. 848; Pub. L. 95–598, title II, §202, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 97–164, title I, §108, Apr. 2, 1982, 96 Stat. 28; Pub. L. 102–572, title I, §104, Oct. 29, 1992, 106 Stat. 4507.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§17, 22 (Mar. 3, 1911, ch. 231, §§13, 18, 36 Stat. 1089; Oct. 3, 1913, ch. 18, 38 Stat. 203; Sept. 14, 1922, ch. 306, §§3, 5, 42 Stat. 839; Mar. 2, 1929, ch. 488, §1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, §4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §1, 56 Stat. 1094).
Section consolidates all provisions of sections 17 and 22 of title 28, U.S.C., 1940 ed., relating to designation and assignment of circuit judges.
The revised section omits a reference to the Chief Justice contained in said section 22, since in exercising the powers under subsection (b), he acts as a circuit justice.
Paragraph (d) of said section 17, making the section applicable to the United States Court of Appeals for the District of Columbia, is omitted since such court is included in this revision because the District of Columbia is made a separate circuit. (See section 41 of this title.)
Provisions of said sections 17 and 22 authorizing the senior Associate Justice to act in the absence of the Chief Justice of the United States were omitted as surplusage in view of specific authority to so act in section 3 of this title.
The words in said section 17 "for such time as the business of such district court may require," were omitted as inconsistent with the language of said section 22 of title 28, U.S.C., 1940 ed., which employed the words "the public interest requires" and "from time to time and until he shall otherwise direct." The revised section and sections 294 and 296 of this title make clear the power to make designation and assignment without any limitation of time, to revoke such designation and assignment and to make, from time to time, new designations and assignments.
The term "chief judge" of the circuit was substituted for "senior circuit judge." (See reviser's note under section 136 of this title.)
References in said sections 17 and 22 to retired judges were omitted as covered by section 294 of this title.
Other provisions of said section 17 of title 28, U.S.C., 1940 ed., are incorporated in sections 292, 295 and 296 of this title.
Other provisions of said section 22 of title 28, U.S.C., 1940 ed., are incorporated in section 296 of this title.
Changes were made in phraseology and arrangement.
Editorial Notes
Amendments
1992—Subsec. (a). Pub. L. 102–572 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Chief Justice of the United States may designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises."
1982—Subsecs. (b), (c). Pub. L. 97–164 redesignated subsec. (c) as (b). Former subsec. (b), which authorized the Chief Justice of the United States to designate and temporarily assign any circuit judge to serve as a judge of the Court of Claims or the Court of Customs and Patent Appeals upon presentation to him of a certificate of necessity by the chief judge of the court in which the need arose, was struck out.
1978—Subsec. (c). Pub. L. 95–598 directed the amendment of subsec. (c) by inserting "or bankruptcy" after "to hold a district", which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1958—Subsec. (a). Pub. L. 85–755 struck out provision for assignment of any judge of the Court of Claims to serve as circuit judge in any circuit. See section 293(a) of this title.
Subsec. (b). Pub. L. 85–755 redesignated subsec. (c) as (b) and incorporated in it provision for assignment of circuit judges to Court of Customs and Patent Appeals formerly contained in section 293 of this title. Former subsec. (b), which provided for assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court for the District of Columbia, was struck out. See section 293(a) of this title.
Subsecs. (c), (d). Pub. L. 85–755 redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
1956—Subsec. (a). Act July 9, 1956, inserted "or any judge of the Court of Claims to serve as a circuit judge in any circuit".
1954—Subsec. (c). Act Sept. 3, 1954, struck out "United States" from name of Court of Claims.
1953—Subsecs. (c), (d). Act July 28, 1953, added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Jurisdiction of United States Court of Customs and Patent Appeals
Pub. L. 85–755, §7, Aug. 25, 1958, 72 Stat. 850, provided that: "Nothing contained in this Act [amending this section and sections 211 and 292 to 295 of this title] shall be construed in any way to limit or alter the jurisdiction heretofore conferred upon the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit] by any provision of law."
§292. District judges
(a) The chief judge of a circuit may designate and assign one or more district judges within the circuit to sit upon the court of appeals or a division thereof whenever the business of that court so requires. Such designations or assignments shall be in conformity with the rules or orders of the court of appeals of the circuit.
(b) The chief judge of a circuit may, in the public interest, designate and assign temporarily any district judge of the circuit to hold a district court in any district within the circuit.
(c) The chief judge of the United States Court of Appeals for the District of Columbia Circuit may, upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia pursuant to section 11–908(c) of the District of Columbia Code, designate and assign temporarily any district judge of the circuit to serve as a judge of such Superior Court, if such assignment (1) is approved by the Attorney General of the United States following a determination by him to the effect that such assignment is necessary to meet the ends of justice, and (2) is approved by the chief judge of the United States District Court for the District of Columbia.
(d) The Chief Justice of the United States may designate and assign temporarily a district judge of one circuit for service in another circuit, either in a district court or court of appeals, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises.
(e) The Chief Justice of the United States may designate and assign temporarily any district judge to serve as a judge of the Court of International Trade upon presentation to him of a certificate of necessity by the chief judge of the court.
(June 25, 1948, ch. 646, 62 Stat. 901; July 28, 1953, ch. 253, §3, 67 Stat. 226; Sept. 3, 1954, ch. 1263, §39(c), 68 Stat. 1240; July 9, 1956, ch. 517, §1(b), 70 Stat. 497; July 14, 1956, ch. 589, §2, 70 Stat. 532; Pub. L. 85–755, §3, Aug. 25, 1958, 72 Stat. 848; Pub. L. 91–358, title I, §172(e), July 29, 1970, 84 Stat. 591; Pub. L. 95–598, title II, §§203, 204, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96–417, title V, §501(7), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97–164, title I, §109, Apr. 2, 1982, 96 Stat. 28.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§17, 21 and 216 (Mar. 3, 1911, ch. 231, §§13, 17, 120, 36 Stat. 1089, 1132; Sept. 14, 1922, ch. 306, §3, 42 Stat. 839; Aug. 24, 1937, ch. 754, §4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §1, 56 Stat. 1094).
Section consolidates and simplifies all provisions of sections 17, 21 and 216 of title 28, U.S.C., 1940 ed., relating to designation and assignment of district judges.
Term "chief judge" was substituted for "senior circuit judge." (See Reviser's Note under section 136 of this title.)
Sections 17 and 21 of title 28, U.S.C., 1940 ed., were inconsistent insofar as the words "or in his absence, the circuit judges thereof," appearing in said section 17 were not in section 21, and the words "senior circuit judge then present in the circuit," appearing in section 21 were not in section 17. The revised section omits all such words and leaves designation of assignment to the chief judge of the circuit. If the chief judge is unable to perform his duties they devolve, under section 45 of this title, upon the circuit judge next in seniority of commission.
The provision of said section 17, that designation of a district judge to another circuit should be from an adjacent circuit if practicable, was omitted as an unnecessary restriction on the discretion of the Chief Justice.
Section 19 of title 28, U.S.C., 1940 ed., is omitted as unnecessary. It authorized the Chief Justice of the United States to designate and assign any district judge to a district upon receiving a certificate from the clerk of the district that all circuit judges and the circuit justice were absent from the circuit, or were unable to appoint a substitute judge for the district,or where the district judge actually designated was disabled or neglected to hold court.
For omission of reference in said section 17 to senior Associate Justice, see reviser's note under section 291 of this title.
Reference in said section 17 to retired judges were omitted as covered by section 294 of this title.
Other provisions of said section 17 of title 28, U.S.C., 1940 ed., are incorporated in sections 291, 295, and 296 of this title. Other provisions of said section 216 of such title are incorporated in sections 45 and 47 of this title.
Words "either in a district court or court of appeals" were inserted in subsection (c) as suggested by Hon. Learned Hand, Senior Circuit Judge of the Second Circuit. The revised section permits a district judge to be assigned directly to the circuit court of appeals of another circuit. Under existing law it has been assumed that he must be assigned to serve as a district judge on the other circuit and then designated to serve on the circuit court of appeals by that court in which his services are required.
Many changes were made in phraseology.
Editorial Notes
Amendments
1982—Subsec. (e). Pub. L. 97–164 struck out "the Court of Claims, the Court of Customs and Patent Appeals or" after "to serve as a judge of" and "in which the need arises" after "chief judge of the court".
1980—Subsec. (e). Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
1978—Subsecs. (b), (d). Pub. L. 95–598 directed the amendment of subsec. (b) by substituting "to hold a district court or a bankruptcy court" for "to hold a district court" and the amendment of subsec. (d) by substituting "in a bankruptcy court, district court, or court of appeals" for "either in a district court or court of appeals", which amendments did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1970—Subsecs. (c) to (e). Pub. L. 91–358 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
1958—Subsecs. (a) to (c). Pub. L. 85–755 reenacted subsecs. (a) to (c) without change.
Subsec. (d). Pub. L. 85–755 incorporated provisions for assignment of district judges to the Court of Customs and Patent Appeals and the Customs Court, formerly contained in section 293 of this title and subsec. (f) of this section.
Subsec. (e). Pub. L. 85–755 struck out subsec. (e) which provided for assignment of judges of the Court of Claims to district courts. See section 293(a) of this title.
Subsec. (f). Pub. L. 85–755 struck out subsec. (f) which provided for assignment of district judges to the Customs Court. See subsec. (d) of this section.
1956—Subsec. (e). Act July 9, 1956, added subsec. (e).
Subsec. (f). Act July 14, 1956, added subsec. (f).
1954—Subsec. (d). Act Sept. 3, 1954, struck out "United States" from name of Court of Claims.
1953—Subsec. (d). Act July 28, 1953, added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–358 effective on first day of seventh calendar month which begins after July 29, 1970, see section 199(a) of Pub. L. 91–358, set out as a note under section 1257 of this title.
Jurisdiction of United States Court of Customs and Patent Appeals
Amendment by Pub. L. 85–755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], see section 7 of Pub. L. 85–755, set out as a note under section 291 of this title.
Limitation or Alteration of Jurisdiction
Amendment by act July 14, 1956, not to be construed as limiting or altering the jurisdiction heretofore conferred upon the Customs Court [now United States Court of International Trade], see section 4 of act July 14, 1956, set out as a note under section 251 of this title.
§293. Judges of the Court of International Trade
(a) 1 The Chief Justice of the United States may designate and assign temporarily any judge of the Court of International Trade to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit in which the need arises.
(June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589, §3(a), 70 Stat. 532; Pub. L. 85–755, §4, Aug. 25, 1958, 72 Stat. 848; Pub. L. 95–598, title II, §205, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96–417, title I, §102, title V, §501(8), Oct. 10, 1980, 94 Stat. 1727, 1742; Pub. L. 97–164, title I, §110(a), (b), Apr. 2, 1982, 96 Stat. 29.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §301 (Mar. 3, 1911, ch. 231, §188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, §1, 45 Stat. 1475).
Section simplifies last sentence of section 301 of title 28, U.S.C., 1940 ed., and is in conformity with other designation and assignment provisions of this chapter.
Other provisions of said section 301 of title 28, U.S.C., 1940 ed., are incorporated in sections 211–213, 215, and 296 of this title.
This section transfers from the President to the Chief Justice of the United States the authority to designate and assign which is in conformity with sections 201 and 292 of this title.
The words "he is willing to undertake" were added to make clear that such service is voluntary.
The term "chief judge" was substituted for "presiding judge." (See reviser's note under section 136 of this title.)
Changes were made in phraseology.
Editorial Notes
Amendments
1982—Pub. L. 97–164, §110(b), substituted "the Court of International Trade" for "other courts" in section catchline.
Subsec. (a). Pub. L. 97–164, §110(a)(1), (2), redesignated subsec. (b) as (a). Former subsec. (a), which authorized the Chief Justice to designate and assign judges of the Court of Claims or the Court of Customs and Patent Appeals to serve temporarily on the other of these two courts or in a court of appeals or district court of any circuit in times of necessity, was struck out.
Subsec. (b). Pub. L. 97–164, §110(a)(2), (3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). Former subsec. (b) redesignated (a). See 1978 Amendment note below.
Subsecs. (c), (d). Pub. L. 97–164, §110(a)(1), struck out subsecs. (c) and (d) which related, respectively, to the authority of the chief judge of the Court of Customs and Patent Appeals to designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Court of International Trade and to the authority of the chief judge of the Court of International Trade to designate and assign temporarily any judge of the Court of International Trade to serve as a judge of the Court of Customs and Patent Appeals or the Court of Claims.
Subsec. (e). Pub. L. 97–164, §110(a)(3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). See 1978 Amendment note below.
1980—Subsec. (b). Pub. L. 96–417, §102(a), redesignated the Customs Court as the Court of International Trade and authorized performance of judicial functions in a court of appeals.
Subsec. (c). Pub. L. 96–417, §501(8), redesignated the Customs Court as the Court of International Trade.
Subsec. (d). Pub. L. 96–417, §102(b), redesignated the Customs Court as the Court of International Trade and authorized temporary assignments to the Court of Claims of judges of the Court of International Trade upon presentation of a certificate of necessity by the chief judge of the Court of Claims.
1978—Subsec. (e). Pub. L. 95–598 directed the amendment of this section by adding subsec. (e) relating to temporary assignments of bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1958—Pub. L. 85–755 substituted "Judges of other courts" for "Circuit or district judges to court of customs and patent appeals" in section catchline.
Subsec. (a). Pub. L. 85–755 added subsec. (a). It incorporates provisions of former sections 291(a), (b) and 292(e) of this title respecting assignment of any judge of the Court of Claims to serve as circuit judge in any circuit, assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court of Appeals or the District Court for the District of Columbia, and assignment of judges of the Court of Claims to district courts, respectively.
Subsec. (b). Pub. L. 85–755 designated existing second par. as subsec. (b).
Subsecs. (c), (d). Pub. L. 85–755 added subsecs. (c) and (d).
1956—Act July 14, 1956, authorized the Chief Justice of the United States to designate and assign temporarily a judge of the Customs Court to perform judicial duties in a district court in any circuit.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
Jurisdiction of United States Court of Customs and Patent Appeals
Amendment by Pub. L. 85–755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], see section 7 of Pub. L. 85–755, set out as a note under section 291 of this title.
Limitation or Alteration of Jurisdiction
Amendment by act July 14, 1956, not to be construed as limiting or altering the jurisdiction heretofore conferred upon the Customs Court [now United States Court of International Trade], see section 4 of act July 14, 1956, set out as a note under section 251 of this title.
§294. Assignment of retired Justices or judges to active duty
(a) Any retired Chief Justice of the United States or Associate Justice of the Supreme Court may be designated and assigned by the Chief Justice of the United States to perform such judicial duties in any circuit, including those of a circuit justice, as he is willing to undertake.
(b) Any judge of the United States who has retired from regular active service under section 371(b) or 372(a) of this title shall be known and designated as a senior judge and may continue to perform such judicial duties as he is willing and able to undertake, when designated and assigned as provided in subsections (c) and (d).
(c) Any retired circuit or district judge may be designated and assigned by the chief judge or judicial council of his circuit to perform such judicial duties within the circuit as he is willing and able to undertake. Any other retired judge of the United States may be designated and assigned by the chief judge of his court to perform such judicial duties in such court as he is willing and able to undertake.
(d) The Chief Justice of the United States shall maintain a roster of retired judges of the United States who are willing and able to undertake special judicial duties from time to time outside their own circuit, in the case of a retired circuit or district judge, or in a court other than their own, in the case of other retired judges, which roster shall be known as the roster of senior judges. Any such retired judge of the United States may be designated and assigned by the Chief Justice to perform such judicial duties as he is willing and able to undertake in a court outside his own circuit, in the case of a retired circuit or district judge, or in a court other than his own, in the case of any other retired judge of the United States. Such designation and assignment to a court of appeals or district court shall be made upon the presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises and to any other court of the United States upon the presentation of a certificate of necessity by the chief judge of such court. No such designation or assignment shall be made to the Supreme Court.
(e) No retired justice or judge shall perform judicial duties except when designated and assigned.
(June 25, 1948, ch. 646, 62 Stat. 901; July 9, 1956, ch. 517, §1(c), 70 Stat. 497; Pub. L. 85–219, Aug. 29, 1957, 71 Stat. 495; Pub. L. 85–755, §5, Aug. 25, 1958, 72 Stat. 849; Pub. L. 95–598, title II, §206, Nov. 6, 1978, 92 Stat. 2660.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§375, 375a, and 375f (Mar. 3, 1911, ch. 231, §260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, §6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 1937, ch. 21, 50 Stat. 24; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5, 1939, ch. 433, §5, as added May 11, 1944, ch. 192, §§1–3, 58 Stat. 218, 219).
Section consolidates those parts of sections 375, 375a, and 375f of title 28, U.S.C., 1940 ed., relating to designation and assignment of retired justices and judges. Other provisions of said sections 375 and 375a, appear in sections 136, 371, and 756 of this title.
The term "chief judge" was substituted for "presiding judge or senior judge." (See Reviser's Note under section 136 of this title.)
Changes were made in phraseology.
Editorial Notes
Amendments
1978—Subsecs. (c), (d). Pub. L. 95–598 directed the amendment of subsec. (c) by substituting "district or bankruptcy judge" for "or district" and the amendment of subsec. (d) by substituting ", district judge or bankruptcy judge" for "or district judge", which amendments did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1958—Subsec. (a). Pub. L. 85–755 reenacted subsec. (a) without change.
Subsecs. (b) to (d). Pub. L. 85–755 revised and rearranged subject matter to apply "senior judge" to all judges who retire from regular active service under sections 371(b) and 372(a) of this title, while retaining their commissions, rather than merely to those who ask to be placed on the Chief Justice's roster, to lodge solely in the chief judge and judicial council of the circuit concerned the intracircuit assignment power, and in the Chief Justice the power to assign retired judges beyond their circuits or special courts.
Subsec. (e). Pub. L. 85–755 reenacted subsec. (e) without change.
1957—Subsec. (d). Pub. L. 85–219 added subsec. (d).
1956—Subsec. (b). Act July 9, 1956, inserted provisions relating to assignment of retired judges of the Court of Claims.
Statutory Notes and Related Subsidiaries
Jurisdiction of United States Court of Customs and Patent Appeals
Amendment by Pub. L. 85–755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], see section 7 of Pub. L. 85–755, set out as a note under section 291 of this title.
§295. Conditions upon designation and assignment
No designation and assignment of a circuit or district judge in active service shall be made without the consent of the chief judge or judicial council of the circuit from which the judge is to be designated and assigned. No designation and assignment of a judge of any other court of the United States in active service shall be made without the consent of the chief judge of such court.
All designations and assignments of justices and judges shall be filed with the clerks and entered on the minutes of the courts from and to which made.
The Chief Justice of the United States, a circuit justice or a chief judge of a circuit may make new designation and assignments in accordance with the provisions of this chapter and may revoke those previously made by him.
(June 25, 1948, ch. 646, 62 Stat. 901; Sept. 3, 1954, ch. 1263, §39(d), 68 Stat. 1240; July 14, 1956, ch. 589, §3(b), 70 Stat. 532; Pub. L. 85–755, §6, Aug. 25, 1958, 72 Stat. 850; Pub. L. 95–598, title II, §207, Nov. 6, 1978, 92 Stat. 2660.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§17, 20 (Mar. 3, 1911, ch. 231, §§13, 16, 36 Stat. 1089; Sept. 14, 1922, ch. 306, §3, 42 Stat. 839; Aug. 24, 1937, ch. 754, §4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §§1, 4, 56 Stat. 1094, 1095).
This section consolidates and simplifies provisions of sections 17 and 20 of title 28, U.S.C., 1940 ed., relating to conditions upon designation and assignment as well as those applicable to filing, revoking and making new designations.
Other provisions of section 17 of title 28, U.S.C., 1940 ed., are incorporated in section 291, 292, and 296 of this title.
The reference in said section 20 to senior Associate Judge was omitted. (See Reviser's Note under section 291 of this title.)
The terms "chief judge" and "chief judge of a circuit" were substituted for "senior circuit judge". (See Reviser's Note under section 136 of this title.)
The alternative provision for approval by the judicial council of the circuit was inserted to conform with section 332 of this title.
Changes were made in phraseology.
Editorial Notes
Amendments
1978—Pub. L. 95–598 directed the amendment of section by substituting "district, or bankruptcy" for "or district", which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1958—Pub. L. 85–755 substituted "of any other court of the United States" for "of the Customs Court" in first par.
1956—Act July 14, 1956, provided that no designation and assignment of a judge of the Customs Court in active service shall be made without the consent of the chief judge of the court.
1954—Act Sept. 3, 1954, made it clear that the section applies only to the assignment of circuit and district judges in active service.
Statutory Notes and Related Subsidiaries
Jurisdiction of United States Court of Customs and Patent Appeals
Amendment by Pub. L. 85–755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], see section 7 of Pub. L. 85–755, set out as a note under section 291 of this title.
Limitation or Alteration of Jurisdiction
Amendment by act July 14, 1956, not to be construed as limiting or altering the jurisdiction heretofore conferred upon the Customs Court [now United States Court of International Trade], see section 4 of act July 14, 1956, set out as a note under section 251 of this title.
§296. Powers upon designation and assignment
A justice or judge shall discharge, during the period of his designation and assignment, all judicial duties for which he is designated and assigned. He may be required to perform any duty which might be required of a judge of the court or district or circuit to which he is designated and assigned.
Such justice or judge shall have all the powers of a judge of the court, circuit or district to which he is designated and assigned, except the power to appoint any person to a statutory position or to designate permanently a depository of funds or a newspaper for publication of legal notices. However, a district judge who has retired from regular active service under section 371(b) of this title, when designated and assigned to the court to which such judge was appointed, having performed in the preceding calendar year an amount of work equal to or greater than the amount of work an average judge in active service on that court would perform in 6 months, and having elected to exercise such powers, shall have the powers of a judge of that court to participate in appointment of court officers and magistrate judges, rulemaking, governance, and administrative matters.
A justice or judge who has sat by designation and assignment in another district or circuit may, notwithstanding his absence from such district or circuit or the expiration of the period of his designation and assignment, decide or join in the decision and final disposition of all matters submitted to him during such period and in the consideration and disposition of applications for rehearing or further proceedings in such matters.
(June 25, 1948, ch. 646, 62 Stat. 901; Pub. L. 110–177, title V, §503, Jan. 7, 2008, 121 Stat. 2542.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§17, 18, 22, 23, 301 (Mar. 3, 1911, ch. 231, §§13, 14, 18, 19, 188, 36 Stat. 1089, 1143; Oct. 3, 1913, ch. 18, 38 Stat. 203; Feb. 25, 1919, ch. 29, §§2, 5, 40 Stat. 1156, 1157; Sept. 14, 1922, ch. 306, §§3, 4, 5, 42 Stat. 839; Dec. 13, 1926, ch. 6, §1, 44 Stat. 919; Mar. 2, 1929, ch. 488, §1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, §4, 50 Stat. 753; Dec. 29, 1942, ch. 835, §§1, 2, 5, 6, 56 Stat. 1094, 1095).
Section simplifies provisions of sections 17, 18, paragraphs (b) and (c) of section 22, and sections 23 and 301 of title 28, U.S.C., 1940 ed., relating to powers and duties of designated judges.
Other provisions of said sections 17 and 22 of title 28, U.S.C., 1940 ed., are incorporated in sections 291, 292, and 295 of this title.
Other provisions of said section 301 of title 28, U.S.C., 1940 ed., are incorporated in sections 211–213, 215, and 293 of this title.
Section is made applicable to retired justices of the Supreme Court by inclusion of reference to "justice," on the theory that a justice should have the same powers and duties and be subject to the same limitations as designated and assigned circuit and district judges.
The second sentence of the revised section was substituted for the provision of section 18 of title 28, U.S.C., 1940 ed., which subjected circuit judges to the same assignments of duty as the circuit judges of the circuit to which they are designated and assigned. The revised section extends this requirement and makes it applicable to all designated and assigned judges.
The provision in the last paragraph of said section 22 that the action of the assigned judge in writing filed with the clerk of court where the trial or hearing was held shall be valid as if such action had been taken by him within the district and within the period of his designation, was omitted as surplusage. See section 295 of this title.
Editorial Notes
Amendments
2008—Pub. L. 110–177 inserted at end of second par. "However, a district judge who has retired from regular active service under section 371(b) of this title, when designated and assigned to the court to which such judge was appointed, having performed in the preceding calendar year an amount of work equal to or greater than the amount of work an average judge in active service on that court would perform in 6 months, and having elected to exercise such powers, shall have the powers of a judge of that court to participate in appointment of court officers and magistrate judges, rulemaking, governance, and administrative matters."
§297. Assignment of judges to courts of the freely associated compact states
(a) The Chief Justice or the chief judge of the United States Court of Appeals for the Ninth Circuit may assign any circuit, district, magistrate, or territorial judge of a court of the Ninth Circuit, with the consent of the judge so assigned, to serve temporarily as a judge of any duly constituted court of the freely associated compact states whenever an official duly authorized by the laws of the respective compact state requests such assignment and such assignment is necessary for the proper dispatch of the business of the respective court.
(b) The Congress consents to the acceptance and retention by any judge so authorized of reimbursement from the countries referred to in subsection (a) of all necessary travel expenses, including transportation, and of subsistence, or of a reasonable per diem allowance in lieu of subsistence. The judge shall report to the Administrative Office of the United States Courts any amount received pursuant to this subsection.
(Added Pub. L. 100–702, title X, §1022(1), Nov. 19, 1988, 102 Stat. 4672; amended Pub. L. 112–149, §3, July 26, 2012, 126 Stat. 1145.)
Editorial Notes
Amendments
2012—Subsec. (a). Pub. L. 112–149 substituted "circuit, district, magistrate, or territorial judge of a court" for "circuit or district judge".
CHAPTER 15—CONFERENCES AND COUNCILS OF JUDGES
331.
Judicial Conference of the United States.
332.
Judicial councils of circuits.
333.
Judicial conferences of circuits.
334.
Institutes and joint councils on sentencing.
335.
Judicial Conference of the Court of International Trade.
Amendments
1986—Pub. L. 99–466, §2(b), Oct. 14, 1986, 100 Stat. 1190, added item 335.
1980—Pub. L. 96–458, §2(d)(2), Oct. 15, 1980, 94 Stat. 2036, inserted "of circuits" in item 332.
1958—Pub. L. 85–752, §2, Aug. 25, 1958, 72 Stat. 845, added item 334.
§331. Judicial Conference of the United States
The Chief Justice of the United States shall summon annually the chief judge of each judicial circuit, the chief judge of the Court of International Trade, and a district judge from each judicial circuit to a conference at such time and place in the United States as he may designate. He shall preside at such conference which shall be known as the Judicial Conference of the United States. Special sessions of the Conference may be called by the Chief Justice at such times and places as he may designate.
The district judge to be summoned from each judicial circuit shall be chosen by the circuit and district judges of the circuit and shall serve as a member of the Judicial Conference of the United States for a term of not less than 3 successive years nor more than 5 successive years, as established by majority vote of all circuit and district judges of the circuit. A district judge serving as a member of the Judicial Conference may be either a judge in regular active service or a judge retired from regular active service under section 371(b) of this title.
If the chief judge of any circuit, the chief judge of the Court of International Trade, or the district judge chosen by the judges of the circuit is unable to attend, the Chief Justice may summon any other circuit or district judge from such circuit or any other judge of the Court of International Trade, as the case may be. Every judge summoned shall attend and, unless excused by the Chief Justice, shall remain throughout the sessions of the conference and advise as to the needs of his circuit or court and as to any matters in respect of which the administration of justice in the courts of the United States may be improved.
The Conference shall make a comprehensive survey of the condition of business in the courts of the United States and prepare plans for assignment of judges to or from circuits or districts where necessary. It shall also submit suggestions and recommendations to the various courts to promote uniformity of management procedures and the expeditious conduct of court business. The Conference is authorized to exercise the authority provided in chapter 16 of this title as the Conference, or through a standing committee. If the Conference elects to establish a standing committee, it shall be appointed by the Chief Justice and all petitions for review shall be reviewed by that committee. The Conference or the standing committee may hold hearings, take sworn testimony, issue subpoenas and subpoenas duces tecum, and make necessary and appropriate orders in the exercise of its authority. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the Supreme Court or by the clerk of any court of appeals, at the direction of the Chief Justice or his designee and under the seal of the court, and shall be served in the manner provided in rule 45(c) of the Federal Rules of Civil Procedure for subpoenas and subpoenas duces tecum issued on behalf of the United States or an officer or any agency thereof. The Conference may also prescribe and modify rules for the exercise of the authority provided in chapter 16 of this title. All judicial officers and employees of the United States shall promptly carry into effect all orders of the Judicial Conference or the standing committee established pursuant to this section.
The Conference shall also carry on a continuous study of the operation and effect of the general rules of practice and procedure now or hereafter in use as prescribed by the Supreme Court for the other courts of the United States pursuant to law. Such changes in and additions to those rules as the Conference may deem desirable to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay shall be recommended by the Conference from time to time to the Supreme Court for its consideration and adoption, modification or rejection, in accordance with law.
The Judicial Conference shall review rules prescribed under section 2071 of this title by the courts, other than the Supreme Court and the district courts, for consistency with Federal law. The Judicial Conference may modify or abrogate any such rule so reviewed found inconsistent in the course of such a review.
The Attorney General shall, upon request of the Chief Justice, report to such Conference on matters relating to the business of the several courts of the United States, with particular reference to cases to which the United States is a party.
The Chief Justice shall submit to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation.
The Judicial Conference shall consult with the Director of 1 United States Marshals Service on a continuing basis regarding the security requirements for the judicial branch of the United States Government, to ensure that the views of the Judicial Conference regarding the security requirements for the judicial branch of the Federal Government are taken into account when determining staffing levels, setting priorities for programs regarding judicial security, and allocating judicial security resources. In this paragraph, the term "judicial security" includes the security of buildings housing the judiciary, the personal security of judicial officers, the assessment of threats made to judicial officers, and the protection of all other judicial personnel. The United States Marshals Service retains final authority regarding security requirements for the judicial branch of the Federal Government.
(June 25, 1948, ch. 646, 62 Stat. 902; July 9, 1956, ch. 517, §1(d), 70 Stat. 497; Pub. L. 85–202, Aug. 28, 1957, 71 Stat. 476; Pub. L. 85–513, July 11, 1958, 72 Stat. 356; Pub. L. 87–253, §§1, 2, Sept. 19, 1961, 75 Stat. 521; Pub. L. 95–598, title II, §208, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96–458, §4, Oct. 15, 1980, 94 Stat. 2040; Pub. L. 97–164, title I, §111, Apr. 2, 1982, 96 Stat. 29; Pub. L. 99–466, §1, Oct. 14, 1986, 100 Stat. 1190; Pub. L. 100–702, title IV, §402(b), Nov. 19, 1988, 102 Stat. 4650; Pub. L. 104–317, title VI, §601(a), Oct. 19, 1996, 110 Stat. 3857; Pub. L. 107–273, div. C, title I, §11043(b), Nov. 2, 2002, 116 Stat. 1855; Pub. L. 110–177, title I, §101(b), Jan. 7, 2008, 121 Stat. 2534.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §218 (Sept. 14, 1922, ch. 306, §2, 42 Stat. 838; July 5, 1937, ch. 427, 50 Stat. 473).
Provisions as to associate justice acting when Chief Justice is disabled are omitted as unnecessary in view of section 3 of this title giving senior associate justice power to act upon the disability of the Chief Justice.
The provision of section 218 of title 28, U.S.C., 1940 ed., as to traveling expenses is incorporated in section 456 of this title.
Provision as to time and place for holding conference was omitted as unnecessary since the Chief Justice is vested with discretionary power to designate the time and place under the language retained.
The references to "chief judge" are in harmony with other sections of this title. (See Reviser's Note under section 136 of this title.)
Provision for stated annual reports by the chief judge of the district was omitted as obsolete and unnecessary in view of sections 332 and 333 of this title.
The last paragraph is new and is inserted to authorize the communication to Congress of information which now reaches that body only because incorporated in the annual report of the Attorney General.
Numerous changes were made in phraseology and arrangement.
Editorial Notes
References in Text
Rule 45(c) of the Federal Rules of Civil Procedure, referred to in fourth paragraph, is set out in the Appendix to this title.
Amendments
2008—Pub. L. 110–177 added ninth par. relating to security requirements for the judicial branch of the United States Government.
2002—Pub. L. 107–273 substituted "chapter 16" for "section 372(c)" in two places in fourth par.
1996—Pub. L. 104–317 added second par. and struck out former second par. which read as follows: "The district judge to be summoned from each judicial circuit shall be chosen by the circuit and district judges of the circuit at the annual judicial conference of the circuit held pursuant to section 333 of this title and shall serve as a member of the conference for three successive years, except that in the year following the enactment of this amended section the judges in the first, fourth, seventh, and tenth circuits shall choose a district judge to serve for one year, the judges in the second, fifth, and eighth circuits shall choose a district judge to serve for two years and the judges in the third, sixth, ninth, and District of Columbia circuits shall choose a district judge to serve for three years."
1988—Pub. L. 100–702 inserted paragraph requiring Judicial Conference review of section 2071 rules prescribed by courts other than Supreme court or district courts for consistency with Federal law.
1986—Pub. L. 99–466, §1(a), inserted ", the chief judge of the Court of International Trade," and substituted "Conference may" for "conference may" in first par.
Pub. L. 99–466, §1(b), inserted ", the chief judge of the Court of International Trade," and "or any other judge of the Court of International Trade, as the case may be" in first sentence of third par.
Pub. L. 99–466, §1(c), substituted "Conference" for "conference" in sixth par.
1982—Pub. L. 97–164, in first par., struck out references to the chief judge of the Court of Claims and to the chief judge of the Court of Customs and Patent Appeals in the enumeration of judges which the Chief Justice must summon each year for a conference and, in third par., struck out provision that authorized the Chief Justice to summon an associate judge of the Court of Claims or the Court of Customs and Patent Appeals if the chief judge of either of those courts could not attend.
1980—Pub. L. 96–458, in fourth par., substituted "It shall also submit suggestions and recommendations to the various courts to promote uniformity of management procedures and the expeditious conduct of court business." for "and shall submit suggestions to the various courts, in the interest of uniformity and expedition of business.", and inserted provisions relating to exercise of authority under section 372(c) as the Conference or through standing committee, the holding of hearings, taking of testimony, and the issuance of subpoenas pursuant to rule 45(c) of the Federal Rules of Civil Procedure.
1978—Pub. L. 95–598 directed the amendment of section by inserting references to bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1961—Pub. L. 87–253 provided for the summoning to the judicial conference of the chief judge of the Court of Customs and Patent Appeals, and if he is unable to attend, for the summoning of an associate judge of such court.
1958—Pub. L. 85–513 inserted paragraph requiring a continuous study of the operation and effect of the general rules of practice and procedure.
1957—Pub. L. 85–202 provided generally in first three paragraphs for the representation of district judges on the Judicial Conference.
1956—Act July 9, 1956, inserted provisions relating to participation of Court of Claims judges.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–702 effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as a note under section 2071 of this title.
Effective Date of 1986 Amendment
Pub. L. 99–466, §4, Oct. 14, 1986, 100 Stat. 1191, provided that: "This Act and the amendments made by this Act [enacting section 335 of this title, amending this section and section 569 of this title, renumbering section 873 of this title as 872, and repealing former section 872 of this title] shall take effect 60 days after the date of the enactment of this Act [Oct. 14, 1986]."
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Pub. L. 96–458, §7, Oct. 15, 1980, 94 Stat. 2041, provided that: "This Act [amending this section and sections 332, 372, and 604 of this title and enacting provisions set out as notes under this section and section 1 of this title] shall become effective on October 1, 1981."
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in this section relating to requirement that the Chief Justice submit to Congress an annual report of proceedings of the Judicial Conference and recommendations for legislation, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 13 of House Document No. 103–7.
Deposit of Fees for Processing of Violations Through Central Violations Bureau Cases
Pub. L. 108–447, div. B, title III, §308, Dec. 8, 2004, 118 Stat. 2895, as amended by Pub. L. 109–13, div. A, title VI, §6066, May 11, 2005, 119 Stat. 299, provided that: "For fiscal year 2005 and hereafter, such fees as shall be collected for the processing of violations through the Central Violations Bureau cases as prescribed by the Judicial Conference of the United States shall be deposited as offsetting receipts to the fund established under 28 U.S.C. 1931 and shall remain available to the Judiciary until expended to reimburse any appropriation for the amount paid out of such appropriation for expenses of the Courts of Appeals, District Courts, and Other Judicial Services and the Administrative Offices of the United States Courts."
Policies, Procedures, and Methodologies Used in Recommendation for Creation of Additional Federal Judgeships; Study by General Accounting Office and Report to Congress
Pub. L. 101–650, title II, §205, Dec. 1, 1990, 104 Stat. 5103, provided that the Comptroller General was to review the policies, procedures, and methodologies used by the Judicial Conference of the United States in recommending to Congress the creation of additional Federal judgeships and, not later than 18 months after Dec. 1, 1990, report the results of the review, with recommendations, to the appropriate congressional committees.
Federal Courts Study Committee
Pub. L. 100–702, title I, Nov. 19, 1988, 102 Stat. 4644, known as the "Federal Courts Study Act", established within the Judicial Conference of the United States, a Federal Courts Study Committee on the future of the Federal Judiciary, which was directed to examine problems and issues currently facing the courts of the United States, develop a long-range plan for the future of the Federal Judiciary, including assessments involving alternative methods of dispute resolution, the structure and administration of the Federal court system, methods of resolving intracircuit and intercircuit conflicts in the courts of appeals, and the types of disputes resolved by the Federal courts, and to submit, within 15 months after Jan. 1, 1989, a report to the Judicial Conference of the United States, the President, the Congress, the Conference of Chief Justices, and the State Justice Institute on the revisions, if any, in the laws of the United States which the Committee, based on its study and evaluation, deemed advisable, and further provided for membership of the Committee, duties, powers and functions, compensation of members, appropriations, and expiration of the Committee 60 days after submission of report.
§332. Judicial councils of circuits
(a)(1) The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he or she may designate, a meeting of the judicial council of the circuit, consisting of the chief judge of the circuit, who shall preside, and an equal number of circuit judges and district judges of the circuit, as such number is determined by majority vote of all such judges of the circuit in regular active service.
(2) Members of the council shall serve for terms established by a majority vote of all judges of the circuit in regular active service.
(3) Except for the chief judge of the circuit, either judges in regular active service or judges retired from regular active service under section 371(b) of this title may serve as members of the council. Service as a member of a judicial council by a judge retired from regular active service under section 371(b) may not be considered for meeting the requirements of section 371(f)(1)(A), (B), or (C).1
(4) No more than one district judge from any one district shall serve simultaneously on the council, unless at least one district judge from each district within the circuit is already serving as a member of the council.
(5) In the event of the death, resignation, retirement under section 371(a) or 372(a) of this title, or disability of a member of the council, a replacement member shall be designated to serve the remainder of the unexpired term by the chief judge of the circuit.
(6) Each member of the council shall attend each council meeting unless excused by the chief judge of the circuit.
(b) The council shall be known as the Judicial Council of the circuit.
(c) The chief judge shall submit to the council the semiannual reports of the Director of the Administrative Office of the United States Courts. The council shall take such action thereon as may be necessary.
(d)(1) Each judicial council shall make all necessary and appropriate orders for the effective and expeditious administration of justice within its circuit. Any general order relating to practice and procedure shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such order so relating shall take effect upon the date specified by such judicial council. Copies of such orders so relating shall be furnished to the Judicial Conference and the Administrative Office of the United States Courts and be made available to the public. Each council is authorized to hold hearings, to take sworn testimony, and to issue subpoenas and subpoenas duces tecum. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the court of appeals, at the direction of the chief judge of the circuit or his designee and under the seal of the court, and shall be served in the manner provided in rule 45(c) of the Federal Rules of Civil Procedure for subpoenas and subpoenas duces tecum issued on behalf of the United States or an officer or agency thereof.
(2) All judicial officers and employees of the circuit shall promptly carry into effect all orders of the judicial council. In the case of failure to comply with an order made under this subsection or a subpoena issued under chapter 16 of this title, a judicial council or a special committee appointed under section 353 of this title may institute a contempt proceeding in any district court in which the judicial officer or employee of the circuit who fails to comply with the order made under this subsection shall be ordered to show cause before the court why he or she should not be held in contempt of court.
(3) Unless an impediment to the administration of justice is involved, regular business of the courts need not be referred to the council.
(4) Each judicial council shall periodically review the rules which are prescribed under section 2071 of this title by district courts within its circuit for consistency with rules prescribed under section 2072 of this title. Each council may modify or abrogate any such rule found inconsistent in the course of such a review.
(e) The judicial council of each circuit may appoint a circuit executive. In appointing a circuit executive, the judicial council shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated to him by the circuit council. The duties delegated to the circuit executive of each circuit may include but need not be limited to:
(1) Exercising administrative control of all nonjudicial activities of the court of appeals of the circuit in which he is appointed.
(2) Administering the personnel system of the court of appeals of the circuit.
(3) Administering the budget of the court of appeals of the circuit.
(4) Maintaining a modern accounting system.
(5) Establishing and maintaining property control records and undertaking a space management program.
(6) Conducting studies relating to the business and administration of the courts within the circuit and preparing appropriate recommendations and reports to the chief judge, the circuit council, and the Judicial Conference.
(7) Collecting, compiling, and analyzing statistical data with a view to the preparation and presentation of reports based on such data as may be directed by the chief judge, the circuit council, and the Administrative Office of the United States Courts.
(8) Representing the circuit as its liaison to the courts of the various States in which the circuit is located, the marshal's office, State and local bar associations, civic groups, news media, and other private and public groups having a reasonable interest in the administration of the circuit.
(9) Arranging and attending meetings of the judges of the circuit and of the circuit council, including preparing the agenda and serving as secretary in all such meetings.
(10) Preparing an annual report to the circuit and to the Administrative Office of the United States Courts for the preceding calendar year, including recommendations for more expeditious disposition of the business of the circuit.
All duties delegated to the circuit executive shall be subject to the general supervision of the chief judge of the circuit.
(f)(1) Each circuit executive shall be paid at a salary to be established by the Judicial Conference of the United States not to exceed the annual rate of level IV of the Executive Schedule pay rates under section 5315 of title 5.
(2) The circuit executive shall serve at the pleasure of the judicial council of the circuit.
(3) The circuit executive may appoint, with the approval of the council, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts.
(4) The circuit executive and his staff shall be deemed to be officers and employees of the judicial branch of the United States Government within the meaning of subchapter III of chapter 83 (relating to civil service retirement), chapter 87 (relating to Federal employees' life insurance program), and chapter 89 (relating to Federal employees' health benefits program) of title 5, United States Code.
(g) No later than January 31 of each year, each judicial council shall submit a report to the Administrative Office of the United States Courts on the number and nature of orders entered under this section during the preceding calendar year that relate to judicial misconduct or disability.
(h)(1) The United States Court of Appeals for the Federal Circuit may appoint a circuit executive, who shall serve at the pleasure of the court. In appointing a circuit executive, the court shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated by the court. The duties delegated to the circuit executive may include the duties specified in subsection (e) of this section, insofar as such duties are applicable to the Court of Appeals for the Federal Circuit.
(2) The circuit executive shall be paid the salary for circuit executives established under subsection (f) of this section.
(3) The circuit executive may appoint, with the approval of the court, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts.
(4) The circuit executive and staff shall be deemed to be officers and employees of the United States within the meaning of the statutes specified in subsection (f)(4).
(5) The court may appoint either a circuit executive under this subsection or a clerk under section 711 of this title, but not both, or may appoint a combined circuit executive/clerk who shall be paid the salary of a circuit executive.
(June 25, 1948, ch. 646, 62 Stat. 902; Pub. L. 88–176, §3, Nov. 13, 1963, 77 Stat. 331; Pub. L. 91–647, Jan. 5, 1971, 84 Stat. 1907; Pub. L. 95–598, title II, §209, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 96–458, §2(a)–(d)(1), Oct. 15, 1980, 94 Stat. 2035, 2036; Pub. L. 100–459, title IV, §407, Oct. 1, 1988, 102 Stat. 2213; Pub. L. 100–702, title IV, §403(a)(2), (b), title X, §§1018, 1020(a)(1), Nov. 19, 1988, 102 Stat. 4651, 4670, 4671; Pub. L. 101–650, title III, §§323, 325(b)(1), title IV, §403, Dec. 1, 1990, 104 Stat. 5120, 5121, 5124; Pub. L. 102–198, §1, Dec. 9, 1991, 105 Stat. 1623; Pub. L. 104–317, title II, §208, Oct. 19, 1996, 110 Stat. 3851; Pub. L. 106–518, title II, §205, title III, §306, Nov. 13, 2000, 114 Stat. 2414, 2418; Pub. L. 106–553, §1(a)(2) [title III, §306], Dec. 21, 2000, 114 Stat. 2762, 2762A-85; Pub. L. 107–273, div. C, title I, §11043(c), Nov. 2, 2002, 116 Stat. 1855.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §448 (Mar. 3, 1911, ch. 231, §306, as added Aug. 7, 1939, ch. 501, §1, 53 Stat. 1223).
The final sentence of section 448 of title 28, U.S.C., 1940 ed., excepting from the operation of said section the provisions of existing law as to assignment of district judges outside their districts, was omitted as surplusage, since there is nothing in this section in conflict with section 292 of this title providing for such assignments.
The requirement for attendance of circuit judges, unless excused by the chief judge, was included in conformity with a similar provision of section 331 of this title.
Changes in phraseology were made.
Editorial Notes
References in Text
Section 371(f) of this title, referred to in subsec. (a)(3), was redesignated section 371(e) of this title by Pub. L. 106–398, §1[[div. A], title VI, §654(a)(1)(B)], Oct. 30, 2000, 114 Stat. 1654, 1654A-165.
The Federal Rules of Civil Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title.
Amendments
2002—Subsec. (d)(2). Pub. L. 107–273, §11043(c)(1), substituted "chapter 16 of this title" for "section 372(c) of this title" and "section 353 of this title" for "section 372(c)(4) of this title".
Subsec. (h). Pub. L. 107–273, §11043(c)(2), struck out subsec. (h) as added by Pub. L. 106–553, which read as follows:
"(h)(1) The United States Court of Appeals for the Federal Circuit may appoint a circuit executive, who shall serve at the pleasure of the court. In appointing a circuit executive, the court shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated by the court. The duties delegated to the circuit executive may include but need not be limited to the duties specified in subsection (e) of this section, insofar as they are applicable to the Court of Appeals for the Federal Circuit.
"(2) The circuit executive shall be paid the salary for circuit executives established under subsection (f) of this section.
"(3) The circuit executive may appoint, with the approval of the court, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts.
"(4) The circuit executive and staff shall be deemed to be officers and employees of the United States within the meaning of the statutes specified in subsection (f)(4).
"(5) The court may appoint either a circuit executive under this subsection or a clerk under section 711 of this title, but not both, or may appoint a combined circuit executive/clerk who shall be paid the salary of a circuit executive."
2000—Subsec. (a)(3). Pub. L. 106–518, §205(1), added par. (3) and struck out former par. (3) which read as follows: "Only circuit and district judges in regular active service shall serve as members of the council."
Subsec. (a)(5). Pub. L. 106–518, §205(2), substituted "retirement under section 371(a) or 372(a) of this title," for "retirement,".
Subsec. (h). Pub. L. 106–553 added subsec. (h) relating to circuit executive for United States Court of Appeals for the Federal Circuit, set out second.
Pub. L. 106–518, §306, added subsec. (h) relating to circuit executive for United States Court of Appeals for the Federal Circuit, set out first.
1996—Subsec. (g). Pub. L. 104–317 added subsec. (g).
1991—Subsec. (a)(1). Pub. L. 102–198 substituted "such number" for "such member" and "service" for "services".
1990—Subsec. (a)(1). Pub. L. 101–650, §323(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he may designate, a meeting of the judicial council of the circuit, consisting of—
"(A) the chief judge of the circuit, who shall preside;
"(B) that number of circuit judges fixed by majority vote of all such judges in regular active service; and
"(C) that number of district judges of the circuit fixed by majority vote of all circuit judges in regular active service, except that—
"(i) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is less than six, the number of district judges fixed in accordance with this subparagraph shall be no less than two; and
"(ii) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is six or more, the number of district judges fixed in accordance with this subparagraph shall be no less than three."
Subsec. (a)(3) to (7). Pub. L. 101–650, §323(b), redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which read as follows: "The number of circuit and district judges fixed in accordance with paragraphs (1)(B) and (1)(C) of this subsection shall be set by order of the court of appeals for the circuit no less than six months prior to a scheduled meeting of the council so constituted."
Subsec. (d)(2). Pub. L. 101–650, §403, inserted at end "In the case of failure to comply with an order made under this subsection or a subpoena issued under section 372(c) of this title, a judicial council or a special committee appointed under section 372(c)(4) of this title may institute a contempt proceeding in any district court in which the judicial officer or employee of the circuit who fails to comply with the order made under this subsection shall be ordered to show cause before the court why he or she should not be held in contempt of court."
Subsec. (f)(1). Pub. L. 101–650, §325(b)(1), substituted "under section 5315 of title 5" for "(5 U.S.C. 5316)".
1988—Subsec. (c). Pub. L. 100–702, §1020(a)(1), substituted "semiannual" for "semi-annually".
Subsec. (d)(1). Pub. L. 100–702, §403(b), inserted after first sentence "Any general order relating to practice and procedure shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such order so relating shall take effect upon the date specified by such judicial council. Copies of such orders so relating shall be furnished to the Judicial Conference and the Administrative Office of the United States Courts and be made available to the public."
Subsec. (d)(4). Pub. L. 100–702, §403(a)(2), added par. (4).
Subsec. (e). Pub. L. 100–702, §1018(1), substituted "executive. In appointing a circuit executive, the judicial council shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training." for "executive from among persons who shall be certified by the Board of Certification." in first sentence.
Subsec. (f). Pub. L. 100–702, §1018(2), designated last four undesignated pars. as pars. (1) to (4), respectively, and struck out former first undesignated par. which related to establishment, functions, and staffing of Board of Certification and setting standards for certification as qualified to be circuit executive.
Pub. L. 100–459 substituted "level IV" for "level V".
1980—Pub. L. 96–458, §2(d)(1), substituted "Judicial councils of circuits" for "Judicial councils" in section catchline.
Subsec. (a). Pub. L. 96–458, §2(a), in par. (1) designated existing provisions as introductory provision and in such introductory provision substituted "each judicial circuit" for "each circuit", substituted "a meeting of the judicial council of the circuit, consisting of—" for "a council of the circuit judges for the circuit, in regular active service, at which he shall preside. Each circuit judge, unless excused by the chief judge, shall attend all sessions of the council.", and added subpars. (A) to (C) and pars. (2) to (7).
Subsec. (c). Pub. L. 96–458, §2(b), substituted "semiannually" for "quarterly".
Subsec. (d). Pub. L. 96–458, §2(c), amended subsec. (d) generally, designating existing provisions as par. (1), inserting "and appropriate" after "all necessary", substituting "justice within its circuit" for "the business of the courts within its circuit", striking out "The district judges shall promptly carry into effect all orders of the judicial council." after "within its circuit.", inserting provisions relating to the holding of hearings, taking of testimony, the issuance of subpoenas and service thereof under the Federal Rules of Civil Procedure, and adding pars. (2) and (3).
1978—Subsec. (d). Pub. L. 95–598 directed the amendment of subsec. (d) by inserting "and bankruptcy judges" after "The district judges", which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1971—Pub. L. 91–647 designated existing four paragraphs as subsecs. (a), (b), (c), and (d), respectively, and added subsecs. (e) and (f).
1963—Pub. L. 88–176 inserted "regular" before "active service" in first sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Pub. L. 101–650, title IV, §407, Dec. 1, 1990, 104 Stat. 5124, provided that: "The amendments made by this subtitle [subtitle I (§§402–407) of title IV of Pub. L. 101–650, amending this section, sections 372, 453, and 2077 of this title, and provisions set out in the Appendix to Title 5, Government Organization and Employees] shall take effect 90 days after the date of the enactment of this Act [Dec. 1, 1990]."
Effective Date of 1988 Amendment
Amendment by section 403(a)(2), (b) of Pub. L. 100–702 effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as a note under section 2071 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–458 effective Oct. 1, 1981, see section 7 of Pub. L. 96–458, set out as a note under section 331 of this title.
§333. Judicial conferences of circuits
The chief judge of each circuit may summon biennially, and may summon annually, the circuit, district, magistrate, and bankruptcy judges of the circuit, in active service, to a conference at a time and place that he designates, for the purpose of considering the business of the courts and advising means of improving the administration of justice within such circuit. He may preside at such conference, which shall be known as the Judicial Conference of the circuit. The judges of the District Court of Guam, the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands may also be summoned biennially, and may be summoned annually, to the conferences of their respective circuits.
Every judge summoned may attend.
The court of appeals for each circuit shall provide by its rules for representation and active participation at such conference by members of the bar of such circuit.
(June 25, 1948, ch. 646, 62 Stat. 903; Dec. 29, 1950, ch. 1185, 64 Stat. 1128; Oct. 31, 1951, ch. 655, §38, 65 Stat. 723; Pub. L. 85–508, §12(e), July 7, 1958, 72 Stat. 348; Pub. L. 95–598, title II, §210, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 101–650, title III, §320, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104–134, title I, §101[(a)] [title III, §305], Apr. 26, 1996, 110 Stat. 1321, 1321-36; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 110–406, §9, Oct. 13, 2008, 122 Stat. 4293.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§449, 450 (Mar. 3, 1911, ch. 231, §§307, 308, as added Aug. 7, 1939, ch. 501, §1, 53 Stat. 1223).
Section consolidates parts of sections 449 and 450 of title 28, U.S.C., 1940 ed.
Said section 450 contained definitions of "courts" and "continental United States," and directions that sections 444–450 of title 28, U.S.C., 1940 ed., relating to the administration of United States courts, should apply to the courts of appeals, the United States Court of Appeals for the District of Columbia and to the several enumerated district courts of the United States, including those in the Territories and Possessions as well as the Court of Claims, Court of Customs and Patent Appeals, and Customs Court. It also provided that the Chief Justice and associate justices of the Court of Appeals for the District of Columbia should have the powers of the senior judge and circuit judges, respectively, of a circuit court of appeals.
The revised section omits, as surplusage, the definition of "continental United States." Other provisions of section 450 of title 28, U.S.C., 1940 ed., referred to were omitted as unnecessary in view of section 604 of this title which provides for the powers and duties of the Director of the Administrative Office of the United States Courts. Remaining provisions of said section 450 are incorporated in said section 604 and section 610 of this title.
The provision as to travel and subsistence which was contained in said section 449 of title 28, U.S.C., 1940 ed., is incorporated in section 456 of this title.
Editorial Notes
Amendments
2008—Pub. L. 110–406 inserted "magistrate," after "district," in first par.
1996—Pub. L. 104–134, §101[(a)] [title III, §305(1)], in first par. substituted "may" for "shall" before "summon biennially", "preside at such", and "also be summoned".
Pub. L. 104–134, §101[(a)] [title III, §305(2)], in second par. substituted "may" for "shall" before "attend" and struck out ", and unless excused by the chief judge, shall remain throughout the conference" before period at end.
1990—Pub. L. 101–650 substituted "biennially, and may summon annually," for "annually", struck out "the United States District Court for the District of the Canal Zone," after "The judges of", and substituted "the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands shall also be summoned biennially, and may be summoned annually," for "and the District Court of the Virgin Islands shall also be summoned annually".
1978—Pub. L. 95–598 inserted reference to bankruptcy judges.
1958—Pub. L. 85–508 struck out provisions which required judge of District Court for Territory of Alaska to be summoned annually to the conference of his circuit. See section 81A of this title which establishes a United States District Court for the State of Alaska.
1951—Act Oct. 31, 1951, inserted reference to judge of District Court of Guam in first par.
1950—Act Dec., 29, 1950, provided for the presence of judges of District Courts of Alaska, Canal Zone, and the Virgin Islands at annual conferences within their respective circuits.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.
§334. Institutes and joint councils on sentencing
(a) In the interest of uniformity in sentencing procedures, there is hereby authorized to be established under the auspices of the Judicial Conference of the United States, institutes and joint councils on sentencing. The Attorney General and/or the chief judge of each circuit may at any time request, through the Director of the Administrative Office of the United States Courts, the Judicial Conference to convene such institutes and joint councils for the purpose of studying, discussing, and formulating the objectives, policies, standards, and criteria for sentencing those convicted of crimes and offenses in the courts of the United States. The agenda of the institutes and joint councils may include but shall not be limited to: (1) The development of standards for the content and utilization of presentence reports; (2) the establishment of factors to be used in selecting cases for special study and observation in prescribed diagnostic clinics; (3) the determination of the importance of psychiatric, emotional, sociological and physiological factors involved in crime and their bearing upon sentences; (4) the discussion of special sentencing problems in unusual cases such as treason, violation of public trust, subversion, or involving abnormal sex behavior, addiction to drugs or alcohol, and mental or physical handicaps; (5) the formulation of sentencing principles and criteria which will assist in promoting the equitable administration of the criminal laws of the United States.
(b) After the Judicial Conference has approved the time, place, participants, agenda, and other arrangements for such institutes and joint councils, the chief judge of each circuit is authorized to invite the attendance of district judges under conditions which he thinks proper and which will not unduly delay the work of the courts.
(c) The Attorney General is authorized to select and direct the attendance at such institutes and meetings of United States attorneys and other officials of the Department of Justice and may invite the participation of other interested Federal officers. He may also invite specialists in sentencing methods, criminologists, psychiatrists, penologists, and others to participate in the proceedings.
(d) The expenses of attendance of judges shall be paid from applicable appropriations for the judiciary of the United States. The expenses connected with the preparation of the plans and agenda for the conference and for the travel and other expenses incident to the attendance of officials and other participants invited by the Attorney General shall be paid from applicable appropriations of the Department of Justice.
(Added Pub. L. 85–752, §1, Aug. 25, 1958, 72 Stat. 845.)
Statutory Notes and Related Subsidiaries
Sentencing Procedures
Pub. L. 85–752, §7, Aug. 25, 1958, 72 Stat. 847, provided that: "This Act [enacting this section, sections 4208 and 4209 of Title 18, Crimes and Criminal Procedure, and provisions set out as a note under section 4208 of Title 18] does not apply to any offense for which there is provided a mandatory penalty."
§335. Judicial Conference of the Court of International Trade
(a) The chief judge of the Court of International Trade is authorized to summon annually the judges of such court to a judicial conference, at a time and place that such chief judge designates, for the purpose of considering the business of such court and improvements in the administration of justice in such court.
(b) The Court of International Trade shall provide by its rules for representation and active participation at such conference by members of the bar.
(Added Pub. L. 99–466, §2(a), Oct. 14, 1986, 100 Stat. 1190.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 60 days after Oct. 14, 1986, see section 4 of Pub. L. 99–466, set out as an Effective Date of 1986 Amendment note under section 331 of this title.
CHAPTER 16—COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE
351.
Complaints; judge defined.
352.
Review of complaint by chief judge.
354.
Action by judicial council.
355.
Action by Judicial Conference.
357.
Review of orders and actions.
360.
Disclosure of information.
361.
Reimbursement of expenses.
362.
Other provisions and rules not affected.
363.
Court of Federal Claims, Court of International Trade, Court of Appeals for the Federal Circuit.
364.
Effect of felony conviction.
§351. Complaints; judge defined
(a) Filing of Complaint by Any Person.—Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of office by reason of mental or physical disability, may file with the clerk of the court of appeals for the circuit a written complaint containing a brief statement of the facts constituting such conduct.
(b) Identifying Complaint by Chief Judge.—In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the chief judge of the circuit, the chief judge may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint.
(c) Transmittal of Complaint.—Upon receipt of a complaint filed under subsection (a), the clerk shall promptly transmit the complaint to the chief judge of the circuit, or, if the conduct complained of is that of the chief judge, to that circuit judge in regular active service next senior in date of commission (hereafter, for purposes of this chapter only, included in the term "chief judge"). The clerk shall simultaneously transmit a copy of the complaint to the judge whose conduct is the subject of the complaint. The clerk shall also transmit a copy of any complaint identified under subsection (b) to the judge whose conduct is the subject of the complaint.
(d) Definitions.—In this chapter—
(1) the term "judge" means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and
(2) the term "complainant" means the person filing a complaint under subsection (a) of this section.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1848.)
Statutory Notes and Related Subsidiaries
Severability
Pub. L. 107–273, div. C, title I, §11044, Nov. 2, 2002, 116 Stat. 1856, provided that: "If any provision of this subtitle [subtitle C (§§11041–11044) of title I of div. C of Pub. L. 107–273, enacting this chapter, amending sections 331, 332, 372, 375, and 604 of this title, and section 7253 of Title 38, Veterans' Benefits, and enacting provisions set out as a note under section 1 of this title], an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance shall not be affected thereby."
§352. Review of complaint by chief judge
(a) Expeditious Review; Limited Inquiry.—The chief judge shall expeditiously review any complaint received under section 351(a) or identified under section 351(b). In determining what action to take, the chief judge may conduct a limited inquiry for the purpose of determining—
(1) whether appropriate corrective action has been or can be taken without the necessity for a formal investigation; and
(2) whether the facts stated in the complaint are either plainly untrue or are incapable of being established through investigation.
For this purpose, the chief judge may request the judge whose conduct is complained of to file a written response to the complaint. Such response shall not be made available to the complainant unless authorized by the judge filing the response. The chief judge or his or her designee may also communicate orally or in writing with the complainant, the judge whose conduct is complained of, and any other person who may have knowledge of the matter, and may review any transcripts or other relevant documents. The chief judge shall not undertake to make findings of fact about any matter that is reasonably in dispute.
(b) Action by Chief Judge Following Review.—After expeditiously reviewing a complaint under subsection (a), the chief judge, by written order stating his or her reasons, may—
(1) dismiss the complaint—
(A) if the chief judge finds the complaint to be—
(i) not in conformity with section 351(a);
(ii) directly related to the merits of a decision or procedural ruling; or
(iii) frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations which are incapable of being established through investigation; or
(B) when a limited inquiry conducted under subsection (a) demonstrates that the allegations in the complaint lack any factual foundation or are conclusively refuted by objective evidence; or
(2) conclude the proceeding if the chief judge finds that appropriate corrective action has been taken or that action on the complaint is no longer necessary because of intervening events.
The chief judge shall transmit copies of the written order to the complainant and to the judge whose conduct is the subject of the complaint.
(c) Review of Orders of Chief Judge.—A complainant or judge aggrieved by a final order of the chief judge under this section may petition the judicial council of the circuit for review thereof. The denial of a petition for review of the chief judge's order shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise.
(d) Referral of Petitions for Review to Panels of the Judicial Council.—Each judicial council may, pursuant to rules prescribed under section 358, refer a petition for review filed under subsection (c) to a panel of no fewer than 5 members of the council, at least 2 of whom shall be district judges.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1849.)
§353. Special committees
(a) Appointment.—If the chief judge does not enter an order under section 352(b), the chief judge shall promptly—
(1) appoint himself or herself and equal numbers of circuit and district judges of the circuit to a special committee to investigate the facts and allegations contained in the complaint;
(2) certify the complaint and any other documents pertaining thereto to each member of such committee; and
(3) provide written notice to the complainant and the judge whose conduct is the subject of the complaint of the action taken under this subsection.
(b) Change in Status or Death of Judges.—A judge appointed to a special committee under subsection (a) may continue to serve on that committee after becoming a senior judge or, in the case of the chief judge of the circuit, after his or her term as chief judge terminates under subsection (a)(3) or (c) of section 45. If a judge appointed to a committee under subsection (a) dies, or retires from office under section 371(a), while serving on the committee, the chief judge of the circuit may appoint another circuit or district judge, as the case may be, to the committee.
(c) Investigation by Special Committee.—Each committee appointed under subsection (a) shall conduct an investigation as extensive as it considers necessary, and shall expeditiously file a comprehensive written report thereon with the judicial council of the circuit. Such report shall present both the findings of the investigation and the committee's recommendations for necessary and appropriate action by the judicial council of the circuit.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1850.)
§354. Action by judicial council
(a) Actions Upon Receipt of Report.—
(1) Actions.—The judicial council of a circuit, upon receipt of a report filed under section 353(c)—
(A) may conduct any additional investigation which it considers to be necessary;
(B) may dismiss the complaint; and
(C) if the complaint is not dismissed, shall take such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the circuit.
(2) Description of possible actions if complaint not dismissed.—
(A) In general.—Action by the judicial council under paragraph (1)(C) may include—
(i) ordering that, on a temporary basis for a time certain, no further cases be assigned to the judge whose conduct is the subject of a complaint;
(ii) censuring or reprimanding such judge by means of private communication; and
(iii) censuring or reprimanding such judge by means of public announcement.
(B) For article iii judges.—If the conduct of a judge appointed to hold office during good behavior is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include—
(i) certifying disability of the judge pursuant to the procedures and standards provided under section 372(b); and
(ii) requesting that the judge voluntarily retire, with the provision that the length of service requirements under section 371 of this title shall not apply.
(C) For magistrate judges.—If the conduct of a magistrate judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include directing the chief judge of the district of the magistrate judge to take such action as the judicial council considers appropriate.
(3) Limitations on judicial council regarding removals.—
(A) Article iii judges.—Under no circumstances may the judicial council order removal from office of any judge appointed to hold office during good behavior.
(B) Magistrate and bankruptcy judges.—Any removal of a magistrate judge under this subsection shall be in accordance with section 631 and any removal of a bankruptcy judge shall be in accordance with section 152.
(4) Notice of action to judge.—The judicial council shall immediately provide written notice to the complainant and to the judge whose conduct is the subject of the complaint of the action taken under this subsection.
(b) Referral to Judicial Conference.—
(1) In general.—In addition to the authority granted under subsection (a), the judicial council may, in its discretion, refer any complaint under section 351, together with the record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference of the United States.
(2) Special circumstances.—In any case in which the judicial council determines, on the basis of a complaint and an investigation under this chapter, or on the basis of information otherwise available to the judicial council, that a judge appointed to hold office during good behavior may have engaged in conduct—
(A) which might constitute one or more grounds for impeachment under article II of the Constitution, or
(B) which, in the interest of justice, is not amenable to resolution by the judicial council,
the judicial council shall promptly certify such determination, together with any complaint and a record of any associated proceedings, to the Judicial Conference of the United States.
(3) Notice to complainant and judge.—A judicial council acting under authority of this subsection shall, unless contrary to the interests of justice, immediately submit written notice to the complainant and to the judge whose conduct is the subject of the action taken under this subsection.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1850.)
§355. Action by Judicial Conference
(a) In General.—Upon referral or certification of any matter under section 354(b), the Judicial Conference, after consideration of the prior proceedings and such additional investigation as it considers appropriate, shall by majority vote take such action, as described in section 354(a)(1)(C) and (2), as it considers appropriate.
(b) If Impeachment Warranted.—
(1) In general.—If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that consideration of impeachment may be warranted, it shall so certify and transmit the determination and the record of proceedings to the House of Representatives for whatever action the House of Representatives considers to be necessary. Upon receipt of the determination and record of proceedings in the House of Representatives, the Clerk of the House of Representatives shall make available to the public the determination and any reasons for the determination.
(2) In case of felony conviction.—If a judge has been convicted of a felony under State or Federal law and has exhausted all means of obtaining direct review of the conviction, or the time for seeking further direct review of the conviction has passed and no such review has been sought, the Judicial Conference may, by majority vote and without referral or certification under section 354(b), transmit to the House of Representatives a determination that consideration of impeachment may be warranted, together with appropriate court records, for whatever action the House of Representatives considers to be necessary.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1852.)
§356. Subpoena power
(a) Judicial Councils and Special Committees.—In conducting any investigation under this chapter, the judicial council, or a special committee appointed under section 353, shall have full subpoena powers as provided in section 332(d).
(b) Judicial Conference and Standing Committees.—In conducting any investigation under this chapter, the Judicial Conference, or a standing committee appointed by the Chief Justice under section 331, shall have full subpoena powers as provided in that section.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1852.)
§357. Review of orders and actions
(a) Review of Action of Judicial Council.—A complainant or judge aggrieved by an action of the judicial council under section 354 may petition the Judicial Conference of the United States for review thereof.
(b) Action of Judicial Conference.—The Judicial Conference, or the standing committee established under section 331, may grant a petition filed by a complainant or judge under subsection (a).
(c) No Judicial Review.—Except as expressly provided in this section and section 352(c), all orders and determinations, including denials of petitions for review, shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1853.)
§358. Rules
(a) In General.—Each judicial council and the Judicial Conference may prescribe such rules for the conduct of proceedings under this chapter, including the processing of petitions for review, as each considers to be appropriate.
(b) Required Provisions.—Rules prescribed under subsection (a) shall contain provisions requiring that—
(1) adequate prior notice of any investigation be given in writing to the judge whose conduct is the subject of a complaint under this chapter;
(2) the judge whose conduct is the subject of a complaint under this chapter be afforded an opportunity to appear (in person or by counsel) at proceedings conducted by the investigating panel, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing; and
(3) the complainant be afforded an opportunity to appear at proceedings conducted by the investigating panel, if the panel concludes that the complainant could offer substantial information.
(c) Procedures.—Any rule prescribed under this section shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such rule shall be a matter of public record, and any such rule promulgated by a judicial council may be modified by the Judicial Conference. No rule promulgated under this section may limit the period of time within which a person may file a complaint under this chapter.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1853.)
§359. Restrictions
(a) Restriction on Individuals Who Are Subject of Investigation.—No judge whose conduct is the subject of an investigation under this chapter shall serve upon a special committee appointed under section 353, upon a judicial council, upon the Judicial Conference, or upon the standing committee established under section 331, until all proceedings under this chapter relating to such investigation have been finally terminated.
(b) Amicus Curiae.—No person shall be granted the right to intervene or to appear as amicus curiae in any proceeding before a judicial council or the Judicial Conference under this chapter.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1853.)
§360. Disclosure of information
(a) Confidentiality of Proceedings.—Except as provided in section 355, all papers, documents, and records of proceedings related to investigations conducted under this chapter shall be confidential and shall not be disclosed by any person in any proceeding except to the extent that—
(1) the judicial council of the circuit in its discretion releases a copy of a report of a special committee under section 353(c) to the complainant whose complaint initiated the investigation by that special committee and to the judge whose conduct is the subject of the complaint;
(2) the judicial council of the circuit, the Judicial Conference of the United States, or the Senate or the House of Representatives by resolution, releases any such material which is believed necessary to an impeachment investigation or trial of a judge under article I of the Constitution; or
(3) such disclosure is authorized in writing by the judge who is the subject of the complaint and by the chief judge of the circuit, the Chief Justice, or the chairman of the standing committee established under section 331.
(b) Public Availability of Written Orders.—Each written order to implement any action under section 354(a)(1)(C), which is issued by a judicial council, the Judicial Conference, or the standing committee established under section 331, shall be made available to the public through the appropriate clerk's office of the court of appeals for the circuit. Unless contrary to the interests of justice, each such order shall be accompanied by written reasons therefor.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1854.)
§361. Reimbursement of expenses
Upon the request of a judge whose conduct is the subject of a complaint under this chapter, the judicial council may, if the complaint has been finally dismissed under section 354(a)(1)(B), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys' fees, incurred by that judge during the investigation which would not have been incurred but for the requirements of this chapter.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1854.)
§362. Other provisions and rules not affected
Except as expressly provided in this chapter, nothing in this chapter shall be construed to affect any other provision of this title, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Appellate Procedure, or the Federal Rules of Evidence.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1854.)
Editorial Notes
References in Text
The Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, and the Federal Rules of Evidence, referred to in text, are set out in the Appendix to this title.
The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
§363. Court of Federal Claims, Court of International Trade, Court of Appeals for the Federal Circuit
The United States Court of Federal Claims, the Court of International Trade, and the Court of Appeals for the Federal Circuit shall each prescribe rules, consistent with the provisions of this chapter, establishing procedures for the filing of complaints with respect to the conduct of any judge of such court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any such complaint, each such court shall have the powers granted to a judicial council under this chapter.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1854.)
§364. Effect of felony conviction
In the case of any judge or judge of a court referred to in section 363 who is convicted of a felony under State or Federal law and has exhausted all means of obtaining direct review of the conviction, or the time for seeking further direct review of the conviction has passed and no such review has been sought, the following shall apply:
(1) The judge shall not hear or decide cases unless the judicial council of the circuit (or, in the case of a judge of a court referred to in section 363, that court) determines otherwise.
(2) Any service as such judge or judge of a court referred to in section 363, after the conviction is final and all time for filing appeals thereof has expired, shall not be included for purposes of determining years of service under section 371(c), 377, or 178 of this title or creditable service under subchapter III of chapter 83, or chapter 84, of title 5.
(Added Pub. L. 107–273, div. C, title I, §11042(a), Nov. 2, 2002, 116 Stat. 1855.)
CHAPTER 17—RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
371.
Retirement on salary; retirement in senior status.
372.
Retirement for disability; substitute judge on failure to retire.
373.
Judges in Territories and Possessions.
1
374.
Residence of retired judges; official station.
375.
Recall of certain judges and magistrate judges.
376.
Annuities for survivors of certain judicial officials of the United States.
377.
Retirement of bankruptcy judges and magistrate judges.
Editorial Notes
Amendments
2002—Pub. L. 107–273, div. C, title I, §11043(a)(2), Nov. 2, 2002, 116 Stat. 1855, struck out "; judicial discipline" after "failure to retire" in item 372.
1988—Pub. L. 100–702, title X, §1020(a)(9), Nov. 19, 1988, 102 Stat. 4672, substituted "Annuities for survivors of certain judicial officials of the United States" for "Annuities to widows and surviving dependent children of justices and judges of the United States" in item 376.
Pub. L. 100–659, §2(b), Nov. 15, 1988, 102 Stat. 3916, added item 377.
1986—Pub. L. 99–651, title II, §201(b)(2), Nov. 14, 1986, 100 Stat. 3648, amended item 375 generally.
1984—Pub. L. 98–353, title II, §204(b), July 10, 1984, 98 Stat. 350, substituted "Retirement on salary; retirement in senior status" for "Resignation or retirement for age" in item 371.
1980—Pub. L. 96–458, §3(c), Oct. 15, 1980, 94 Stat. 2040, inserted reference to "judicial discipline" in item 372.
1972—Pub. L. 92–397, §3(a), (b), Aug. 22, 1972, 86 Stat. 579, substituted "JUSTICES AND JUDGES" for "JUDGES" in chapter heading, and substituted "justices and judges of the United States" for "judges" in item 376.
1959—Pub. L. 86–312, §2, Sept. 21, 1959, 73 Stat. 587, inserted "; official station" in item 374.
1956—Act Aug. 3, 1956, ch. 944, §1(a), 70 Stat. 1021, substituted "Annuities to widows of justices" for "Annuities to widows on the Chief Justice and Associate Justices of the Supreme Court of the United States" in item 375 and added item 376.
1954—Act Aug. 28, 1954, ch. 1053, §2, 68 Stat. 918, added item 375.
Act Feb. 10, 1954, ch. 6, §4(b), 68 Stat. 13, transferred "; substitute judge on failure to retire" from item 371 to item 372.
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judges" substituted for "magistrates" in items 375 and 377 pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
§371. Retirement on salary; retirement in senior status
(a) Any justice or judge of the United States appointed to hold office during good behavior may retire from the office after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) and shall, during the remainder of his lifetime, receive an annuity equal to the salary he was receiving at the time he retired.
(b)(1) Any justice or judge of the United States appointed to hold office during good behavior may retain the office but retire from regular active service after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) of this section and shall, during the remainder of his or her lifetime, continue to receive the salary of the office if he or she meets the requirements of subsection (e).
(2) In a case in which a justice or judge who retires under paragraph (1) does not meet the requirements of subsection (e), the justice or judge shall continue to receive the salary that he or she was receiving when he or she was last in active service or, if a certification under subsection (e) was made for such justice or judge, when such a certification was last in effect. The salary of such justice or judge shall be adjusted under section 461 of this title.
(c) The age and service requirements for retirement under this section are as follows:
| Attained age: | Years of service: |
|---|
| 65 |
15 |
| 66 |
14 |
| 67 |
13 |
| 68 |
12 |
| 69 |
11 |
| 70 |
10 |
(d) The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires under this section.
(e)(1) In order to continue receiving the salary of the office under subsection (b), a justice must be certified in each calendar year by the Chief Justice, and a judge must be certified by the chief judge of the circuit in which the judge sits, as having met the requirements set forth in at least one of the following subparagraphs:
(A) The justice or judge must have carried in the preceding calendar year a caseload involving courtroom participation which is equal to or greater than the amount of work involving courtroom participation which an average judge in active service would perform in three months. In the instance of a justice or judge who has sat on both district courts and courts of appeals, the caseload of appellate work and trial work shall be determined separately and the results of those determinations added together for purposes of this paragraph.
(B) The justice or judge performed in the preceding calendar year substantial judicial duties not involving courtroom participation under subparagraph (A), including settlement efforts, motion decisions, writing opinions in cases that have not been orally argued, and administrative duties for the court to which the justice or judge is assigned. Any certification under this subparagraph shall include a statement describing in detail the nature and amount of work and certifying that the work done is equal to or greater than the work described in this subparagraph which an average judge in active service would perform in three months.
(C) The justice or judge has, in the preceding calendar year, performed work described in subparagraphs (A) and (B) in an amount which, when calculated in accordance with such subparagraphs, in the aggregate equals at least 3 months work.
(D) The justice or judge has, in the preceding calendar year, performed substantial administrative duties directly related to the operation of the courts, or has performed substantial duties for a Federal or State governmental entity. A certification under this subparagraph shall specify that the work done is equal to the full-time work of an employee of the judicial branch. In any year in which a justice or judge performs work described under this subparagraph for less than the full year, one-half of such work may be aggregated with work described under subparagraph (A), (B), or (C) of this paragraph for the purpose of the justice or judge satisfying the requirements of such subparagraph.
(E) The justice or judge was unable in the preceding calendar year to perform judicial or administrative work to the extent required by any of subparagraphs (A) through (D) because of a temporary or permanent disability. A certification under this subparagraph shall be made to a justice who certifies in writing his or her disability to the Chief Justice, and to a judge who certifies in writing his or her disability to the chief judge of the circuit in which the judge sits. A justice or judge who is certified under this subparagraph as having a permanent disability shall be deemed to have met the requirements of this subsection for each calendar year thereafter.
(2) Determinations of work performed under subparagraphs (A), (B), (C), and (D) of paragraph (1) shall be made pursuant to rules promulgated by the Judicial Conference of the United States. In promulgating such criteria, the Judicial Conference shall take into account existing standards promulgated by the Conference for allocation of space and staff for senior judges.
(3) If in any year a justice or judge who retires under subsection (b) does not receive a certification under this subsection (except as provided in paragraph (1)(E)), he or she may thereafter receive a certification for that year by satisfying the requirements of subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection in a subsequent year and attributing a sufficient part of the work performed in such subsequent year to the earlier year so that the work so attributed, when added to the work performed during such earlier year, satisfies the requirements for certification for that year. However, a justice or judge may not receive credit for the same work for purposes of certification for more than 1 year.
(4) In the case of any justice or judge who retires under subsection (b) during a calendar year, there shall be included in the determination under this subsection of work performed during that calendar year all work performed by that justice or judge (as described in subparagraphs (A), (B), (C), and (D) of paragraph (1)) during that calendar year before such retirement.
(June 25, 1948, ch. 646, 62 Stat. 903; Oct. 31, 1951, ch. 655, §39, 65 Stat. 724; Feb. 10, 1954, ch. 6, §4(a), 68 Stat. 12; Pub. L. 98–353, title II, §204(a), July 10, 1984, 98 Stat. 350; Pub. L. 100–702, title X, §1005(a), Nov. 19, 1988, 102 Stat. 4666; Pub. L. 101–194, title VII, §705(a), Nov. 30, 1989, 103 Stat. 1770; Pub. L. 104–317, title III, §301, Oct. 19, 1996, 110 Stat. 3851; Pub. L. 106–398, §1 [[div. A], title VI, §654(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-165; Pub. L. 106–518, title III, §303, Nov. 13, 2000, 114 Stat. 2417.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§375 and 375a (Mar. 3, 1911, ch. 231, §260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, §6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 1937, ch. 21, §§1, 2, 50 Stat. 24; Feb. 11, 1938, ch. 25, §1, 52 Stat. 28; May 11, 1944, ch. 192, §1, 58 Stat. 218).
This section consolidates provisions of sections 375 and 375a of title 28, U.S.C., 1940 ed., relating to resignation and retirement. Remaining provisions of said section 375 now appear in sections 136, 294, and 756 of this title, and remaining provisions of said section 375a now appear in section 294 of this title.
Words "may resign, or may retain his office but retire from regular active service" were used to clarify the difference between resignation and retirement. Resignation results in loss of the judge's office, while retirement does not. (Booth v. U.S., 1933, 54 S. Ct. 379, 291 U.S. 339, 78 L. Ed. 836; U.S. v. Moore, 1939, 101 F. 2d 56, certiorari denied 59 S. Ct. 788, 306 U.S. 664, 83 L. Ed. 1060.)
Terms "judge of the United States" and "justice of the United States" are defined in section 451 of this title.
The revised section continues the provision respecting the salary of a resigned judge but changes such provision for retired judges and makes them eligible to receive any increases provided by Congress for the office from which they retired. This change is in harmony with the clear line of distinction drawn by Congress between retirement and resignation.
Editorial Notes
Amendments
2000—Subsec. (b). Pub. L. 106–398, §1 [[div. A], title VI, §654(a)(2)], substituted "subsection (e)" for "subsection (f)" wherever appearing.
Subsec. (e). Pub. L. 106–518, which directed amendment of subsec. (e) by inserting ", except such pay as is deductible from the retired or retainer pay as a result of participation in any survivor's benefits plan in connection with the retired pay," after "such retired or retainer pay", could not be executed because of amendment by Pub. L. 106–398. See below.
Pub. L. 106–398, §1 [[div. A], title VI, §654(a)(1)], redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: "Notwithstanding subsection (c) of section 5532 of title 5, if a regular or reserve member or former member of a uniformed service who is receiving retired or retainer pay becomes employed as a justice or judge of the United States, as defined by section 451, or becomes eligible therefor while so employed, such retired or retainer pay shall not be paid during regular active service as a justice or judge, but shall be resumed or commenced without reduction upon retirement from the judicial office or from regular active service (into senior status) as such justice or judge."
Subsec. (f). Pub. L. 106–398, §1 [[div. A], title VI, §654(a)(1)(B)], redesignated subsec. (f) as (e).
1996—Subsec. (f)(1)(D). Pub. L. 104–317, §301(b), inserted at end "In any year in which a justice or judge performs work described under this subparagraph for less than the full year, one-half of such work may be aggregated with work described under subparagraph (A), (B), or (C) of this paragraph for the purpose of the justice or judge satisfying the requirements of such subparagraph."
Subsec. (f)(3). Pub. L. 104–317, §301(a), substituted "may thereafter receive a certification for that year by satisfying the requirements of subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection in a subsequent year and attributing a sufficient part of the work performed in such subsequent year to the earlier year so that the work so attributed, when added to the work performed during such earlier year, satisfies the requirements for certification for that year. However, a justice or judge may not receive credit for the same work for purposes of certification for more than 1 year." for "is thereafter ineligible to receive such a certification."
1989—Subsec. (b). Pub. L. 101–194, §705(a)(1), designated existing provisions as par. (1), inserted "or her" after "his", substituted "of the office if he or she meets the requirements of subsection (f)" for "of the office", and added par. (2).
Subsec. (f). Pub. L. 101–194, §705(a)(2), added subsec. (f).
1988—Subsec. (e). Pub. L. 100–702 added subsec. (e).
1984—Pub. L. 98–353 substituted "Retirement on salary; retirement in senior status" for "Resignation or retirement for age" in section catchline.
Subsec. (a). Pub. L. 98–353 amended subsec. (a) generally, substituting "may retire from the office after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) and shall, during the remainder of his lifetime, receive an annuity equal to the salary he was receiving at the time he retired" for "who resigns after attaining the age of seventy years and after serving at least ten years continuously or otherwise shall, during the remainder of his lifetime, continue to receive the salary which he was receiving when he resigned".
Subsec. (b). Pub. L. 98–353 amended subsec. (b) generally, substituting "may retain the office but retire from regular active service after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) of this section and shall, during the remainder of his lifetime, continue to receive the salary of the office" for "may retain his office but retire from regular active service after attaining the age of seventy years and after serving at least ten years continuously or otherwise, or after attaining the age of sixty-five years and after serving at least fifteen years continuously or otherwise. He shall, during the remainder of his lifetime, continue to receive the salary of the office. The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires".
Subsecs. (c), (d). Pub. L. 98–353 added subsecs. (c) and (d).
1954—Act Feb. 10, 1954, struck out "; substitute judge on failure to retire" in section catchline.
Subsec. (a). Act Feb. 10, 1954, reenacted subsec. (a) without change.
Subsec. (b). Act Feb. 10, 1954, in first sentence, inserted provision for retirement after attaining the age of 65 years and after serving 15 years continuously or otherwise.
Subsec. (c). Act Feb. 10, 1954, in general amendment of section, omitted subsec. (c) which related to appointment of substitute judges for disabled judges eligible to resign or retire where the latter fail to resign or retire, and to precedence of such disabled judges who remain on the active list after the appointment of substitutes.
1951—Act Oct. 31, 1951, subdivided section into subsections, and limited second par. of subsec. (c) (as so designated) to judges who remain on the active list but whose disabilities cause the appointment of additional judges as authorized by first par. of such subsec.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Pub. L. 106–398, §1 [[div. A], title VI, §654(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-165, provided that: "The amendments made by this section [amending this section and repealing section 180 of this title] shall take effect as of October 1, 1999."
Effective Date of 1989 Amendment
Pub. L. 101–194, title VII, §705(b), Nov. 30, 1989, 103 Stat. 1771, provided that:
"(1) In general.—The amendments made by subsection (a) [amending this section] shall first apply with respect to work performed on or after January 1, 1990, by a justice or judge of the United States who has retired under section 371(b) of title 28, United States Code.
"(2) Calendar year 1990.—In the case of certifications required by section 371(f) of title 28, United States Code, for calendar year 1990—
"(A) such certifications shall be based on the 10-month period beginning on January 1, 1990, and ending on October 31, 1990, and shall be completed not later than December 15, 1990;
"(B) determinations of work performed under section 371(f) of title 28, United States Code, shall be made pro rata on the basis of such 10-month period; and
"(C) such certifications shall be deemed to be certifications made in calendar year 1991."
Effective Date of 1988 Amendment
Pub. L. 100–702, title X, §1005(b), Nov. 19, 1988, 102 Stat. 4666, provided that: "The amendment made by this section [amending this section] shall apply to a justice or judge who retires, or has retired, from the judicial office or from regular active service (into senior status) as such justice or judge of the United States on or after the effective date of section 5532(c) of title 5 [effective 90 days after Oct. 13, 1978, see Effective Date of 1978 Amendment note under section 1101 of Title 5, Government Organization and Employees], and to whom section 5532(c) would otherwise be applicable."
Effective Date of 1984 Amendment
Pub. L. 98–353, title II, §204(c), July 10, 1984, 98 Stat. 350, provided that: "The amendments made by this section [amending this section] shall apply with respect to any justice or judge of the United States appointed to hold office during good behavior who retires on or after the date of enactment of this Act [July 10, 1984]."
Computation of Judicial Service, District of Alaska
Pub. L. 89–70, July 8, 1965, 79 Stat. 213, provided that any service as a judge of the District Court for the Territory of Alaska would be included in computing under this section and section 372 of this title the aggregate years of judicial service of a United States district judge for the district of Alaska.
Judicial Service in Hawaii Included Within Computation of Aggregate Years of Judicial Service
Pub. L. 86–3, §14(d), Mar. 18, 1959, 73 Stat. 10, provided in part: "That service as a judge of the District Court for the Territory of Hawaii or as a judge of the United States District Court for the District of Hawaii or as a justice of the Supreme Court of the Territory of Hawaii or as a judge of the circuit courts of the Territory of Hawaii shall be included in computing under section 371, 372, or 373 of title 28, United States Code, the aggregate years of judicial service of any person who is in office as a district judge for the District of Hawaii on the date of enactment of this Act [Mar. 18, 1959]."
§372. Retirement for disability; substitute judge on failure to retire
(a) Any justice or judge of the United States appointed to hold office during good behavior who becomes permanently disabled from performing his duties may retire from regular active service, and the President shall, by and with the advice and consent of the Senate, appoint a successor.
Any justice or judge of the United States desiring to retire under this section shall certify to the President his disability in writing.
Whenever an associate justice of the Supreme Court, a chief judge of a circuit or the chief judge of the Court of International Trade, desires to retire under this section, he shall furnish to the President a certificate of disability signed by the Chief Justice of the United States.
A circuit or district judge, desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his circuit.
A judge of the Court of International Trade desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his court.
Each justice or judge retiring under this section after serving ten years continuously or otherwise shall, during the remainder of his lifetime, receive the salary of the office. A justice or judge retiring under this section who has served less than ten years in all shall, during the remainder of his lifetime, receive one-half the salary of the office.
(b) Whenever any judge of the United States appointed to hold office during good behavior who is eligible to retire under this section does not do so and a certificate of his disability signed by a majority of the members of the Judicial Council of his circuit in the case of a circuit or district judge, or by the Chief Justice of the United States in the case of the Chief Judge of the Court of International Trade, or by the chief judge of his court in the case of a judge of the Court of International Trade, is presented to the President and the President finds that such judge is unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability and that the appointment of an additional judge is necessary for the efficient dispatch of business, the President may make such appointment by and with the advice and consent of the Senate. Whenever any such additional judge is appointed, the vacancy subsequently caused by the death, resignation, or retirement of the disabled judge shall not be filled. Any judge whose disability causes the appointment of an additional judge shall, for purpose of precedence, service as chief judge, or temporary performance of the duties of that office, be treated as junior in commission to the other judges of the circuit, district, or court.
(June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, §67, 63 Stat. 99; Feb. 10, 1954, ch. 6, §4(a), 68 Stat. 12; Pub. L. 85–261, Sept. 2, 1957, 71 Stat. 586; Pub. L. 96–417, title V, §501(9), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 96–458, §3(a), (b), Oct. 15, 1980, 94 Stat. 2036, 2040; Pub. L. 97–164, title I, §112, Apr. 2, 1982, 96 Stat. 29; Pub. L. 98–353, title I, §107, July 10, 1984, 98 Stat. 342; Pub. L. 100–702, title IV, §403(c), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101–650, title IV, §402, Dec. 1, 1990, 104 Stat. 5122; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 107–273, div. C, title I, §11043(a)(1), Nov. 2, 2002, 116 Stat. 1855.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §§375b, 375c, and 375d (Aug. 5, 1939, ch. 433, §§1–3, 53 Stat. 1204, 1205).
This section consolidates sections 375b, 375c, and 375d of title 28, U.S.C., 1940 ed.
Section 375e of title 28, U.S.C., 1940 ed. providing that term "senior circuit judge" includes the Chief Justice of the United States Court of Appeals for the District of Columbia, and the term "judicial circuit" includes the District of Columbia, was omitted from this revision as unnecessary. Such district is included as a judicial circuit by section 41 of this title.
Words "justice or judge of the United States" were used to describe members of all courts who hold office during good behavior. (See reviser's note under section 371 of this title.)
Term "chief judge" was substituted for "Chief Justice" of the Court of Claims, "presiding judge" of the Court of Customs and Patent Appeals and "senior circuit judge." (See Reviser's Note under section 136 of this title.)
For clarity and convenience the requirement that certificates of disability be submitted "to the President," was made explicit.
The revised section requires a judge of the Customs Court to furnish a certificate of disability signed by the chief judge of his court, instead of by the chief judge of the Court of Customs and Patent Appeals as in said section 375c of title 28, U.S.C., 1940 ed. This change insures signing of the certificate of disability by the chief judge possessing knowledge of the facts.
Changes were made in phraseology and arrangement.
1949 Act
Subsection (a) of this section amends section 372 of title 28, U.S.C., to express the requirement that appointment of successors to justices or judges must be made with confirmation by the Senate. Subsection (b) of this section clarifies the intent of section 372 of title 28, U.S.C., and conforms with the language of section 371 of such title.
Editorial Notes
Amendments
2002—Pub. L. 107–273, §11043(a)(1)(A), struck out "; judicial discipline" after "failure to retire" in section catchline.
Subsec. (c). Pub. L. 107–273, §11043(a)(1)(B), struck out subsec. (c), which had authorized complaints against circuit, district, bankruptcy, and magistrate judges, and set forth procedures for investigation and disposition of complaints. See chapter 16 of this title.
1992—Subsec. (c)(18). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".
1990—Subsec. (c)(1). Pub. L. 101–650, §402(a), inserted at end "In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the chief judge of the circuit, the chief judge may, by written order stating reasons therefor, identify a complaint for purposes of this subsection and thereby dispense with filing of a written complaint."
Subsec. (c)(3)(B). Pub. L. 101–650, §402(f), inserted before period at end "or that action on the complaint is no longer necessary because of intervening events".
Subsec. (c)(4). Pub. L. 101–650, §402(b), inserted at end "A judge appointed to a special committee under this paragraph may continue to serve on that committee after becoming a senior judge or, in the case of the chief judge of the circuit, after his or her term as chief judge terminates under subsection (a)(3) or (c) of section 45 of this title. If a judge appointed to a committee under this paragraph dies, or retires from office under section 371(a) of this title, while serving on the committee, the chief judge of the circuit may appoint another circuit or district judge, as the case may be, to the committee."
Subsec. (c)(6). Pub. L. 101–650, §402(g), added subpar. (C) and redesignated former subpar. (C) as (D).
Subsec. (c)(7)(B). Pub. L. 101–650, §402(i)(1), substituted "may have engaged in conduct" for "has engaged in conduct" in introductory provisions and "article II" for "article I" in cl. (i).
Subsec. (c)(8). Pub. L. 101–650, §402(d), designated existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 101–650, §402(c)(1), inserted at end "Upon receipt of the determination and record of proceedings in the House of Representatives, the Clerk of the House of Representatives shall make available to the public the determination and any reasons for the determination."
Subsec. (c)(11). Pub. L. 101–650, §402(e), inserted at end "No rule promulgated under this subsection may limit the period of time within which a person may file a complaint under this subsection."
Subsec. (c)(14). Pub. L. 101–650, §402(c)(2)(A), (B), substituted "Except as provided in paragraph (8), all" for "All" and "except to the extent that" for "unless" in introductory provisions.
Subsec. (c)(14)(A). Pub. L. 101–650, §402(c)(2)(E), added subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (c)(14)(B). Pub. L. 101–650, §402(c)(2)(D), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).
Pub. L. 101–650, §402(c)(2)(C), inserted "such disclosure is" before "authorized".
Subsec. (c)(14)(C). Pub. L. 101–650, §402(c)(2)(D), (i)(2), redesignated subpar. (B) as (C) and substituted "subject of the complaint" for "subject to the complaint".
Subsec. (c)(16) to (18). Pub. L. 101–650, §402(h), added par. (16) and redesignated former pars. (16) and (17) as (17) and (18), respectively.
1988—Subsec. (c)(11). Pub. L. 100–702 inserted before last sentence "Any such rule shall be made or amended only after giving appropriate public notice and an opportunity for comment."
1984—Subsec. (c)(6)(B)(vii). Pub. L. 98–353 substituted "section 152" for "section 153".
1982—Subsec. (a). Pub. L. 97–164, §112(a), struck out "Court of Claims, Court of Customs and Patent Appeals, or" before "Court of International Trade" in third and fifth pars.
Subsec. (b). Pub. L. 97–164, §112(b), struck out "Court of Claims, Court of Customs and Patent Appeals, or" before "Court of International Trade" wherever appearing.
Subsec. (c)(17). Pub. L. 97–164, §112(c), substituted "United States Claims Court, the Court of International Trade, and the Court of Appeals for the Federal Circuit" for "Court of Claims, the Court of Customs and Patent Appeals, and the Customs Court".
1980—Pub. L. 96–458, §3(b), inserted "judicial discipline" in section catchline.
Subsecs. (a), (b). Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
Subsec. (c). Pub. L. 96–458, §3(a), added subsec. (c).
1957—Subsec. (b). Pub. L. 85–261 added subsec. (b).
1954—Act Feb. 10, 1954, inserted "; substitute judge on failure to retire" in section catchline (but without adding any provisions on such subject to the text of the section, see 1957 amendment), and inserted "under this section" after "retire" in third, fourth, and fifth pars.
1949—Act May 24, 1949, amended section to include provision that appointment of successors to justices or judges must be made with consent of Senate, and inserted "continuously or otherwise" after "Each justice or judge" in last par.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–650 effective 90 days after Dec. 1, 1990, see section 407 of Pub. L. 101–650, set out as a note under section 332 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–702 effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as a note under section 2071 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353 effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as an Effective Date note under section 151 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendments
Amendment by Pub. L. 96–458 effective Oct. 1, 1981, see section 7 of Pub. L. 96–458, set out as a note under section 331 of this title.
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
National Commission on Judicial Discipline and Removal
Pub. L. 102–368, title I, Sept. 23, 1992, 106 Stat. 1118, provided in part that the National Commission on Judicial Discipline and Removal was to submit to Congress, the Chief Justice of the United States, and the President, the report mandated in subtitle II of title IV of Pub. L. 101–650 no later than Aug. 1, 1993.
Subtitle II of title IV of Pub. L. 101–650, Dec. 1, 1990, 104 Stat. 5124, as amended by Pub. L. 102–198, §8(a), (b)(2), Dec. 9, 1991, 105 Stat. 1625, 1626, known as the National Commission on Judicial Discipline and Removal Act, established the National Commission on Judicial Discipline and Removal to study the problems involved in the tenure of article III judges and submit to Congress, the Chief Justice of the United States, and the President, not later than one year after the Commission's first meeting, a report of its findings, conclusions, and recommendations, and provided that the Commission was to terminate 30 days after submission of the report.
Computation of Judicial Service, District of Alaska
Inclusion of service as judge of the District Court for the Territory of Alaska in the computation of years of judicial service for judges of the United States District Court for the District of Alaska, see Pub. L. 89–70, set out as a note under section 371 of this title.
Judicial Service in Hawaii
Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) of Pub. L. 86–3, set out as a note under section 371 of this title.
§373. Judges in territories and possessions
(a) Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who retires from office after attaining the age and meeting the service requirements whether continuous or otherwise, of subsection (b) shall, during the remainder of his lifetime, receive an annuity equal to the salary he is receiving at the time he retires.
(b) The age and service requirements for retirement under subsection (a) of this section are as follows:
| Attained age: | Years of service: |
|---|
| 65 |
15 |
| 66 |
14 |
| 67 |
13 |
| 68 |
12 |
| 69 |
11 |
| 70 |
10 |
(c)(1) Any judge or former judge who is receiving an annuity pursuant to this section may elect to become a senior judge of the court upon which he served before retiring.
(2) The chief judge of a judicial circuit may recall any such senior judge, with the judge's consent, to perform, for the court from which he retired, such judicial duties for such periods of time as the chief judge may specify.
(3) Any act or failure to act by a senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall have the same force and effect as if it were an act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge of the court on which he is serving as a recalled annuitant for purposes of the number of judgeships authorized for that court.
(4) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall be paid, while performing such duties, the same compensation (in lieu of the annuity payable under subsection (a) of this section) and the same allowances for travel and other expenses as a judge on active duty with the court being served.
(5) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall at all times be governed by the code of judicial conduct for United States judges approved by the Judicial Conference of the United States.
(d) Any judge who elects to become a senior judge under subsection (c) of this section and who thereafter—
(1) accepts civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to recall under subsection (c) of this section);
(2) engages in the practice of law; or
(3) materially violates the code of judicial conduct for United States judges,
shall cease to be a senior judge and to be eligible for recall pursuant to subsection (c) of this section.
(e) Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who is removed by the President of the United States upon the sole ground of mental or physical disability, or who is not reappointed (as judge of such court), shall be entitled, upon attaining the age of sixty-five years or upon relinquishing office if he is then beyond the age of sixty-five years, (1) if his judicial service, continuous or otherwise, aggregates fifteen years or more, to receive during the remainder of his life an annuity equal to the salary he received when he left office, or (2) if his judicial service, continuous or otherwise, aggregated less than fifteen years but not less than ten years, to receive during the remainder of his life an annuity equal to that proportion of such salary which the aggregate number of his years of his judicial service bears to fifteen.
(f) Service at any time as a judge of the courts referred to in subsection (a) or of any other court of the United States, as defined by section 451 of this title, shall be included in the computation of aggregate years of judicial service for purposes of this section.
(g) Any retired judge who is entitled to receive an annuity under subsection (a) shall be entitled to a cost of living adjustment in the amount payable to him computed as specified in section 8340(b) of title 5, except that in no case may the annuity payable to such retired judge, as increased under this subsection, exceed 95 per centum of the salary of a United States district judge in regular active service.
(June 25, 1948, ch. 646, 62 Stat. 904; Oct. 31, 1951, ch. 655, §40, 65 Stat. 724; Feb. 10, 1954, ch. 6, §5, 68 Stat. 13; Pub. L. 85–508, §12(d), July 7, 1958, 72 Stat. 348; Pub. L. 86–3, §14(d), Mar. 18, 1959, 73 Stat. 10; Pub. L. 89–571, §2, Sept. 12, 1966, 80 Stat. 764; Pub. L. 94–470, Oct. 11, 1976, 90 Stat. 2052; Pub. L. 99–396, §21(a), Aug. 27, 1986, 100 Stat. 844.)
Historical and Revision Notes
Based on section 634b and 634c of title 48, U.S.C., 1940 ed., Territories and Insular Possessions. [title 28, U.S.C., 1940 ed., §§375g, 375g note, 375h] (May 31, 1938, ch. 301, §§1, 2, 52 Stat. 591; Apr. 16, 1946, ch. 139, §§1, 2, 3, 60 Stat. 90, 91).
Section consolidates sections 634b and 634c of title 48, U.S.C., 1940 ed., as amended and transferred to title 28, U.S.C., 1940 ed., as sections 375g and 375h thereof, with changes of phraseology necessary to effect consolidation.
Editorial Notes
Amendments
1986—Pub. L. 99–396 amended section generally. Prior to amendment, section read as follows:
"Any judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, who resigns after attaining the age of seventy years and after serving at least ten years, continuously or otherwise, or after attaining the age of sixty-five years and after serving at least fifteen years, continuously or otherwise, shall continue during the remainder of his life to receive the salary he received when he relinquished office.
"Any judge of any such courts who is removed by the President of the United States upon the sole ground of mental or physical disability, or who fails of reappointment, shall be entitled, upon attaining the age of sixty-five years or upon relinquishing office if he is then beyond the age of sixty-five years, (a) if his judicial service aggregated sixteen years or more, to receive during the remainder of his life the salary he received when he relinquished office, or (b) if his judicial service aggregated less than sixteen years but not less than ten years, to receive during the remainder of his life that proportion of such salary which the aggregate number of years of his judicial service bears to sixteen.
"Service at any time in any of the courts referred to in the first paragraph, or in any other court under appointment by the President, shall be included in the computation of aggregate years of judicial service for the purposes of this section.
"Any judge who has retired by resigning under the provisions of this section, or who is otherwise entitled to payments under this section, shall be entitled after the effective date of this Act to a cost-of-living adjustment in the amount payable to him computed as specified in section 8340(b) of title 5, United States Code: Provided, however, That in no case shall the salary or amount payable to such judge as increased under this paragraph exceed 95 per centum of the salary of a United States district court judge in regular active service."
1976—Pub. L. 94–470 inserted cost-of-living adjustment provision, including limitation of payment to amount no greater than 95 per centum of salary of a United States district court judge in regular active service.
1966—Pub. L. 89–571 removed the United States District Court for District of Puerto Rico from list of courts to which the provisions of section are applicable.
1959—Pub. L. 86–3 struck out references to judges of United States District Court for District of Hawaii and to justices of Supreme Court of Territory of Hawaii. See section 91 of this title and notes thereunder.
1958—Pub. L. 85–508 struck out provisions which related to District Court for Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.
1954—Act Feb. 10, 1954, among other changes, inserted provisions for retirement after attaining the age of 65 years and after serving at least fifteen years continuously or otherwise, changed period of service in connection with retirement at age 70, and reduced from 70 to 65 years the age requirement in connection with payment of salary after removal for mental or physical disability or failure of reappointment.
1951—Act Oct. 31, 1951, inserted reference to judge of District Court of Guam in first par.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Pub. L. 99–396, §21(c), Aug. 27, 1986, 100 Stat. 846, provided that: "The amendments made by this section [amending this section and section 376 of this title] shall not affect the amount payable to a judge who retired in accordance with the provisions of section 373 of title 28, United States Code, in effect on the day before the date of enactment of this Act [Aug. 27, 1986]."
Effective Date of 1959 Amendment
Amendment by Pub. L. 86–3 effective on admission of State of Hawaii into the Union, see note set out under section 91 of this title. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.
Election, Recall, Status, Compensation, Conduct, and Termination of Senior Judges
Pub. L. 98–454, title X, §1002, Oct. 5, 1984, 98 Stat. 1745, provided that:
"(a) Any judge or former judge who is receiving, or will upon attaining the age of sixty-five years be entitled to receive, payments pursuant to section 373 of title 28, United States Code[,] may elect to become a senior judge of the court on which he served while on active duty.
"(b) The chief judge of a judicial circuit may recall any such senior judge of his circuit, with the judge's consent, to perform in the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands such judicial duties and for such periods of time as the chief judge may specify.
"(c) Any act or failure to act by a senior judge performing judicial duties pursuant to this section shall have the same force and effect as if it were the act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge of the court on which he is serving for purposes of the number of judgeships authorized for that court.
"(d) Any senior judge shall be paid, while performing duties pursuant to this section, the same compensation (in lieu of payments pursuant to section 373 of title 28, United States Code) and the same allowances for travel and other expenses as a judge in active service.
"(e) Senior judges under subsection (a) of this section shall at all times be governed by the code of judicial conduct for the United States judges, approved by the Judicial Conference of the United States.
"(f) Any person who has elected to be a senior judge under subsection (a) of this section and who thereafter—
"(1) accepts civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to subsection (b) of this section);
"(2) engages in the practice of law; or
"(3) materially violated the code of judicial conduct for the United States judges,
shall cease to be a senior judge and to be eligible for recall pursuant to subsection (b) of this section."
Tenure and Salary Rights of Judges in Puerto Rico in Office on September 12, 1966
Amendment by Pub. L. 89–571 not to affect tenure of office or right to continue to receive salary after resignation, retirement, or failure of reappointment of any district judge for the District of Puerto Rico in office on Sept. 12, 1966, see section 4 of Pub. L. 89–571, set out as a note under section 134 of this title.
Preservation of Rights of Retired Judges of the District Court for the District of Hawaii and Justices of the Supreme Court of the Territory of Hawaii
Pub. L. 86–3, §14(d), Mar. 18, 1959, 73 Stat. 10, provided in part: "That the amendments made by this subsection shall not affect the rights of any judge or justice who may have retired before the effective date of this subsection". See Effective Date of 1959 Amendment note above.
Preservation of Rights of Retired Judges of the District Court for the Territory of Alaska
Pub. L. 85–508, §12(d), July 7, 1958, 72 Stat. 348, provided in part: "That the amendment made by this subsection shall not affect the rights of any judge who may have retired before it takes effect". See Effective Date of 1958 Amendment note above.
Judicial Service in Hawaii
Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) of Pub. L. 86–3, set out as a note under section 371 of this title.
§374. Residence of retired judges; official station
Retired judges of the United States are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which he customarily lives shall be deemed to be his official station for the purposes of section 456 of this title. The place where a judge or magistrate judge recalled under section 155, 375, 636, or 797 of this title maintains the actual abode in which the judge or magistrate judge customarily lives shall be deemed to be the official station of such judge or magistrate judge for purposes of section 604(a)(7) of this title.
(June 25, 1948, ch. 646, 62 Stat. 904; Pub. L. 86–312, §1, Sept. 21, 1959, 73 Stat. 587; Pub. L. 99–651, title II, §202(b), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §402 (Feb. 11, 1938, ch. 23, 52 Stat. 28).
Sections 44 and 133 of this title require that active circuit and district judges shall reside in the circuit or district to which appointed.
Changes were made in phraseology.
Editorial Notes
Amendments
1986—Pub. L. 99–651 inserted last sentence.
1959—Pub. L. 86–312 inserted sentence to provide that place where retired judge maintains actual abode shall be deemed to be his official station and inserted "; official station" in section catchline.
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge" substituted for "magistrate" wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–651 effective Jan. 1, 1987, see section 203 of Pub. L. 99–651, set out as a note under section 155 of this title.
§375. Recall of certain judges and magistrate judges
(a)(1) A bankruptcy judge or a United States magistrate judge appointed under chapter 43 of this title, who has retired under the provisions of section 377 of this title or under the applicable provisions of title 5 upon attaining the age and years of service requirements established in section 371(c) of this title, may agree to be recalled to serve under this section for a period of five years as a bankruptcy judge or magistrate judge, as the case may be, upon certification that substantial service is expected to be performed by such retired judge or magistrate judge during such 5-year period. With the agreement of the judge or magistrate judge involved, a certification under this subsection may be renewed for successive 5-year periods.
(2) For purposes of paragraph (1) of this subsection, a certification may be made, in the case of a bankruptcy judge or a United States magistrate,1 by the judicial council of the circuit in which the official duty station of the judge or magistrate at the time of retirement was located.
(3) For purposes of this section, the term "bankruptcy judge" means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984.
(b) A judge or magistrate judge recalled under this section may exercise all of the powers and duties of the office of judge or magistrate judge held at the time of retirement, including the ability to serve in any other judicial district to the extent applicable, but may not engage in the practice of law or engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of duties as a judicial officer.
(c) During the 5-year period in which a certification under subsection (a) is in effect, the judge or magistrate judge involved shall receive, in addition to the annuity provided under the provisions of section 377 of this title or under the applicable provisions of title 5, an amount equal to the difference between that annuity and the current salary of the office to which the judge or magistrate judge is recalled. The annuity of a bankruptcy judge or magistrate judge who completes that 5-year period of service, whose certification is not renewed, and who retired under section 377 of this title shall be equal to the salary in effect, at the end of that 5-year period, for the office from which he or she retired.
(d) A certification under subsection (a) may be terminated in accordance with chapter 16 of this title, and such a certification shall be terminated upon the death of the recalled judge or magistrate judge involved.
(e) Except as provided in subsection (b), nothing in this section shall affect the right of judges or magistrate judges who retire under the provisions of chapter 83 or chapter 84 of title 5 to serve as reemployed annuitants in accordance with the provisions of title 5. A judge or magistrate judge to whom this section applies may be recalled under section 155, 636(h), or 797 of this title, as the case may be, other than during a 5-year period in which a certification under subsection (a) is in effect with respect to that judge or magistrate judge.
(f) For purposes of determining the years of service requirements in order to be eligible for recall under this section, any service as a bankruptcy judge or a United States magistrate judge, and any prior service as a referee in bankruptcy or a United States commissioner, may be credited.
(g) Except as provided in subsection (c), a judge or magistrate judge recalled under this section who retired under the applicable provisions of title 5 shall be considered to be a reemployed annuitant under chapter 83 or chapter 84, as the case may be, of title 5.
(h) The Judicial Conference of the United States shall promulgate regulations to implement this section.
(Added Pub. L. 99–651, title II, §201(b)(1), Nov. 14, 1986, 100 Stat. 3647; amended Pub. L. 100–659, §4(b), Nov. 15, 1988, 102 Stat. 3918; Pub. L. 101–650, title III, §§321, 325(b)(2), Dec. 1, 1990, 104 Stat. 5117, 5121; Pub. L. 102–572, title IX, §904(a), Oct. 29, 1992, 106 Stat. 4517; Pub. L. 107–273, div. C, title I, §11043(d), Nov. 2, 2002, 116 Stat. 1855; Pub. L. 116–325, §5, Jan. 12, 2021, 134 Stat. 5094.)
Editorial Notes
Prior Provisions
A prior section 375, added Aug. 28, 1954, ch. 1053, §1, 68 Stat. 918; amended Aug. 3, 1956, ch. 944, §1(b), 70 Stat. 1021; Aug. 22, 1972, Pub. L. 92–397, §1, 86 Stat. 579, provided for annuities to widows of justices, prior to repeal by Pub. L. 96–504, §5, Dec. 5, 1980, 94 Stat. 2742.
Amendments
2021—Subsec. (h). Pub. L. 116–325 substituted "shall" for "may".
2002—Subsec. (d). Pub. L. 107–273 substituted "chapter 16" for "section 372(c)".
1992—Subsec. (a)(1). Pub. L. 102–572, §904(a)(1), struck out ", a judge of the Claims Court," after "A bankruptcy judge" and ", judge of the Claims Court," after "a bankruptcy judge".
Subsec. (a)(2). Pub. L. 102–572, §904(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "For purposes of paragraph (1) of this subsection, a certification may be made—
"(A) in the case of a bankruptcy judge or a United States magistrate, by the judicial council of the circuit in which the official duty station of the judge or magistrate at the time of retirement was located; and
"(B) in the case of a judge of the Claims Court, by the chief judge of the United States Claims Court."
Subsec. (a)(3). Pub. L. 102–572, §904(a)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "For purposes of this section—
"(A) the term 'bankruptcy judge' means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984; and
"(B) the term 'judge of the Claims Court' means a judge of the United States Claims Court who is appointed under chapter 7 of this title or who has served under section 167 of the Federal Courts Improvement Act of 1982."
Subsec. (f). Pub. L. 102–572, §904(a)(4), struck out ", a judge of the Claims Court," after "bankruptcy judge" and ", a commissioner of the Court of Claims," after "referee in bankruptcy".
1990—Subsec. (a)(1). Pub. L. 101–650 substituted "section 377 of this title" for "section 377 of title".
1988—Subsec. (a)(1). Pub. L. 100–659, §4(b)(1), inserted "under the provisions of section 377 of title or" after "has retired".
Subsec. (c). Pub. L. 100–659, §4(b)(2), inserted "under the provisions of section 377 of this title or" after "annuity provided" and inserted at end "The annuity of a bankruptcy judge or magistrate who completes that 5-year period of service, whose certification is not renewed, and who retired under section 377 of this title shall be equal to the salary in effect, at the end of that 5-year period, for the office from which he or she retired."
Subsec. (g). Pub. L. 100–659, §4(b)(3), inserted "who retired under the applicable provisions of title 5" after "section".
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge" and "magistrate judges" substituted for "magistrate" and "magistrates", respectively, wherever appearing in section catchline and text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under section 377 of this title.
Effective Date
Section effective Jan. 1, 1987, see section 203 of Pub. L. 99–651, set out as an Effective Date of 1986 Amendment note under section 155 of this title.
§376. Annuities for survivors of certain judicial officials of the United States
(a) For the purposes of this section—
(1) "judicial official" means:
(A) a Justice or judge of the United States, as defined by section 451 of this title;
(B) a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands;
(C) a Director of the Administrative Office of the United States Courts, after he or she has filed a waiver under subsection (a) of section 611 of this title;
(D) a Director of the Federal Judicial Center, after he or she has filed a waiver under subsection (a) of section 627 of this title;
(E) a Counselor to the Chief Justice of the United States, after he or she has filed a waiver in accordance with both subsection (a) of section 677 and subsection (a) of section 611 of this title;
(F) a full-time bankruptcy judge or a full-time United States magistrate judge; or
(G) a judge of the United States Court of Federal Claims;
who notifies the Director of the Administrative Office of the United States Courts in writing of his or her intention to come within the purview of this section within six months after (i) the date upon which he or she takes office, (ii) the date upon which he or she marries, (iii) January 1, 1977, (iv) October 1, 1986, (v) the date of the enactment of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, in the case of a full-time bankruptcy judge or United States magistrate judge in active service on that date, (vi) the date of the enactment of the Federal Courts Study Committee Implementation Act of 1990, in the case of a full-time judge of the Court of Federal Claims in active service on that date, or (vii) the date of the enactment of the Federal Courts Administration Act of 1992;
(2) "retirement salary" means:
(A) in the case of a Justice or judge of the United States, as defined by section 451 of this title, salary paid (i) after retirement from regular active service under subsection (b) of section 371 or subsection (a) of section 372 of this title, or (ii) after retirement from office by resignation on salary under subsection (a) of section 371 of this title;
(B) in the case of a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands, (i) an annuity paid under subsection (a) of section 373 of this title or (ii) compensation paid under paragraph (4) of subsection (c) of section 373 of this title;
(C) in the case of a Director of the Administrative Office of the United States Courts, an annuity paid under subsection (b) or (c) of section 611 of this title;
(D) in the case of a Director of the Federal Judicial Center, an annuity paid under subsection (b) or (c) of section 627 of this title;
(E) in the case of a Counselor to the Chief Justice of the United States, an annuity paid in accordance with both subsection (a) of section 677 and subsection (a) of section 611 of this title;
(F) in the case of a bankruptcy judge or United States magistrate judge, an annuity paid under section 377 of this title; and
(G) in the case of a judge of the United States Court of Federal Claims, an annuity paid under section 178 of this title;
(3) "widow" means the surviving wife of a "judicial official", who:
(A) has been married to him for at least one year on the day of his death; or
(B) is the mother of issue by that marriage;
(4) "widower" means the surviving husband of a "judicial official", who:
(A) has been married to her for at least one year on the day of her death; or
(B) is the father of issue by that marriage;
(5) "child" means:
(A) an unmarried child under eighteen years of age, including (i) an adopted child and (ii) a stepchild or recognized natural child who lived with the judicial official in a regular parent-child relationship;
(B) such unmarried child between eighteen and twenty-two years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable educational institution. A child whose twenty-second birthday occurs before July 1, or after August 31, of a calendar year, and while he or she is regularly pursuing such a course of study or training, is deemed to have become twenty-two years of age on the first day of July immediately following that birthday. A child who is a student is deemed not to have ceased being a student during an interim period between school years, if that interim period lasts no longer than five consecutive months and if that child shows, to the satisfaction of the Director of the Administrative Office of the United States Courts, that he or she has a bona fide intention of continuing to pursue a course of study or training in the same or a different school during the school semester, or other period into which the school year is divided, immediately following that interim period; or
(C) such unmarried child, regardless of age, who is incapable of self-support because of a mental or physical disability incurred either (i) before age eighteen, or (ii) in the case of a child who is receiving an annuity as a full-time student under paragraph (5)(B) of this subsection, before the termination of that annuity;
(6) "former spouse" means a former spouse of a judicial official if the former spouse was married to such judicial official for at least 9 months; and
(7) "assassinated" and "assassination" mean the killing of a judicial official described in paragraph (1)(A), (B), (F), or (G) of this subsection that is motivated by the performance by that judicial official of his or her official duties.
(b)(1) Every judicial official who files a written notification of his or her intention to come within the purview of this section, in accordance with paragraph (1) of subsection (a) of this section, shall be deemed thereby to consent and agree to having deducted and withheld from his or her salary a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary. The deduction from any retirement salary—
(A) of a justice or judge of the United States retired from regular active service under section 371(b) or section 372(a) of this title,
(B) of a judge of the United States Court of Federal Claims retired under section 178 of this title, or
(C) of a judicial official on recall under section 155(b), 373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement salary.
(2) A judicial official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary on a later date shall file, within 90 days before leaving office, a written notification of his or her intention to remain within the purview of this section under such conditions and procedures as may be determined by the Director of the Administrative Office of the United States Courts. Every judicial official who files a written notification in accordance with this paragraph shall be deemed to consent to contribute, during the period before such a judicial official begins to receive his or her retirement salary, a sum equal to 3.5 percent of the deferred retirement salary which that judicial official is entitled to receive. Any judicial official who fails to file a written notification under this paragraph shall be deemed to have revoked his or her election under subsection (a) of this section.
(3) The amounts deducted and withheld from the salary of each judicial official under paragraphs (1) and (2) of this subsection shall, in accordance with such procedures as may be prescribed by the Comptroller General of the United States, be covered into the Treasury of the United States and credited to the "Judicial Survivors' Annuities Fund" established by section 3 of the Judicial Survivors' Annuities Reform Act. Such fund shall be used for the payment of annuities, refunds, and allowances as provided by this section. Payment of such salary less such deductions (and any deductions made under section 178 or 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5) shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all services rendered by such judicial official during the period covered by such payment, except the rights to those benefits to which such judicial official, or his or her survivors, shall be entitled under the provisions of this section (and under section 178 or 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5).
(c)(1) There shall also be deposited to the credit of the Judicial Survivors' Annuities Fund, in accordance with such procedures as the Comptroller General of the United States may prescribe, amounts required to reduce to zero the unfunded liability of the Judicial Survivors' Annuities Fund: Provided, That such amounts shall not exceed the equivalent of 9 percent of salary or retirement salary. Such deposits shall, subject to appropriations Acts, be taken from the fund used to pay the compensation of the judicial official, and shall immediately become an integrated part of the Judicial Survivors' Annuities Fund for any use required under this section.
(2) For purposes of paragraph (1), the term "unfunded liability" means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31, United States Code, of the present value of all benefits payable from the Judicial Survivors' Annuities Fund, over the sum of—
(A) the present value of deductions to be withheld from the future basic pay of judicial officials; plus
(B) the balance in the Fund as of the date the unfunded liability is determined.
In making any determination under this paragraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31, United States Code, with respect to the judicial survivors' annuities plan established by this section.
(3) There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
(d) Each judicial official shall deposit, with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31 of each year, to the credit of the "Judicial Survivors' Annuities Fund":
(1) a sum equal to 3.5 percent of that salary, including "retirement salary", which he or she has received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section prior to the date upon which he or she filed notice of an intention to come within the purview of this section with the Director of the Administrative Office of the United States Courts; and
(2) a sum equal to 3.5 percent of the basic salary, pay, or compensation which he or she has received for serving as a Senator, Representative, Delegate, or Resident Commissioner in Congress, or for serving as an "employee", as that term is defined in subsection (1) of section 8331 of title 5, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section.
The interest otherwise required by this subsection shall not be required for any period during which a judicial official was separated from all such service and was not receiving any retirement salary.
Each such judicial official may elect to make such deposits in installments, during the continuance of his or her service in those offices designated in paragraph (1) of subsection (a) of this section, in such amounts and under such conditions as may be determined in each instance by the Director of the Administrative Office of the United States Courts: Provided, That, in each instance in which a judicial official does elect to make such deposits in installments, the Director shall require (i) that the first installment payment made shall be in an amount no smaller than that amount necessary to cover at least the last eighteen months of prior creditable civilian service, and (ii) that at least one additional installment payment shall be made every eighteen months thereafter until the total of all such deposits have been made.
Notwithstanding the failure of any such judicial official to make all such deposits or installment payments, credit shall be allowed for the service rendered, but the annuity of that judicial official's widow or widower shall be reduced by an amount equal to 10 percent of the amount of such deposits, computed as of the date of the death of such judicial official, unless such widow or widower shall elect to eliminate such service entirely from credit under subsection (k) of this section: Provided, That no deposit shall be required from any such judicial official for any honorable active duty service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, or for any other creditable service rendered prior to August 1, 1920.
(e) The amounts deducted and withheld in accordance with subsection (b) of this section, and the amounts deposited in accordance with subsection (d) of this section, shall be credited to individual accounts in the name of each judicial official from whom such amounts are received, for credit to the "Judicial Survivors' Annuities Fund".
(f) The Secretary of the Treasury shall invest, from time to time, in interest bearing securities of the United States or Federal farm loan bonds, those portions of the "Judicial Survivors' Annuities Fund" which in his judgment may not be immediately required for the payment of annuities, refunds, and allowances as provided in this section. The income derived from such investments shall constitute a part of such fund for the purposes of paying annuities and carrying out the provisions of subsections (g), (h), (m), (o), (p), and (q) of this section.
(g) If any judicial official leaves office and is ineligible to receive a retirement salary or leaves office and is entitled to a deferred retirement salary but fails to make an election under subsection (b)(2) of this section, all amounts credited to his or her account established under subsection (e), together with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31 of each year, to the date of his or her relinquishment of office, minus a sum equal to 2.2 percent of salary for service while deductions were withheld under subsection (b) or for which a deposit was made by the judicial official under subsection (d), shall be returned to that judicial official in a lump-sum payment within a reasonable period of time following the date of his or her relinquishment of office. For the purposes of this section, a "reasonable period of time" shall be presumed to be no longer than 1 year following the date upon which such judicial official relinquishes his or her office.
(h) Annuities payable under this section shall be paid only in accordance with the following provisions:
(1) In any case in which a judicial official dies while in office, while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section (A) after having completed at least eighteen months of creditable civilian service, as computed in accordance with subsection (k) of this section, for the last eighteen months of which the salary deductions provided by subsection (b) of this section or, in lieu thereof, the deposits required by subsection (d) of this section have actually been made, or (B) if the death of such judicial official was by assassination, before having satisfied the requirements of clause (A) if, for the period of such service, the deductions provided by subsection (b) or, in lieu thereof, the deposits required by subsection (d) have actually been made—
(i) if such judicial official is survived by a widow or widower, but not by a child, there shall be paid to such widow or widower an annuity, beginning on the day on which such judicial official died, in an amount computed as provided in subsection (l) of this section; or
(ii) if such judicial official is survived by a widow or widower and a child or children, there shall be paid to such widow or widower an annuity, beginning on the day on which such judicial official died, in an amount computed as provided in subsection (l) of this section, and there shall also be paid to or on behalf of each such child an immediate annuity equal to:
(I) 10 percent of the average annual salary determined under subsection (l)(1) of this section; or
(II) 20 percent of such average annual salary, divided by the number of children;
whichever is smallest; or
(iii) if such judicial official leaves no surviving widow or widower, but does leave a surviving child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to:
(I) the amount of the annuity to which the judicial official's widow or widower would have been entitled under clause (i) of this paragraph, had such widow or widower survived the judicial official, divided by the number of children; or
(II) 20 percent of the average annual salary determined under subsection (l)(1) of this section; or
(III) 40 percent of such average annual salary amount, divided by the number of children;
whichever is smallest.
(2) An annuity payable to a widow or widower under clause (i) or (ii) of paragraph (1) of this subsection shall be terminated upon his or her death or remarriage before attaining age 55, subject to subsection (w).
(3) An annuity payable to a child under this subsection shall terminate:
(A) if such child is receiving an annuity based upon his or her status under paragraph (5)(A) of subsection (a) of this section, on the last day of the month during which he or she becomes eighteen years of age;
(B) if such child is receiving an annuity based upon his or her status under paragraph (5)(B) of subsection (a) of this section, either (i) on the first day of July immediately following his or her twenty-second birthday or (ii) on the last day of the month during which he or she ceases to be a full-time student in accordance with paragraph (5)(B) of subsection (a) of this section, whichever occurs first: Provided, That if such child is rendered incapable of self-support because of a mental or physical disability incurred while receiving that annuity, that annuity shall not terminate, but shall continue without interruption and shall be deemed to have become, as of the date of disability, an annuity based upon his or her status under clause (ii) of paragraph (5)(C) of subsection (a) of this section;
(C) if such child is receiving an annuity based upon his or her status under paragraph (5)(C) of subsection (a) of this section, on the last day of the month during which he or she ceases to be incapable of self-support because of mental or physical disability; or
(D) on the last day of the month during which such child dies or marries.
(4) An annuity payable to a child or children under paragraph (1)(ii) of this subsection shall be recomputed and paid as provided in paragraph (1)(iii) of this subsection upon the death, but not upon the remarriage, of the widow or widower who is receiving an annuity under paragraph (1)(ii) of this subsection.
(5) In any case in which the annuity of a child is terminated, the annuity of each remaining child which is based upon the service of the same judicial official shall be recomputed and paid as though the child whose annuity has been terminated had not survived that judicial official.
(6) In the case of the survivor or survivors of a judicial official to whom paragraph (1)(B) applies, there shall be deducted from the annuities otherwise payable under this section an amount equal to the amount of salary deductions that would have been made if such deductions had been made for 18 months prior to the judicial official's death.
(i)(1) All questions of dependency and disability arising under this section shall be determined by the Director of the Administrative Office of the United States Courts, subject to review only by the Judicial Conference of the United States, and the decision of the Judicial Conference of the United States shall be final and conclusive. The Director may order or direct at any time such medical or other examinations as he deems necessary to determine the facts relative to the nature and degree of disability of any child who is an annuitant, or an applicant for an annuity, under this section, and may suspend or deny any such annuity for failure to submit to any such examination.
(2) The Director of the Administrative Office of the United States Courts shall determine whether the killing of a judicial official was an assassination, subject to review only by the Judicial Conference of the United States. The head of any Federal agency that investigates the killing of a judicial official shall provide information to the Director that would assist the Director in making such determination.
(j) In any case in which a payment under this section is to be made to a minor, or to a person mentally incompetent or under other legal disability, as determined by a court of competent jurisdiction, such payment may be made to the person who is constituted guardian or other fiduciary of such claimant by the laws of the State of residence of such claimant, or to any other person who is otherwise legally vested with the care of the claimant or of the claimant's estate, and need not be made directly to such claimant. The Director of the Administrative Office of the United States Courts may, at his or her discretion, determine whether such payment is made directly to such claimant or to such guardian, fiduciary, or other person legally vested with the care of such claimant or the claimant's estate. Where no guardian or other fiduciary of such minor or such person under legal disability has been appointed under the laws of the State of residence of such claimant, the Director of the Administrative Office of the United States Courts shall determine the person who is otherwise legally vested with the care of the claimant or of the claimant's estate.
(k) The years of service rendered by a judicial official which may be creditable in calculating the amount of an annuity for such judicial official's widow or widower under subsection (l) of this section shall include—
(1) those years during which such judicial official served in any of the offices designated in paragraph (1) of subsection (a) of this section, including in the case of a Justice or judge of the United States those years during which he or she continued to hold office following retirement from regular active service under section 371 or subsection (a) of section 372 of this title;
(2) those years during which such judicial official served as a Senator, Representative, Delegate, or Resident Commissioner in Congress, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section;
(3) those years during which such judicial official honorably served on active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section: Provided, That those years of such military service for which credit has been allowed for the purposes of retirement or retired pay under any other provision of law shall not be included as allowable years of such service under this section;
(4) those years during which such judicial official served as an "employee", as that term is defined in subsection (1) of section 8331 of title 5, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section,1 and
(5) those years during which such judicial official had deductions withheld from his or her retirement salary in accordance with subsection (b)(1) or (2) of this section.
For the purposes of this subsection the term "years" shall mean full years and twelfth parts thereof, excluding from the aggregate any fractional part of a month which numbers less than fifteen full days and including, as one full month, any fractional part of a month which numbers fifteen full days or more. Nothing in this subsection shall be interpreted as waiving or canceling that reduction in the annuity of a widow or widower which is required by subsection (d) of this section due to the failure of a judicial official to make those deposits required by subsection (d) of this section.
(l) The annuity of a widow or widower of a judicial official shall be an amount equal to the sum of—
(1) 1.5 percent of the average annual salary, including retirement salary, which such judicial official received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section (i) during those three years of such service, or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary was greatest, or (ii) if such judicial official has so served less than three years, then during the total period of such service prior to his or her death, multiplied by the total of:
(A) the number of years of creditable service tabulated in accordance with paragraph (1) of subsection (k) of this section; plus
(B) the number of years of creditable service tabulated in accordance with paragraph (2) of subsection (k) of this section; plus
(C) the number of years of creditable service tabulated in accordance with paragraph (3) of subsection (k) of this section; plus
(D) the number of years during which the judicial official had deductions withheld from his or her retirement salary under subsection (b)(1) or (2) of this section; plus
(E) the number of years up to, but not exceeding, fifteen of creditable service tabulated in accordance with paragraph (4) of subsection (k) of this section,
plus:
(2) three-fourths of 1 percent of such average annual salary, multiplied by the number of years of any prior creditable service, as tabulated in accordance with subsection (k) of this section, not applied under paragraph (1) of this subsection;
except that such annuity shall not exceed an amount equal to 50 percent of such average annual salary, nor be less than an amount equal to 25 percent of such average annual salary. Any annuity determined in accordance with the provisions of this subsection shall be reduced to the extent required by subsection (d) of this section, and by the amount of any annuity payable to a former spouse under subsection (t).
(m) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, each annuity payable from the Judicial Survivors' Annuities Fund shall be increased at the same time by the same percentage by which annuities are increased under that section.
(n) Each annuity authorized under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity shall have accrued. No annuity authorized under this section shall be assignable, either in law or in equity, except as provided in subsections (s) and (t), or subject to execution, levy, attachment, garnishment, or other legal process.
(o)(1) In any case in which a judicial official dies while in office, while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section, and;
(A) subject to paragraph (2) of this subsection, before having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which the salary deductions provided by subsection (b) of this section or the deposit required by subsection (d) of this section have actually been made; or
(B) after having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which all such deductions or deposits have been made, but without a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) or (t) of this section; or
(C) the rights of all persons entitled to receive the annuity benefits provided by subsection (h) or (t) of this section terminate before a valid claim therefor has been established;
the total amount credited to the individual account of that judicial official, established under subsection (e) of this section, with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31, of each year, to the date of that judicial official's death, shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence:
First, to the beneficiary or beneficiaries whom that judicial official may have designated in a writing received by the Administrative Office of the United States Courts prior to his or her death;
Second, if there be no such beneficiary, to the widow or widower of such judicial official;
Third, if none of the above, to the child or children of such judicial official and the descendants of any deceased children by representation;
Fourth, if none of the above, to the parents of such judicial official or the survivor of them;
Fifth, if none of the above, to the duly appointed executor, executrix, administrator, or administratrix of the estate of such judicial official;
Sixth, if none of the above, to such other next of kin of such judicial official, as may be determined by the Director of the Administrative Office of the United States Courts to be entitled to such payment, under the laws of the domicile of such judicial official, at the time of his or her death.
Such payment shall be a bar to recovery by any other person. For the purposes of this subsection only, a determination that an individual is a widow, widower, or child of a judicial official may be made by the Director of the Administrative Office of the United States Courts without regard to the definitions of those terms contained in paragraphs (3), (4), and (5) of subsection (a) of this section.
(2) In cases in which a judicial official dies as a result of assassination and leaves a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) or (t) of this section, paragraph (1)(A) of this subsection shall not apply.
(p) In any case in which all the annuities which are authorized by this section and based upon the service of a given official terminate before the aggregate amount of annuity payments received by the annuitant or annuitants equals the total amount credited to the individual account of such judicial official, established under subsection (e) of this section with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31, of each year, to the date of that judicial official's death, the difference between such total amount, with such interest, and such aggregate amount shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in subsection (o) of this section.
(q) Any accrued annuity benefits remaining unpaid upon the termination of an annuity, other than by the death of an annuitant, shall be paid to that annuitant. Any accrued annuity benefits remaining unpaid upon the death of an annuitant shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:
First, to the duly appointed executor, executrix, administrator, or administratrix of the estate of such annuitant;
Second, if there is no such executor, executrix, administrator, or administratrix, payments shall be made, after the expiration of sixty days from the date of death of such annuitant, to such individual or individuals as may appear, in the judgment of the Director of the Administrative Office of the United States Courts, to be legally entitled thereto, and such payment shall be a bar to recovery by any other individual.
(r) Nothing contained in this section shall be interpreted to prevent a widow or widower eligible for an annuity under this section from simultaneously receiving such an annuity while also receiving any other annuity to which such widow or widower may also be entitled under any other law without regard to this section: Provided, That service used in the computation of the annuity conferred by this section shall not also be credited in computing any such other annuity.
(s) A judicial official who has a former spouse may elect, under procedures prescribed by the Director of the Administrative Office of the United States Courts, to provide a survivor annuity for such former spouse under subsection (t). An election under this subsection shall be made at the time of retirement, or, if later, within 2 years after the date on which the marriage of the former spouse to the judicial official is dissolved. An election under this subsection—
(1) shall not be effective to the extent that it—
(A) conflicts with—
(i) any court order or decree referred to in subsection (t)(1), which was issued before the date of such election, or
(ii) any agreement referred to in such subsection which was entered into before such date; or
(B) would cause the total of survivor annuities payable under subsections (h) and (t) based on the service of the judicial official to exceed 55 percent of the average annual salary (as such term is used in subsection (l)) of such official; and
(2) shall not be effective, in the case of a judicial official who is then married, unless it is made with the spouse's written consent.
The Director of the Administrative Office of the United States Courts shall provide by regulation that paragraph (2) of this subsection may be waived if the judicial official establishes to the satisfaction of the Director that the spouse's whereabouts cannot be determined, or that, due to exceptional circumstances, requiring the judicial official to seek the spouse's consent would otherwise be inappropriate.
(t)(1) Subject to paragraphs (2) through (4) of this subsection, a former spouse of a deceased judicial official is entitled to a survivor annuity under this section if and to the extent expressly provided for in an election under subsection (s), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.
(2) The annuity payable to a former spouse under this subsection may not exceed the difference between—
(A) the maximum amount that would be payable as an annuity to a widow or widower under subsection (l), determined without taking into account any reduction of such annuity caused by payment of an annuity to a former spouse; and
(B) the amount of any annuity payable under this subsection to any other former spouse of the judicial official, based on an election previously made under subsection (s), or a court order previously issued.
(3) The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—
(A) shall not commence before—
(i) the day after the judicial official dies, or
(ii) the first day of the second month beginning after the date on which the Director of the Administrative Office of the United States Courts receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Director may prescribe,
whichever is later, and
(B) shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies.
(4) For purposes of this section, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective—
(A) if such modification is made after the retirement of the judicial official concerned, and
(B) to the extent that such modification involves an annuity under this subsection.
(u) In the case of a judicial official who is assassinated, an annuity shall be paid under this section notwithstanding a survivor's eligibility for or receipt of benefits under chapter 81 of title 5, except that the annuity for which a surviving spouse is eligible under this section shall be reduced to the extent that the total benefits paid under this section and chapter 81 of title 5 for any year would exceed the current salary for that year of the office of the judicial official.
(v) Subject to the terms of a decree, court order, or agreement described in subsection (t)(1), if any judicial official ceases to be married after making the election under subsection (a), he or she may revoke such election in writing by notifying the Director of the Administrative Office of the United States Courts. The judicial official shall also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director of the Administrative Office of the United States Courts shall by regulation prescribe. The Director may provide under such regulations that the notification requirement may be waived with respect to a spouse or former spouse if the judicial official establishes to the satisfaction of the Director that the whereabouts of such spouse or former spouse cannot be determined.
(w) In the case of a widow or widower whose annuity under clause (i) or (ii) of subsection (h)(1) is terminated because of remarriage before attaining 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if—
(1) the widow or widower elects to receive this annuity instead of any other survivor annuity to which such widow or widower may be entitled, under this chapter or under another retirement system for Government employees, by reason of the remarriage; and
(2) any payment made to such widow or widower under subsection (o) or (p) on termination of the annuity is returned to the Judicial Survivors' Annuities Fund.
(x) For each year of Federal judicial service completed, judicial officials who are enrolled in the Judicial Survivors' Annuities System on the date of enactment of the Judicial Survivors Protection Act of 2009 may purchase, in 3-month increments, up to an additional year of service credit, under the terms set forth in this section. In the case of judicial officials who elect to enroll in the Judicial Survivors' Annuities System during the statutory open enrollment period authorized under the Judicial Survivors Protection Act of 2009, for each year of Federal judicial service completed, such an official may purchase, in 3-month increments, up to an additional year of service credit for each year of Federal judicial service completed, under the terms set forth in section 4(a) of that Act.
(Added Aug. 3, 1956, ch. 944, §2, 70 Stat. 1021; amended Pub. L. 85–508, §12(n), July 7, 1958, 72 Stat. 348; Pub. L. 90–219, title II, §202, Dec. 20, 1967, 81 Stat. 668; Pub. L. 90–466, §1(a), Aug. 8, 1968, 82 Stat. 662; Pub. L. 92–397, §§2, 3(c), Aug. 22, 1972, 86 Stat. 579, 580; Pub. L. 94–554, §2, Oct. 19, 1976, 90 Stat. 2603; Pub. L. 95–598, title II, §211, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 99–336, §2(a), (d)(1)–(3), (e), June 19, 1986, 100 Stat. 633, 635-637; Pub. L. 99–396, §21(b), Aug. 27, 1986, 100 Stat. 846; Pub. L. 100–659, §3(a), Nov. 15, 1988, 102 Stat. 3917; Pub. L. 100–702, title X, §1017(a), Nov. 19, 1988, 102 Stat. 4670; Pub. L. 101–650, title III, §§306(b), 321, 322(a)–(f), (g)[(h)], Dec. 1, 1990, 104 Stat. 5109, 5117-5120; Pub. L. 102–572, title II, §201(a)–(i), title IX, §902(b), Oct. 29, 1992, 106 Stat. 4508–4510, 4516; Pub. L. 104–317, title III, §§302, 308, Oct. 19, 1996, 110 Stat. 3851, 3853; Pub. L. 106–518, title III, §312(b), Nov. 13, 2000, 114 Stat. 2421; Pub. L. 110–402, §1(b)(2), Oct. 13, 2008, 122 Stat. 4254; Pub. L. 110–428, §3(a), (b), Oct. 15, 2008, 122 Stat. 4840; Pub. L. 111–49, §6, Aug. 12, 2009, 123 Stat. 1977; Pub. L. 112–234, §2(b), Dec. 28, 2012, 126 Stat. 1624.)
Editorial Notes
References in Text
The date of the enactment of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (a)(1)(v), is the date of the enactment of Pub. L. 100–659, which was approved Nov. 15, 1988.
The date of the enactment of the Federal Courts Study Committee Implementation Act of 1990, referred to in subsec. (a)(1)(vi), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990.
The date of the enactment of the Federal Courts Administration Act of 1992, referred to in subsec. (a)(1)(vii), is the date of enactment of Pub. L. 102–572, which was approved Oct. 29, 1992.
Section 3 of the Judicial Survivors' Annuities Reform Act, referred to in subsec. (b)(3), is section 3 of Pub. L. 94–554, which is set out as a note below.
The date of enactment of the Judicial Survivors Protection Act of 2009, referred to in subsec. (x), is the date of enactment of Pub. L. 111–49, which was approved Aug. 12, 2009.
The Judicial Survivors Protection Act of 2009, referred to in subsec. (x), is Pub. L. 111–49, Aug. 12, 2009, 123 Stat. 1976, which amended this section and enacted provisions set out as a note under this section. Section 4(a) of the Act is set out in a note under this section. For complete classification of this Act to the Code, see Tables.
Amendments
2012—Subsec. (h)(2). Pub. L. 112–234, §2(b)(2), substituted "subsection (w)" for "subsection (x)".
Subsecs. (w) to (y). Pub. L. 112–234, §2(b)(1), redesignated subsecs. (x) and (y) as (w) and (x), respectively, and struck out former subsec. (w) which read as follows: "The Comptroller General of the United States shall, at the end of each 3-fiscal year period, determine whether the contributions by judicial officials under subsection (b) during that 3-year period accounted for 50 percent of the costs of the Judicial Survivors' Annuities Fund and if not, then what adjustments in the contribution rates under subsection (b) should be made to achieve that 50 percent figure. The Comptroller General shall report the results of each determination under this subsection to the Congress."
2009—Subsec. (y). Pub. L. 111–49 added subsec. (y).
2008—Subsec. (a)(1)(E), (2)(E). Pub. L. 110–402 substituted "a Counselor" for "an administrative assistant".
Subsec. (h)(2). Pub. L. 110–428, §3(b), substituted ", subject to subsection (x)." for period at end.
Subsec. (x). Pub. L. 110–428, §3(a), added subsec. (x).
2000—Subsec. (a)(1)(D). Pub. L. 106–518, §312(b)(1), substituted "subsection (a)" for "subsection (b)".
Subsec. (a)(2)(D). Pub. L. 106–518, §312(b)(2), substituted "subsection (b) or (c)" for "subsection (c) or (d)".
1996—Subsec. (b)(1). Pub. L. 104–317, §308, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Every judicial official who files a written notification of his or her intention to come within the purview of this section, in accordance with paragraph (1) of subsection (a) of this section, shall be deemed thereby to consent and agree to having deducted and withheld from his or her salary, a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary. The deduction from any retirement salary—
"(A) of a justice or judge of the United States retired from regular active service who is described in section 371(b)(1) of this title,
"(B) of a justice or judge of the United States retired under section 372(a) of this title who is willing and able to perform judicial duties in accordance with section 294 of this title,
"(C) of a judge of the United States Court of Federal Claims retired under section 178(a) or (b) of this title who meets the requirements of section 178(d) of this title, or
"(D) of a judicial official on recall under section 155(b), 797, 373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement salary."
Subsec. (o)(1). Pub. L. 104–317, §302, substituted "while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section," for "or while receiving 'retirement salary'," in introductory provisions.
1992—Subsec. (a)(1). Pub. L. 102–572, §§201(a), 902(b)(2), in concluding provisions substituted "Court of Federal Claims" for "Claims Court" in cl. (vi) and added cl. (vii).
Subsec. (a)(1)(G), (2)(G). Pub. L. 102–572, §902(b)(1), substituted "United States Court of Federal Claims" for "United States Claims Court".
Subsec. (b). Pub. L. 102–572, §201(b), designated first sentence as par. (1), substituted "a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary." and second sentence for "including any 'retirement salary', a sum equal to 5 percent of that salary.", added par. (2), designated last 3 sentences as par. (3), and substituted "deducted and withheld from the salary of each judicial official under paragraphs (1) and (2) of this subsection" for "so deducted and withheld from the salary of each such judicial official".
Subsec. (d)(1), (2). Pub. L. 102–572, §201(c), substituted "3.5 percent" for "5 percent".
Subsec. (g). Pub. L. 102–572, §201(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "If any judicial official resigns from office without receiving any 'retirement salary,' all amounts credited to his or her individual account, together with interest at 4 percent per annum to December 31, 1947; and at 3 percent per annum thereafter, compounded on December 31 of each year, to the date of his or her relinquishment of office, shall be returned to that judicial official in a lump-sum payment within a reasonable period of time following the date of his or her relinquishment of office. For the purposes of this subsection a 'reasonable period of time' shall be presumed to be no longer than one year following the date upon which such judicial official relinquished his or her office."
Subsec. (h)(1). Pub. L. 102–572, §201(e), substituted "while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section" for "or while receiving 'retirement salary,' ".
Subsec. (k)(5). Pub. L. 102–572, §201(f), added par. (5).
Subsec. (l)(1). Pub. L. 102–572, §201(g), substituted ", or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary" for "in which his or her annual salary" in cl. (i) of introductory provisions, added subpar. (D), and redesignated former subpar. (D) as (E).
Subsec. (v). Pub. L. 102–572, §201(h), added subsec. (v).
Subsec. (w). Pub. L. 102–572, §201(i), added subsec. (w).
1990—Subsec. (a)(1). Pub. L. 101–650, §306(b)(1), added subpar. (G) and cl. (vi) before semicolon at end.
Subsec. (a)(2)(G). Pub. L. 101–650, §306(b)(2), added subpar. (G).
Subsec. (a)(5)(C). Pub. L. 101–650, §322(g)(2), substituted "paragraph" for "subparagraph".
Subsec. (a)(7). Pub. L. 101–650, §322(b), added par. (7).
Subsec. (b). Pub. L. 101–650, §306(b)(3), substituted "section 178 or 377" for "section 377" in two places.
Subsec. (h)(1). Pub. L. 101–650, §322(a)(1)–(4), inserted "(A)" before "after having completed", inserted ", or (B) if the death of such judicial official was by assassination, before having satisfied the requirements of clause (A) if, for the period of such service, the deductions provided by subsection (b) or, in lieu thereof, the deposits required by subsection (d) have actually been made" after "have actually been made", redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, in cl. (ii) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in cl. (iii) redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, and in subcl. (I) substituted "clause (i) of this paragraph" for "subparagraph (1)(A) of this subsection".
Subsec. (h)(2). Pub. L. 101–650, §322(g)(1)(A), substituted "clause (i) or (ii) of paragraph (1)" for "subparagraphs (1)(A) or (1)(B)".
Subsec. (h)(3). Pub. L. 101–650, §322(g)(1)(B), substituted "paragraph" for "subparagraph" wherever appearing.
Subsec. (h)(4). Pub. L. 101–650, §322(g)(1)(C), substituted "paragraph (1)(ii)" for "subparagraph (1)(B)" in two places and "paragraph (1)(iii)" for "subparagraph (1)(C)".
Subsec. (h)(6). Pub. L. 101–650, §322(a)(5), added par. (6).
Subsec. (i). Pub. L. 101–650, §322(c), designated existing provisions as par. (1) and added par. (2).
Subsec. (l)(1)(ii). Pub. L. 101–650, §322(d), struck out "but more than eighteen months," after "less than three years,".
Subsec. (o). Pub. L. 101–650, §322(e), inserted "(1)" after "(o)", redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, inserted "subject to paragraph (2) of this subsection," before "before having completed" in subpar. (A), and added par. (2).
Subsec. (u). Pub. L. 101–650, §322(f), added subsec. (u).
1988—Subsec. (a)(1). Pub. L. 100–659, §3(a)(1), added subpar. (F) and substituted ", (iv) October 1, 1986, or (v) the date of the enactment of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, in the case of a full-time bankruptcy judge or United States magistrate in active service on that date;" for "; or (iv) October 1, 1986;" in concluding provisions.
Subsec. (a)(2)(F). Pub. L. 100–659, §3(a)(2), added subpar. (F).
Subsec. (b). Pub. L. 100–659, §3(a)(3), inserted "(and any deductions made under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)" after "deductions" and "(and under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)" before period at end of last sentence.
Subsec. (m). Pub. L. 100–702 amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: "Whenever the salary paid for service in one of the offices designated in paragraph (1) of subsection (a) of this section is increased, each annuity payable from the 'Judicial Survivors' Annuities Fund', which is based, in whole or in part, upon a deceased judicial official having rendered some portion of his or her final eighteen months of service in that same office, shall also be increased. The actual amount of the increase in such an annuity shall be determined by multiplying the amount of the annuity, on the date on which the increase in salary becomes effective, by 3 percent for each 5 percent by which such salary has been increased. In the event that such salary is increased by less than 5 percent, there shall be no increase in such annuity."
1986—Subsec. (a)(1). Pub. L. 99–336, §2(a)(1), substituted "she marries, (iii) January 1, 1977; or (iv) October 1, 1986" for "she marries, or (iii) the date upon which the Judicial Survivors' Annuities Reform Act becomes effective" in concluding provision.
Subsec. (a)(1)(B). Pub. L. 99–396, §21(b)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands;".
Subsec. (a)(2)(B). Pub. L. 99–396, §21(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "in the case of a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, salary paid after retirement from office (i) by resignation on salary under section 373 of this title or (ii) by removal or failure of reappointment after not less than ten years' judicial service;".
Subsec. (a)(6). Pub. L. 99–336, §2(d)(1), added par. (6).
Subsec. (b). Pub. L. 99–336, §2(a)(2), substituted "5 percent" for "4.5 percent".
Subsec. (c). Pub. L. 99–336, §2(a)(3), in amending subsec. (c) generally, designated existing provisions as par. (1), substituted provisions which related to amounts deposited to credit of Judicial Survivors' Annuities Fund to reduce unfunded liability of Fund to zero, for provisions which related to deposit of amounts matching those deducted and withheld in accordance with subsec. (b), and added pars. (2) and (3).
Subsec. (d). Pub. L. 99–336, §2(a)(2), substituted "5 percent" for "4.5 percent" in pars. (1) and (2).
Subsec. (h)(1)(B). Pub. L. 99–336, §2(a)(4)(A), substituted "10 percent of the average annual salary determined under subsection (l)(1) of this section" for "$1,548" in cl. (i) and "20 percent of such average annual salary" for "$4,644" in cl. (ii).
Subsec. (h)(1)(C). Pub. L. 99–336, §2(a)(4)(B), substituted "20 percent of the average annual salary determined under subsection (l)(1) of this section" for "$1,860" in cl. (ii) and "40 percent of such average annual salary amount" for "$5,580" in cl. (iii).
Subsec. (h)(2). Pub. L. 99–336, §2(a)(4)(C), inserted "before attaining age 55" after "or remarriage".
Subsec. (k)(1). Pub. L. 99–336, §2(e), struck out "under subsection (b) of" before "section 371".
Subsec. (l). Pub. L. 99–336, §2(a)(5)(C), (d)(3)(A), substituted provisions which set annuity limit not to exceed 50 percent of, nor be less than 25 percent of, average annual salary, for provisions which set annuity limit not to exceed 40 percent of average annual salary, and inserted provision that annuity determined in accordance with provisions of subsec. (l) be reduced by the amount of any annuity payable to a former spouse under subsection (t).
Subsec. (l)(1). Pub. L. 99–336, §2(a)(5)(A), substituted "1.5 percent" for "1¼ percent".
Subsec. (l)(2). Pub. L. 99–336, §2(a)(5)(B), substituted "of this subsection;" for "of this subsection:".
Subsec. (n). Pub. L. 99–336, §2(d)(3)(B), inserted "except as provided in subsections (s) and (t)," after "in equity," in last sentence.
Subsec. (o)(2), (3). Pub. L. 99–336, §2(d)(3)(C), inserted "or (t)" after "subsection (h)".
Subsecs. (s), (t). Pub. L. 99–336, §2(d)(2), added subsecs. (s) and (t).
1978—Subsec. (a)(2)(A). Pub. L. 95–598 directed the amendment of subpar. (A) by adding cl. (iii) relating to bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1976—Pub. L. 94–554 amended section generally so as to reform and update the existing judicial survivors' annuity program providing benefits for surviving spouses and children of all Federal Justices and judges who elect to join the program by placing the program in an actuarially sound fiscal condition, providing more liberal eligibility standards and reasonable increases in existing annuity amounts made necessary by increases in the cost of living since existing annuities were commenced, and by establishing a method for providing future periodic increases in annuity amounts by keying them into increases in judicial salaries.
1972—Subsecs. (a) to (c), (e) to (g), (i) to (k), (n), (o). Pub. L. 92–397 substituted "of justices and judges of the United States" for "of judges" in section catchline and substituted "justice or judge" for "judge" and "justice's or judge's" for "judge's" wherever appearing.
1968—Subsec. (a). Pub. L. 90–466 struck out "(or within six months after the enactment of this section)" after "takes office" and authorized Federal judges to elect within six months of marriage to participate in the judicial survivors annuity system.
1967—Subsecs. (r), (s). Pub. L. 90–219 added subsecs. (r) and (s).
1958—Subsec. (q). Pub. L. 85–508 struck out provisions which related to the judge of the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge" and "United States magistrate judge" substituted for "magistrate" and "United States magistrate", respectively, wherever appearing in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
Effective Date of 2008 Amendment
Pub. L. 110–428, §3(c), Oct. 15, 2008, 122 Stat. 4840, as amended by Pub. L. 111–32, title V, §501(a), June 24, 2009, 123 Stat. 1879, provided that:
"(1) In general.—This section [amending this section] and the amendments made by this section shall take effect on the first day of the first month beginning at least 30 days after the date of the enactment of this Act [Oct. 15, 2008] and shall apply in the case of a remarriage which is dissolved by death, divorce, or annulment on or after such first day.
"(2) Limited retroactive effect.—
"(A) In general.—In the case of a remarriage which is dissolved by death, divorce, or annulment within the 5-year period ending on the day before the effective date of this section, the amendments made by this section shall apply only if the widow or widower satisfies the requirements of paragraphs (1) and (2) of section 376(x) [now 376(w)] of title 28, United States Code (as amended by this section) before—
"(i) the end of the 2-year period beginning on the effective date of this section; or
"(ii) such later date as Director of the Administrative Office of the United States Courts may by regulation prescribe.
"(B) Restoration.—If the requirements of paragraph (1) are satisfied, the survivor annuity shall be restored, commencing on the date the remarriage was dissolved by death, annulment, or divorce, at the rate which was in effect when the annuity was terminated.
"(C) Lump-sum payment.—Any amounts becoming payable to the widow or widower under this subsection for the period beginning on the date on which the annuity was terminated and ending on the date on which periodic annuity payments resume shall be payable in a lump-sum payment."
[Pub. L. 111–32, title V, §501(b), June 24, 2009, 123 Stat. 1879, provided that: "The amendments made by subsection (a) [amending section 3(c) of Pub. L. 110–428, set out above] shall take effect as if included in the enactment of Public Law 110–428."]
Effective Date of 1992 Amendment
Pub. L. 102–572, title II, §202, Oct. 29, 1992, 106 Stat. 4511, provided that: "This title [amending this section and enacting provisions set out below] and the amendments made by this title shall take effect on the date of the enactment of this Act [Oct. 29, 1992]."
Amendment by section 902(b) of Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1990 Amendment; Transition Provisions
Amendment by section 306(b) of Pub. L. 101–650 applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L. 101–650, as amended, set out as a note under section 8331 of Title 5, Government Organization and Employees.
Pub. L. 101–650, title III, §322(g), Dec. 1, 1990, 104 Stat. 5119, provided that:
"(1) Effective date.—Subject to paragraph (2), the amendments made by this Act [probably should be "section", which amended this section] shall apply to all judicial officials assassinated on or after May 28, 1979.
"(2) Rules for retroactive application.—(A) In the case of a judicial official who was assassinated on or after May 28, 1979, and before the date of the enactment of this Act [Dec. 1, 1990], if the salary deductions provided by subsection (b) of section 376 of title 28, United States Code, or the deposits required by subsection (d) of such section, have been withdrawn pursuant to subsection (o) of such section, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount so withdrawn, with interest on the amount withdrawn at 3 percent per annum compounded on December 31 of each year.
"(B) In the case of the survivor or survivors of a judicial official to whom this paragraph applies who had less than 18 months of service before being assassinated, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount of salary deductions that would have been made if such deductions [had] been made for 18 months before the judicial official's death, plus interest as described in subparagraph (A).
"(C) Subject to subparagraphs (A) and (B), the survivor or survivors of a judicial official to whom this paragraph applies shall be entitled to the payment of annuities they would have received under section 376 of title 28, United States Code, for the period beginning on the date such judicial official was assassinated and ending the date of the enactment of this Act. The Secretary of the Treasury shall pay into the Judicial Survivors' Annuities fund, out of any money in the Treasury not otherwise appropriated, the amount of the annuities to which the survivor or survivors are entitled under this subparagraph.
"(3) Definition.—For purposes of this subsection, the term—
"(A) 'assassinated' has the meaning given that term in section 376(a)(7) of title 28, United States Code, as added by this section; and
"(B) 'judicial official' has the meaning given that term in section 376(a)(1)(A) and (B) of title 28, United States Code."
Effective Date of 1988 Amendments
Pub. L. 100–702, title X, §1017(c), Nov. 19, 1988, 102 Stat. 4670, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to increases in annuities which are made under section 8340(b) of title 5, United States Code, on or after the date of enactment of this title [Nov. 19, 1988]."
Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under section 377 of this title.
Effective Date of 1986 Amendments
Amendment by Pub. L. 99–396 not to affect the amount payable to a judge who retired in accordance with the provisions of section 373 of this title in effect on the day before Aug. 27, 1986, see section 21(c) of Pub. L. 99–396, set out as a note under section 373 of this title.
Pub. L. 99–336, §2(f), June 19, 1986, 100 Stat. 637, provided that: "This section [amending this section and enacting provisions set out below] shall take effect on October 1, 1986."
Effective Date of 1976 Amendment
Pub. L. 94–554, §8, Oct. 19, 1976, 90 Stat. 2612, provided: "That this Act [amending this section and enacting provisions set out below] shall become effective on the first day of the third month following the month in which it is enacted [Jan. 1, 1977], or on October 1, 1976, whichever occurs last."
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.
Retroactive Effect of 1967 Amendment
The provisions of section 611(a) of this title, the first paragraph of section 611(b) of this title, and subsec. (s) of this section, as added by Pub. L. 90–219, applicable to a Director or former Director of the Administrative Office of the United States Courts who was first appointed prior to Dec. 20, 1967 if at the time such Director or former Director left or leaves such office he had, or shall have, attained the age of sixty-five years and completed fifteen years of service as Director of the Administrative Office of the United States Courts and if, on or before the expiration of six months following Dec. 20, 1967, he makes the election referred to in section 611(a) of this title or subsec. (s) of this section, or both, as the case may be, see section 205(b) of Pub. L. 90–219, set out as a Retroactive Effect note under section 611 of this title.
Savings Provision
Pub. L. 94–554, §6, Oct. 19, 1976, 90 Stat. 2611, provided: "That the benefits conferred by this Act shall, on the date upon which this Act becomes effective [Jan. 1, 1977], immediately become available to any individual then receiving an annuity under section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this section], as amended: Provided, That although the rights of any judicial official electing to come within the purview of section 376 of title 28, United States Code, on or after the date upon which this Act becomes effective, shall be determined exclusively under the provisions of that section as amended by this Act, nothing in this Act shall be interpreted to cancel, abrogate, or diminish any rights to which an individual or his or her survivors may be entitled by virtue of that individuals having contributed to the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021) as amended, before the date upon which this Act becomes effective."
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Judicial Survivors Protection
Pub. L. 111–49, Aug. 12, 2009, 123 Stat. 1976, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Judicial Survivors Protection Act of 2009'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1) The term 'judicial official' refers to incumbent officials defined under section 376(a) of title 28, United States Code.
"(2) The term 'Judicial Survivors' Annuities Fund' means the fund established under section 3 of the Judicial Survivors' Annuities Reform Act (28 U.S.C. 376 note; Public Law 94–554; 90 Stat. 2611).
"(3) The term 'Judicial Survivors' Annuities System' means the program established under section 376 of title 28, United States Code.
"SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE JUDICIAL SURVIVORS' ANNUITIES SYSTEM.
"(a) Election of Judicial Survivors' Annuities System Coverage.—An eligible judicial official may elect to participate in the Judicial Survivors' Annuities System during the open enrollment period specified in subsection (d).
"(b) Manner of Making Elections.—An election under this section shall be made in writing, signed by the person making the election, and received by the Director of the Administrative Office of the United States Courts before the end of the open enrollment period.
"(c) Effective Date for Elections.—Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Director.
"(d) Open Enrollment Period Defined.—The open enrollment period under this section is the 6-month period beginning 30 days after the date of enactment of this Act [Aug. 12, 2009].
"SEC. 4. JUDICIAL OFFICERS' CONTRIBUTIONS FOR OPEN ENROLLMENT ELECTION.
"(a) Contribution Rate.—Every active judicial official who files a written notification of his or her intention to participate in the Judicial Survivors' Annuities System during the open enrollment period shall be deemed thereby to consent and agree to having deducted from his or her salary a sum equal to 2.75 percent of that salary or a sum equal to 3.5 percent of his or her retirement salary, except that the deduction from any retirement salary—
"(1) of a justice or judge of the United States retired from regular active service under section 371(b) or 372(a) of title 28, United States Code;
"(2) of a judge of the United States Court of Federal Claims retired under section 178 of title 28, United States Code; or
"(3) of a judicial official on recall under section 155(b), 373(c)(4), 375, or 636(h) of title 28, United States Code,
shall be an amount equal to 2.75 percent of retirement salary.
"(b) Contributions To Be Credited to Judicial Survivors' Annuities Fund.—Contributions made under subsection (a) shall be credited to the Judicial Survivors' Annuities Fund.
"SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE.
"(a) Lump Sum Deposit.—Any judicial official who files a written notification of his or her intention to participate in the Judicial Survivors' Annuities System during the open enrollment period may make a deposit equaling 2.75 percent of salary, plus 3 percent annual, compounded interest, for the last 18 months of prior service, to receive the credit for prior judicial service required for immediate coverage and protection of the official's survivors. Any such deposit shall be made on or before the closure of the open enrollment period.
"(b) Deposits To Be Credited to Judicial Survivors' Annuities Fund.—Deposits made under subsection (a) shall be credited to the Judicial Survivors' Annuities Fund.
"SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS' ANNUITY.
"[Amended this section.]
"SEC. 7. EFFECTIVE DATE.
"This Act, including the amendment made by section 6, shall take effect on the date of enactment of this Act [Aug. 12, 2009]."
Credit for Contributions Prior to 1992 Amendment at Higher Rate
Pub. L. 102–572, title II, §201(j), Oct. 29, 1992, 106 Stat. 4510, provided that: "Notwithstanding any other provision of law, the contribution under section 376(b)(1) or (2) of title 28, United States Code (as amended by this section), of any judicial official who is within the purview of such section 376 on the effective date of this title [Oct. 29, 1992] shall be reduced by 0.5 percent for a period of time equal to the number of years of service for which the judicial official has made contributions or deposits before the enactment of this Act [Oct. 29, 1992] to the credit of the Judicial Survivors' Annuities Fund or for 18 months, whichever is less, if such contributions or deposits were never returned to the judicial official. For purposes of this subsection, the term 'years' shall mean full years and twelfth parts thereof."
Redeposit of Contributions Prior to 1992 Amendment
Pub. L. 102–572, title II, §201(k), Oct. 29, 1992, 106 Stat. 4510, provided that: "Any judicial official as defined in section 376(a)(1) of title 28, United States Code, who makes an election under section 376(b) of title 28, United States Code, may make a redeposit, as required by section 7 of Public Law 94–554 [set out below] and section 2(c)(2) of Public Law 99–336 [set out below], to the credit of the Judicial Survivors' Annuities Fund in installments, in such amounts and under such conditions as may be determined in each instance by the Director of the Administrative Office of the United States Courts. If a judicial official elects to make a redeposit in installments—
"(1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to that judicial official in a lump-sum payment; and
"(2) the election under section 376(b) of title 28, United States Code, shall be effective upon payment of the first such installment."
Audit by GAO
Pub. L. 102–572, title II, §201(l), Oct. 29, 1992, 106 Stat. 4511, required that the Comptroller General conduct an audit of the judicial survivors' annuities program under section 376 of title 28 for the 3-year period beginning on Oct. 29, 1992, and report to Congress on the results of such audit, comparing such program to other survivors' annuities programs within the Federal Government, not later than 60 days after the end of that 3-year period.
Increase for Existing Annuitants
Pub. L. 100–702, title X, §1017(b), Nov. 19, 1988, 102 Stat. 4670, provided that: "Each annuity payable from the Judicial Survivors' Annuities Fund under section 376 of title 28, United States Code, on the date of the enactment of this title [Nov. 19, 1988] shall be increased by 10 percent, effective on such date of enactment."
Survivors' Annuities for Incumbents
Pub. L. 100–659, §3(b), Nov. 15, 1988, 102 Stat. 3918, as amended by Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 517, provided that: "In the case of a bankruptcy judge or magistrate judge who elects an annuity under section 2(c) [28 U.S.C. 377 note], only service for which an annuity under subsection (b) or (c) and subsection (g) of section 377 of title 28, United States Code, as added by section 2 of this Act, is calculated under section 2(c) may be used in the computation of an annuity under section 376 of title 28, United States Code, as amended by subsection (a) of this section."
Covered Beneficiaries Under Pub. L. 99–336
Pub. L. 99–336, §2(b), June 19, 1986, 100 Stat. 634, provided that: "The benefits conferred by section 376 of title 28, United States Code, by reason of the amendments made by this section shall apply only to individuals who become eligible for annuities under such section on or after the effective date of this section [Oct. 1, 1986], except that—
"(1) such annuities shall be computed in accordance with the provisions of section 376 of title 28, United States Code, as amended by this section, notwithstanding contributions or deposits made in accordance with applicable law at lower rates; and
"(2) no additional liability shall be created with respect to deposits made in accordance with applicable law before the effective date of this section, or after such effective date pursuant to an agreement entered into before such effective date."
Revocation of Election; Eligibility Subsequent to Revocation
Pub. L. 99–336, §2(c), June 19, 1986, 100 Stat. 634, provided that:
"(1) Within 180 days after the effective date of this section [Oct. 1, 1986], any judicial official who, before such effective date, made an election under section 376 of title 28, United States Code, to come within the purview of that section, shall be entitled to revoke that election. Such revocation shall constitute a complete withdrawal from the judicial survivors' annuities program provided for in such section 376. No such revocation shall be effective unless it is submitted in writing to the Director of the Administrative Office of the United States Courts, and until such writing is received by the Director. Upon receipt by the Director of such writing, any rights to survivorship benefits for the survivors of such judicial official shall terminate, and all amounts credited to the individual account of such judicial official under section 376(e), together with interest at 3 percent per annum, compounded on December 31 of each year to such date of revocation, shall be returned to that judicial official in a lump-sum payment.
"(2) Any judicial official who makes a revocation under paragraph (1) of this subsection and who thereafter becomes eligible to make an election under section 376(b) of title 28, United States Code, may make such election only if such judicial official redeposits, to the credit of the Judicial Survivors' Annuities Fund, the full amount of the lump-sum payment made to such judicial official under paragraph (1) of this subsection, together with interest at 3 percent per annum, compounded on December 31 of each year from the date of such revocation until the date upon which that amount is so redeposited.
"(3) Any judicial official who fails to revoke an election in accordance with paragraph (1) of this subsection shall be deemed to have irrevocably waived the right to make that revocation."
Payment of Retirement Salary Pursuant to Court Decree of Divorce, Etc.
Pub. L. 99–336, §2(d)(4), June 19, 1986, 100 Stat. 636, provided that: "Payments of retirement salary as defined in section 376(a)(2) of title 28, United States Code, which would otherwise be made to the judicial official upon whose service the retirement salary is based, shall be paid (in whole or in part) to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. This paragraph shall apply only to payments made after the date of receipt by the Director of the Administrative Office of [the] United States Courts of written notice of such decree, order, or agreement, and such additional information and documentation as the Director may prescribe. As used in this paragraph, 'court' means any court of any State or the District of Columbia."
Annuity Payment to Surviving Spouses of Judges Who Died Before October 19, 1976
Pub. L. 96–504, §3, Dec. 5, 1980, 94 Stat. 2741, provided that:
"(a) As of the first pay period beginning after the effective date of this Act [Dec. 5, 1980], a surviving spouse, other than a surviving spouse who has remarried, of any Justice of the United States (as defined by section 451 of title 28, United States Code), who died before October 19, 1976, shall be paid an annuity in accordance with the provisions of section 376 of title 28, United States Code, at a rate of $20,000 per year as if such Justice had elected to come within the provisions of, and having made the full deposit required by, section 376(d) of title 28, United States Code.
"(b) Notwithstanding the provisions of section 376(h) of title 28, United States Code, such annuity shall be payable as provided in section 376(m) of title 28, United States Code, until the date of the death of any such spouse."
Judicial Survivors' Annuity Fund; Authorization of Appropriations
Pub. L. 96–504, §4, Dec. 5, 1980, 94 Stat. 2742, required the Secretary of the Treasury in consultation with the Director of the Administrative Office of the United States Courts to determine as of Dec. 5, 1980, and deposit as soon as possible thereafter, the amount necessary to offset any actuarial deficiency in the Judicial Survivors Annuities Fund.
Judicial Survivors' Annuities Fund
Pub. L. 94–554, §3, Oct. 19, 1976, 90 Stat. 2611, provided: "That on the date upon which this Act becomes effective [Jan. 1, 1977] there shall be established on the books of the Treasury a fund which shall be known as 'The Judicial Survivors' Annuities Fund, and all money credited to the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this section], as amended, shall be transferred to the credit of the Judicial Survivors' Annuities Fund established by this section."
Compensation for Actuarial Deficiency in the Annuities Fund
Pub. L. 94–554, §4, Oct. 19, 1976, 90 Stat. 2611, provided: "That on the date upon which this Act becomes effective [Jan. 1, 1977] the Secretary of the Treasury shall ascertain from the Director of the Administrative Office of the United States Courts the amount of the actuarial deficiency in the fund transferred by section 3 of this Act [see Judicial Survivors' Annuities Fund note above] on the date of that fund's transfer and, at the earliest time thereafter at which appropriated funds in that amount shall become available, the Secretary shall deposit such funds, in a single payment, into the Judicial Survivors' Annuities Fund established by section 3 of this Act. Such funds as are necessary to carry out this section are hereby authorized to be appropriated."
Increases in Widows' Annuities Paid Under Section 2 of Act August 3, 1956
Pub. L. 94–554, §5, Oct. 19, 1976, 90 Stat. 2611, provided: "That on the date upon which this Act becomes effective [Jan. 1, 1977] each annuity then being paid to a widow from the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this section], as amended, shall be increased by an amount equal to one-fifth of 1 percent of the amount of such annuity multiplied by the number of months which have passed since the commencement of that annuity. For the purposes of this section, any fractional part of a month which numbers less than fifteen full days shall be excluded from the Computation of the number of months and any fractional part of a month which numbers fifteen full days or more shall be included in the computation as one full month. Such funds as are necessary to carry out this section are authorized to be appropriated and, upon appropriation, shall be deposited by the Secretary of the Treasury, in a single payment, to credit of the Judicial Survivors' Annuities Fund established by section 3 of this Act [see Judicial Survivors' Annuities Fund note above]."
Revocation of Election To Participate in Annuities Program
Pub. L. 94–554, §7, Oct. 19, 1976, 90 Stat. 2612, provided: "That, at any time within one hundred and eighty days after the date upon which this Act becomes effective [Jan. 1, 1977], any judicial official who has, prior to that date, already participated in the judicial survivors annuity program created by the Act of August 3, 1956 (70 Stat. 1021) [enacting this section] as amended, shall be entitled to revoke his or her earlier election to participate in that program and thereby completely withdraw from participation in the judicial survivors' annuities program created by this Act: Provided, That (a) any such revocation may be effected only by means of a writing filed with the Director of the Administrative Office of the United States Courts, (b) any such writing shall be deemed to have become effective no sooner than the date upon which that writing is received by the Director, (c) upon receipt of such a writing by the Director, any and all rights to survivorship benefits for such judicial official's survivors shall terminate, and all amounts credited to such judicial official's individual account, together with interest at 3 percent per annum, compounded on December 31 of each year to that date of revocation, shall thereafter be returned to that judicial official in a lump-sum refund payment, and (d) any judicial official who effects such a revocation and who subsequently again becomes eligible and elects to join the judicial survivors annuities program created by this Act under the provisions of section 376 of title 28, United States Code as amended by this Act, shall be permitted to do so only upon the redeposit of the full amount of the refund obtained under this section plus interest at 3 percent per annum, compounded on December 31 of each year from the date of the revocation until the date upon which that amount is redeposited. Any judicial official who fails to effect a revocation in accordance with the right conferred by this section within one hundred and eighty days after the date upon which this Act becomes effective shall be deemed to have irrevocably waived the right to that revocation."
Judge Taking Office on August 8, 1968
Pub. L. 90–466, §1(b), Aug. 8, 1968, 82 Stat. 662, provided that: "For the purpose of the amendment made by subsection (a) [amending subsec. (a) of this section], a judge who is in office on the date of enactment of this Act [Aug. 8, 1968] shall be deemed to have taken office on that date."
Preservation of Rights of Judges of the District Court for the Territory of Alaska
Pub. L. 85–508, §12(n), July 7, 1958, 72 Stat. 348, provided in part that the amendment of subsec. (q) of this section by Pub. L. 85–508 shall not affect the rights under this section of any present or former judge of the District Court for the Territory of Alaska or his survivors.
Appropriations
Act Aug. 3, 1956, ch. 944, §5, 70 Stat. 1026, provided that: "Funds necessary to carry out the provisions of this Act [enacting this section and provisions set out as notes below, and amending sections 375, 604, and 605 of this title] may be appropriated out of any money in the Treasury not otherwise appropriated."
Resigned, Removed, and Retired Judges
Act Aug. 3, 1956, ch. 944, §6, 70 Stat. 1026, provided that: "A judge who resigned prior to the date of enactment of this Act [Aug. 3, 1956] and who on that date is receiving salary under section 371(a) of title 28, United States Code, or who resigned, was removed or failed of reappointment prior to the date of enactment of this Act and who on that date is receiving salary under section 373 of title 28, United States Code, shall be considered a judge within the meaning of section 376 of title 28, United States Code, as added by section 2 of this Act, and as such shall be entitled within six months after the date of enactment of this Act to make the election authorized by and to receive the benefits of that section. A judge who retired from regular active service under section 260 of the Judicial Code of 1911 or the Act of August 5, 1939, chapter 433, and who is living on the date of enactment of this Act shall be deemed for the purposes of this Act to have retired from regular active service under section 371(b) or 372(a), as the case may be, of title 28, United States Code."
Prior Death of Judge
Act Aug. 3, 1956, ch. 944, §7, 70 Stat. 1026, provided that: "In the case of a living widow of a judge of the United States as defined in section 451 of title 28, United States Code, who died prior to the date of enactment of this Act [Aug. 3, 1956], an annuity shall be paid as provided in section 376 of title 28, United States Code, as added by section 2 of this Act, as if such judge had died on such date and had elected to bring himself within the purview of such section 376, but had not made the deposit provided for by subsection (c) of the said section: Provided, (a) That such widow has not remarried; and (b) that the amount of such annuity and the reduction therein because of such deposit not having been made shall be computed on the basis of the actual length of judicial and other allowable service of such judge: And provided further, That notwithstanding the provisions of subsection (g) of such section 376 such annuity shall be payable even though such judge had not rendered five years of civilian service prior to his death. In the case of a judge of the United States as defined in section 451 of title 28, United States Code, who dies within 6 months after the date of enactment of this Act after having rendered at least 5 years of civilian service computed as prescribed in subsection (o) of section 376 of title 28, United States Code, as added by section 2 of this Act, but without having made an election as provided in such section 376 to bring himself within the purview of that section, an annuity shall be paid to his widow and surviving dependent children as provided in such section 376 as if such judge had elected on the day of his death to bring himself within the purview of such section 376 but had not made the deposit provided for by subsection (c) of the said section. An annuity shall be payable under this section computed on the basis of the actual length of judicial and other allowable service of the judge and subject to the reduction required by subsection (c) of such section 376 even though no deposit has been made, as required by subsection (g) of such section 376, with respect to any of such service."
§377. Retirement of bankruptcy judges and magistrate judges
(a) Retirement Based on Years of Service.—A bankruptcy judge or magistrate judge to whom this section applies and who retires from office after attaining the age of 65 years and serving at least 14 years, whether continuously or otherwise, as such bankruptcy judge or magistrate judge shall, subject to subsection (f), be entitled to receive, during the remainder of the judge's or magistrate judge's lifetime, an annuity equal to the salary being received at the time the judge or magistrate judge leaves office.
(b) Retirement Upon Failure of Reappointment.—A bankruptcy judge or magistrate judge to whom this section applies, who is not reappointed following the expiration of the term of office of such judge or magistrate judge, and who retires upon the completion of the term shall, subject to subsection (f), be entitled to receive, upon attaining the age of 65 years and during the remainder of such bankruptcy judge's or magistrate judge's lifetime, an annuity equal to that portion of the salary being received at the time the judge or magistrate judge leaves office which the aggregate number of years of service, not to exceed 14, bears to 14, if—
(1) such judge or magistrate judge has served at least 1 full term as a bankruptcy judge or magistrate judge, and
(2) not earlier than 9 months before the date on which the term of office of such judge or magistrate judge expires, and not later than 6 months before such date, such judge or magistrate judge notified the appointing authority in writing that such judge or magistrate judge was willing to accept reappointment to the position in which such judge or magistrate judge was serving.
For purposes of this subsection, in the case of a bankruptcy judge, the written notice required by paragraph (2) shall be given to the chief judge of the circuit in which such bankruptcy judge is serving and, in the case of a magistrate judge, such notice shall be given to the chief judge of the district court in which the magistrate judge is serving.
(c) Service of at Least 8 Years.—A bankruptcy judge or magistrate judge to whom this section applies and who retires after serving at least 8 years, whether continuously or otherwise, as such a bankruptcy judge or magistrate judge shall, subject to subsection (f), be entitled to receive, upon attaining the age of 65 years and during the remainder of the judge's or magistrate judge's lifetime, an annuity equal to that portion of the salary being received at the time the judge or magistrate judge leaves office which the aggregate number of years of service, not to exceed 14, bears to 14. Such annuity shall be reduced by 1/6 of 1 percent for each full month such bankruptcy judge or magistrate judge was under the age of 65 at the time the judge or magistrate judge left office, except that such reduction shall not exceed 20 percent.
(d) Retirement for Disability.—A bankruptcy judge or magistrate judge to whom this section applies, who has served at least 5 years, whether continuously or otherwise, as such a bankruptcy judge or magistrate judge, and who retires or is removed from office upon the sole ground of mental or physical disability shall, subject to subsection (f), be entitled to receive, during the remainder of the judge's or magistrate judge's lifetime, an annuity equal to 40 percent of the salary being received at the time of retirement or removal or, in the case of a judge or magistrate judge who has served for at least 10 years, an amount equal to that proportion of the salary being received at the time of retirement or removal which the aggregate number of years of service, not to exceed 14, bears to 14.
(e) Cost-of-Living Adjustments.—A bankruptcy judge or magistrate judge who is entitled to an annuity under this section is also entitled to a cost-of-living adjustment in such annuity, calculated and payable in the same manner as adjustments under section 8340(b) of title 5, except that any such annuity, as increased under this subsection, may not exceed the salary then payable for the position from which the judge or magistrate judge retired or was removed.
(f) Election; Annuity in Lieu of Other Annuities.—A bankruptcy judge or magistrate judge shall be entitled to an annuity under this section if the judge or magistrate judge elects an annuity under this section by notifying the Director of the Administrative Office of the United States Courts. A bankruptcy judge or magistrate judge who elects to receive an annuity under this section shall not be entitled to receive 1
(1) any annuity to which such judge or magistrate judge would otherwise have been entitled under subchapter III of chapter 83, or under chapter 84 (except for subchapters III and VII), of title 5, for service performed as such a judge or magistrate judge or otherwise;
(2) an annuity or salary in senior status or retirement under section 371 or 372 of this title;
(3) retired pay under section 7447 of the Internal Revenue Code of 1986; or
(4) retired pay under section 7296 of title 38.
(g) Calculation of Service.—(1) For purposes of calculating an annuity under this section—
(A) full-time service as a bankruptcy judge or magistrate judge to whom this section applies may be credited; and
(B) each month of service shall be credited as one-twelfth of a year, and the fractional part of any month shall not be credited.
(2)(A) In the case of an individual who is a bankruptcy judge to whom this section applies and who retires under this section or who is removed from office under subsection (d) upon the sole ground of mental or physical disability, any service of that individual as a United States magistrate judge to whom this section applies, and any service of that individual as a full-time judicial officer who performed the duties of a magistrate judge and a bankruptcy judge at the same time, shall be included for purposes of calculating years of service under subsection (a), (b), (c), or (d), as the case may be.
(B) In the case of an individual who is a magistrate judge to whom this section applies and who retires under this section or who is removed from office under subsection (d) upon the sole ground of mental or physical disability, any service of that individual as a bankruptcy judge to whom this section applies, and any service of that individual as a full-time judicial officer who performed the duties of magistrate judge and a bankruptcy judge at the same time, shall be included for purposes of calculating years of service under subsection (a), (b), (c), or (d), as the case may be.
(h) Covered Positions and Service.—This section applies to—
(1) any bankruptcy judge appointed under—
(A) section 152 of this title;
(B) section 34 of the Bankruptcy Act before the repeal of that Act by section 401 of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2682); or
(C) section 404 of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2549); and
(2) any United States magistrate judge appointed under section 631 of this title,
only with respect to service on or after October 1, 1979, as such a bankruptcy judge or magistrate judge.
(i) Payments Pursuant to Court Order.—(1) Payments under this section which would otherwise be made to a bankruptcy judge or magistrate judge based upon his or her service shall be paid (in whole or in part) by the Director of the Administrative Office of the United States Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person.
(2) Paragraph (1) shall apply only to payments made by the Director of the Administrative Office of the United States Courts after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information as the Director may prescribe.
(3) As used in this subsection, the term "court" means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or courts of Indian offense.
(j) Deductions, Contributions, and Deposits.—
(1) Deductions.—Beginning with the next pay period after the Director of the Administrative Office of the United States Courts receives a notice under subsection (f) that a bankruptcy judge or magistrate judge has elected an annuity under this section, the Director shall deduct and withhold 1 percent of the salary of such bankruptcy judge or magistrate judge. Amounts shall be so deducted and withheld in a manner determined by the Director. Amounts deducted and withheld under this subsection shall be deposited in the Treasury of the United States to the credit of the Judicial Officers' Retirement Fund. Deductions under this subsection from the salary of a bankruptcy judge or magistrate judge shall terminate upon the retirement of the bankruptcy judge or magistrate judge or upon completing 14 years of service for which contributions under this section have been made, whether continuously or otherwise, as calculated under subsection (g), whichever occurs first.
(2) Consent to Deductions; Discharge of Claims.—Each bankruptcy judge or magistrate judge who makes an election under subsection (f) shall be deemed to consent and agree to the deductions from salary which are made under paragraph (1). Payment of such salary less such deductions (and any deductions made under section 376 of this title) is a full and complete discharge and acquittance of all claims and demands for all services rendered by such bankruptcy judge or magistrate judge during the period covered by such payment, except the right to those benefits to which the bankruptcy judge or magistrate judge is entitled under this section (and section 376).
(k) Deposits for Prior Service.—Each bankruptcy judge or magistrate judge who makes an election under subsection (f) may deposit, for service performed before such election for which contributions may be made under this section, an amount equal to 1 percent of the salary received for that service. Credit for any period covered by that service may not be allowed for purposes of an annuity under this section until a deposit under this subsection has been made for that period.
(l) Individual Retirement Records.—The amounts deducted and withheld under subsection (j), and the amounts deposited under subsection (k), shall be credited to individual accounts in the name of each bankruptcy judge or magistrate judge from whom such amounts are received, for credit to the Judicial Officers' Retirement Fund.
(m) Annuities Affected in Certain Cases.—
(1) Practicing law after retirement.—
(A) Forfeiture of annuity.—Subject to subparagraph (B), any bankruptcy judge or magistrate judge who retires under this section and who thereafter practices law shall forfeit all rights to an annuity under this section for all periods beginning on or after the first day on which he or she so practices law.
(B) Forfeiture not to apply where individual elects to freeze amount of annuity.—(i) If a bankruptcy judge or magistrate judge makes an election to practice law after retirement under this section—
(I) subparagraph (A) shall not apply to such bankruptcy judge or magistrate judge beginning on the date such election takes effect, and
(II) the annuity payable under this section to such bankruptcy judge or magistrate judge, for periods beginning on or after the date such election takes effect, shall be equal to the annuity to which such bankruptcy judge or magistrate judge is entitled on the day before such effective date.
(ii) An election under clause (i)—
(I) may be made by a bankruptcy judge or magistrate judge eligible for retirement under this section, and
(II) shall be filed with the Director of the Administrative Office of the United States Courts.
Such an election, once it takes effect, shall be irrevocable.
(iii) Any election under this subparagraph shall take effect on the first day of the first month following the month in which the election is made.
(2) Recall not permitted.—Any bankruptcy judge or magistrate judge who retires under this section and who thereafter practices law shall not be eligible for recall under section 155(b), 375, or 636(h) of this title.
(3) Accepting other employment.—Any bankruptcy judge or magistrate judge who retires under this section and thereafter accepts compensation for civil office or employment under the United States Government (other than for the performance of functions as a bankruptcy judge or magistrate judge under section 155(b), 375, or 636(h) of this title) shall forfeit all rights to an annuity under this section for the period for which such compensation is received. For purposes of this paragraph, the term "compensation" includes retired pay or salary received in retired status.
(n) Lump-Sum Payments.—
(1) Eligibility.—(A) Subject to paragraph (2), an individual who serves as a bankruptcy judge or magistrate judge and—
(i) who leaves office and is not reappointed as a bankruptcy judge or magistrate judge for at least 31 consecutive days;
(ii) who files an application with the Administrative Office of the United States Courts for payment of the lump-sum credit;
(iii) is not serving as a bankruptcy judge or magistrate judge at the time of filing of the application; and
(iv) will not become eligible to receive an annuity under this section within 31 days after filing the application;
is entitled to be paid the lump-sum credit. Payment of the lump-sum credit voids all rights to an annuity under this section based on the service on which the lump-sum credit is based, until that individual resumes office as a bankruptcy judge or magistrate judge.
(B) Lump-sum benefits authorized by subparagraphs (C), (D), and (E) of this paragraph shall be paid to the person or persons surviving the bankruptcy judge or magistrate judge and alive on the date title to the payment arises, in the order of precedence set forth in subsection (o) of section 376 of this title, and in accordance with the last two sentences of that subsection. For purposes of the preceding sentence, the term "judicial official" as used in subsection (o) of section 376 shall be deemed to mean "bankruptcy judge or magistrate judge".
(C) If a bankruptcy judge or magistrate judge dies before receiving an annuity under this section, the lump-sum credit shall be paid.
(D) If all annuity rights under this section based on the service of a deceased bankruptcy judge or magistrate judge terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.
(E) If a bankruptcy judge or magistrate judge who is receiving an annuity under this section dies, annuity accrued and unpaid shall be paid.
(F) Annuity accrued and unpaid on the termination, except by death, of the annuity of a bankruptcy judge or magistrate judge shall be paid to that individual.
(G) Subject to paragraph (2), a bankruptcy judge or magistrate judge who forfeits rights to an annuity under subsection (m)(3) before the total annuity paid equals the lump-sum credit, shall be entitled to be paid the difference if the bankruptcy judge or magistrate judge files an application with the Administrative Office of the United States Courts for payment of that difference. A payment under this subparagraph voids all rights to an annuity on which the payment is based.
(2) Spouses and former spouses.—(A) Payment of the lump-sum credit under paragraph (1)(A) or a payment under paragraph (1)(G)—
(i) may be made only if any current spouse and any former spouse of the bankruptcy judge or magistrate judge are notified of the bankruptcy judge's or magistrate judge's application; and
(ii) shall be subject to the terms of a court decree of divorce, annulment, or legal separation or any court or court approved property settlement agreement incident to such decree, if—
(I) the decree, order, or agreement expressly relates to any portion of the lump-sum credit or other payment involved; and
(II) payment of the lump-sum credit or other payment would extinguish entitlement of the bankruptcy judge's or magistrate judge's spouse or former spouse to any portion of an annuity under subsection (i).
(B) Notification of a spouse or former spouse under this paragraph shall be made in accordance with such requirements as the Director of the Administrative Office of the United States Courts shall by regulation prescribe. The Director may provide under such regulations that subparagraph (A)(i) may be waived with respect to a spouse or former spouse if the bankruptcy judge or magistrate judge establishes to the satisfaction of the Director that the whereabouts of such spouse or former spouse cannot be determined.
(C) The Director shall prescribe regulations under which this paragraph shall be applied in any case in which the Director receives two or more orders or decrees described in subparagraph (A).
(3) Definition.—For purposes of this subsection, the term "lump-sum credit" means the unrefunded amount consisting of—
(A) retirement deductions made under this section from the salary of a bankruptcy judge or magistrate judge;
(B) amounts deposited under subsection (k) by a bankruptcy judge or magistrate judge covering earlier service; and
(C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Judicial Officers' Retirement Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under subsection (o);
but does not include interest—
(i) if the service covered thereby aggregates 1 year or less; or
(ii) for the fractional part of a month in the total service.
(o) Judicial Officers' Retirement Fund.—
(1) Establishment.—There is established in the Treasury a fund which shall be known as the "Judicial Officers' Retirement Fund". The Fund is appropriated for the payment of annuities, refunds, and other payments under this section.
(2) Investment of fund.—The Secretary of the Treasury shall invest, in interest bearing securities of the United States, such currently available portions of the Judicial Officers' Retirement Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund.
(3) Unfunded liability.—(A) There are authorized to be appropriated to the Judicial Officers' Retirement Fund amounts required to reduce to zero the unfunded liability of the Fund.
(B) For purposes of subparagraph (A), the term "unfunded liability" means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31, of the present value of all benefits payable from the Judicial Officers' Retirement Fund over the sum of—
(i) the present value of deductions to be withheld under this section from the future basic pay of bankruptcy judges and magistrate judges; plus
(ii) the balance in the Fund as of the date the unfunded liability is determined.
In making any determination under this subparagraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31, with respect to the retirement annuities provided for in this section.
(C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(Added Pub. L. 100–659, §2(a), Nov. 15, 1988, 102 Stat. 3910; amended Pub. L. 101–650, title III, §§321, 325(b)(3), Dec. 1, 1990, 104 Stat. 5117, 5121; Pub. L. 102–40, title IV, §402(d)(2), May 7, 1991, 105 Stat. 239.)
Editorial Notes
References in Text
Section 7447 of the Internal Revenue Code, referred to in subsec. (f)(3), is classified to section 7447 of Title 26, Internal Revenue Code.
Section 34 of the Bankruptcy Act, referred to in subsec. (h)(1)(B), was classified to section 62 of former Title 11, Bankruptcy. The Bankruptcy Act was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11.
Section 404 of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2549), referred to in subsec. (h)(1)(C), was set out as a note preceding section 151 of this title prior to repeal by Pub. L. 98–353, title I, §114, July 10, 1984, 98 Stat. 343.
Amendments
1991—Subsec. (f)(4). Pub. L. 102–40 substituted "section 7296 of title 38" for "section 4096 of title 38".
1990—Subsec. (f). Pub. L. 101–650, §325(b)(3)(A), substituted pars. (1) to (4) for "any annuity to which such judge or magistrate would otherwise have been entitled under subchapter III of chapter 83, or under chapter 84 (except for subchapters III and VII), of title 5."
Subsec. (h). Pub. L. 101–650, §325(b)(3)(B), substituted "on or after" for "in or after" in concluding provisions.
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge", "magistrate judges", and "magistrate judge's" substituted for "magistrate", "magistrates", and "magistrate's", respectively, wherever appearing in section catchline and text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
Effective Date
Pub. L. 100–659, §9, Nov. 15, 1988, 102 Stat. 3921, as amended by Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117, provided that:
"(a) In General.—Subject to subsection (b), this Act [enacting this section and section 8440a [now 8440b] of Title 5, Government Organization and Employees, amending sections 155, 375, 376, 604, 631, and 636 of this title and sections 8334 and 8402 of Title 5, and enacting provisions set out as notes under this section and sections 1 and 376 of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Nov. 15, 1988] and shall apply to bankruptcy judges and magistrate judges who retire on or after the date of the enactment of this Act.
"(b) Exception for Judges and Magistrate Judges Retiring on or after July 31, 1987.—A bankruptcy judge or magistrate judge who left office on or after July 31, 1987, and before the date of the enactment of this Act [Nov. 15, 1988] may elect to receive an annuity, or to participate in the Judicial Survivors' Annuity System, under the amendments made by this Act if such bankruptcy judge or magistrate judge, within 60 days after so leaving office, accepted office or employment with the United States Government or a State government or was eligible at the time he or she left office for an immediate annuity under title 5, United States Code. Any election under this subsection shall not be valid unless it is made within 6 months after the date of the enactment of this Act and under the same conditions as other persons who may make elections under the amendments made by this Act, except that any such person who makes an election under this subsection shall not receive a lump-sum credit under section 8342 or 8424 of title 5, United States Code, for prior service and shall not be required to make contributions for prior years of creditable service."
Annuity of Qualified Magistrate Judge
Pub. L. 107–116, title V, §515, Jan. 10, 2002, 115 Stat. 2220, provided that:
"(a) In this section the term 'qualified magistrate judge' means any person who—
"(1) retired as a magistrate judge before November 15, 1988; and
"(2) on the date of filing an election under subsection (b)—
"(A) is serving as a recalled magistrate judge on a full-time basis under section 636(h) of title 28, United States Code; and
"(B) has completed at least 5 years of full-time recall service.
"(b) The Director of the Administrative Office of the United States Courts may accept the election of a qualified magistrate judge to—
"(1) receive an annuity under section 377 of title 28, United States Code; and
"(2) come within the purview of section 376 of such title.
"(c) Full-time recall service performed by a qualified magistrate judge shall be credited for service in calculating an annuity elected under this section.
"(d) The Director of the Administrative Office of the United States Courts may promulgate regulations to carry out this section."
Retirement Annuities for Incumbent Bankruptcy Judges and Magistrate Judges
Pub. L. 100–659, §2(c), Nov. 15, 1988, 102 Stat. 3916, as amended by Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117, provided that:
"(1) Retirement annuity under title 5 and section 377 of title 28.—A bankruptcy judge or United States magistrate judge in active service on the effective date of this Act [see Effective Date note above] shall, subject to paragraph (2), be entitled, in lieu of the annuity otherwise provided under the amendments made by this section [enacting this section] to—
"(A) an annuity under subchapter III of chapter 83, or under chapter 84, of title 5, United States Code, as the case may be, for creditable service before the date on which service would begin to be credited for purposes of subparagraph (B), and
"(B) an annuity calculated under subsection (b) or (c) and subsection (g) of section 377 of title 28, United States Code, as added by this section, for any service as a full-time bankruptcy judge or magistrate judge on or after October 1, 1979 (as specified in the election pursuant to paragraph (2)) for which deductions and deposits are made under subsections (j) and (k) of such section 377, as applicable, without regard to the minimum number of years of service as such a bankruptcy judge or magistrate judge, except that—
"(i) in the case of a judge or magistrate judge who retires with less than 8 years of service, the annuity under subsection (c) of section 377 of title 28, United States Code, shall be equal to that proportion of the salary being received at the time the judge or magistrate judge leaves office which the years of service bears to 14, subject to a reduction in accordance with subsection (c) of such section 377 if the bankruptcy judge or magistrate judge is under age 65 at the time he or she leaves office, and
"(ii) the aggregate amount of the annuity initially payable on retirement under this subsection may not exceed the rate of pay for the bankruptcy judge or magistrate judge which is in effect on the day before the retirement becomes effective.
"(2) Filing of notice of election.—A bankruptcy judge or magistrate judge shall be entitled to an annuity under this subsection only if the judge or magistrate judge files a notice of that election with the Director of the Administrative Office of the United States Courts specifying the date on which service would begin to be credited under section 377 of title 28, United States Code, in lieu of chapter 83 or chapter 84 of title 5, United States Code.
"(3) Lump-sum credit under title 5.—A bankruptcy judge or magistrate judge who makes an election under paragraph (2) shall be entitled to a lump-sum credit under section 8342 or 8424 of title 5, United States Code, as the case may be, for any service which is covered under section 377 of title 28, United States Code, as added by this section, pursuant to that election, and with respect to which any contributions were made by the judge or magistrate judge under the applicable provisions of title 5, United States Code.
"(4) Recall.—With respect to any bankruptcy judge or magistrate judge receiving an annuity under this subsection who is recalled to serve under section 375 of title 28, United States Code—
"(A) the amount of compensation which such recalled judge or magistrate judge receives under subsection (c) of such section shall be calculated on the basis of the annuity received under this subsection; and
"(B) such recalled judge or magistrate judge may serve as a reemployed annuitant to the extent permitted by subsection (e) of section 375 of such title.
Section 377(m)(3) of title 28, United States Code, as added by subsection (a) of this section, shall not apply with respect to service as a reemployed annuitant described in subparagraph (B)."
Report to Congress on Financial Operation of Retirement Annuity Program
Pub. L. 100–659, §8, Nov. 15, 1988, 102 Stat. 3920, provided that: "The Director of the Administrative Office of the United States Courts shall, not later than 5 years after the date of the enactment of this Act [Nov. 15, 1988], submit a report to the Congress on the financial operation of the retirement annuity program established under this Act and the amendments made by this Act [see Effective Date note above]. The report shall, in particular, include a discussion of the deductions from salary and deposits made for contributions to the annuity program and the need for continuing the deductions at the level established under the amendments made by this Act."
CHAPTER 19—DISTRIBUTION OF REPORTS AND DIGESTS
411.
Supreme Court reports; printing, binding, and distribution.
412.
Sale of Supreme Court reports.
413.
Publications; distribution to courts.
414.
Transmittal of books to successors.
Editorial Notes
Amendments
1982—Pub. L. 97–164, title I, §113, Apr. 2, 1982, 96 Stat. 29, struck out item 415 "Court of Claims decisions".
1952—Act July 10, 1952, ch. 632, §3, 66 Stat. 540, amended analysis to conform it to amendments of sections 411 to 413 of this title.
§411. Supreme Court reports; printing, binding, and distribution
(a) The decisions of the Supreme Court of the United States shall be printed, bound, and distributed in the preliminary prints and bound volumes of the United States Reports as soon as practicable after rendition, to be charged to the proper appropriation for the judiciary. The number and distribution of the copies shall be under the control of the Joint Committee on Printing.
(b) Reports printed prior to June 12, 1926, shall not be furnished the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force.
(c) The Director of the Government Publishing Office, or other printer designated by the Supreme Court of the United States, upon request, shall furnish to the Superintendent of Documents the reports required to be distributed under the provisions of this section.
(June 25, 1948, ch. 646, 62 Stat. 904; May 24, 1949, ch. 139, §68, 63 Stat. 99; Oct. 31, 1951, ch. 655, §41, 65 Stat. 725; July 10, 1952, ch. 632, §4, 66 Stat. 540; Pub. L. 113–235, div. H, title I, §1301(d), Dec. 16, 2014, 128 Stat. 2537.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §334 (Mar. 3, 1911, ch. 231, §227, 36 Stat. 1154; Mar. 4, 1911, ch. 285, §1, 36 Stat. 1419; July 1, 1922, ch. 267, §3, 42 Stat. 816; June 12, 1926, ch. 568, 44 Stat. 736; Jan. 29, 1929, ch. 113, 45 Stat. 1143; Mar. 2, 1929, ch. 488, §1, 45 Stat. 1475; July 3, 1930, ch. 863, §1, 46 Stat. 1016; Feb. 23, 1931, ch. 276, §30, 46 Stat. 1214; May 17, 1932, ch. 190, 47 Stat. 158; June 30, 1932, ch. 314, §501, 47 Stat. 415; May 10, 1934, ch. 277, §512, 48 Stat. 758; Ex. Ord. No. 6166, §§12, 14, June 10, 1933; June 7, 1934, ch. 426, 48 Stat. 926; May 27, 1936, ch. 463, §1, 49 Stat. 1380; June 20, 1936, ch. 630, §5, 49 Stat. 1549; June 25, 1936, ch. 804, 49 Stat. 1921).
Requirements for printing, binding, and issuing Supreme Court decisions "within eight months after said decisions have been rendered by the Supreme Court" and provision for distribution "within said period" were omitted. The phrase "as soon as practicable after rendition" was made the time for publishing such decisions as more flexible and practicable.
The words "the United States Court for China" were omitted inasmuch as that court is no longer functioning. The Secretary of State by an arrangement with China has relinquished the extraterritorial jurisdiction previously exercised by the United States in China. The 1944 Legislative and Judiciary Appropriation Act approved June 28, 1943, made no appropriation for the United States Court for China. Appropriations for other courts were made in title II of chapter 173 (57 Stat. 241). The last appropriation for the United States Court for China was in the act of July 2, 1942 (ch. 472, title IV, 56 Stat. 502).
The words "to the Secretary of War for the use of the proper courts and officers of the Philippine Islands, seven copies" were omitted in view of the independence of the Philippines, effective July 4, 1946.
The phrase "justice or judge of the United States" obviated repetition of names of courts. (See definitive section 451 of this title.)
Last sentence, fourth paragraph, of section 334 of title 28, U.S.C., 1940 ed., requiring that books should remain the property of the United States and should be preserved and turned over to successors in office, was omitted as covered by section 414 of this title.
A reference to the United States attorney for the District of Columbia was omitted as covered by "each United States attorney."
Provision authorizing distribution of volumes under this section to each place where a court of appeals is held was added for purposes of uniformity. See similar provision in section 413 of this title.
The revised section substitutes the Director of the Administrative Office of the United States Courts in lieu of the Attorney General insofar as distribution of volumes to the judiciary is concerned. This change is consistent with the duties of the former under section 601 et seq. of this title.
Provision of section 334 of title 28, U.S.C., 1940 ed., as to the custody, use and delivery to successors was omitted as obsolete on advice of the Administrative Office of the United States Courts.
The limitation of 10 copies to the library of the Supreme Court and 6 copies to the marshal of the Supreme Court for use of the justices, was omitted and the provision for distribution in such number "specified by the Chief Justice of the United States" was substituted therefor.
Authority for making an appropriation to carry into effect the provisions of this section is contained in section 336 of title 28, U.S.C., 1940 ed., Acts July 1, 1922, ch. 267, §5, 42 Stat. 818; May 29, 1926, ch. 425, §3, 44 Stat. 678 which is omitted, but not repealed, as unnecessary in this revision.
Changes were made in phraseology and arrangement.
1949 Act
Subsection (a) of this section substitutes, in section 411(a) of title 28, U.S.C., "Secretary of the Army" and "Department of the Army" for "Secretary of War" and "War Department," in view of such redesignation by act of July 26, 1947 (ch. 343, title II, §205(a), 61 Stat. 501). It substitutes, in section 411(a), "Commissioner of Customs; Commandant of the Coast Guard" for "Chief of the Bureau of Marine Inspection and Navigation," in view of the abolishment of the Bureau of Marine Inspection and Navigation, and the transfer of its functions to, and the division thereof between, the Commissioner of Customs and the Commandant of the Coast Guard, by 1946 Reorganization Plan No. 3, §§101–104, effective July 16, 1946 (11 F.R. 7875, 60 Stat. 1097).
It substitutes, in such section 411(a), "Director of the Bureau of Land Management" for "Commissioner of the General Land Office," in view of section 403 of such plan which abolished the General Land Office and created the Bureau of Land Management, headed by a Director. It inserts as new, in such section 411(a), references to the Secretary of Defense, Secretary of the Air Force, and Judge Advocate General of the Air Force, in view of the creation of the National Military Establishment, headed by the Secretary of Defense, and the establishment of the Department of the Air Force in 1947.
Subsection (b) of this section redesignates, in section 411(b) of title 28, U.S.C., the Secretary of War as "Secretary of the Army," for the reasons stated above, and corrects a typographical error in the word "court-martial".
Editorial Notes
Amendments
1952—Act July 10, 1952, amended section generally to provide for flexibility in the printing and distribution of the reports under congressional control.
1951—Subsec. (c). Act Oct. 31, 1951, in second par., substituted "Secretary of the Army" for "Secretary of War".
1949—Subsec. (a). Act May 24, 1949, §68(a), inserted "Secretary of Defense", "Secretary of the Air Force", and "Judge Advocate General of the Air Force" where appearing, and substituted "Secretary of the Army" for "Secretary of War", "Department of the Army" for "War Department", "Director of the Bureau of Land Management" for "Commissioner of the General Land Office", "Commissioner of Customs, Commandant of the Coast Guard" for "Chief of the Bureau of Marine Inspection", and "Chief of Forest Service, Department of Agriculture" for "Chief Forester, National Park Service, Department of the Interior".
Subsec. (b). Act May 24, 1949, §68(b), substituted "Secretary of the Army" for "Secretary of War" and "Court-martial" for "courtmartial".
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (c) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
§412. Sale of Supreme Court reports
The Director of the Government Publishing Office, or other printer designated by the Supreme Court of the United States shall print such additional bound volumes and preliminary prints of such reports as may be required for sale to the public. Such additional copies shall be sold by the Superintendent of Documents, as provided by law.
(June 25, 1948, ch. 646, 62 Stat. 906; July 10, 1952, ch. 632, §5, 66 Stat. 541; Pub. L. 113–235, div. H, title I, §1301(d), Dec. 16, 2014, 128 Stat. 2537.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §335 (Mar. 3, 1911, ch. 231, §228, 36 Stat. 1155; July 1, 1922, ch. 267, §4, 42 Stat. 818; May 29, 1926, ch. 425, §2, 44 Stat. 677).
Authority for making an appropriation to carry into effect the provisions of this section is contained in section 336 of title 28, U.S.C., 1940 ed., acts July 1, 1922, ch. 267, §5, 42 Stat. 818; May 29, 1926, ch. 425, §3, 44 Stat. 678, which is omitted, but not repealed, as unnecessary in this revision.
Reference to digests was omitted to conform to administrative practice. (See section 604(a)(9) of this title.)
Changes were made in phraseology.
Editorial Notes
Amendments
1952—Act July 10, 1952, permitted Superintendent of Documents to sell reports under same terms as other Government publications.
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in text on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
§413. Publications; distribution to courts
Distribution of publications to Federal courts in accordance with the provisions of this chapter shall not be made to any place where such court is held in a building not owned or controlled by the United States unless such publications are committed to the custody of an officer of the United States at such building.
The Attorney General and the Director in the procurement of law books, books of reference or periodicals may exchange or sell similar items and apply the allowance or proceeds to payment in whole or in part of the cost of the items procured.
(June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949, ch. 139, §69, 63 Stat. 100; July 10, 1952, ch. 632, §6, 66 Stat. 541.)
Historical and Revision Notes
1948 Act
Based on section 1131 of title 26, U.S.C., 1940 ed., Internal Revenue Code, title 28, U.S.C., 1940 ed., §§337, 530 (Mar. 3, 1911, ch. 231, §229, 36 Stat. 1155; Mar. 2, 1929, ch. 488, §1, 45 Stat. 1475; May 10, 1934, ch. 277, §512, 48 Stat. 758; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Feb. 10, 1939, ch. 2, §1131, 53 Stat. 163; May 14, 1940, ch. 189, title IV, 54 Stat. 210; July 2, 1942, ch. 472, title IV, 56 Stat. 504; June 28, 1943, ch. 173, title II, §201, 57 Stat. 243; June 26, 1944, ch. 277, §203, 58 Stat. 358; May 21, 1945, ch. 129, title IV, 59 Stat. 200; July 5, 1946, ch. 541, title IV, 60 Stat. 480.)
Section consolidates provisions of section 1131 of title 26, U.S.C., 1940 ed., relating to expenditures for "lawbooks" for the Tax Court of the United States, with sections 337 and 530 of title 28, U.S.C., 1940 ed., relating to purchase and distribution of reporter and digest volumes.
Other provisions of section 1131 of title 26, U.S.C., 1940 ed., are incorporated in section 604 of this title.
Provisions of section 530 of title 28, U.S.C., 1940 ed., limiting the price to be paid for volumes of the Federal Reporter and other similar reports were omitted after consultation with the Administrative Office of United States Courts as more properly covered by current appropriation acts. Similar provisions relating to the Federal Digest and the United States Code Annotated were omitted as covered in current appropriation acts. (See Act June 29, 1944, ch. 286, title II, §212, 58 Stat. 361, 387.)
Provisions of said section 337 of title 28, U.S.C., 1940 ed., that books are to remain United States property, so marked, and transmitted to successors in office of persons receiving them, were omitted as covered by section 414 of this title.
Similar provisions in said section 530 of title 28, U.S.C., 1940 ed., are incorporated in section 414 of this title.
Provision in section 337 of title 28, U.S.C., 1940 ed., for distribution to the Court of Appeals and District Court for the District of Columbia was omitted as covered by the phrase "Each place where a circuit court of appeals or district court is regularly held."
The revised section is extended to include the Customs Court as well as the Court of Claims and Court of Customs and Patent Appeals. All judges receive the Supreme Court reports and digests under section 411 of this title. Presumably the Congress did not intend to deny distribution of the Federal Reporter and digests to the Customs Court while providing for all other courts under said section 337.
The revised section provides for distribution of volumes to the judiciary by the Director of the Administrative Office of the United States Courts. (See reviser's note under section 411 of this title.)
Similar publications are purchased by the Marshal of Supreme Court for the use of the Court. (See section 672(5) of this title.)
The provisions of section 337 of title 28, U.S.C., 1940 ed., requiring annual estimates and disbursement of moneys for the volumes under this section were omitted. Such provisions are covered by appropriate sections of title 31, U.S.C., 1940 ed., Money and Finance.
Provision of section 337 of title 28, U.S.C., 1940 ed., as to custody, use, and delivery to successors was omitted as obsolete on advice of the Administrative Office of the United States Courts.
Numerous changes were made in phraseology and superfluous language was omitted.
Senate Revision Amendment
As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61 Stat. 306, which was classified to Title 28, U.S.C., 1946 ed., §530, became one of the sources of this section and was accordingly included in the schedule of repeals by Senate amendment. See 80th Congress Senate Report No. 1559.
Although section 1131 of Title 26, U.S.C. (Internal Revenue Code) is one of the sources of this section, it was struck out of the schedule of repeals by Senate amendment and accordingly remains in Title 26. See 80th Congress Senate Report No. 1559.
1949 Act
Subsection (a) of this section eliminates from section 413 of title 28, U.S.C., the provision for furnishing books to the Tax Court, which procures books under section 1131 of the Internal Revenue Code (26 U.S.C., 1946 ed., §1131).
Subsection (b) of this section incorporates in section 413 of title 28, U.S.C., with changes in phraseology, the provisions of act of June 3, 1948 (ch. 400, title II, §204, 62 Stat. 321), which was not incorporated in title 18 when the revision was enacted. As amended, section 413 is expanded to give like authority with respect to procurement of books to the Director of the Administrative Office of the United States Courts, as well as to the Attorney General, to prevent an obvious inconsistency.
Editorial Notes
Amendments
1952—Act July 10, 1952, amended section generally, and permitted delivery of publication to buildings controlled by the Government as well as to buildings owned by it.
1949—Act May 24, 1949, struck out reference to the Tax Court in former provisions enumerating judges and courts to receive certain publications, and inserted provisions set out as second par.
§414. Transmittal of books to successors
All government publications and law books furnished to justices, judges, clerks of courts, and United States attorneys of the United States and its territories and possessions, and other officers of the United States or an agency thereof shall be transmitted to their successors in office. All permanent or bound books and publications furnished under this chapter except those books furnished to the Library of Congress for international exchange shall remain the property of the United States and shall be marked plainly, "The Property of the United States".
(June 25, 1948, ch. 646, 62 Stat. 906; Pub. L. 87–845, §7, Oct. 18, 1962, 76A Stat. 699.)
Historical and Revision Notes
Based on section 90 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees, section 530 of title 28, U.S.C., 1940 ed., and section 92 of title 44, U.S.C., 1940 ed., Public Printing and Documents (Aug. 7, 1882, ch. 433, §1, 22 Stat. 336; Jan. 12, 1895, ch. 23, §74, 28 Stat. 620; June 20, 1936, ch. 630, §§11, 12, 49 Stat. 1552, 1553; May 14, 1940, ch. 189, title IV, 54 Stat. 210; June 28, 1941, ch. 258, title IV, 55 Stat. 301; July 2, 1942, ch. 472, title IV, 56 Stat. 504; June 28, 1943, ch. 173, title II, §201, 57 Stat. 243; June 26, 1944, ch. 277, §203, 58 Stat. 358; May 21, 1945, ch. 129, title IV, 59 Stat. 200; July 5, 1946, ch. 541, title IV, 60 Stat. 480).
Section consolidates section 90 of title 5, U.S.C., 1940 ed., providing that "statutes" shall be delivered to successors of United States attorneys and clerks and provisions of section 530 of title 28, U.S.C., 1940 ed., requiring that all lawbooks for judges and others shall be marked as property of the United States and shall be transmitted to their successors, with section 92 of title 44, U.S.C., 1940 ed., relating to transmittal of "Government publications."
Words "All Government publications and lawbooks" and "furnished under this chapter" were used to cover "all statutes" and "The Federal Reporter and continuations thereto."
Words "justices and judges of the United States" were substituted for "United States judges" in conformity with uniform use of the phrase to describe all members of the Federal judiciary. Similar provisions in sections 334 and 377 of title 28, U.S.C., 1940 ed., were therefore omitted as covered by this revised section.
Other provisions of said section 530 of title 28, U.S.C., 1940 ed., were omitted. (See reviser's note under section 413 of this title.)
The words "permanent or bound" were inserted in the last sentence of the revised section to obviate the wasteful practice under existing law of marking temporary pamphlets.
Changes were made in phraseology.
Senate Revision Amendment
As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61 Stat. 306, which was classified to Title 28, U.S.C., 1946 ed., §530, became one of the sources of this section and was accordingly included in the schedule of repeals by Senate amendment. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments
1962—Pub. L. 87–845 substituted "furnished to justices, judges, clerks of courts, and United States attorneys of the United States and its territories and possessions, and other officers of the United States or an agency thereof" for "furnished to justices and judges of the United States and of the Territorial Courts, United States attorneys, clerks of courts, and other officers of the United States".
Statutory Notes and Related Subsidiaries
Effective Date of 1962 Amendment
Pub. L. 87–845, §25, Oct. 18, 1962, 76A Stat. 701, provided that: "This Act [enacting section 4210 of Title 18, Crimes and Criminal Procedure, and section 858 of Title 50, War and National Defense, and amending this section, sections 547, 1404, and 1406 of this title, section 14 of Title 18, section 1934 of Title 22, Foreign Relations and Intercourse, section 196 of Title 24, Hospitals and Asylums, and sections 191a and 191b of Title 50] takes effect January 2, 1963. Laws enacted after January 9, 1962, that are inconsistent with this Act, supersede it to the extent of the inconsistency."
Section, acts June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949, ch. 139, §70, 63 Stat. 100, provided for distribution of copies of decisions of Court of Claims. See section 174(b) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
CHAPTER 21—GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
452.
Courts always open; power unrestricted by expiration of sessions.
1
453.
Oath of justices and judges.
1454.
Practice of law by justices and judges.
455.
Disqualification of justice, judge, or magistrate judge.
456.
Traveling expenses of justices and judges; official duty stations.
457.
Records; obsolete papers.
458.
Relative of justice or judge ineligible to appointment.
459.
Administration of oaths and acknowledgments.
460.
Application to other courts.
461.
Adjustments in certain salaries.
462.
Court accommodations.
463.
Expenses of litigation.
Editorial Notes
Amendments
1982—Pub. L. 97–164, title I, §§115(a)(2), (b)(2), (c)(2), 116(b), Apr. 2, 1982, 96 Stat. 31, 32, inserted "; official duty stations" in item 456, substituted "other courts" for "Canal Zone, Guam and Virgin Islands" in item 460, and added items 462 and 463.
1978—Pub. L. 95–598, title II, §§214(c), 217(b), Nov. 6, 1978, 92 Stat. 2661, struck out "Alaska," after "Application to" in item 460 and struck out reference to referees in bankruptcy in item 455.
1975—Pub. L. 94–82, title II, §205(a)(2), Aug. 9, 1975, 89 Stat. 422, added item 461.
1974—Pub. L. 93–512, §2, Dec. 5, 1974, 88 Stat. 1610, substituted "Disqualification of justice, judge, magistrate, or referee in bankruptcy" for "Interest of justice or judge" in item 455.
1963—Pub. L. 88–139, §3(b), Oct. 16, 1963, 77 Stat. 248, substituted "power unrestricted by expiration of sessions" for "powers unrestricted by terms" in item 452.
1951—Act Oct. 31, 1951, ch. 655, §42, 65 Stat. 725, inserted ", Guam" in item 460.
Change of Name
Words "magistrate judge" substituted for "magistrate" in item 455 pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
§451. Definitions
As used in this title:
The term "court of the United States" includes the Supreme Court of the United States, courts of appeals, district courts constituted by chapter 5 of this title, including the Court of International Trade and any court created by Act of Congress the judges of which are entitled to hold office during good behavior.
The terms "district court" and "district court of the United States" mean the courts constituted by chapter 5 of this title.
The term "judge of the United States" includes judges of the courts of appeals, district courts, Court of International Trade and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior.
The term "justice of the United States" includes the Chief Justice of the United States and the associate justices of the Supreme Court.
The terms "district" and "judicial district" means the districts enumerated in Chapter 5 of this title.
The term "department" means one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government.
The term "agency" includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense.
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 86–3, §10, Mar. 18, 1959, 73 Stat. 9; Pub. L. 89–571, §3, Sept. 12, 1966, 80 Stat. 764; Pub. L. 95–598, title II, §213, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 96–417, title V, §501(10), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97–164, title I, §114, Apr. 2, 1982, 96 Stat. 29.)
Historical and Revisions Notes
This section was inserted to make possible a greater simplification in consolidation of the provisions incorporated in this title.
The definitions of agency and department conform with such definitions in section 6 of revised title 18, U.S.C. (H.R. 3190, 80th Cong.).
Senate Revision Amendment
Those provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559.
Editorial Notes
References in Text
Section 1 of Title 5, referred to in text, is section 1 of former Title 5, Executive Departments and Government Officers and Employees, the provisions of which are covered by section 101 of Title 5, Government Organization and Employees.
Amendments
1982—Pub. L. 97–164 struck out references to the Court of Claims and to the Court of Customs and Patent Appeals in the definitions of "court of the United States" and "judge of the United States".
1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
1978—Pub. L. 95–598 directed the amendment of section by inserting references to bankruptcy courts and bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1966—Pub. L. 89–571 removed the United States District Court for the District of Puerto Rico from the definition of "court of the United States".
1959—Pub. L. 86–3 substituted "including the United States District for the District of Puerto Rico" for "including the district courts of the United States for the districts of Hawaii and Puerto Rico" in provisions defining "court of the United States".
Editorial Notes
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
Effective Date of 1959 Amendment
Pub. L. 86–3, §10, Mar. 18, 1959, 73 Stat. 9, provided that the amendment made by section 10 of Pub. L. 86–3 shall be effective on admission of the State of Hawaii into the Union. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding 491 of Title 48, Territories and Insular Possessions.
"Circuit Court of Appeals;" "Senior Circuit Judge," Etc. Defined
Act June 25, 1948, ch. 646, §32, 62 Stat. 991, as amended by act May 24, 1949, ch. 139, §127, 63 Stat. 107, provided that:
"(a) All laws of the United States in force on September 1, 1948, in which reference is made to a 'circuit court of appeals'; 'senior circuit judge'; 'senior district judge'; 'presiding judge'; 'chief justice', except when reference to the Chief Justice of the United States is intended; or 'justice', except when used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice, are hereby amended by substituting 'court of appeals' for 'circuit court of appeals'; 'chief judge of the circuit' for 'senior circuit judge'; 'chief judge of the district court' for 'senior district judge'; 'chief judge' for 'presiding judge'; 'chief judge' for 'chief justice', except when reference to the Chief Justice of the United States is intended; and 'judge' for 'justice', except when the latter term is used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice.
"(b) All laws of the United States in force on September 1, 1948, in which reference is made to the Supreme Court of the District of Columbia or to the District Court of the United States for the District of Columbia are amended by substituting 'United States District Court for the District of Columbia' for such designations.
"(c) All laws of the United States in force on September 1, 1948, in which reference is made to the 'Conference of Senior Circuit Judges,' or to the 'Judicial Conference of Senior Circuit Judges' are amended by substituting 'Judicial Conference of the United States' for such designations.
"(d) This section shall not be construed to amend historical references to courts or judicial offices which have no present or future application to such courts or offices."
Judges of the United States
Act June 25, 1948, ch. 646, §2(a), 62 Stat. 985, as amended by act Sept. 3, 1954, ch. 1263, §51(a), 68 Stat. 1245, provided that: "The Chief Justices of the United States Court of Appeals for the District of Columbia, the District Court of the United States for the District of Columbia, and the Court of Claims [now United States Court of Federal Claims], and the presiding judge of the Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], in office on the effective date of this Act shall be the chief judges of their respective courts. The Chief Justice of the United States Court of Appeals for the District of Columbia and the Associate Justices thereof, the Chief Justice of the District Court of the United States for the District of Columbia (formerly named the Supreme Court of the District of Columbia) and the Associate Justices thereof, the Chief Justice of the Court of Claims [now United States Court of Federal Claims], and the presiding judge of the Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], in office on the effective date of this Act, shall be judges of the United States within the meaning of Section 451 of Title 28, Judiciary and Judicial Procedure, of the United States Code, set out in Section 1 of this Act. The Chief Justice of the United States Court of Appeals for the District of Columbia and the Associate Justices thereof, in office on the effective date of this Act, shall be circuit judges of the District of Columbia Circuit and vested with all the rights, powers, and duties thereof, and the said Chief Justice of the United States Court of Appeals for the District of Columbia shall be Chief Judge of said Circuit. The Chief Justice of the District Court of the United States for the District of Columbia (formerly named the Supreme Court of the District of Columbia) and the Associate Justices thereof, in office on the effective date of this Act, shall be district judges for the District of Columbia and vested with all the rights, powers, and duties thereof."
Act Sept. 3, 1954, ch. 1263, §51(b), 68 Stat. 1246, provided that this amendment should take effect as of Sept. 1, 1948.
§452. Courts always open; powers unrestricted by expiration of sessions
All courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders.
The continued existence or expiration of a session of a court in no way affects the power of the court to do any act or take any proceeding.
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 88–139, §2, Oct. 16, 1963, 77 Stat. 248.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§13 and 302 (Mar. 3, 1911, ch. 231, §§9, 189, 36 Stat. 1088, 1143; Mar. 2, 1929, ch. 488, §1, 45 Stat. 1475).
Sections 13 and 302 of title 28, U.S.C., 1940 ed., related only to district courts and the Court of Customs and Patent Appeals, and this section has been written to cover all other courts of the United States.
Other provisions of said section 302 of title 28, U.S.C., 1940 ed., are incorporated in sections 214, 456, and 604 of this title.
The phrase "always open" means "never closed" and signifies the time when a court can exercise its functions. With respect to matters enumerated by statute or rule as to which the court is "always open," there is no time when the court is without power to act. (Ex parte Branch, 63 Ala. 383, 387.)
Section 13 of title 28, U.S.C., 1940 ed., provided that "The district courts, as courts of admiralty and as courts of equity, shall be deemed always open * * *" for enumerated purposes, and that the judge "at chambers or in the clerk's office, and in vacation as well as in term," may make orders and issue process. The revised section omits all reference to the nature of the action or proceeding and enumeration of the acts which may be performed by the court. This is in accord with Rules 45(c) and 56 of the new Federal Rules of Criminal Procedure which contain similar provisions with respect to criminal procedure both in the courts of appeals and in the district courts.
Rules 6(c) and 77(a) of the Federal Rules of Civil Procedure contain provisions similar to the second and first paragraphs, respectively, of this section with respect to civil actions in district courts.
Editorial Notes
Amendments
1963—Pub. L. 88–139 substituted "expiration of sessions" for "terms" in section catchline, and "session" for "term" in text.
§453. Oaths of justices and judges
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: "I, ______ XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ______ under the Constitution and laws of the United States. So help me God."
(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101–650, title IV, §404, Dec. 1, 1990, 104 Stat. 5124.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§241, 372, and District of Columbia Code, 1940 ed., §§11–203, 11–303 (R.S.D.C., §752, 18 Stat. pt. II, 90; Feb. 9, 1893, ch. 74, §3, 27 Stat. 435; Mar. 3, 1901, ch. 854, §223, 31 Stat. 1224; Mar. 3, 1911, ch. 231, §§136, 137, 257, 36 Stat. 1135, 1161; Feb. 25, 1919, ch. 29, §4, 40 Stat. 1157).
This section consolidates sections 11–203 and 11–303 of District of Columbia Code, 1940 ed., and section 372 of title 28, U.S.C., 1940 ed., with that portion of section 241 of said title 28 providing that judges of the Court of Claims shall take an oath of office. The remainder of said section 241 comprises sections 171 and 173 of this title.
The phrase "justice or judge of the United States" was substituted for "justices of the Supreme Court, the circuit judges, and the district judges" appearing in said section 372, in order to extend the provisions of this section to judges of the Court of Claims, Customs Court, and Court of Customs and Patent Appeals and to all judges of any court which may be created by enactment of Congress. See definition in section 451 of this title.
The Attorney General has ruled that the expression "any judge of any court of the United States" applied to the Chief Justice and all judges of the Court of Claims. (21 Op. Atty. Gen. 449.)
Editorial Notes
Amendments
1990—Pub. L. 101–650 substituted "under the Constitution" for "according to the best of my abilities and understanding, agreeably to the Constitution".
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–650 effective 90 days after Dec. 1, 1990, see section 407 of Pub. L. 101–650, set out as a note under section 332 of this title.
§454. Practice of law by justices and judges
Any justice or judge appointed under the authority of the United States who engages in the practice of law is guilty of a high misdemeanor.
(June 25, 1948, ch. 646, 62 Stat. 908.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §373 (Mar. 3, 1911, ch. 231, §258, 36 Stat. 1161).
Changes in phraseology were made.
§455. Disqualification of justice, judge, or magistrate judge
(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;
(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
(i) Is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) Is acting as a lawyer in the proceeding;
(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
(iv) Is to the judge's knowledge likely to be a material witness in the proceeding.
(c) A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children residing in his household.
(d) For the purposes of this section the following words or phrases shall have the meaning indicated:
(1) "proceeding" includes pretrial, trial, appellate review, or other stages of litigation;
(2) the degree of relationship is calculated according to the civil law system;
(3) "fiduciary" includes such relationships as executor, administrator, trustee, and guardian;
(4) "financial interest" means ownership of a legal or equitable interest, however small, or a relationship as director, adviser, or other active participant in the affairs of a party, except that:
(i) Ownership in a mutual or common investment fund that holds securities is not a "financial interest" in such securities unless the judge participates in the management of the fund;
(ii) An office in an educational, religious, charitable, fraternal, or civic organization is not a "financial interest" in securities held by the organization;
(iii) The proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a "financial interest" in the organization only if the outcome of the proceeding could substantially affect the value of the interest;
(iv) Ownership of government securities is a "financial interest" in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.
(e) No justice, judge, or magistrate judge shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). Where the ground for disqualification arises only under subsection (a), waiver may be accepted provided it is preceded by a full disclosure on the record of the basis for disqualification.
(f) Notwithstanding the preceding provisions of this section, if any justice, judge, magistrate judge, or bankruptcy judge to whom a matter has been assigned would be disqualified, after substantial judicial time has been devoted to the matter, because of the appearance or discovery, after the matter was assigned to him or her, that he or she individually or as a fiduciary, or his or her spouse or minor child residing in his or her household, has a financial interest in a party (other than an interest that could be substantially affected by the outcome), disqualification is not required if the justice, judge, magistrate judge, bankruptcy judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 93–512, §1, Dec. 5, 1974, 88 Stat. 1609; Pub. L. 95–598, title II, §214(a), (b), Nov. 6, 1978, 92 Stat. 2661; Pub. L. 100–702, title X, §1007, Nov. 19, 1988, 102 Stat. 4667; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §24 (Mar. 3, 1911, ch. 231, §20, 36 Stat. 1090).
Section 24 of title 28, U.S.C., 1940 ed., applied only to district judges. The revised section is made applicable to all justices and judges of the United States.
The phrase "in which he has a substantial interest" was substituted for "concerned in interest in any suit."
The provision of section 24 of title 28, U.S.C., 1940 ed., as to giving notice of disqualification to the "senior circuit judge," and words "and thereupon such proceedings shall be had as are provided in sections 17 and 18 of this title," were omitted as unnecessary and covered by section 291 et seq. of this title relating to designation and assignment of judges. Such provision is not made by statute in case of disqualification or incapacity, for other cause. See sections 140, 143, and 144 of this title. If a judge or clerk of court is remiss in failing to notify the chief judge of the district or circuit, the judicial council of the circuit has ample power under section 332 of this title to apply a remedy.
Relationship to a party's attorney is included in the revised section as a basis of disqualification in conformity with the views of judges cognizant of the grave possibility of undesirable consequences resulting from a less inclusive rule.
Changes were made in phraseology.
Editorial Notes
Amendments
1988—Subsec. (f). Pub. L. 100–702 added subsec. (f).
1978—Pub. L. 95–598 struck out references to referees in bankruptcy in section catchline and in subsecs. (a) and (e).
1974—Pub. L. 93–512 substituted "Disqualification of justice, judge, magistrate, or referee in bankruptcy" for "Interest of justice or judge" in section catchline, reorganized structure of provisions, and expanded applicability to include magistrates and referees in bankruptcy and grounds for which disqualification may be based, and inserted provisions relating to waiver of disqualification.
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge" substituted for "magistrate" in section catchline and wherever appearing in subsecs. (a), (e), and (f) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. For procedures relating to Bankruptcy matters during transition period see note preceding section 151 of this title.
Effective Date of 1974 Amendment
Pub. L. 93–512, §3, Dec. 5, 1974, 88 Stat. 1610, provided that: "This Act [amending this section] shall not apply to the trial of any proceeding commenced prior to the date of this Act [Dec. 5, 1974], nor to appellate review of any proceeding which was fully submitted to the reviewing court prior to the date of this Act."
§456. Traveling expenses of justices and judges; official duty stations
(a) The Director of the Administrative Office of the United States Courts shall pay each justice or judge of the United States, and each retired justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business at a place other than his official duty station for any continuous period of less than thirty calendar days (1) all necessary transportation expenses certified by the justice or judge; and (2) payments for subsistence expenses at rates or in amounts which the Director establishes, in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States and after considering the rates or amounts set by the Administrator of General Services and the President pursuant to section 5702 of title 5. The Director of the Administrative Office of the United States Courts shall also pay each justice or judge of the United States, and each retired justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business under an assignment authorized under chapter 13 of this title which exceeds in duration a continuous period of thirty calendar days, all necessary transportation expenses and actual and necessary expenses of subsistence actually incurred, notwithstanding the provisions of section 5702 of title 5, in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States.
(b) The official duty station of the Chief Justice of the United States, the Justices of the Supreme Court of the United States, and the judges of the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Federal Circuit, and the United States District Court for the District of Columbia shall be the District of Columbia.
(c) The official duty station of the judges of the United States Court of International Trade shall be New York City.
(d) The official duty station of each district judge shall be that place where a district court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.
(e) The official duty station of a circuit judge shall be that place where a circuit or district court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, or that place where the Director provides chambers to the judge where he performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.
(f) The official duty station of a retired judge shall be established in accordance with section 374 of this title.
(g) Each circuit or district judge whose official duty station is not fixed expressly by this section shall notify the Director of the Administrative Office of the United States Courts in writing of his actual abode and official duty station upon his appointment and from time to time thereafter as his official duty station may change.
(June 25, 1948, ch. 646, 62 Stat. 908; Aug. 8, 1953, ch. 376, 67 Stat. 488; Pub. L. 86–138, Aug. 7, 1959, 73 Stat. 285; Pub. L. 95–598, title II, §215, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 96–417, title V, §501(11), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97–164, title I, §115(a)(1), Apr. 2, 1982, 96 Stat. 30; Pub. L. 99–234, title I, §107(d), Jan. 2, 1986, 99 Stat. 1759.)
Historical and Revision Notes
Based on section 1102(d) of title 26, U.S.C., 1940 ed., Internal Revenue Code, and title 28, U.S.C., 1940 ed., §§218, 270, 296, 296a, 302, 374, 449 (Mar. 3, 1911, ch. 231, §§189, 259, 36 Stat. 1143, 1161, and §187(a) as added Oct. 10, 1940, ch. 843, §1, 54 Stat. 1101; and section 307 as added Aug. 7, 1939, ch. 501, §1, 53 Stat. 1224; Sept. 14, 1922, ch. 306, §2, 42 Stat. 838; Feb. 24, 1925, ch. 301, §2, 43 Stat. 965; May 29, 1928, ch. 852, §711, 45 Stat. 882; Mar. 2, 1929, ch. 488, §1, 45 Stat. 1475; June 23, 1930, ch. 573, §1, 46 Stat. 799; Feb. 10, 1939, ch. 2, §1102(d), 53 Stat. 159; Apr. 22, 1940, ch. 126, 54 Stat. 149; May 3, 1945, ch. 106, title I, §1, 59 Stat. 127; May 21, 1945, ch. 129, title IV, 59 Stat. 197; July 5, 1946, ch. 541, title IV, 60 Stat. 477).
Section 270 of title 28, U.S.C., 1940 ed., related to the Chief Justice and each judge of the Court of Claims and provided for payment of expenses on order of court.
Sections 296, 296a of title 28, U.S.C., 1940 ed., provided for payment of such expenses of the Customs Court judges.
Section 302 of title 28, U.S.C., 1940 ed., provided for the payment of expenses of a judge of the Court of Customs and Patent Appeals upon his certificate. It contained no $10 limitation upon his daily subsistence expense and in addition authorized the necessary expenses for travel and attendance of one stenographic clerk who accompanied him. This latter provision is the basis for section 834 of this title. Other provisions of said section 302 of title 28, U.S.C., 1940 ed., are incorporated in sections 214 and 452 of this title.
Section 374 of title 28, U.S.C., 1940 ed., related to circuit justices, circuit judges and district judges, including district judges in Alaska, Hawaii, and Puerto Rico. References to these territories is omitted as unnecessary. Provision for Alaska judges is covered by section 460 of this title, and section 114 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, as amended by a separate section in the bill to enact this revision. Hawaii and Puerto Rico are included as districts by sections 91 and 119 of this title, and judges thereof are "judges of the United States" as defined in section 451 of this title.
The inconsistent provision of said section 270 of title 28, U.S.C., 1940 ed., with reference to payment on order of court was omitted to permit payment to every judge on his certificate.
The $10 per day subsistence limitation applicable to all other judges was extended to the judges of the Court of Customs and Patent Appeals.
The provision of said section 270 of title 28, U.S.C., 1940 ed., relating to traveling expenses of commissioners and stenographers is incorporated in sections 792 and 794 of this title.
The provisions of said section 296 of title 28, U.S.C., 940 ed., relating to organization of the Customs Court are the basis of sections 251, 252, 253, and 254 of this title. Other provisions of said section 296 are incorporated in sections 1581, 2071, 2639, and 2640 of this title, and the retirement provisions of that section are covered by sections 371 and 372 of this title.
The provision of section 296 of title 28, U.S.C., 1940 ed., expenses of retired judges was made applicable to all judges.
The provision of section 218 of title 28, U.S.C., 1940 ed., for payment of travel expenses of judges attending the Judicial Conference of the United States was omitted as covered by the first paragraph of the revised section.
The provision in section 218 of title 28, U.S.C., 1940 ed., requiring the marshal of the Supreme Court to pay the expenses of attending the Judicial Conference of the United States is omitted as covered in part by section 550 [see 571] of this title under which United States marshals pay the travel allowances of circuit, district, and certain other judges. The expenses of the Chief Justice of the United States in attending such Conference were required also under said section 218 to be paid by the Supreme Court marshal. Such requirement is also omitted upon advice of the Director of the Administrative Office of the United States Courts that the matter of payment is one of administrative convenience. As to manner of payment of salaries to active and retired Justices of the Supreme Court, see reviser's note under section 550 [see 571] of this title.
Words "justice or judge of the United States" were used to describe members of all courts. See definitive section 451 of this title.
The remaining provisions of sections 218 of title 28, U.S.C., 1940 ed., relating to the Judicial Conference of the United States and 449 of title 28, U.S.C., 1940 ed., relating to judicial conferences of circuits, are incorporated in sections 331 and 333, respectively.
Said section 1102(d) of title 26, U.S.C., 1940 ed., related to traveling and subsistence expenses of judges of The Tax Court of the United States, successor to the Board of Tax Appeals.
Numerous changes were made in phraseology.
Senate Revision Amendments
Those provisions of this section which related to the Tax Court were eliminated by Senate amendment, therefore section 1102(d) of title 26, U.S.C., was not one of the sources of this section as finally enacted.
As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61 Stat. 303, which was classified to title 28, U.S.C., 1946 ed., §296a, became one of the sources of this section and was accordingly included in the schedule of repeals by Senate amendment. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments
1986—Subsec. (a). Pub. L. 99–234 substituted "payments for subsistence expenses at rates or in amounts which the Director establishes, in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States and after considering the rates or amounts set by the Administrator of General Services and the President pursuant to section 5702 of title 5" for "a per diem allowance for travel at the rate which the Director establishes not to exceed the maximum per diem allowance fixed by section 5702(a) of title 5, or in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States, reimbursement for his actual and necessary expenses of subsistence not in excess of the maximum amount fixed by section 5702 of title 5".
1982—Pub. L. 97–164 inserted "; official duty stations" in section catchline.
Subsec. (a). Pub. L. 97–164 designated existing undesignated first par. as subsec. (a), substituted "The Director of the Administrative Office of the United States Courts shall pay each justice or judge of the United States, and each retired justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business at a place other than his official duty station for any continuous period of less than thirty calendar days (1) all necessary transportation expenses certified by the justice or judge; and (2) a per diem allowance for travel at the rate which the Director establishes not to exceed the maximum per diem allowance fixed by section 5702(a) of title 5, or in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States, reimbursement for his actual and necessary expenses of subsistence not in excess of the maximum amount fixed by section 5702 of title 5" for "Each Justice or judge of the United States and each retired Justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business at a place other than his official station, shall, upon his certificate, be paid by the Director of the Administrative Office of the United States Courts all necessary traveling expenses, and also a per diem allowance in lieu of actual expenses of subsistence (as defined in the Travel Expense Act of 1949, as amended, 63 Stat. 166; 5 U.S.C. 835) at the per diem rate provided for by the Travel Expense Act of 1949, as amended, or, in accordance with regulations prescribed by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States, reimbursement for his actual expenses of subsistence not in excess of the maximum amount fixed by the Travel Expense Act of 1949, as amended", and inserted "The Director of the Administrative Office of the United States Courts shall also pay each justice or judge of the United States, and each retired justice or judge recalled or designated and assigned to active duty, while attending court or transacting official business under an assignment authorized under chapter 13 of this title which exceeds in duration a continuous period of thirty calendar days, all necessary transportation expenses and actual and necessary expenses of subsistence actually incurred, notwithstanding the provisions of section 5702 of title 5, in accordance with regulations which the Director shall prescribe with the approval of the Judicial Conference of the United States."
Subsec. (b). Pub. L. 97–164 designated existing undesignated second par. as subsec. (b), and in subsec. (b) as so designated, substituted "official duty station" for "official station", struck out references to the judges of the Court of Claims and the Court of Customs and Patent Appeals, and inserted reference to the judges of the United States Court of Appeals for the Federal Circuit.
Subsec. (c). Pub. L. 97–164 designated existing undesignated third par. as subsec. (c) and substituted "official duty station" for "official station".
Subsec. (d). Pub. L. 97–164 designated existing undesignated fourth par. as subsec. (d) and substituted "The official duty station of each district judge shall be that place where a district court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives" for "The official station of each circuit and district judge, including each district judge in the Territories and possessions, shall be that place where a district court is regularly held and at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains an actual abode in which he customarily lives".
Subsecs. (e), (f). Pub. L. 97–164 added subsecs. (e) and (f).
Subsec. (g). Pub. L. 97–164 designated existing undesignated fifth par. as subsec. (g) and substituted "Each circuit or district judge whose official duty station is not fixed expressly by this section shall notify the Director of the Administrative Office of the United States Courts in writing of his actual abode and official duty station upon his appointment and from time to time thereafter as his official duty station may change" for "Each circuit judge and each district judge whose official station is not fixed expressly in the second paragraph of this section shall upon his appointment and from time to time thereafter as his official station may change, notify the Director of the Administrative Office of the United States Courts in writing of his actual abode and his official station".
1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
1978—Pub. L. 95–598 directed the amendment of section by inserting references to the United States Bankruptcy Court for the District of Columbia and bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1959—Pub. L. 86–138 authorized payment to justices and judges of a per diem allowance or a maximum amount for actual expenses of subsistence in place of reasonable maintenance expenses actually incurred, not exceeding $15 per day.
1953—Act Aug. 8, 1953, increased limit of reimbursable maintenance from $10 to $15 per day.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–234 effective (1) on effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of Pub. L. 99–234, set out as a note under section 5701 of Title 5, Government Organization and Employees.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
Report on Transportation Needs
Pub. L. 99–550, §3, Oct. 27, 1986, 100 Stat. 3070, directed Director of Administrative Office of United States Courts, within one year after Oct. 27, 1986, to prepare, in consultation with Marshal of Supreme Court of United States, Clerk of United States Court of Military Appeals, and Court Administrator of United States Tax Court, and transmit to Congress, appropriate recommendations concerning transportation needs of judicial branch and of courts established pursuant to Article I of the Constitution.
Promulgation of Regulations by Director
Director to promulgate regulations effectuating increases in reimbursement for expenses, see section 6 of Pub. L. 87–139, Aug. 14, 1961, 75 Stat. 340, set out as a note under section 604 of this title.
§457. Records; obsolete papers
The records of district courts and of courts of appeals shall be kept at one or more of the places where court is held. Such places shall be designated by the respective courts except when otherwise directed by the judicial council of the circuit.
Papers of any court established by Act of Congress which have become obsolete and are no longer necessary or useful, may be disposed of with the approval of the court concerned in the manner provided by sections 366–380 of Title 44 and in accordance with the rules of the Judicial Conference of the United States.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 95–598, title II, §216, Nov. 6, 1978, 92 Stat. 2661.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§10, 523a, 523b, (Mar. 3, 1911, ch. 231, §6, 36 Stat. 1088; June 3, 1930, ch. 396, §§1, 2, 46 Stat. 496).
Section consolidates and simplifies sections 10, 523a and 523b of title 28, U.S.C., 1940 ed., relating to filing district court records and destroying obsolete papers and bankruptcy proofs of claims.
The revised section enlarges scope of section 10 of title 28, U.S.C., 1940 ed., to include places of keeping records of courts of appeals which was not covered by existing law.
The provisions in section 10 of title 28, U.S.C., 1940 ed., that where court is held "at more than one place" and the place of keeping the records "is not specially provided by law, they shall be kept at either of the places" designated by the court, was changed to permit the judicial councils of the circuits to make the determination without requiring special enactment of Congress. See section 332 of this title as to purpose and duties of the judicial councils.
The provision of section 523a of title 28, U.S.C., 1940 ed., authorizing destruction of records by the Attorney General was rewritten in the second paragraph to give such authority, respecting court records, to the Director of the Administrative Office of the United States Courts. Such Director, under section 604 of this title, now exercises administrative authority over clerks and commissioners.
A similar provision with respect to records of United States attorneys and marshals was omitted as superseded by sections 366 and 380 of title 44, U.S.C., 1940 ed., Public Printing and Documents, which prescribe the exclusive method for disposition of such papers.
Substantial changes were made in phraseology and arrangement.
Editorial Notes
References in Text
Sections 366–380 of Title 44, referred to in text, were repealed and the provisions thereof reenacted as chapter 33 (§3301 et seq.) of Title 44, Public Printing and Documents, by Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1238.
Amendments
1978—Pub. L. 95–598 directed the amendment of section by inserting "of bankruptcy courts," after "The record", which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
§458. Relative of justice or judge ineligible to appointment
(a)(1) No person shall be appointed to or employed in any office or duty in any court who is related by affinity or consanguinity within the degree of first cousin to any justice or judge of such court.
(2) With respect to the appointment of a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court), subsection (b) shall apply in lieu of this subsection.
(b)(1) In this subsection, the term—
(A) "same court" means—
(i) in the case of a district court, the court of a single judicial district; and
(ii) in the case of a court of appeals, the court of appeals of a single circuit; and
(B) "member"—
(i) means an active judge or a judge retired in senior status under section 371(b); and
(ii) shall not include a retired judge, except as described under clause (i).
(2) No person may be appointed to the position of judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) who is related by affinity or consanguinity within the degree of first cousin to any judge who is a member of the same court.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 105–300, §1(a), Oct. 27, 1998, 112 Stat. 2836.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §126 (Mar. 3, 1887, ch. 373, §7, 24 Stat. 555; Aug. 13, 1888, ch. 866, §7, 25 Stat. 437; Mar. 3, 1911, ch. 231, §67, 36 Stat. 1105; Dec. 21, 1911, ch. 4, 37 Stat. 46).
A provision referring to circuit court employees as of December 21, 1911, was omitted as obsolete.
Changes in phraseology were made.
Editorial Notes
Amendments
1998—Pub. L. 105–300 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) and (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Pub. L. 105–300, §1(b), Oct. 27, 1998, 112 Stat. 2837, provided that: "This Act [amending this section] shall take effect on the date of enactment of this Act [Oct. 27, 1998] and shall apply only to any individual whose nomination is submitted to the Senate on or after such date."
§459. Administration of oaths and acknowledgments
Each justice or judge of the United States may administer oaths and affirmations and take acknowledgments.
(June 25, 1948, ch. 646, 62 Stat. 908.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§264, 385, section 1509 of title 19, U.S.C., 1940 ed., Customs Duties, and section 1114(a) of title 26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231, §§158, 268, 36 Stat. 1139, 1163; June 17, 1930, ch. 497, title IV, §509, 46 Stat. 733; Feb. 10, 1939, ch. 2, §1114(a), 53 Stat. 160; Oct. 21, 1942, ch. 619, title V, §504(a), (c), 56 Stat. 957; Feb. 25, 1944, ch. 63, title V, §503, 58 Stat. 72).
Section consolidates provisions of sections 264 and 385 of title 28, U.S.C., 1940 ed., section 1509 of title 19, U.S.C., 1940 ed., and section 1114(a) of title 26, U.S.C., 1940 ed., relating to administration of oaths and acknowledgments by judges and courts.
The provision of section 385 of title 28, U.S.C., 1940 ed., giving to "all courts of the United States" power to impose and administer all necessary oaths is the only part of such section in this title. The remainder is incorporated in section 401 of revised title 18, U.S.C. (H.R. 1600, 80th Cong.), Crimes and Criminal Procedure.
Section 264 of title 28, U.S.C., 1940 ed., related only to the Court of Claims and provision of such section relating to clerks and deputies is incorporated in section 953 of this title.
Section 1509 of title 19, U.S.C., 1940 ed., related only to the Customs Court.
Section 1114(a) of title 26, U.S.C., 1940 ed., related only to The Tax Court. That portion of such section authorizing certain employees of The Tax Court to administer oaths and acknowledgments is incorporated in section 953 of this title. For distribution of other provisions thereof, see Distribution Table.
The revised section clarifies what was apparently a statutory omission in that no provision was made with reference to the Court of Customs and Patent Appeals, the judges of which now will have the same power respecting administering oaths as judges of other courts.
Senate Revision Amendment
By Senate amendment, all provisions relating to the Tax Court were eliminated, therefore, as finally enacted, section 1114(a) of Title 26, U.S.C., Internal Revenue Code, did not constitute part of the source of this section. However, no change in the text of this section was necessary. See 80th Congress Senate Report No. 1559.
§460. Application to other courts
(a) Sections 452 through 459 and section 462 of this chapter shall also apply to the United States Court of Federal Claims, to each court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, and to the judges thereof.
(b) The official duty station of each judge referred to in subsection (a) which is not otherwise established by law shall be that place where the court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.
(June 25, 1948, ch. 646, 62 Stat. 908; Oct. 31, 1951, ch. 655, §43(a), 65 Stat. 725; Pub. L. 85–508, §12(e), July 7, 1958, 72 Stat. 348; Pub. L. 95–598, title II, §217(a), Nov. 6, 1978, 92 Stat. 2661; Pub. L. 97–164, title I, §115(b)(1), Apr. 2, 1982, 96 Stat. 31; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
This section was included to make clear that the provisions of this chapter are equally applicable in Alaska, the Canal Zone and the Virgin Islands in view of definitive section 451 of this title.
Editorial Notes
Amendments
1992—Subsec. (a). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".
1982—Pub. L. 97–164 substituted "Application to other courts" for "Application to Canal Zone, Guam and Virgin Islands" in section catchline, designated existing provisions as subsec. (a), substituted "Sections 452 through 459 and section 462 of this chapter shall also apply to the United States Claims Court, to each court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, and to the judges thereof" for "Sections 452–459 of this chapter shall also apply to the United States District Court for the District of the Canal Zone, the District Court of Guam and the District Court of the Virgin Islands and the judges thereof", and added subsec. (b).
1978—Pub. L. 95–598 struck out "Alaska," after "Application to" in section catchline.
1958—Pub. L. 85–508 struck out provisions which made sections 452 to 459 applicable to the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.
1951—Act Oct. 31, 1951, inserted ", Guam" in section catchline, and inserted reference to the District Court of Guam in text.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.
§461. Adjustments in certain salaries
(a)(1) Subject to paragraph (2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5 in the rates of pay under the General Schedule (except as provided in subsection (b)), each salary rate which is subject to adjustment under this section shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100) equal to the percentage of such salary rate which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.
(2) In no event shall the percentage adjustment taking effect under paragraph (1) in any calendar year (before rounding), in any salary rate, exceed the percentage adjustment taking effect in such calendar year under section 5303 of title 5 in the rates of pay under the General Schedule.
(b) Subsection (a) shall not apply to the extent it would reduce the salary of any individual whose compensation may not, under section 1 of article III of the Constitution of the United States, be diminished during such individual's continuance in office.
(Added Pub. L. 94–82, title II, §205(a)(1), Aug. 9, 1975, 89 Stat. 422; amended Pub. L. 101–194, title VII, §704(a)(2)(A), Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101–509, title V, §529 [title I, §101(b)(4)(J)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 103–356, title I, §101(4), Oct. 13, 1994, 108 Stat. 3411.)
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organization and Employees.
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a)(1), is section 704(a)(1) of Pub. L. 101–194, which is set out as a note under section 5318 of Title 5.
Amendments
1994—Subsec. (a). Pub. L. 103–356 designated existing provisions as par. (1), substituted "Subject to paragraph (2), effective" for "Effective", and added par. (2).
1990—Subsec. (a). Pub. L. 101–509 substituted "5303" for "5305".
1989—Subsec. (a). Pub. L. 101–194 substituted "corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect" for "corresponds to the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustments in the rates of pay under such Schedule."
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–356, title I, §101, Oct. 13, 1994, 108 Stat. 3410, provided that the amendment made by that section is effective as of Dec. 31, 1994.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of Pub. L. 101–509, set out as a note under section 5301 of Title 5, Government Organization and Employees.
Effective Date of 1989 Amendment
Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 704(b) of Pub. L. 101–194, set out as a note under section 5318 of Title 5, Government Organization and Employees.
References to "this Act" in Div. D of Pub. L. 111–8
Pub. L. 111–8, div. D, title VII, §750, Mar. 11, 2009, 123 Stat. 693, provided that: "Except as expressly provided otherwise, any reference to 'this Act' contained in any title other than title IV [123 Stat. 649] or VIII [123 Stat. 695] shall not apply to such title IV or VIII."
References to "this Act" in Div. D of Pub. L. 110–161
Pub. L. 110–161, div. D, title VII, §749, Dec. 26, 2007, 121 Stat. 2035, provided that: "Except as expressly provided otherwise, any reference to 'this Act' contained in any title other than title IV [121 Stat. 1990] or VIII [121 Stat. 2035] shall not apply to such title IV or VIII."
Salary Adjustments
Pub. L. 111–8, div. D, title III, §310, Mar. 11, 2009, 123 Stat. 649, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], and from funds appropriated in this Act [div. D of Pub. L. 111–8, see Tables for classification and see section 750 of Pub. L. 111–8, set out as a note above], Justices and judges of the United States are authorized during fiscal year 2009, to receive a salary adjustment in accordance with 28 U.S.C. 461."
Pub. L. 110–161, div. D, title III, §305, Dec. 26, 2007, 121 Stat. 1989, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], and from funds appropriated in this Act [div. D of Pub. L. 110–161, see Tables for classification and see section 749 of Pub. L. 110–161, set out as a note above], Justices and judges of the United States are authorized during fiscal year 2008, to receive a salary adjustment in accordance with 28 U.S.C. 461."
Pub. L. 109–115, div. A, title IV, §405, Nov. 30, 2005, 119 Stat. 2470, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], and from funds appropriated in this Act [div. A of Pub. L. 109–115, see Tables for classification], Justices and judges of the United States are authorized during fiscal year 2006, to receive a salary adjustment in accordance with 28 U.S.C. 461."
Pub. L. 108–491, §1, Dec. 23, 2004, 118 Stat. 3973, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], Justices and judges of the United States are authorized during fiscal year 2005 to receive a salary adjustment in accordance with section 461 of title 28, United States Code."
Pub. L. 108–447, div. B, title III, §306, Dec. 8, 2004, 118 Stat. 2895, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], and from funds appropriated in this Act [div. B of Pub. L. 108–447, see Tables for classification], Justices and judges of the United States are authorized during fiscal year 2005, to receive a salary adjustment in accordance with 28 U.S.C. 461."
Pub. L. 108–167, Dec. 6, 2003, 117 Stat. 2031, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], Justices and judges of the United States are authorized during fiscal year 2004 to receive a salary adjustment in accordance with section 461 of title 28, United States Code."
Pub. L. 108–6, §1, Feb. 13, 2003, 117 Stat. 10, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], Justices and judges of the United States are authorized during fiscal year 2003 to receive a salary adjustment in accordance with section 461 of title 28, United States Code."
Pub. L. 107–77, title III, §305, Nov. 28, 2001, 115 Stat. 783, provided in part that: "Pursuant to section 140 of Public Law 97–92 [set out below], Justices and judges of the United States are authorized during fiscal year 2002, to receive a salary adjustment in accordance with 28 U.S.C. 461".
Pub. L. 106–553, §1(a)(2) [title III, §309], Dec. 21, 2000, 114 Stat. 2762, 2762A-89, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], Justices and judges of the United States are authorized during fiscal year 2001, to receive a salary adjustment in accordance with 28 U.S.C. 461, only if for the purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 [Pub. L. 101–194] (5 U.S.C. 5318 note), adjustments under section 5303 of title 5, United States Code, shall take effect in fiscal year 2001".
Pub. L. 106–113, div. B, §1000(a)(1) [title III, §304], Nov. 29, 1999, 113 Stat. 1535, 1501A-36, provided in part that: "Pursuant to section 140 of Public Law 97–92 [set out below], Justices and judges of the United States are authorized during fiscal year 2000, to receive a salary adjustment in accordance with 28 U.S.C. 461".
Pub. L. 105–119, title III, §306, Nov. 26, 1997, 111 Stat. 2493, provided in part that: "Pursuant to section 140 of Public Law 97–92 [set out below], justices and judges of the United States are authorized during fiscal year 1998, to receive a salary adjustment in accordance with 28 U.S.C. 461".
Pub. L. 102–395, title III, §304, Oct. 6, 1992, 106 Stat. 1859, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], Justices and judges of the United States are authorized during fiscal year 1993, to receive a salary adjustment in accordance with 28 U.S.C. 461."
Pub. L. 102–140, title III, §305, Oct. 28, 1991, 105 Stat. 810, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], Justices and judges of the United States are authorized during fiscal year 1992, to receive a salary adjustment in accordance with 28 U.S.C. 461."
Pub. L. 101–520, title III, §321, Nov. 5, 1990, 104 Stat. 2285, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], Justices and judges of the United States are authorized during calendar year 1991 to receive a salary adjustment in accordance with 28 U.S.C. section 461."
Pub. L. 101–194, title VII, §703(a)(3), Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of Title 5, Government Organization and Employees, provided that effective the first day of the first applicable pay period that begins on or after January 1, 1991, the rate of basic pay for the Chief Justice of the United States, an associate justice of the Supreme Court of the United States, a judge of a United States circuit court, a judge of a district court of the United States, and a judge of the United States Court of International Trade shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100).
For purposes of section 140 of Pub. L. 97–92 (set out below), appropriate salary increases were authorized for Federal judges and Justices of the Supreme Court pursuant to section 702(a) of Pub. L. 101–194 which provided that effective for pay periods beginning on or after Nov. 30, 1989, the rate of basic pay for any office or position in the judicial branch of the Government shall be determined as if section 620(b) of Pub. L. 100–440 (5 U.S.C. 5303 note) and section 619(b) of Pub. L. 101–136 (5 U.S.C. 5303 note) had never been enacted, see section 702 of Pub. L. 101–194, set out as a note under section 5303 of Title 5.
Pub. L. 100–202, §101(a) [title IV, §406], Dec. 22, 1987, 101 Stat. 1329, 1329-26, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], during fiscal year 1988, justices and judges of the United States shall receive the same percentage increase in salary accorded to employees paid under the General Schedule (pursuant to 5 U.S.C. 5305)."
Pub. L. 99–500, §101(b) [title IV, §406], Oct. 18, 1986, 100 Stat. 1783–39, 1783-64, and Pub. L. 99–591, §101(b) [title IV, §406], Oct. 30, 1986, 100 Stat. 3341–39, 3341-64, provided that: "Pursuant to section 140 of Public Law 97–92 [set out below], during fiscal year 1987, justices and judges of the United States shall receive the same percentage increase in salary accorded to employees paid under the General Schedule (pursuant to 5 U.S.C. 5305)."
Pub. L. 99–88, title I, §100, Aug. 15, 1985, 99 Stat. 310, provided in part that: "Effective on the first day of the first applicable pay period commencing on or after January 1, 1985, each rate of pay subject to adjustment by section 461 of title 28, United States Code, shall be increased by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the overall percentage of the adjustment taking effect under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule during fiscal year 1985."
Pub. L. 98–369, div. B, title II, §2207, July 18, 1984, 98 Stat. 1060, provided that: "Effective on the first day of the first applicable pay period commencing on or after January 1, 1984, each rate of pay subject to adjustment by section 461 of title 28, United States Code, shall be increased by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the overall percentage of the adjustment taking effect under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule during fiscal year 1984."
Specific Congressional Authorization Required for Salary Increases for Federal Judges and Justices of the Supreme Court
Pub. L. 97–92, §140, Dec. 15, 1981, 95 Stat. 1200, as amended by Pub. L. 107–77, title VI, §625, Nov. 28, 2001, 115 Stat. 803, provided that: "Notwithstanding any other provision of law or of this joint resolution [Pub. L. 97–92], none of the funds appropriated by this joint resolution or by any other Act shall be obligated or expended to increase, after the date of enactment of this joint resolution [Dec. 15, 1981], any salary of any Federal judge or Justice of the Supreme Court, except as may be specifically authorized by Act of Congress hereafter enacted: Provided, That nothing in this limitation shall be construed to reduce any salary which may be in effect at the time of enactment of this joint resolution nor shall this limitation be construed in any manner to reduce the salary of any Federal judge or of any Justice of the Supreme Court. This section shall apply to fiscal year 1981 and each fiscal year thereafter."
Salary Rate Limitations on Use of Funds
1982—Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97–276, as amended, set out as a note under section 5318 of Title 5, Government Organization and Employees.
1981—Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97–92, set out as a note under section 5318 of Title 5.
1980—Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96–536, as amended, set out as a note under section 5318 of Title 5.
1979—Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95–391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101 of Pub. L. 96–86, set out as a note under section 5318 of Title 5.
1978—Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of Pub. L. 95–391 and section 613 of Pub. L. 95–429, set out as a note under section 5318 of Title 5.
1977 Comparability Adjustment Not Effective for Justices, Judges, Commissioners, and Referees
Pub. L. 95–66, §1(3), July 11, 1977, 91 Stat. 270, set out as a note under section 5318 of Title 5, Government Organization and Employees, provided that the first adjustment which, but for the enactment of Pub. L. 95–66, would have been made in the salary and rate of pay of justices, judges, commissioners, and referees under this section after July 11, 1977, would not take effect.
§462. Court accommodations
(a) Sessions of courts of the United States (except the Supreme Court) shall be held only at places where the Director of the Administrative Office of the United States Courts provides accommodations, or where suitable accommodations are furnished without cost to the judicial branch.
(b) The Director of the Administrative Office of the United States Courts shall provide accommodations, including chambers and courtrooms, only at places where regular sessions of court are authorized by law to be held, but only if the judicial council of the appropriate circuit has approved the accommodations as necessary.
(c) The limitations and restrictions contained in subsection (b) of this section shall not prevent the Director from furnishing chambers to circuit judges at places within the circuit other than where regular sessions of court are authorized by law to be held, when the judicial council of the circuit approves.
(d) The Director of the Administrative Office of the United States Courts shall provide permanent accommodations for the United States Court of Appeals for the Federal Circuit and for the United States Court of Federal Claims only at the District of Columbia. However, each such court may hold regular and special sessions at other places utilizing the accommodations which the Director provides to other courts.
(e) The Director of the Administrative Office of the United States Courts shall provide accommodations for probation officers, pretrial service officers, and Federal Public Defender Organizations at such places as may be approved by the judicial council of the appropriate circuit.
(f) Upon the request of the Director, the Administrator of General Services is authorized and directed to provide the accommodations the Director requests, and to close accommodations which the Director recommends for closure with the approval of the Judicial Conference of the United States.
(Added Pub. L. 97–164, title I, §115(c)(1), Apr. 2, 1982, 96 Stat. 31; amended Pub. L. 100–702, title X, §1015, Nov. 19, 1988, 102 Stat. 4669; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
Editorial Notes
Amendments
1992—Subsec. (d). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".
1988—Subsec. (c). Pub. L. 100–702 substituted "within the circuit other than where regular sessions of court are authorized by law to be held," for "where Federal facilities are available".
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
§463. Expenses of litigation
Whenever a Chief Justice, justice, judge, officer, or employee of any United States court is sued in his official capacity, or is otherwise required to defend acts taken or omissions made in his official capacity, and the services of an attorney for the Government are not reasonably available pursuant to chapter 31 of this title, the Director of the Administrative Office of the United States Courts may pay the costs of his defense. The Director shall prescribe regulations for such payments subject to the approval of the Judicial Conference of the United States.
(Added Pub. L. 97–164, title I, §116(a), Apr. 2, 1982, 96 Stat. 32.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
CHAPTER 23—CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS
471.
Requirement for a district court civil justice expense and delay reduction plan.
472.
Development and implementation of a civil justice expense and delay reduction plan.
473.
Content of civil justice expense and delay reduction plans.
474.
Review of district court action.
475.
Periodic district court assessment.
476.
Enhancement of judicial information dissemination.
477.
Model civil justice expense and delay reduction plan.
479.
Information on litigation management and cost and delay reduction.
481.
Automated case information.
§471. Requirement for a district court civil justice expense and delay reduction plan
There shall be implemented by each United States district court, in accordance with this chapter, a civil justice expense and delay reduction plan. The plan may be a plan developed by such district court or a model plan developed by the Judicial Conference of the United States. The purposes of each plan are to facilitate deliberate adjudication of civil cases on the merits, monitor discovery, improve litigation management, and ensure just, speedy, and inexpensive resolutions of civil disputes.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5090; amended Pub. L. 102–198, §2(1), Dec. 9, 1991, 105 Stat. 1623.)
Editorial Notes
Amendments
1991—Pub. L. 102–198 substituted "this chapter" for "this title".
Congressional Statement of Findings
Pub. L. 101–650, title I, §102, Dec. 1, 1990, 104 Stat. 5089, provided that: "The Congress makes the following findings:
"(1) The problems of cost and delay in civil litigation in any United States district court must be addressed in the context of the full range of demands made on the district court's resources by both civil and criminal matters.
"(2) The courts, the litigants, the litigants' attorneys, and the Congress and the executive branch, share responsibility for cost and delay in civil litigation and its impact on access to the courts, adjudication of cases on the merits, and the ability of the civil justice system to provide proper and timely judicial relief for aggrieved parties.
"(3) The solutions to problems of cost and delay must include significant contributions by the courts, the litigants, the litigants' attorneys, and by the Congress and the executive branch.
"(4) In identifying, developing, and implementing solutions to problems of cost and delay in civil litigation, it is necessary to achieve a method of consultation so that individual judicial officers, litigants, and litigants' attorneys who have developed techniques for litigation management and cost and delay reduction can effectively and promptly communicate those techniques to all participants in the civil justice system.
"(5) Evidence suggests that an effective litigation management and cost and delay reduction program should incorporate several interrelated principles, including—
"(A) the differential treatment of cases that provides for individualized and specific management according to their needs, complexity, duration, and probable litigation careers;
"(B) early involvement of a judicial officer in planning the progress of a case, controlling the discovery process, and scheduling hearings, trials, and other litigation events;
"(C) regular communication between a judicial officer and attorneys during the pretrial process; and
"(D) utilization of alternative dispute resolution programs in appropriate cases.
"(6) Because the increasing volume and complexity of civil and criminal cases imposes increasingly heavy workload burdens on judicial officers, clerks of court, and other court personnel, it is necessary to create an effective administrative structure to ensure ongoing consultation and communication regarding effective litigation management and cost and delay reduction principles and techniques."
Statutory Notes and Related Subsidiaries
Implementation of Plans
Pub. L. 101–650, title I, §103(b), (c), Dec. 1, 1990, 104 Stat. 5096, as amended by Pub. L. 102–572, title V, §505, Oct. 29, 1992, 106 Stat. 4513; Pub. L. 105–53, §2, Oct. 6, 1997, 111 Stat. 1173; Pub. L. 106–518, title II, §206, Nov. 13, 2000, 114 Stat. 2414, provided that:
"(b) Implementation.—(1) Except as provided in section 105 of this Act [set out below], each United States district court shall, within three years after the date of the enactment of this title [Dec. 1, 1990], implement a civil justice expense and delay reduction plan under section 471 of title 28, United States Code, as added by subsection (a).
"(2)(A) The requirements set forth in sections 471, 472, 473, 474, 475, 477, and 478 of title 28, United States Code, as added by subsection (a), shall remain in effect for seven years after the date of the enactment of this title.
"(B) The requirements set forth in section 476 of title 28, United States Code, as added by subsection (a), shall remain in effect permanently.
"(c) Early Implementation District Courts.—
"(1) Any United States district court that, no earlier than June 30, 1991, and no later than December 31, 1991, develops and implements a civil justice expense and delay reduction plan under chapter 23 of title 28, United States Code, as added by subsection (a), shall be designated by the Judicial Conference of the United States as an Early Implementation District Court.
"(2) The chief judge of a district so designated may apply to the Judicial Conference for additional resources, including technological and personnel support and information systems, necessary to implement its civil justice expense and delay reduction plan. The Judicial Conference may provide such resources out of funds appropriated pursuant to section 106(a) [Pub. L. 101–650, title I, Dec. 1, 1990, 104 Stat. 5098].
"(3) Within 18 months after the date of the enactment of this title [Dec. 1, 1990], the Judicial Conference shall prepare a report on the plans developed and implemented by the Early Implementation District Courts.
"(4) The Director of the Administrative Office of the United States Courts shall transmit to the United States district courts and to the Committees on the Judiciary of the Senate and House of Representatives—
"(A) copies of the plans developed and implemented by the Early Implementation District Courts;
"(B) summaries of the reports submitted by such district courts pursuant to section 472(d) of title 28, United States Code, as added by subsection (a); and
"(C) the report prepared in accordance with paragraph (3) of this subsection."
Demonstration Program
Pub. L. 101–650, title I, §104, Dec. 1, 1990, 104 Stat. 5097, as amended by Pub. L. 104–33, §1, Oct. 3, 1995, 109 Stat. 292; Pub. L. 104–317, title VI, §608(a), Oct. 19, 1996, 110 Stat. 3860, provided that:
"(a) In General.—(1) During the 5-year period beginning on January 1, 1991, the Judicial Conference of the United States shall conduct a demonstration program in accordance with subsection (b).
"(2) A district court participating in the demonstration program may also be an Early Implementation District Court under section 103(c) [set out above].
"(b) Program Requirement.—(1) The United States District Court for the Western District of Michigan and the United States District Court for the Northern District of Ohio shall experiment with systems of differentiated case management that provide specifically for the assignment of cases to appropriate processing tracks that operate under distinct and explicit rules, procedures, and timeframes for the completion of discovery and for trial.
"(2) The United States District Court for the Northern District of California, the United States District Court for the Northern District of West Virginia, and the United States District Court for the Western District of Missouri shall experiment with various methods of reducing cost and delay in civil litigation, including alternative dispute resolution, that such district courts and the Judicial Conference of the United States shall select.
"(c) Study of Results.—The Judicial Conference of the United States, in consultation with the Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts, shall study the experience of the district courts under the demonstration program.
"(d) Report.—Not later than June 30, 1997, the Judicial Conference of the United States shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report of the results of the demonstration program."
Pilot Program
Pub. L. 101–650, title I, §105, Dec. 1, 1990, 104 Stat. 5097, as amended by Pub. L. 103–420, §4, Oct. 25, 1994, 108 Stat. 4345; Pub. L. 104–317, title VI, §608(b), Oct. 19, 1996, 110 Stat. 3860, provided that:
"(a) In General.—(1) During the 5-year period beginning on January 1, 1991, the Judicial Conference of the United States shall conduct a pilot program in accordance with subsection (b).
"(2) A district court participating in the pilot program shall be designated as an Early Implementation District Court under section 103(c) [set out above].
"(b) Program Requirements.—(1) Ten district courts (in this section referred to as 'Pilot Districts') designated by the Judicial Conference of the United States shall implement expense and delay reduction plans under chapter 23 of title 28, United States Code (as added by section 103(a)), not later than December 31, 1991. In addition to complying with all other applicable provisions of chapter 23 of title 28, United States Code (as added by section 103(a)), the expense and delay reduction plans implemented by the Pilot Districts shall include the 6 principles and guidelines of litigation management and cost and delay reduction identified in section 473(a) of title 28, United States Code.
"(2) At least 5 of the Pilot Districts designated by the Judicial Conference shall be judicial districts encompassing metropolitan areas.
"(3) The expense and delay reduction plans implemented by the Pilot Districts shall remain in effect for a period of 4 years. At the end of that 4-year period, the Pilot Districts shall no longer be required to include, in their expense and delay reduction plans, the 6 principles and guidelines of litigation management and cost and delay reduction described in paragraph (1).
"(c) Program Study Report.—(1) Not later than June 30, 1997, the Judicial Conference shall submit to the Committees on the Judiciary of the Senate and House of Representatives a report on the results of the pilot program under this section that includes an assessment of the extent to which costs and delays were reduced as a result of the program. The report shall compare those results to the impact on costs and delays in ten comparable judicial districts for which the application of section 473(a) of title 28, United States Code, had been discretionary. That comparison shall be based on a study conducted by an independent organization with expertise in the area of Federal court management.
"(2)(A) The Judicial Conference shall include in its report a recommendation as to whether some or all district courts should be required to include, in their expense and delay reduction plans, the 6 principles and guidelines of litigation management and cost and delay reduction identified in section 473(a) of title 28, United States Code.
"(B) If the Judicial Conference recommends in its report that some or all district courts be required to include such principles and guidelines in their expense and delay reduction plans, the Judicial Conference shall initiate proceedings for the prescription of rules implementing its recommendation, pursuant to chapter 131 of title 28, United States Code.
"(C) If in its report the Judicial Conference does not recommend an expansion of the pilot program under subparagraph (A), the Judicial Conference shall identify alternative, more effective cost and delay reduction programs that should be implemented in light of the findings of the Judicial Conference in its report, and the Judicial Conference may initiate proceedings for the prescription of rules implementing its recommendation, pursuant to chapter 131 of title 28, United States Code."
§472. Development and implementation of a civil justice expense and delay reduction plan
(a) The civil justice expense and delay reduction plan implemented by a district court shall be developed or selected, as the case may be, after consideration of the recommendations of an advisory group appointed in accordance with section 478 of this title.
(b) The advisory group of a United States district court shall submit to the court a report, which shall be made available to the public and which shall include—
(1) an assessment of the matters referred to in subsection (c)(1);
(2) the basis for its recommendation that the district court develop a plan or select a model plan;
(3) recommended measures, rules and programs; and
(4) an explanation of the manner in which the recommended plan complies with section 473 of this title.
(c)(1) In developing its recommendations, the advisory group of a district court shall promptly complete a thorough assessment of the state of the court's civil and criminal dockets. In performing the assessment for a district court, the advisory group shall—
(A) determine the condition of the civil and criminal dockets;
(B) identify trends in case filings and in the demands being placed on the court's resources;
(C) identify the principal causes of cost and delay in civil litigation, giving consideration to such potential causes as court procedures and the ways in which litigants and their attorneys approach and conduct litigation; and
(D) examine the extent to which costs and delays could be reduced by a better assessment of the impact of new legislation on the courts.
(2) In developing its recommendations, the advisory group of a district court shall take into account the particular needs and circumstances of the district court, litigants in such court, and the litigants' attorneys.
(3) The advisory group of a district court shall ensure that its recommended actions include significant contributions to be made by the court, the litigants, and the litigants' attorneys toward reducing cost and delay and thereby facilitating access to the courts.
(d) The chief judge of the district court shall transmit a copy of the plan implemented in accordance with subsection (a) and the report prepared in accordance with subsection (b) of this section to—
(1) the Director of the Administrative Office of the United States Courts;
(2) the judicial council of the circuit in which the district court is located; and
(3) the chief judge of each of the other United States district courts located in such circuit.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5090.)
§473. Content of civil justice expense and delay reduction plans
(a) In formulating the provisions of its civil justice expense and delay reduction plan, each United States district court, in consultation with an advisory group appointed under section 478 of this title, shall consider and may include the following principles and guidelines of litigation management and cost and delay reduction:
(1) systematic, differential treatment of civil cases that tailors the level of individualized and case specific management to such criteria as case complexity, the amount of time reasonably needed to prepare the case for trial, and the judicial and other resources required and available for the preparation and disposition of the case;
(2) early and ongoing control of the pretrial process through involvement of a judicial officer in—
(A) assessing and planning the progress of a case;
(B) setting early, firm trial dates, such that the trial is scheduled to occur within eighteen months after the filing of the complaint, unless a judicial officer certifies that—
(i) the demands of the case and its complexity make such a trial date incompatible with serving the ends of justice; or
(ii) the trial cannot reasonably be held within such time because of the complexity of the case or the number or complexity of pending criminal cases;
(C) controlling the extent of discovery and the time for completion of discovery, and ensuring compliance with appropriate requested discovery in a timely fashion; and
(D) setting, at the earliest practicable time, deadlines for filing motions and a time framework for their disposition;
(3) for all cases that the court or an individual judicial officer determines are complex and any other appropriate cases, careful and deliberate monitoring through a discovery-case management conference or a series of such conferences at which the presiding judicial officer—
(A) explores the parties' receptivity to, and the propriety of, settlement or proceeding with the litigation;
(B) identifies or formulates the principal issues in contention and, in appropriate cases, provides for the staged resolution or bifurcation of issues for trial consistent with Rule 42(b) of the Federal Rules of Civil Procedure;
(C) prepares a discovery schedule and plan consistent with any presumptive time limits that a district court may set for the completion of discovery and with any procedures a district court may develop to—
(i) identify and limit the volume of discovery available to avoid unnecessary or unduly burdensome or expensive discovery; and
(ii) phase discovery into two or more stages; and
(D) sets, at the earliest practicable time, deadlines for filing motions and a time framework for their disposition;
(4) encouragement of cost-effective discovery through voluntary exchange of information among litigants and their attorneys and through the use of cooperative discovery devices;
(5) conservation of judicial resources by prohibiting the consideration of discovery motions unless accompanied by a certification that the moving party has made a reasonable and good faith effort to reach agreement with opposing counsel on the matters set forth in the motion; and
(6) authorization to refer appropriate cases to alternative dispute resolution programs that—
(A) have been designated for use in a district court; or
(B) the court may make available, including mediation, minitrial, and summary jury trial.
(b) In formulating the provisions of its civil justice expense and delay reduction plan, each United States district court, in consultation with an advisory group appointed under section 478 of this title, shall consider and may include the following litigation management and cost and delay reduction techniques:
(1) a requirement that counsel for each party to a case jointly present a discovery-case management plan for the case at the initial pretrial conference, or explain the reasons for their failure to do so;
(2) a requirement that each party be represented at each pretrial conference by an attorney who has the authority to bind that party regarding all matters previously identified by the court for discussion at the conference and all reasonably related matters;
(3) a requirement that all requests for extensions of deadlines for completion of discovery or for postponement of the trial be signed by the attorney and the party making the request;
(4) a neutral evaluation program for the presentation of the legal and factual basis of a case to a neutral court representative selected by the court at a nonbinding conference conducted early in the litigation;
(5) a requirement that, upon notice by the court, representatives of the parties with authority to bind them in settlement discussions be present or available by telephone during any settlement conference; and
(6) such other features as the district court considers appropriate after considering the recommendations of the advisory group referred to in section 472(a) of this title.
(c) Nothing in a civil justice expense and delay reduction plan relating to the settlement authority provisions of this section shall alter or conflict with the authority of the Attorney General to conduct litigation on behalf of the United States, or any delegation of the Attorney General.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5091.)
Editorial Notes
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (a)(3)(B), are set out in the Appendix to this title.
§474. Review of district court action
(a)(1) The chief judge of each district court in a circuit and the chief judge of the circuit shall, as a committee—
(A) review each plan and report submitted pursuant to section 472(d) of this title; and
(B) make such suggestions for additional actions or modified actions of that district court as the committee considers appropriate for reducing cost and delay in civil litigation in the district court.
(2) The chief judge of a circuit may designate another judge of the court of appeals of that circuit, and the chief judge of a district court may designate another judge of such court, to perform that chief judge's responsibilities under paragraph (1) of this subsection.
(b) The Judicial Conference of the United States—
(1) shall review each plan and report submitted by a district court pursuant to section 472(d) of this title; and
(2) may request the district court to take additional action if the Judicial Conference determines that such court has not adequately responded to the conditions relevant to the civil and criminal dockets of the court or to the recommendations of the district court's advisory group.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5093; amended Pub. L. 102–198, §2(2), Dec. 9, 1991, 105 Stat. 1623.)
Editorial Notes
Amendments
1991—Subsec. (a)(1). Pub. L. 102–198, §2(2)(A), substituted "chief judge" for "chief judges" and struck out "court of appeals for such" after "judge of the" in introductory provisions.
Subsec. (a)(2). Pub. L. 102–198, §2(2)(B), substituted "circuit may designate another judge of the court of appeals of that circuit," for "court of appeals" and "court, to perform that" for "court to perform the".
§475. Periodic district court assessment
After developing or selecting a civil justice expense and delay reduction plan, each United States district court shall assess annually the condition of the court's civil and criminal dockets with a view to determining appropriate additional actions that may be taken by the court to reduce cost and delay in civil litigation and to improve the litigation management practices of the court. In performing such assessment, the court shall consult with an advisory group appointed in accordance with section 478 of this title.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5093.)
§476. Enhancement of judicial information dissemination
(a) The Director of the Administrative Office of the United States Courts shall prepare a semiannual report, available to the public, that discloses for each judicial officer—
(1) the number of motions that have been pending for more than six months and the name of each case in which such motion has been pending;
(2) the number of bench trials that have been submitted for more than six months and the name of each case in which such trials are under submission; and
(3) the number and names of cases that have not been terminated within three years after filing.
(b) To ensure uniformity of reporting, the standards for categorization or characterization of judicial actions to be prescribed in accordance with section 481 of this title shall apply to the semiannual report prepared under subsection (a).
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5093.)
§477. Model civil justice expense and delay reduction plan
(a)(1) Based on the plans developed and implemented by the United States district courts designated as Early Implementation District Courts pursuant to section 103(c) of the Civil Justice Reform Act of 1990, the Judicial Conference of the United States may develop one or more model civil justice expense and delay reduction plans. Any such model plan shall be accompanied by a report explaining the manner in which the plan complies with section 473 of this title.
(2) The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations to the Judicial Conference regarding the development of any model civil justice expense and delay reduction plan.
(b) The Director of the Administrative Office of the United States Courts shall transmit to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any model plan and accompanying report.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5094.)
Editorial Notes
References in Text
Section 103(c) of the Civil Justice Reform Act of 1990 [Pub. L. 101–650], referred to in subsec. (a)(1), is set out as a note under section 471 of this title.
§478. Advisory groups
(a) Within ninety days after the date of the enactment of this chapter, the advisory group required in each United States district court in accordance with section 472 of this title shall be appointed by the chief judge of each district court, after consultation with the other judges of such court.
(b) The advisory group of a district court shall be balanced and include attorneys and other persons who are representative of major categories of litigants in such court, as determined by the chief judge of such court.
(c) Subject to subsection (d), in no event shall any member of the advisory group serve longer than four years.
(d) Notwithstanding subsection (c), the United States Attorney for a judicial district, or his or her designee, shall be a permanent member of the advisory group for that district court.
(e) The chief judge of a United States district court may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Judicial Conference of the United States.
(f) The members of an advisory group of a United States district court and any person designated as a reporter for such group shall be considered as independent contractors of such court when in the performance of official duties of the advisory group and may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before such court.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5094.)
Editorial Notes
References in Text
The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990.
§479. Information on litigation management and cost and delay reduction
(a) Within four years after the date of the enactment of this chapter, the Judicial Conference of the United States shall prepare a comprehensive report on all plans received pursuant to section 472(d) of this title. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding such report to the Judicial Conference during the preparation of the report. The Judicial Conference shall transmit copies of the report to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives.
(b) The Judicial Conference of the United States shall, on a continuing basis—
(1) study ways to improve litigation management and dispute resolution services in the district courts; and
(2) make recommendations to the district courts on ways to improve such services.
(c)(1) The Judicial Conference of the United States shall prepare, periodically revise, and transmit to the United States district courts a Manual for Litigation Management and Cost and Delay Reduction. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding the preparation of and any subsequent revisions to the Manual.
(2) The Manual shall be developed after careful evaluation of the plans implemented under section 472 of this title, the demonstration program conducted under section 104 of the Civil Justice Reform Act of 1990, and the pilot program conducted under section 105 of the Civil Justice Reform Act of 1990.
(3) The Manual shall contain a description and analysis of the litigation management, cost and delay reduction principles and techniques, and alternative dispute resolution programs considered most effective by the Judicial Conference, the Director of the Federal Judicial Center, and the Director of the Administrative Office of the United States Courts.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5095.)
Editorial Notes
References in Text
The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990.
Sections 104 and 105 of the Civil Justice Reform Act of 1990 [Pub. L. 101–650], referred to in subsec. (c)(2), are set out as notes under section 471 of this title.
§480. Training programs
The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts shall develop and conduct comprehensive education and training programs to ensure that all judicial officers, clerks of court, courtroom deputies, and other appropriate court personnel are thoroughly familiar with the most recent available information and analyses about litigation management and other techniques for reducing cost and expediting the resolution of civil litigation. The curriculum of such training programs shall be periodically revised to reflect such information and analyses.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5095.)
§481. Automated case information
(a) The Director of the Administrative Office of the United States Courts shall ensure that each United States district court has the automated capability readily to retrieve information about the status of each case in such court.
(b)(1) In carrying out subsection (a), the Director shall prescribe—
(A) the information to be recorded in district court automated systems; and
(B) standards for uniform categorization or characterization of judicial actions for the purpose of recording information on judicial actions in the district court automated systems.
(2) The uniform standards prescribed under paragraph (1)(B) of this subsection shall include a definition of what constitutes a dismissal of a case and standards for measuring the period for which a motion has been pending.
(c) Each United States district court shall record information as prescribed pursuant to subsection (b) of this section.
(Added Pub. L. 101–650, title I, §103(a), Dec. 1, 1990, 104 Stat. 5095.)
§482. Definitions
As used in this chapter, the term "judicial officer" means a United States district court judge or a United States magistrate judge.
(Added Pub. L. 101–650, title I, §103(a), title III, §321, Dec. 1, 1990, 104 Stat. 5096, 5117.)
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judge" substituted for "United States magistrate" in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.