§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 | 12 |
| First | 6 |
| Second | 13 |
| Third | 14 |
| Fourth | 15 |
| Fifth | 17 |
| Sixth | 16 |
| Seventh | 11 |
| Eighth | 11 |
| Ninth | 28 |
| 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,
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,
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,
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
Section 225 of the Federal Salary Act of 1967, referred to in subsec. (d), is section 225 of
Amendments
1997-Subsec. (c).
1991-Subsec. (c).
1990-Subsec. (a).
| Circuits | Former | New |
|---|---|---|
| Third | 12 | 14 |
| Fourth | 11 | 15 |
| Fifth | 16 | 17 |
| Sixth | 15 | 16 |
| Eighth | 10 | 11 |
| Tenth | 10 | 12 |
1984-Subsec. (a).
| 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).
Subsec. (c).
1980-Subsec. (a).
1978-Subsec. (a).
| 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).
1968-Subsec. (a).
1966-Subsec. (a).
1964-Subsec. (d).
1961-Subsec. (a).
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.
Effective Date of 1990 Amendment
Section 206 of title II of
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1964 Amendment
Amendment by
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 31 of Title 2, The Congress.
Nomination to Federal Judgeship on Nondiscriminatory Basis
Section 211 of
Continued Service of Judges
Section 165 of
Congressional Statement Regarding Appointment of Judges
Section 168 of
"(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
2000-Salaries of circuit judges increased to $149,900 per annum, effective on first day of first pay period beginning on or after Jan. 1, 2000, by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under section 5332 of Title 5, Government Organization and Employees.
1999-Salaries of circuit judges continued at $145,000 per annum, by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under section 5332 of Title 5.
1998-Salaries of circuit judges increased to $145,000 per annum, effective on first day of first pay period beginning on or after Jan. 1, 1998, by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out as a note under section 5332 of Title 5.
1997-Salaries of circuit judges continued at $141,700 per annum, by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under section 5332 of Title 5.
1996-Salaries of circuit judges continued at $141,700 per annum, by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a note under section 5332 of Title 5.
1995-Salaries of circuit judges continued at $141,700 per annum, by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under section 5332 of Title 5.
1993-Salaries of circuit judges increased to $141,700 per annum, effective on first day of first pay period beginning on or after Jan. 1, 1993, by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out as a note under section 5332 of Title 5.
1992-Salaries of circuit judges increased to $137,300 per annum, effective on first day of first pay period beginning on or after Jan. 1, 1992, by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as a note under section 5332 of Title 5.
1991-Salaries of circuit judges increased to $132,700 per annum, effective on first day of first pay period beginning on or after Jan. 1, 1991, by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as a note under section 5332 of Title 5.
1990-Salaries of circuit judges continued at $95,000 per annum, and increased to $102,500, effective on first day of first pay period beginning on or after Jan. 31, 1990, by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note under section 5332 of Title 5.
1989-Salaries of circuit judges increased in the amount of 25 percent of their rates (as last in effect before the increase), effective Jan. 1, 1991, see
Salaries of circuit judges continued at $95,000 per annum by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under section 5332 of Title 5.
1988-Salaries of circuit judges continued at $95,000 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 circuit judges increased to $95,000 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 circuit judges increased to $85,700 effective on first day of first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No. 12578, Dec. 31, 1986, 55 F.R. 505, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.
1985-Salaries of circuit judges increased to $83,200 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 circuit judges increased to $80,400 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 circuit judges increased to $77,300 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 140 of
Maximum rate payable after Dec. 17, 1982, increased from $74,300 to $77,300, see
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
1981-Salaries of circuit 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
1980-Salaries of circuit 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
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
1979-Salaries of circuit judges increased to $65,000 effective on first day of first applicable 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
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978-Salaries of circuit 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 [
1977-Salaries of circuit 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 circuit judges increased to $46,800 effective on first day of first pay period beginning on or after Oct. 1, 1976, by 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 Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds rate in effect on Sept. 30, 1976, which was $44,600.
1975-Salaries of circuit judges increased to $44,600 effective on first day of first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out as a note under section 5332 of Title 5.
1969-Salary of circuit judge increased from $33,000 to $42,500 per annum, commencing Feb. 14, 1969, on recommendation of President of United States, see note set out under section 358 of Title 2, The Congress.
1946-Salaries of circuit judges increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704, §1,
1926-Salaries of circuit judges increased from $8,500 to $12,500 a year by act Dec. 13, 1926, ch. 6, §1,
1919-Salaries of circuit judges increased from $7,000 to $8,500 a year by act Feb. 25, 1919, ch. 29, §1,
1911-Salaries of circuit court judges set at $7,000 a year by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, §1,
Additional Judges
Since 1925, the appointment of additional judges was authorized by the following acts:
Second circuit. Act May 31, 1938, ch. 290, §1,
Third circuit. Act Aug. 3, 1949, ch. 387, §1,
Fifth circuit. Act Dec. 14, 1942, ch. 731,
Sixth circuit. Act May 24, 1940, ch. 209, §1,
Seventh circuit. Act Aug. 3, 1949, ch. 387, §1,
Eighth circuit. Act May 24, 1940, ch. 209, §1,
Ninth circuit. Act Apr. 14, 1937, ch. 80,
Tenth circuit. Act Aug. 3, 1949, ch. 387, §1,
District of Columbia Court of Appeals. Act Aug. 3, 1949, ch. 387, §1,
Act Feb. 28, 1929, ch. 363, §2,
Another part of section 1 of act Feb. 10, 1954, 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.
Section 1(a) of
Section 1(a) of
Section 1(c) of
Section 1 of
Section 3(a) of
Section 201(a) of
"(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."
Section 202(a) of
"(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 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,
Cross References
Assignment of circuit judges to other circuits or courts, see section 291 et seq. of this title.
Compensation not to be diminished during continuance in office, see Const., Art. 3, §1.
Judges to hold office during good behavior, see Const., Art. 3, §1.
Oath of judge, see section 453 of this title.
Official station of circuit judges, see section 456 of this title.
Retirement of judges, see section 371 et seq. of this title.
Section Referred to in Other Sections
This section is referred to in section 992 of this title.