PART I—ORGANIZATION OF COURTS
Amendments
1992—
1990—
1984—
1982—
1980—
1978—
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which established Committee on Selection of Federal Judicial Officers and provided for its membership, functions, etc., was revoked, and Committee terminated, by Ex.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, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
1 Chapter heading amended by
CHAPTER 1 —SUPREME COURT
Rules of the Supreme Court
See Appendix to this title.
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §321 (Mar. 3, 1911, ch. 231, §215,
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.
Short Title of 2000 Amendment
Short Title of 1998 Amendment
Short Title of 1996 Amendment
Short Title of 1994 Amendments
Short Title of 1992 Amendments
Short Title of 1990 Amendments
Short Title of 1988 Amendments
Short Title of 1987 Amendment
Short Title of 1986 Amendments
Short Title of 1984 Amendments
For short title of
Short Title of 1983 Amendment
Short Title of 1982 Amendments
For short title of sections 2 to 6 of
Short Title of 1980 Amendments
Short Title of 1979 Amendment
For short title of
Short Title of 1978 Amendments
For short title of
Short Title of 1976 Amendments
Short Title of 1970 Amendment
Short Title of 1966 Amendment
Short Title of 1964 Amendment
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §338 (Mar. 3, 1911, ch. 231, §230,
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §323 (Mar. 3, 1911, ch. 231, §217,
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
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §322 (Mar. 3, 1911, ch. 231, §216,
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 (
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §324 (Mar. 3, 1911, ch. 231, §218,
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.
References in Text
Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of
Amendments
1975—
1964—
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.
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
Salary Increases
2001—Salaries of Chief Justice and Associate Justices increased to $186,300 and $178,300 per annum, respectively, effective on first day of first pay period beginning on or after Jan. 1, 2001, by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057, set out as a note under
2000—Salaries of Chief Justice and Associate Justices increased to $181,400 and $173,600 per annum, respectively, 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, formerly set out as a note under
1999—Salaries of Chief Justice and Associate Justices continued at $175,400 and $167,900 per annum, respectively, by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under
1998—Salaries of Chief Justice and Associate Justices increased to $175,400 and $167,900 per annum, respectively, 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
1997—Salaries of Chief Justice and Associate Justices continued at $171,500 and $164,100 per annum, respectively, by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under
1996—Salaries of Chief Justice and Associate Justices continued at $171,500 and $164,100 per annum, respectively, by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a note under
1995—Salaries of Chief Justice and Associate Justices continued at $171,500 and $164,100 per annum, respectively, by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under
1993—Salaries of Chief Justice and Associate Justices increased to $171,500 and $164,100 per annum, respectively, 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
1992—Salaries of Chief Justice and Associate Justices increased to $166,200 and $159,000 per annum, respectively, 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
1991—Salaries of Chief Justice and Associate Justices increased to $160,600 and $153,600 per annum, respectively, 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
1990—Salaries of Chief Justice and Associate Justices continued respectively at $115,000 and $110,000 per annum, and increased to $124,000 and $118,600, respectively, 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
1989—Salaries of Chief Justice and Associate Justices increased in the amount of 25 percent of their respective rates (as last in effect before the increase), effective Jan. 1, 1991, see
Salaries of Chief Justice and Associate Justices continued respectively at $115,000 and $110,000 per annum by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under
1988—Salaries of Chief Justice and Associate Justices continued respectively at $115,000 and $110,000 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under
1987—Salaries of Chief Justice and Associate Justices increased respectively to $115,000 and $110,000 per annum, on recommendation of the President of the United States, see note set out under
Salaries of Chief Justice and Associate Justices increased to $111,700 and $107,200, respectively, 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
1985—Salaries of Chief Justice and Associate Justices increased to $108,400 and $104,100, respectively, 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
1984—Salaries of Chief Justice and Associate Justices increased to $104,700 and $100,600, 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
1982—Salaries of Chief Justice and Associate Justices increased to $100,700 and $96,700, 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
Maximum rates payable after Dec. 17, 1982, increased from $96,800 and $93,000 to $100,700 and $96,700, respectively, 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 Chief Justice and Associate Justices increased to $96,800 and $93,000, 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
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 Chief Justice and Associate Justices increased to $92,400 and $88,700, 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
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 Chief Justice and Associate Justices increased to $84,700 and $81,300, respectively, 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
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of Chief Justice and Associate Justices increased to $79,100 and $76,000, respectively, 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
1977—Salaries of Chief Justice and Associate Justices increased respectively to $75,000 and $72,000 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of Chief Justice and Associate Justices increased to $68,800 and $66,000, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1976, by Ex. Order No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note under
1975—Salaries of Chief Justice and Associate Justices increased to $65,600 and $63,000, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1975, by Ex. Order No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out as a note under
1969—Salaries of Chief Justice and Associate Justices increased respectively from $40,000 and $39,500 to $62,500 and $60,000 per annum, commencing Feb. 14, 1969, on recommendation of the President of the United States, see note set out under
1946—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,
1926—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,
1911—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,
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §329 (Mar. 3, 1911, ch. 231, §222,
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.
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
Amendments
1983—
1978—
§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,
Historical and Revision Notes
Based on title 28, U.S.C. 1940 ed., §211, and
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,
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
Many other acts of Congress have recognized the District of Columbia as a separate circuit. (See the following acts; Aug. 24, 1937, ch. 754,
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,
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
Some of the provisions of
Amendments
1982—
1980—
1951—Act Oct. 31, 1951, inserted reference to Guam in that part relating to composition of Ninth judicial circuit.
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 12 of
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
Commission on Structural Alternatives for the Federal Courts of Appeals
Assignment of Judges and Procedure for Administration of Pending Cases With Regard to Reorganization of the Fifth Circuit Court of Appeals
Sections 5 to 10 of
"(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.
"(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.
"(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
"(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.
"(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
Section 11 of
Appeals Court Administrative Units
Northern Mariana Islands
Commission on Revision of the Federal Appellate System
Continuation of Organization of Court
Section 2(b) of act June 25, 1948, ch. 646,
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §215 (Mar. 3, 1911, ch. 231, §119,
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
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §212 (Mar. 3, 1911, ch. 231, §117,
The provision in
Words "with appellate jurisdiction, as hereinafter limited and established" were omitted as covered by
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
Amendments
1963—Subsec. (b).
Change of Name of Court
Section 2(b) of act June 25, 1948, 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 | 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 (
(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
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
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
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
Last sentence, providing that nothing in
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
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
2001—Salaries of circuit judges increased to $153,900 per annum, effective on first day of first pay period beginning on or after Jan. 1, 2001, by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057, set out as a note under
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, formerly set out as a note under
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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, 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, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be capitalized.
§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,
Historical and Revision Notes
Based on
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
Other provisions of
Subsection (c) is new.
Subsection (d) is based on
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.
Amendments
1982—Subsec. (a).
Subsec. (b).
Subsec. (c).
1958—Subsec. (a).
1951—Subsec. (a). Act Oct. 31, 1951, inserted "in active service who is".
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1958 Amendment
Section 3 of
Savings Provision
Section 203 of part A of title II of
"(a) The amendments to
"(b) The provisions of
Appointment of Chief Judge of Court of Appeals for the Federal Circuit
Section 166 of
Chief Judge of Court of Appeals for District of Columbia
Section 2(a) of act June 25, 1948, 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.
Section Referred to in Other Sections
This section is referred to in
§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
(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,
Historical and Revision Notes
Based in part on title 28, U.S.C., 1940 ed., §212 (Mar. 3, 1911, ch. 231, §117,
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
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 (
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.
References in Text
Section 6 of
Amendments
1996—Subsec. (c).
1982—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1978—
Subsec. (c).
1963—Subsec. (c).
Effective Date of 1982 Amendment
Amendment by
§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,
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,
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
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
The provision of
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
Provision of said section 216 relating to presiding judge was omitted as covered by
§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.
(June 25, 1948, ch. 646,
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,
This section consolidates
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.
Amendments
1992—Subsec. (c).
1982—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1980—
1951—Act Oct. 31, 1951, inserted last par.
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Survey of Judicial Business in Alaska
Section 23(a) of
§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
(Added
References in Text
The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978.
Amendments
1987—Subsec. (a).
Subsec. (f).
1986—Subsec. (f).
1983—
Subsec. (a).
Subsec. (f).
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section effective Oct. 26, 1978, see section 604 of
Section Referred to in Other Sections
This section is referred to in
CHAPTER 5 —DISTRICT COURTS
Historical and Revision Notes
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
Amendments
1982—
1963—
1958—
Short Title of 1978 Amendment
For short title of
Chapter Referred to in Other Sections
This chapter is referred to in
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed. §142 (Mar. 3, 1911, ch. 231, §70,
Provisions relating to the places for the maintenance of the clerks' offices were omitted as covered by
Provisions that the offices of the court shall be kept open at all times were omitted as covered by
A provision requiring the district judge for the northern district to reside at Birmingham was omitted as incongruous with
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.
Amendments
1961—Subsec. (a)(2).
§81A. Alaska
Alaska constitutes one judicial district.
Court shall be held at Anchorage, Fairbanks, Juneau, Ketchikan, and Nome.
(Added
Amendments
1959—
Effective Date of 1959 Amendment
Section 12 of
Continuation of Suits
Section 13 of
"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
Section 14 of
Transfer of Cases
Section 15 of
Succession of Courts
Section 16 of
Pending Cases
Section 17 of
Termination of Jurisdiction of District Court for the Territory of Alaska
Section 18 of
Schedule of Fees, Mileage, or Other Compensation
Section 23(c) of
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,
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 Globe, Phoenix, Prescott, and Tucson.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §143 (June 20, 1910, ch. 310, §31,
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
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
Changes in arrangement and phraseology were made.
§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 five divisions.
(1) The Eastern Division comprises the counties of Cross, Lee, Monroe, Phillips, Saint Francis, and Woodruff.
Court for the Eastern Division shall be held at Helena.
(2) The Western Division comprises the counties of Conway, Faulkner, Lonoke, Perry, Pope, Prairie, Pulaski, Saline, Van Buren, White and Yell.
Court for the Western Division shall be held at Little Rock.
(3) The Pine Bluff Division comprises the counties of Arkansas, Chicot, Cleveland, Dallas, Desha, Drew, Grant, Jefferson, and Lincoln.
Court for the Pine Bluff Division shall be held at Pine Bluff.
(4) The Northern Division comprises the counties of Cleburne, Fulton, Independence, Izard, Jackson, Sharp, and Stone.
Court for the Northern Division shall be held at Batesville.
(5) The Jonesboro Division comprises the counties of Clay, Craighead, Crittenden, Greene, Lawrence, Mississippi, Poinsett, and Randolph.
Court for the Jonesboro 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.
(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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §144 (Mar. 3, 1911, ch. 231, §71,
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
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
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
Changes in arrangement and phraseology were made.
Amendments
1961—Subsec. (a).
§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 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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §145 and
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
Changes in arrangement and phraseology were made.
Amendments
1992—Subsec. (c).
"Court for the Central District shall be held at Los Angeles and Santa Ana."
1980—Subsec. (c).
1966—
Effective Date of 1992 Amendment
Section 3 of
"(a)
"(b)
"(c)
Effective Date of 1980 Amendment; Savings Provision
Section 7 of
"(a) This Act and the amendments made by this Act [amending this section and
"(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
Section 3(i) of
Congressional Findings Concerning Creation of Three Divisions in Central District
Section 1 of
"(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
Creation of Eastern and Central Districts: Transfer of District Judges; Transfer and Appointment of United States Attorneys and United States Marshals
Section 3(b)–(g) of
"(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
"(e) Nothing in this Act [amending this section and
"(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, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §146 (Mar. 3, 1911, ch. 231, §73,
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
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.
Amendments
1984—
Effective Date of 1984 Amendment
Section 411 of
"(a) The amendments made by this subtitle [subtitle B (§§404–411) of title IV of
"(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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §147 (Mar. 3, 1911, ch. 231, §74,
Changes in arrangement and phraseology were made.
Amendments
1966—
1961—
§87. Delaware
Delaware constitutes one judicial district.
Court shall be held at Wilmington.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §148 (Mar. 3, 1911, ch. 231, §75,
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,
Historical and Revision Notes
This section expressly makes the District of Columbia a judicial district 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,
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §149 (Mar. 3, 1911, ch. 231, §76,
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
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
Changes in arrangement and phraseology were made.
Amendments
1988—Subsec. (b).
Subsec. (c).
1978—Subsec. (a).
Subsec. (b).
1970—Subsec. (c).
1962—
1961—Subsec. (a).
1952—Subsec. (b). Act July 17, 1952, provided for holding court at Fort Myers and West Palm Beach.
Effective Date of 1988 Amendment
Section 1021(b), (c) of title X of
"(b)
"(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)
Effective Date of 1978 Amendment; Savings Provision
Section 5 of
"(a) The amendments made by this Act [amending this section and
"(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
Section 5 of
District Judges, United States Attorneys, and United States Marshals Designations; Tenure; Appointments
Section 2 of
"(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
"(d) Nothing in this Act [amending this section and
"(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
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §150 (Mar. 3, 1911, ch. 231, §77,
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
Since the latest amendment of
Changes in arrangement and phraseology were made.
Amendments
1986—Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (c)(6).
1984—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c)(6).
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.
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 408(d) of
Amendment by
§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,
Historical and Revision Notes
Based on
Section consolidates parts of
The provisions of
Provisions of
Provisions of
Other provisions of
Changes were made in phraseology.
Amendments
1960—
1959—
1949—Act May 24, 1949, inserted provisions relating to inclusion of Canton and Enderbury Islands.
Effective Date of 1959 Amendment
Section 14 of
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.
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
Court of the United States; District Judges
Section 9(a) of
Section 9 of
Continuation of Suits
Section 12 of
"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
Section 13 of
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
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §151 (Mar. 3, 1911, ch. 231, §78,
All of Yellowstone National Park is included in the judicial district of Wyoming by
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
Changes in arrangement and phraseology were made.
Amendments
1970—
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §152 (Mar. 3, 1911, ch. 231, §79,
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.
Amendments
1999—Subsec. (a)(1).
1984—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
1978—
Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
1970—Subsec. (a)(2).
1961—Subsec. (b)(2).
1950—Subsec. (b)(1). Act Aug. 10, 1950, provided for holding court at Rock Island.
Effective Date of 1984 Amendment
Section 406(b) of
Amendment by
Effective Date of 1978 Amendment
Section 6 of
"(a) Except as provided in subsection (b) of this section, the provisions of this Act [amending this section and
"(b)(1) The provisions of section 5 of this Act [set out as a note under
"(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
Effective Date of 1978 Amendment; Savings Provision
Amendment by
District Judges, United States Attorneys, Assistant United States Attorneys, and United States Marshals for Central and Southern Districts; Designation; Tenure; Appointment; Grand Jury
"(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
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §153 (Mar. 3, 1911, ch. 231, §80,
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
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
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.
Amendments
1970—Subsec. (b)(1).
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§156 and 156a (Mar. 3, 1911, ch. 231, §81,
A provision relating to the maintenance of clerk's office was omitted as covered by
Changes in arrangement and phraseology were made.
Amendments
1980—Subsec. (b)(3).
Subsec. (b)(4).
Effective Date of 1980 Amendment; Savings Provision
Amendment by
Section 3(b) of
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §157 (Mar. 3, 1911, ch. 231, §82,
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
The provision respecting court accommodations at Hutchinson was omitted as covered by
Changes in arrangement and phraseology were made.
Amendments
1986—
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.
Effective Date of 1986 Amendment
Amendment by
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §158 (Mar. 3, 1911, ch. 231, §83,
Last paragraph of
Provisions relating to maintenance of clerk's offices were omitted as covered by
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.
Amendments
1978—Subsec. (a).
Effective Date of 1978 Amendment; Savings Provision
Amendment by
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §159 (Mar. 3, 1911, ch. 231, §84,
Provisions relating to the maintenance of offices by the clerks were omitted as covered by
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.
Amendments
1984—Subsec. (a).
1978—Subsec. (c).
1971—
1961—
Effective Date of 1978 Amendment; Savings Provision
Amendment by
Effective Date of 1971 Amendment
Section 3(f) of
District Judge, United States Attorney, and United States Marshal for Middle District; Designation; Tenure; Appointment
Section 3(b), (c) of
"(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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §160 (Mar. 3, 1911, ch. 231, §85,
Changes in arrangement and phraseology were made.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §166 (Mar. 3, 1911, ch. 231, §86,
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
Changes in arrangement and phraseology were made.
Amendments
1988—
1970—
Effective Date of 1988 Amendment
Section 2 of
"(a)
"(b)
"(c)
§101. Massachusetts
Massachusetts constitutes one judicial district.
Court shall be held at Boston, New Bedford, Springfield, and Worcester.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §167 (Mar. 3, 1911, ch. 231, §87,
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
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
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 of 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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §168 (Mar. 3, 1911, ch. 231, §88,
Provisions of
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
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
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.
Amendments
1970—Subsec. (b)(1).
1964—Subsec. (a).
1961—Subsec. (b)(1).
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.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §169 (Mar. 3, 1911, ch. 231, §89,
Provisions relating to the appointment and residence of deputy clerks and the maintenance of offices by them were omitted as covered by
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.
§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 four divisions.
(1) Eastern division comprises the counties of Alcorn, Attala, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, and Winston.
Court for the eastern division shall be held at Aberdeen, Ackerman, and Corinth.
(2) The western division comprises the counties of Benton, Calhoun, Grenada, Lafayette, Marshall, Montgomery, Pontotoc, Tippah, Union, Webster, and Yalobusha.
Court for the Western division shall be held at Oxford.
(3) The Delta division comprises the counties of Bolivar, Coahoma, De Soto, Panola, Quitman, Tallahatchie, Tate, and Tunica.
Court for the Delta division shall be held at Clarksdale.
(4) The Greenville division comprises the counties of Carroll, Humphreys, Leflore, Sunflower, and Washington.
Court for the Greenville division shall be held at Greenville.
Southern District
(b) The southern district comprises five divisions.
(1) The Jackson division comprises the counties of Amite, Copiah, Franklin, Hinds, Holmes, Leake, Lincoln, Madison, Pike, Rankin, Scott, Simpson, and Smith.
Court for the Jackson division shall be held at Jackson.
(2) The eastern division comprises the counties of Clarke, Jasper, Kemper, Lauderdale, Neshoba, Newton, Noxubee, and Wayne.
Court for the eastern division shall be held at Meridian.
(3) The western division comprises the counties of Adams, Claiborne, Issaquena, Jefferson, Sharkey, Warren, Wilkinson, and Yazoo.
Court for the western division shall be held at Natchez and Vicksburg.
(4) The southern division comprises the counties of George, Hancock, Harrison, Jackson, Pearl River, and Stone.
Court for the southern division shall be held at Biloxi and Gulfport.
(5) The Hattiesburg division comprises the counties of Covington, Forrest, Greene, Jefferson Davis, Jones, Lamar, Lawrence, Marion, Perry, and Walthall.
Court for the Hattiesburg division shall be held at Hattiesburg.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §170 (Mar. 3, 1911, ch. 231, §90,
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.
Amendments
1999—Subsec. (b)(3).
1978—Subsec. (a)(1).
1970—Subsec. (b)(3).
Subsec. (b)(4).
1967—Subsec. (a)(1).
1950—Act Aug. 7, 1950, created Greenville division in the northern district with terms of courts to be held at Greenville.
Effective Date of 1978 Amendment; Savings Provision
Amendment by
§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, Iron, Jefferson, Lincoln, Maries, Phelps, Saint Charles, Saint Francois, Saint Genevieve, 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, Madison, Mississippi, New Madrid, Pemiscot, Perry, Reynolds, Ripley, 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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §171 (Mar. 3, 1911, ch. 231, §91,
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.
Amendments
1980—Subsec. (a)(1).
Subsec. (a)(2).
1962—Subsec. (b).
Effective Date of 1980 Amendment; Savings Provision
Amendment by
Section 4(b) of
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §172 (Mar. 3, 1911, ch. 231, §92,
All of Yellowstone National Park is included in the judicial district of Wyoming by
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
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
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §173 (Mar. 3, 1911, ch. 231, §93,
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
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.
Amendments
1955—Act Aug. 9, 1955, struck out the separate divisions of the district and reduced the number of places of holding terms.
Effective Date of 1955 Amendment
Section 2 of act Aug. 9, 1955, 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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §174 (Mar. 3, 1911, ch. 231, §94,
Changes in arrangement and phraseology were made.
Amendments
1990—
§109. New Hampshire
New Hampshire constitutes one judicial district.
Court shall be held at Concord and Littleton.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §175 (Mar. 3, 1911, ch. 231, §95,
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §176 (Mar. 3, 1911, ch. 231, §96,
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §177 (June 20, 1910, ch. 310, §13,
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
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
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
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, Syracuse, Utica, and Watertown.
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§178 and 178a (Mar. 3, 1911, ch. 231, §97,
A reference in
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
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
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
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.
Amendments
1999—Subsec. (c).
1996—Subsec. (b).
1990—Subsec. (a).
1984—Subsec. (c).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
1970—Subsec. (c).
1967—Subsec. (c).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment; Savings Provision
Amendment by
Pretermission of Regular Session of Court at Hempstead and Holding of Special Session at Westbury; Procedures Applicable, Appropriations, Etc.
Sections 2 to 5 of
§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, and Wilson 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) 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.
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §179 (Mar. 3, 1911, ch. 231, §98,
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
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
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
Changes in arrangement and phraseology were made.
Amendments
1992—Subsec. (a).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
1965—
Effective Date of 1980 Amendment; Savings Provisions
Amendment by
Section 5(d) of
§114. North Dakota
North Dakota constitutes one judicial district comprising four divisions.
(1) The Southwestern Division comprises the counties of Adams, Billings, Bowman, Burleigh, Dunn, Emmons, Golden Valley, Grant, Hettinger, Kidder, Logan, McIntosh, McLean, Mercer, Morton, Oliver, Sioux, Slope, and Stark.
Court for the Southwestern Division shall be held at Bismarck.
(2) The Southeastern Division comprises the counties of Barnes, Cass, Dickey, Eddy, Foster, Griggs, La Moure, Ransom, Richland, Sargent, Steele, and Stutsman.
Court for the Southeastern Division shall be held at Fargo.
(3) The Northeastern Division comprises the counties of Benson, Cavalier, Grand Forks, Nelson, Pembina, Ramsey, Rolette, Towner, Traill, and Walsh.
Court for the Northeastern Division shall be held at Grand Forks.
(4) The Northwestern Division comprises the counties of Bottineau, Burke, Divide, McHenry, McKenzie, Mountrail, Pierce, Renville, Sheridan, Ward, Wells, and Williams.
Court for the Northwestern Division shall be held at Minot.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §180 (Mar. 3, 1911, ch. 231, §99,
A provision relating to maintenance of offices by the clerk was omitted as covered by
The provision that Indian reservations shall constitute parts of the divisions within which they are situated was omitted as surplusage. Similar provisions, relating to reservations in South Dakota and Washington, respectively, appeared in sections 187 and 193 of said title 28, on which
Jamestown and Devils Lake were omitted as places of holding court. The Director of the Administrative Office of the United States Courts, the district judge, and the senior circuit judge advise that court has not been held in these places for many years.
Changes in arrangement and phraseology were made.
Amendments
1978—Par. (2).
Par. (3).
Par. (4).
Effective Date of 1978 Amendment; Savings Provision
Amendment by
§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 and Steubenville.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §181 (Mar. 3, 1911, ch. 231, §100,
Other provisions of said
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
The provision respecting court accommodations at Lima was omitted as covered by
Changes were made in arrangement and phraseology.
Amendments
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§182, 182a (Mar. 3, 1911, ch. 231, §101,
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
A provision for adjournment of any term by an order made in chambers, is incorporated in
Provisions relating to maintenance of offices by the clerks were omitted as covered by
The provisions respecting court accommodations at Durant, Hugo, Poteau, Pauls Valley, Pawhuska, and Shawnee were omitted as covered by
Changes in arrangement and phraseology were made.
Amendments
1966—
Effective Date of 1966 Amendment
Section 2 of
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §183 (Mar. 3, 1911, ch. 231, §102,
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.
Amendments
2000—
1970—
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §184 (Mar. 3, 1911, ch. 231, §103,
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
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,
Amendments
1998—Subsec. (a).
Subsec. (b).
1992—Subsec. (a).
1978—Subsec. (c).
1970—Subsec. (a).
Effective Date of 1998 Amendment
"(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,
Historical and Revision Notes
Based on
Section consolidates parts of
The provision of
The provisions of
The provisions of
The provision of
The provision of
The provision of
Other provisions of
§120. Rhode Island
Rhode Island constitutes one judicial district.
Court shall be held at Providence.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §185 (Mar. 3, 1911, ch. 231, §104,
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §186 (Mar. 3, 1911, ch. 231, §105,
The last sentence of
A provision relating to the places of the clerks' offices was omitted as covered by
The provision respecting court accommodations at Orangeburg was omitted as covered by
Changes in arrangement and phraseology were made.
Amendments
1991—Par. (4).
Par. (11).
1986—
Par. (1).
Par. (11).
1965—
Effective Date of 1986 Amendment
Section 4 of
"(a)
"(2) The amendment made by section 4 [enacting this note] takes effect on the date of the enactment of this Act.
"(b)
"(c)
Effective Date of 1965 Amendment
Section 6 of
Consolidation of South Carolina Into a Single Judicial District
Sections 2 to 5 of
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §187 (Mar. 3, 1911, ch. 231, §106,
A provision relating to maintenance of offices by the clerk was omitted as covered by
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
Changes in arrangement and phraseology were made.
Amendments
1990—Par. (3).
Par. (4).
1972—Par. (2).
Par. (3).
Par. (4).
1966—
§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, 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.
(2) The Western Division comprises the counties of Dyer, Fayette, Lauderdale, Shelby, and Tipton.
Court for the Western Division shall be held at Memphis and Dyersburg.
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §188 (Mar. 3, 1911, ch. 231, §107,
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
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
The last paragraph of the revised section consolidates the provisions of paragraphs (e) and (f) of
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
Changes in arrangement and phraseology were made.
Amendments
1970—Subsec. (c)(1).
Subsec. (c)(2).
1961—Subsec. (c)(2).
§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, Denton, and Grayson.
Court for the Sherman Division shall be held at Sherman.
(4) The Paris Division comprises the counties of Delta, Fannin, Hopkins, Lamar, and Red River.
Court for the Paris Division shall be held at Paris.
(5) The Marshall Division comprises the counties of Camp, Cass, Harrison, Marion, Morris, and Upshur.
Court for the Marshall Division shall be held at Marshall.
(6) The Texarkana Division comprises the counties of Bowie, Franklin, and Titus.
Court for the Texarkana Division shall be held at Texarkana.
(7) 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.
(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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §189 (Mar. 3, 1911, ch. 231, §108,
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
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
Five counties included in this section were created since the enactment of
Changes in arrangement and phraseology were made.
Amendments
1984—Subsec. (b).
Subsec. (b)(4).
Subsec. (b)(7).
1980—Subsec. (b)(2).
Subsec. (c).
1967—Subsec. (d).
Subsec. (d)(3).
Subsec. (d)(6).
Subsec. (d)(7).
1964—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(4).
Subsec. (c)(5).
1961—Subsec. (c)(5).
1957—Subsec. (c)(1).
Subsec. (c)(2).
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.
Effective Date of 1984 Amendment
Section 407(b) of
Amendment by
Effective Date of 1980 Amendment; Savings Provision
Amendment by
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §190 (Mar. 3, 1911, ch. 231, §109,
A provision relating to the maintenance of offices by the clerk was omitted as covered by
Changes in arrangement and phraseology were made.
Amendments
1996—Par. (1).
Par. (2).
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §191 (Mar. 3, 1911, ch. 231, §110,
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
Changes in arrangement and phraseology were made.
Amendments
1984—
1964—
Effective Date of 1984 Amendment
Amendment by
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§192 and 192a, and
A provision of
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.
Amendments
1991—Subsec. (a).
Subsec. (b).
1968—Subsec. (c).
Applicability of 1991 Amendments
Section 2 of
"(a)
"(b)
§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, and Tacoma.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §193 (Mar. 3, 1911, ch. 231, §112,
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
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
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.
Amendments
1970—Subsec. (a).
Subsec. (b).
1962—Subsec. (a)(2).
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §194 (Mar. 3, 1911, ch. 231, §113,
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
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
Changes were made in arrangement and phraseology.
Amendments
1983—Subsec. (a).
Subsec. (b).
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §195 (Mar. 3, 1911, ch. 231, §114,
Provisions for keeping the courts and their offices open at all times were omitted as covered by
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
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.
Amendments
1962—Subsec. (a).
Designation of Judge to Hold Court, Eastern District
§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,
Historical and Revision Notes
Based on
Section consolidates
A provision of
Provisions of
Amendments
1984—
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §1, and
Section consolidates
Subsection (c) is derived from
Other portions of
Amendments
1963—Subsec. (b).
Continuation of Organization of Court
Section 2(b) of act June 25, 1948, 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 | 8 |
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 | 3 |
Southern | 3 |
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 | 4 |
Southern | 28 |
Eastern | 15 |
Western | 4 |
North Carolina: | |
Eastern | 4 |
Middle | 4 |
Western | 3 |
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 | 11 |
Utah | 5 |
Vermont | 2 |
Virginia: | |
Eastern | 10 |
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 administrative assistant to the Chief Justice.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §1 and notes;
Section consolidates provisions of
Provisions of
The act of Dec. 7, 1944, amended section 2 of the act of May 24, 1940,
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,
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
A part of
Parts of
Other provisions of
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.
Codification
Paragraph (2) of subsection (b) of section 4 of
Amendments
2000—Subsec. (a).
1999—Subsec. (a).
1997—Subsec. (a).
1990—
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—
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—
1978—
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 |
1971—
1970—
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—
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—
1962—
1961—
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—
1958—
1957—
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 |
Effective Date of 1978 Amendment; Waiver of Standards and Guidelines; Failure To Comply
Section 7 of
"(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,
"(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]."
Section 11 of
Effective Date of 1978 Amendment; Savings Provision
Amendment by
Effective Date of 1971 Amendment
Amendment by
Effective Date of 1965 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
Effective Date of 1959 Amendment
Section 9 of
Effective Date of 1958 Amendment
Amendment by
Additional Judgeships
"(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."
"(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."
Section 203(a)–(c) of title II of
"(a)
"(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)
"(2)(A) The existing 2 district judgeships for the eastern and western districts of Arkansas (provided by
"(B) The existing district judgeship for the northern and southern districts of Iowa (provided by
"(C) The existing district judgeship for the northern, eastern, and western districts of Oklahoma (provided by
"(c)
"(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 western district of Michigan and the eastern district of Pennsylvania, 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 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. 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."
Section 202(a)–(d) of
"(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 (
Section 1(a) of
Section 2 of
Section 1(a) of
Section 2(a) of
Section 2(a) of
Subsec. (a)(1) of section 2 of act Feb. 10, 1954, 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.—Section 1(b) of
California.—Section 3(h) of
Delaware.—Act July 24, 1946, ch. 602,
Florida.—Section 2(b) of
Georgia.—Act Mar. 29, 1949, ch. 37,
Kansas.—Section 5(a) of
Missouri.—The additional judgeship for the eastern and western districts, which was authorized by act Dec. 24, 1942, ch. 827,
Nevada.—Section 2(b)(2) of act Feb. 10, 1954, 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.—Section 2(a) of
New Mexico.—Act Feb. 10, 1954, ch. 6, §2(b)(1),
North Carolina.—Section 2(c) of
Ohio.—Act May 1, 1941, ch. 83,
Section 2(e)(1), (2) of
"(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),
Pennsylvania.—Section 2(b) of
Section 5(b) of
Act Feb. 10, 1954, ch. 6, §2(b)(5),
Section 2 of act July 24, 1946, ch. 600,
Section 2(c) of act Aug. 3, 1949, which provided for an additional temporary judgeship for the western district of Pennsylvania was repealed by section 2 of act Aug. 29, 1950, 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.—Section 1(b) of
South Dakota.—
Section 2(b)(3) of act February 10, 1954, as amended by
Tennessee.—Section 2(b)(4) of act Feb. 10, 1954, 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),
Utah.—Act Feb. 10, 1954, ch. 6, §2(b)(6),
Virgin Islands.—Section 3(a) of
Washington.—Section 1(b) of
Section 2(c) of
West Virginia.—Section 2 of
"(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 [
"(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,
Wisconsin.—Section 5(c) of
Nomination of Women and Blacks to Federal Judgeships
Section 8 of
"(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
Section 2(b)(2) act Aug. 3, 1949, 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 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, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to 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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §1 and
Section consolidates the last paragraph of
Provisions of
A portion of
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
The clause in said last paragraph of
Amendments
1996—Subsec. (b).
1971—Subsec. (c).
1966—Subsec. (a).
1961—Subsec. (c).
1959—Subsec. (a).
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).
Effective Date of 1971 Amendment
Amendment by
Effective Date of 1959 Amendment
Amendment by
Tenure and Salary Rights of Judges in Puerto Rico in Office on September 12, 1966
Section 4 of
Applicability of Orders Under 1954 Amendment
Section 2(b)(13)(b) of act Feb. 10, 1954, provided: "Orders made by the judicial councils of the circuits under the second sentence of subsection (c) of
Section Referred to in Other Sections
This section is referred to in
§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 (
(June 25, 1948, ch. 646,
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,
Section consolidates
"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
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
For salary of the district judge of Canal Zone district court, see
Changes were made in phraseology.
References in Text
Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of
Amendments
1975—
1964—
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.
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
Salary Increases
2001—Salaries of district judges increased to $145,100 per annum, effective on first day of first pay period beginning on or after Jan. 1, 2001, by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057, set out as a note under
2000—Salaries of district judges increased to $141,300 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, formerly set out as a note under
1999—Salaries of district judges continued at $136,700 per annum, by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under
1998—Salaries of district judges increased to $136,700 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
1997—Salaries of district judges continued at $133,600 per annum, by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under
1996—Salaries of district judges continued at $133,600 per annum, by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a note under
1995—Salaries of district judges continued at $133,600 per annum, by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under
1993—Salaries of district judges increased to $133,600 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
1992—Salaries of district judges increased to $129,500 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
1991—Salaries of district judges increased to $125,100 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
1990—Salaries of district judges continued at $89,500 per annum, and increased to $96,600, 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
1989—Salaries of district 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 district judges continued at $89,500 per annum by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under
1988—Salaries of district judges continued at $89,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under
1987—Salaries of district judges increased to $89,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of district judges increased to $81,100 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
1985—Salaries of district judges increased to $78,700 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
1984—Salaries of district judges increased to $76,000 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
1982—Salaries of district judges increased to $73,100 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
Maximum rate payable after Dec. 17, 1982, increased from $70,300 to $73,100, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay 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 district judges increased to $70,300 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
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay 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 district judges increased to $67,100 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
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay 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 district judges increased to $61,500 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
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of district judges increased to $57,500 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
1977—Salaries of district judges increased to $54,500 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of district judges increased to $44,000 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
1975—Salaries of district judges increased to $42,000 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
1969—Salary of judge increased from $30,000 to $40,000 per annum, commencing Feb. 14, 1969, on recommendation of President of United States, see note set out under
1946—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,
1926—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,
1919—Salaries of district court judges increased from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29, §1,
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,
1911—Salaries of district court judges set at $6,000 a year by Judicial Code of 1911, act Mar. 3, 1911, ch. 231, §1,
Section Referred to in Other Sections
This section is referred to in
§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,
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,
Section consolidates portions of
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
Subsection (b) is new and conforms with similar provisions respecting associate justices of the Supreme Court and circuit judges in
Subsection (c) is from the proviso in the second paragraph of
Subsections (d) and (e) are new, and conform with
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.
Amendments
1982—Subsec. (a).
Subsec. (d).
1958—Subsec. (a).
1951—Subsec. (a). Act Oct. 31, 1951, inserted "in active service who is".
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Savings Provision
Amendment by
§137. Division of business among district judges
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.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §27 (Mar. 3, 1911, ch. 231, §23,
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 Referred to in Other Sections
This section is referred to in title 48 section 1614.
§138. Terms abolished
The district court shall not hold formal terms.
(June 25, 1948, ch. 646,
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.
Amendments
1963—
§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,
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.
Amendments
1963—
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§16, 146, 182 (Mar. 3, 1911, ch. 231, §§12, 73, 101,
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
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
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.
Amendments
1963—Subsecs. (a), (b).
§141. Special sessions; places; notice
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.
Any business may be transacted at a special session which might be transacted at a regular session.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §15 (Mar. 3, 1911, ch. 231, §11,
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.
Amendments
1963—
[§142. Repealed. Pub. L. 97–164, title I, §115(c)(3), Apr. 2, 1982, 96 Stat. 32 ]
Section, acts June 25, 1948, ch. 646,
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of
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:
Act July 20, 1956, ch. 657,
Act Sept. 23, 1950, ch. 1006,
Act Aug. 21, 1950, ch. 767,
Act Aug. 10, 1950, ch. 675, §2,
Act Oct. 26, 1949, ch. 744,
Act Oct. 26, 1949, ch. 740,
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §26 (Mar. 3, 1911, ch. 231, §22,
The last clause of
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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §25 (Mar. 3, 1911, ch. 231, §21,
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
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
Amendments
1949—Act May. 24, 1949, substituted "in any case" for "as to any judge" in second sentence of second par.
Abolition of Terms
For abolition of formal terms of the court and replacement by sessions, see
CHAPTER 6 —BANKRUPTCY JUDGES
Prior Provisions
A prior
Courts During Transition
Transition Study
Judicial Administration During Transition
Extension and Termination of Term of Office of Bankruptcy Judge Serving on June 27, 1984
Section 121(e) of
[Section 121(e) of
For prior extensions of the term of office of bankruptcy judges see:
Chapter Referred to in Other Sections
This chapter is referred to in
1 So in original. Does not conform to section catchline.
§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
Effective Date
Section 122 of title I of
"(a) Except as otherwise provided in this section, this title and the amendments made by this title [enacting this chapter and
"(b)
"(c) Sections 108(b) [enacting provisions set out as a note under
Short Title of 1984 Amendment
Section 1 of
Separability
Section 119 of
§152. Appointment of bankruptcy judges
(a)(1) 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. 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 | 2 |
Southern | 2 |
Middle and Southern | 1 |
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) 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.
(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
Amendments
1992—Subsec. (a)(2).
Subsec. (b)(3).
1990—Subsec. (a)(1).
1988—Subsec. (a)(2).
1986—Subsec. (a)(2).
Effective Date of 1986 Amendment
Amendment by
Temporary Appointment of Additional Judges
Section 3 of
"(a)
"(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)
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
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
Section 106 of
"(a) Notwithstanding
"(b)(1) Notwithstanding
"(2) Notwithstanding the provisions of
Appointment To Fill Vacancies; Nominations; Qualifications
Section 120 of
"(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
"(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."
Section Referred to in Other Sections
This section is referred to in
§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
(d) A bankruptcy judge appointed under this chapter shall be exempt from the provisions of subchapter I of
(Added
Amendments
1988—Subsec. (d).
1987—Subsec. (a).
Effective Date of 1987 Amendment
Section 101(a) [title IV, §408(d)] of
Transition Provisions
Section 1003(b) of
"(1) If an individual who is exempted from the Leave Act by operation of amendments under this section [amending this section and
"(2) In computing an annuity under
Continuation of Salaries of Bankruptcy Judges in Effect on June 27, 1984
Section 105(a) of
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
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
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
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
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
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
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
Maximum rate payable to bankruptcy judges after Dec. 17, 1982, increased from $58,500 to $63,600, see
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
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
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
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
§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
§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
(Added
Amendments
1988—Subsec. (b).
1986—Subsec. (b).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 203 of title II of
Section Referred to in Other Sections
This section is referred to in
§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
(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
(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
(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
Amendments
1988—Subsec. (a).
1986—Subsec. (d).
Subsecs. (e), (f).
Effective Date of 1986 Amendment
Amendment by section 103 of
Section Referred to in Other Sections
This section is referred to in
§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
(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
(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; and
(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.
(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
(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
(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
Amendments
1994—Subsec. (e).
1986—Subsec. (b)(2).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§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
(3) with leave of the court, from other interlocutory orders and decrees;
and, with leave of the court, from interlocutory orders and decrees, of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under
(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
(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 subsection (b), 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) 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.
(Added
References in Text
The Bankruptcy Rules, referred to in subsec. (c)(2), are set out in the Appendix to Title 11, Bankruptcy.
Amendments
1994—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5), (6).
Subsec. (c).
1990—Subsec. (b)(2) to (4).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a dash.
CHAPTER 7 —UNITED STATES COURT OF FEDERAL CLAIMS
Amendments
2000—
1992—
1990—
1982—
1966—
1954—Act Sept. 3, 1954, ch. 1263, §38,
Rules of the United States Court of Federal Claims
See Appendix to this title.
Chapter Referred to in Other Sections
This chapter is referred to in title 5 section 8331.
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed. §241 (Mar. 3, 1911, ch. 231, §136,
This section contains a part of
The term "chief judge" was substituted for "Chief Justice." (See reviser's note under
Words "a court of record known as" were added. For similar provision covering other Federal courts, see
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.
Amendments
1992—
1982—
1966—
1954—Act Sept. 3, 1954, inserted "; character or court" in section catchline.
1953—Act July 28, 1953, inserted second sentence.
Change of Name
Section 902(b) of
"(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
Section 911 of title IX of
Effective Date of 1982 Amendment
Section 402 of
Continued Service of Commissioners of Court of Claims as Judges
Section 167 of
Tennessee Valley Authority Legal Representation
Section 169 of
Transition Provisions: Transfer of Pending Cases
Section 403 of
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
Section Referred to in Other Sections
This section is referred to in
§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,
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
Amendments
1992—Subsec. (a).
1988—Subsec. (b).
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Salary Increases
For increases in salaries of judges after Nov. 19, 1988, see notes set out under
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
1987—Salaries of judges increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under
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
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
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
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
Maximum rate payable after Dec. 17, 1982, increased from $57,500 to $65,200, 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 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
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 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
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 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
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
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
1977—Salaries of judges increased to $57,500 per annum, on recommendation of the President of the United States, see note set out under
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
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
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,
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,
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,
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,
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §241 (Mar. 3, 1911, ch. 231, §136,
This section is based on part of
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
Minor changes were made in phraseology.
Amendments
1992—
1982—
1975—
1964—
1955—Act Mar. 2, 1955, increased salaries of judges from $17,500 to $25,500 a year.
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 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 Referred to in Other Sections
This section is referred to in
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §243 (Mar. 3, 1911, ch. 231, §138,
This section is based on the first sentence of
Words "the seat of government" were substituted for "the city of Washington" to conform to similar language respecting the Supreme Court. (See
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
Word "term" was substituted for "session" for uniformity.
Minor changes were made in phraseology.
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§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
(Added
Prior Provisions
A prior section 175, act June 25, 1948, ch. 646,
Amendments
2000—Subsec. (c).
1992—Subsec. (a).
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§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
Amendments
1992—Subsecs. (a), (c).
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1982, see section 402 of
Section Referred to in Other Sections
This section is referred to in
§177. Disbarment of removed judges
A judge of the United States Court of Federal Claims removed from office in accordance with
(Added
Amendments
1992—
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1982, see section 402 of
§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:
(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
(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
(B) an annuity or salary in senior status or retirement under
(C) retired pay under section 7447 of the Internal Revenue Code of 1986; or
(D) retired pay under
(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
(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
(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
(C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(Added
References in Text
Section 7447 of the Internal Revenue Code of 1986, referred to in subsec. (f)(2)(C), is classified to
Amendments
1992—
1991—Subsec. (f)(2)(A).
Subsec. (f)(2)(D).
Subsec. (j)(1).
Subsec. (j)(2).
Subsec. (j)(3).
Effective Date of 1992 Amendment
Amendment by
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
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "of the".
§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
(i) is retired under subsection (b) of
(ii) at the time of becoming such a retired judge—
(I) was enrolled in a health benefits plan under
(II) did not satisfy the requirements of
shall be deemed to be an annuitant meeting the requirements of
(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
(A) the provisions of
(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
(c) For purposes of construing and applying
(Added
1 So in original. Probably should be followed by "of title 5".
[§180. Repealed. Pub. L. 106–398, §1 [[div. A], title VI, §654(b)(1)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-165]
Section, added
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 1 [[div. A], title VI, §654(c)] of
[CHAPTER 9 —REPEALED]
[§§211 to 216. Repealed. Pub. L. 97–164, title I, §106, Apr. 2, 1982, 96 Stat. 28 ]
Section 211, acts June 25, 1948, ch. 646,
Section 212, act June 25, 1948, ch. 646,
Section 213, acts June 25, 1948, ch. 646,
Section 214, act June 25, 1948, ch. 646,
Section 215, act June 25, 1948, ch. 646,
Section 216, act June 25, 1948, ch. 646,
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of
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
CHAPTER 11 —COURT OF INTERNATIONAL TRADE
Historical and Revision Notes
The "Board of General Appraisers" was designated "United States Customs Court" by act May 28, 1926, ch. 411, §1,
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,
Provisions similar to these were contained in act Sept. 21, 1922, ch. 356, title IV, §518,
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,
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
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,
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,
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,
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,
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,
Amendments
1996—
1980—
1970—
Rules of the United States Court of International Trade
See Appendix to this title.
§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,
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,
This section contains only a part of
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
The term "chief judge" was substituted for "presiding judge." (See reviser's note under
The provisions of such
Changes in phraseology were made.
Amendments
1996—Subsecs. (b), (c).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
1956—Act July 14, 1956, declared the Customs Court to be a court established under article III of the Constitution of the United States.
Effective Date of 1980 Amendment
Section 701 of
"(a) Except as otherwise provided in this section, the provisions of and amendments made by this Act [see section 1 of
"(b)(1) The following sections of
"(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 [
"(3) Section 284 of the Trade Act of 1974 [
"(c)(1) The following sections of
"(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 [
[Amendment of section 701 of
References to Certain Courts Deemed References to the United States Court of International Trade
Section 702 of
Effect on Customs Court Judges
Section 703 of
"(a) Except as provided in subsection (b) of this section, the amendments made by title I of this Act [amending this section and
"(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
Section 704 of
Tennessee Valley Authority Legal Representation
Section 705 of
Limitation or Alteration of Jurisdiction
Section 4 of act July 14, 1956, provided that: "Nothing contained in this Act [amending this section and
Continuation of Organization of Court
Section 2(b) of act June 25, 1948, 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 (
(June 25, 1948, ch. 646,
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,
This section contains a part of
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,
A provision for monthly salary payments was omitted since time of payment is a matter for administrative determination.
Changes were made in phraseology.
References in Text
Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of
Amendments
1980—
1975—
1964—
1955—Act Mar. 2, 1955, increased salaries of judges from $15,000 to $22,500 a year.
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
Salary Increases
2001—Salaries of judges increased to $145,100 per annum, effective on first day of first pay period beginning on or after Jan. 1, 2001, by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057, set out as a note under
2000—Salaries of judges increased to $141,300 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, formerly set out as a note under
1999—Salaries of judges continued at $136,700 per annum, by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under
1998—Salaries of judges increased to $136,700 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
1997—Salaries of judges continued at $133,600 per annum, by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under
1996—Salaries of judges continued at $133,600 per annum, by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a note under
1995—Salaries of judges continued at $133,600 per annum, by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under
1993—Salaries of judges increased to $133,600 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
1992—Salaries of judges increased to $129,500 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
1991—Salaries of judges increased to $125,100 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
1990—Salaries of judges continued at $89,500 per annum, and increased to $96,600, 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
1989—Salaries of 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 judges continued at $89,500 per annum by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under
1988—Salaries of judges continued at $89,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under
1987—Salaries of judges increased to $89,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of judges increased to $81,100 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
1985—Salaries of judges increased to $78,700 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
1984—Salaries of judges increased to $76,000 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
1982—Salaries of judges increased to $73,100 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
Maximum rate payable after Dec. 17, 1982, increased from $70,300 to $73,100, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of Executive Schedule, see section 101(e) of
1981—Salaries of judges increased to $70,300 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
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of judges increased to $67,100 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
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of Executive Schedule, see section 101(c) of
1979—Salaries of judges increased to $61,500 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
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of judges increased to $57,500 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
1977—Salaries of judges increased to $54,500 per annum, on recommendation of President of United States, see note set out under
1976—Salaries of judges increased to $44,000 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
1969—Salaries of judges increased from $30,000 to $40,000 per annum, commencing Feb. 14, 1969, on recommendation of the President of the United States, see note set out under
1946—Salaries of presiding judge and associate judges increased from $10,000 to $15,000 a year by act July 31, 1946, ch. 704, §1,
1930—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,
§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,
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,
This section contains a part of
Provision respecting recommendations for appointment, promotions, or otherwise affecting such clerical force, was omitted as unnecessary in view of
The second paragraph is partly new and conforms with similar provisions of
The term "chief judge" was substituted for "presiding judge." (See Reviser's Note under
Changes were made in phraseology and arrangement.
Amendments
1996—
"(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).
1970—
1959—
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Savings Provision
Amendment by
1 So in original. The semicolon probably should be a period.
§254. Single-judge trials
Except as otherwise provided in
(June 25, 1948, ch. 646,
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,
This section contains a part of
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
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
The provision of
Changes were made in arrangement and phraseology.
1949 Act
This amendment clarifies
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
Amendments
1980—
1970—
1949—Act May 24, 1949, inserted "to hear or" before "to hear and determine" in third par.
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
§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
Prior Provisions
A prior section 255 was renumbered
Amendments
1980—Subsec. (a).
Effective Date of 1980 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1970, see section 122 of
Section Referred to in Other Sections
This section is referred to in
§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
(Added
Amendments
1982—Subsec. (b).
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section 122 of title I of
"(a) This title [see Short Title of 1970 Amendment note set out under
"(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 [
"(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 Referred to in Other Sections
This section is referred to in
§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,
Historical and Revision Notes
Based on
Changes in phraseology were made.
Amendments
1980—
1970—
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
§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
Continuance of Position of Chief Judge
Section 501(c) of
"(1) Notwithstanding the provisions of
"(A) The chief judge is relieved of his duties under
"(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
CHAPTER 13 —ASSIGNMENT OF JUDGES TO OTHER COURTS
Amendments
1988—
1982—
1958—
Chapter Referred to in Other Sections
This chapter is referred to in
1 Section catchline amended by
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§17, 22 (Mar. 3, 1911, ch. 231, §§13, 18,
Section consolidates all provisions of
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
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
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
The term "chief judge" of the circuit was substituted for "senior circuit judge." (See reviser's note under
References in said sections 17 and 22 to retired judges were omitted as covered by
Other provisions of said
Other provisions of said
Changes were made in phraseology and arrangement.
Amendments
1992—Subsec. (a).
1982—Subsecs. (b), (c).
1978—Subsec. (c).
1958—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
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).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Jurisdiction of United States Court of Customs and Patent Appeals
Section 7 of
§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,
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,
Section consolidates and simplifies all provisions of
Term "chief judge" was substituted for "senior circuit judge." (See Reviser's Note under
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.
For omission of reference in said section 17 to senior Associate Justice, see reviser's note under
Reference in said section 17 to retired judges were omitted as covered by
Other provisions of said
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.
Amendments
1982—Subsec. (e).
1980—Subsec. (e).
1978—Subsecs. (b), (d).
1970—Subsecs. (c) to (e).
1958—Subsecs. (a) to (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
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).
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Jurisdiction of United States Court of Customs and Patent Appeals
Amendment by
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
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §301 (Mar. 3, 1911, ch. 231, §188,
Section simplifies last sentence of
Other provisions of said
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
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
Changes were made in phraseology.
Amendments
1982—
Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
Subsec. (e).
1980—Subsec. (b).
Subsec. (c).
Subsec. (d).
1978—Subsec. (e).
1958—
Subsec. (a).
Subsec. (b).
Subsecs. (c), (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.
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Jurisdiction of United States Court of Customs and Patent Appeals
Amendment by
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
1 So in original. No subsec. (b) has been enacted.
§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
(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 or 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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§375, 375a, and 375f (Mar. 3, 1911, ch. 231, §260,
Section consolidates those parts of
The term "chief judge" was substituted for "presiding judge or senior judge." (See Reviser's Note under
Changes were made in phraseology.
Amendments
1978—Subsecs. (c), (d).
1958—Subsec. (a).
Subsecs. (b) to (d).
Subsec. (e).
1957—Subsec. (d).
1956—Subsec. (b). Act July 9, 1956, inserted provisions relating to assignment of retired judges of the Court of Claims.
Jurisdiction of United States Court of Customs and Patent Appeals
Amendment by
Section Referred to in Other Sections
This section is referred to in
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§17, 20 (Mar. 3, 1911, ch. 231, §§13, 16,
This section consolidates and simplifies provisions of
Other provisions of
The reference in said section 20 to senior Associate Judge was omitted. (See Reviser's Note under
The terms "chief judge" and "chief judge of a circuit" were substituted for "senior circuit judge". (See Reviser's Note under
The alternative provision for approval by the judicial council of the circuit was inserted to conform with
Changes were made in phraseology.
Amendments
1978—
1958—
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.
Jurisdiction of United States Court of Customs and Patent Appeals
Amendment by
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
§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.
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,
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,
Section simplifies provisions of sections 17, 18, paragraphs (b) and (c) of section 22, and
Other provisions of said
Other provisions of said
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
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
§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 or district judge 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
CHAPTER 15 —CONFERENCES AND COUNCILS OF JUDGES
Amendments
1986—
1980—
1958—
Chapter Referred to in Other Sections
This chapter is referred to in
§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
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
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
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.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §218 (Sept. 14, 1922, ch. 306, §2,
Provisions as to associate justice acting when Chief Justice is disabled are omitted as unnecessary in view of
The provision of
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
Provision for stated annual reports by the chief judge of the district was omitted as obsolete and unnecessary in view of
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.
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
1996—
1988—
1986—
1982—
1980—
1978—
1961—
1958—
1957—
1956—Act July 9, 1956, inserted provisions relating to participation of Court of Claims judges.
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 4 of
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 7 of
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
Policies, Procedures, and Methodologies Used in Recommendation for Creation of Additional Federal Judgeships; Study by General Accounting Office and Report to Congress
"(a)
"(1) provide an accurate measure of the workload of existing judges;
"(2) are applied consistently to the various circuit courts of appeals and district courts; and
"(3) provide an accurate indicator of the need for additional judgeships.
"(b)
Federal Courts Study Committee
Title I of
Section Referred to in Other Sections
This section is referred to in
§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
(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
(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
(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
(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
(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
(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 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
(June 25, 1948, ch. 646,
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,
The final sentence of
The requirement for attendance of circuit judges, unless excused by the chief judge, was included in conformity with a similar provision of
Changes in phraseology were made.
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title.
Amendments
2000—Subsec. (a)(3).
Subsec. (a)(5).
Subsec. (h).
1996—Subsec. (g).
1991—Subsec. (a)(1).
1990—Subsec. (a)(1).
"(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).
Subsec. (d)(2).
Subsec. (f)(1).
1988—Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(4).
Subsec. (e).
Subsec. (f).
1980—
Subsec. (a).
Subsec. (c).
Subsec. (d).
1978—Subsec. (d).
1971—
1963—
Effective Date of 1990 Amendment
Section 407 of
Effective Date of 1988 Amendment
Amendment by section 403(a)(2), (b) of
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§333. Judicial conferences of circuits
The chief judge of each circuit may summon biennially, and may summon annually, the circuit, district, 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,
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,
Section consolidates parts of
Said section 450 contained definitions of "courts" and "continental United States," and directions that
The revised section omits, as surplusage, the definition of "continental United States." Other provisions of
The provision as to travel and subsistence which was contained in said
Amendments
1996—
1990—
1978—
1958—
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.
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
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
§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
Sentencing Procedures
Section 7 of
§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
Effective Date
Section effective 60 days after Oct. 14, 1986, see section 4 of
CHAPTER 17 —RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
Amendments
1988—
1986—
1984—
1980—
1972—
1959—
1956—Act Aug. 3, 1956, ch. 944, §1(a),
1954—Act Aug. 28, 1954, ch. 1053, §2,
Act Feb. 10, 1954, ch. 6, §4(b),
Change of Name
Words "magistrate judges" substituted for "magistrates" in items 375 and 377 pursuant to section 321 of
1 Section catchline amended by
§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
(c) The age and service requirements for retirement under this section are as follows:
(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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§375 and 375a (Mar. 3, 1911, ch. 231, §260,
This section consolidates provisions of
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
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.
Amendments
2000—Subsec. (b).
Subsec. (e).
Subsec. (f).
1996—Subsec. (f)(1)(D).
Subsec. (f)(3).
1989—Subsec. (b).
Subsec. (f).
1988—Subsec. (e).
1984—
Subsec. (a).
Subsec. (b).
Subsecs. (c), (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.
Effective Date of 2000 Amendment
Effective Date of 1989 Amendment
Section 705(b) of
"(1)
"(2)
"(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
"(C) such certifications shall be deemed to be certifications made in calendar year 1991."
Effective Date of 1988 Amendment
Section 1005(b) of
Effective Date of 1984 Amendment
Section 204(c) of
Computation of Judicial Service, District of Alaska
Judicial Service in Hawaii Included Within Computation of Aggregate Years of Judicial Service
Section Referred to in Other Sections
This section is referred to in
§372. Retirement for disability; substitute judge on failure to retire; judicial discipline
(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.
(c)(1) Any person alleging that a circuit, district, or bankruptcy judge, or a magistrate judge, has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such a judge or magistrate 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. 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.
(2) Upon receipt of a complaint filed under paragraph (1) of this subsection, the clerk shall promptly transmit such 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 subsection only, included in the term "chief judge"). The clerk shall simultaneously transmit a copy of the complaint to the judge or magistrate judge whose conduct is the subject of the complaint.
(3) After expeditiously reviewing a complaint, the chief judge, by written order stating his reasons, may—
(A) dismiss the complaint, if he finds it to be (i) not in conformity with paragraph (1) of this subsection, (ii) directly related to the merits of a decision or procedural ruling, or (iii) frivolous; or
(B) conclude the proceeding if he 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 his written order to the complainant and to the judge or magistrate judge whose conduct is the subject of the complaint.
(4) If the chief judge does not enter an order under paragraph (3) of this subsection, such judge shall promptly—
(A) appoint himself 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;
(B) certify the complaint and any other documents pertaining thereto to each member of such committee; and
(C) provide written notice to the complainant and the judge or magistrate judge whose conduct is the subject of the complaint of the action taken under this paragraph.
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
(5) Each committee appointed under paragraph (4) of this subsection 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.
(6) Upon receipt of a report filed under paragraph (5) of this subsection, the judicial council—
(A) may conduct any additional investigation which it considers to be necessary;
(B) shall take such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the circuit, including, but not limited to, any of the following actions:
(i) directing the chief judge of the district of the magistrate judge whose conduct is the subject of the complaint to take such action as the judicial council considers appropriate;
(ii) certifying disability of a judge appointed to hold office during good behavior whose conduct is the subject of the complaint, pursuant to the procedures and standards provided under subsection (b) of this section;
(iii) requesting that any such judge appointed to hold office during good behavior voluntarily retire, with the provision that the length of service requirements under
(iv) ordering that, on a temporary basis for a time certain, no further cases be assigned to any judge or magistrate judge whose conduct is the subject of a complaint;
(v) censuring or reprimanding such judge or magistrate judge by means of private communication;
(vi) censuring or reprimanding such judge or magistrate judge by means of public announcement; or
(vii) ordering such other action as it considers appropriate under the circumstances, except that (I) in no circumstances may the council order removal from office of any judge appointed to hold office during good behavior, and (II) any removal of a magistrate judge shall be in accordance with
(C) may dismiss the complaint; and
(D) shall immediately provide written notice to the complainant and to such judge or magistrate judge of the action taken under this paragraph.
(7)(A) In addition to the authority granted under paragraph (6) of this subsection, the judicial council may, in its discretion, refer any complaint under this subsection, together with the record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference of the United States.
(B) In any case in which the judicial council determines, on the basis of a complaint and an investigation under this subsection, or on the basis of information otherwise available to the council, that a judge appointed to hold office during good behavior may have engaged in conduct—
(i) which might constitute one or more grounds for impeachment under article II of the Constitution; or
(ii) 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.
(C) A judicial council acting under authority of this paragraph shall, unless contrary to the interests of justice, immediately submit written notice to the complainant and to the judge or magistrate judge whose conduct is the subject of the action taken under this paragraph.
(8)(A) Upon referral or certification of any matter under paragraph (7) of this subsection, 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 paragraph (6)(B) of this subsection, as it considers appropriate. If the Judicial Conference concurs in the determination of the 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.
(B) If a judge or magistrate judge has been convicted of a felony 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 paragraph (7), 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.
(9)(A) In conducting any investigation under this subsection, the judicial council, or a special committee appointed under paragraph (4) of this subsection, shall have full subpoena powers as provided in
(B) In conducting any investigation under this subsection, the Judicial Conference, or a standing committee appointed by the Chief Justice under
(10) A complainant, judge, or magistrate judge aggrieved by a final order of the chief judge under paragraph (3) of this subsection may petition the judicial council for review thereof. A complainant, judge, or magistrate judge aggrieved by an action of the judicial council under paragraph (6) of this subsection may petition the Judicial Conference of the United States for review thereof. The Judicial Conference, or the standing committee established under
(11) Each judicial council and the Judicial Conference may prescribe such rules for the conduct of proceedings under this subsection, including the processing of petitions for review, as each considers to be appropriate. Such rules shall contain provisions requiring that—
(A) adequate prior notice of any investigation be given in writing to the judge or magistrate judge whose conduct is the subject of the complaint;
(B) the judge or magistrate judge whose conduct is the subject of the complaint 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
(C) 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.
Any such rule shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any rule promulgated under this subsection 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 subsection may limit the period of time within which a person may file a complaint under this subsection.
(12) No judge or magistrate judge whose conduct is the subject of an investigation under this subsection shall serve upon a special committee appointed under paragraph (4) of this subsection, upon a judicial council, upon the Judicial Conference, or upon the standing committee established under
(13) 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 subsection.
(14) Except as provided in paragraph (8), all papers, documents, and records of proceedings related to investigations conducted under this subsection shall be confidential and shall not be disclosed by any person in any proceeding except to the extent that—
(A) the judicial council of the circuit in its discretion releases a copy of a report of a special investigative committee under paragraph (5) to the complainant whose complaint initiated the investigation by that special committee and to the judge or magistrate judge whose conduct is the subject of the complaint;
(B) 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
(C) such disclosure is authorized in writing by the judge or magistrate 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
(15) Each written order to implement any action under paragraph (6)(B) of this subsection, which is issued by a judicial council, the Judicial Conference, or the standing committee established under
(16) Upon the request of a judge or magistrate judge whose conduct is the subject of a complaint under this subsection, the judicial council may, if the complaint has been finally dismissed under paragraph (6)(C), 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 or magistrate judge during the investigation which would not have been incurred but for the requirements of this subsection.
(17) Except as expressly provided in this subsection, nothing in this subsection 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.
(18) 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 foregoing provisions of this subsection, 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 subsection.
(June 25, 1948, ch. 646,
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,
This section consolidates
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
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
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
Changes were made in phraseology and arrangement.
1949 Act
Subsection (a) of this section amends
References in Text
The Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, and the Federal Rules of Evidence, referred to in subsec. (c)(17), are set out in the Appendix to this title.
The Federal Rules of Criminal Procedure, referred to in subsec. (c)(17), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Amendments
1992—Subsec. (c)(18).
1990—Subsec. (c)(1).
Subsec. (c)(3)(B).
Subsec. (c)(4).
Subsec. (c)(6).
Subsec. (c)(7)(B).
Subsec. (c)(8).
Subsec. (c)(11).
Subsec. (c)(14).
Subsec. (c)(14)(A).
Subsec. (c)(14)(B).
Subsec. (c)(14)(C).
Subsec. (c)(16) to (18).
1988—Subsec. (c)(11).
1984—Subsec. (c)(6)(B)(vii).
1982—Subsec. (a).
Subsec. (b).
Subsec. (c)(17).
1980—
Subsecs. (a), (b).
Subsec. (c).
1957—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.
Change of Name
Words "magistrate judge" substituted for "magistrate" wherever appearing in subsec. (c) pursuant to section 321 of
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
National Commission on Judicial Discipline and Removal
Subtitle II of title IV of
"SEC. 408. SHORT TITLE.
"This subtitle may be cited as the 'National Commission on Judicial Discipline and Removal Act'.
"SEC. 409. ESTABLISHMENT.
"There is hereby established a commission to be known as the 'National Commission on Judicial Discipline and Removal' (hereinafter in this subtitle referred to as the 'Commission').
"SEC. 410. DUTIES OF COMMISSION.
"The duties of the Commission are—
"(1) to investigate and study the problems and issues involved in the tenure (including discipline and removal) of an article III judge;
"(2) to evaluate the advisability of proposing alternatives to current arrangements with respect to such problems and issues, including alternatives for discipline or removal of judges that would require amendment to the Constitution; and
"(3) to prepare and submit to the Congress, the Chief Justice of the United States, and the President a report in accordance with section 415.
"SEC. 411. MEMBERSHIP.
"(a)
"(1) Three appointed by the President pro tempore of the Senate.
"(2) Three appointed by the Speaker of the House of Representatives.
"(3) Three appointed by the Chief Justice of the United States.
"(4) Three appointed by the President.
"(5) One appointed by the Conference of Chief Justices of the States of the United States.
"(b)
"(c)
"(d)
"(e)
"(f)
"SEC. 412. COMPENSATION OF THE COMMISSION.
"(a)
"(2) A member of the Commission who is an officer or employee of the United States Government shall serve without additional compensation.
"(b)
"SEC. 413. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
"(a)
"(b)
"(c)
"SEC. 414. POWERS OF COMMISSION.
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"SEC. 415. REPORT.
"The Commission shall submit to each House of Congress, the Chief Justice of the United States, and the President a report not later than one year after the date of its first meeting. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative or administrative action as it considers appropriate.
"SEC. 416. TERMINATION.
"The Commission shall cease to exist on the date 30 days after the date it submits its report to the President and the Congress under section 415.
"SEC. 417. AUTHORIZATION OF APPROPRIATIONS.
"There is authorized to be appropriated the sum of $750,000 to carry out the provisions of this subtitle.
"SEC. 418. EFFECTIVE DATE.
"This subtitle shall take effect on the date of the enactment of this Act [Dec. 1, 1990]."
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
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
Judicial Service in Hawaii
Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) of
Section Referred to in Other Sections
This section is referred to in
§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:
(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
(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
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
Section consolidates
Amendments
1986—
"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
1976—
1966—
1959—
1958—
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.
Effective Date of 1986 Amendment
Section 21(c) of
Effective Date of 1959 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Election, Recall, Status, Compensation, Conduct, and Termination of Senior Judges
"(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
"(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
"(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
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
Section 14(d) of
Preservation of Rights of Retired Judges of the District Court for the Territory of Alaska
Section 12(d) of
Judicial Service in Hawaii
Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) of
Section Referred to in Other Sections
This section is referred to in
§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
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §402 (Feb. 11, 1938, ch. 23,
Changes were made in phraseology.
Amendments
1986—
1959—
Change of Name
Words "magistrate judge" substituted for "magistrate" wherever appearing in text pursuant to section 321 of
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§375. Recall of certain judges and magistrate judges
(a)(1) A bankruptcy judge or a United States magistrate judge appointed under
(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
(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
(d) A certification under subsection (a) may be terminated in accordance with
(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
(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
(h) The Judicial Conference of the United States may promulgate regulations to implement this section.
(Added
Prior Provisions
A prior section 375, added Aug. 28, 1954, ch. 1053, §1,
Amendments
1992—Subsec. (a)(1).
Subsec. (a)(2).
"(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).
"(A) the term 'bankruptcy judge' means a bankruptcy judge appointed under
"(B) the term 'judge of the Claims Court' means a judge of the United States Claims Court who is appointed under
Subsec. (f).
1990—Subsec. (a)(1).
1988—Subsec. (a)(1).
Subsec. (c).
Subsec. (g).
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
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date
Section effective Jan. 1, 1987, see section 203 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "United States magistrate judge,".
§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
(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
(D) a Director of the Federal Judicial Center, after he or she has filed a waiver under subsection (a) of
(E) an administrative assistant 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
(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
(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
(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
(D) in the case of a Director of the Federal Judicial Center, an annuity paid under subsection (b) or (c) of
(E) in the case of an administrative assistant to the Chief Justice of the United States, an annuity paid in accordance with both subsection (a) of section 677 and subsection (a) of
(F) in the case of a bankruptcy judge or United States magistrate judge, an annuity paid under
(G) in the case of a judge of the United States Court of Federal Claims, an annuity paid under
(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
(B) of a judge of the United States Court of Federal Claims retired under
(C) of a judicial official on recall under
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
(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
(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
(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
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.
(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
(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
(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
(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
(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) 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.
(Added Aug. 3, 1956, ch. 944, §2,
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
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
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
Section 3 of the Judicial Survivors' Annuities Reform Act, referred to in subsec. (b)(3), is section 3 of
Amendments
2000—Subsec. (a)(1)(D).
Subsec. (a)(2)(D).
1996—Subsec. (b)(1).
"(A) of a justice or judge of the United States retired from regular active service who is described in
"(B) of a justice or judge of the United States retired under
"(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
"(D) of a judicial official on recall under
shall be an amount equal to 2.2 percent of retirement salary."
Subsec. (o)(1).
1992—Subsec. (a)(1).
Subsec. (a)(1)(G), (2)(G).
Subsec. (b).
Subsec. (d)(1), (2).
Subsec. (g).
Subsec. (h)(1).
Subsec. (k)(5).
Subsec. (l)(1).
Subsec. (v).
Subsec. (w).
1990—Subsec. (a)(1).
Subsec. (a)(2)(G).
Subsec. (a)(5)(C).
Subsec. (a)(7).
Subsec. (b).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (h)(3).
Subsec. (h)(4).
Subsec. (h)(6).
Subsec. (i).
Subsec. (l)(1)(ii).
Subsec. (o).
Subsec. (u).
1988—Subsec. (a)(1).
Subsec. (a)(2)(F).
Subsec. (b).
Subsec. (m).
1986—Subsec. (a)(1).
Subsec. (a)(1)(B).
Subsec. (a)(2)(B).
Subsec. (a)(6).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (h)(1)(B).
Subsec. (h)(1)(C).
Subsec. (h)(2).
Subsec. (k)(1).
Subsec. (l).
Subsec. (l)(1).
Subsec. (l)(2).
Subsec. (n).
Subsec. (o)(2), (3).
Subsecs. (s), (t).
1978—Subsec. (a)(2)(A).
1976—
1972—Subsecs. (a) to (c), (e) to (g), (i) to (k), (n), (o).
1968—Subsec. (a).
1967—Subsecs. (r), (s).
1958—Subsec. (q).
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
Effective Date of 1992 Amendment
Section 202 of title II of
Amendment by section 902(b) of
Effective Date of 1990 Amendment; Transition Provisions
Amendment by section 306(b) of
Section 322(g) of
"(1)
"(2)
"(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
"(3)
"(A) 'assassinated' has the meaning given that term in
"(B) 'judicial official' has the meaning given that term in section 376(a)(1)(A) and (B) of
Effective Date of 1988 Amendments
Section 1017(c) of title X of
Amendment by
Effective Date of 1986 Amendments
Amendment by
Section 2(f) of
Effective Date of 1976 Amendment
Section 8 of
Effective Date of 1958 Amendment
Amendment by
Retroactive Effect of 1967 Amendment
The provisions of
Savings Provision
Section 6 of
Credit for Contributions Prior to 1992 Amendment at Higher Rate
Section 201(j) of title II of
Redeposit of Contributions Prior to 1992 Amendment
Section 201(k) of
"(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
Audit by General Accounting Office
Section 201(l) of
"(1) conduct an audit of the judicial survivors['] annuities program under
"(2) report to the Congress, not later than 60 days after the end of that 3-year period, on the results of such audit, comparing such program to other survivors['] annuities programs within the Federal Government."
Increase for Existing Annuitants
Section 1017(b) of title X of
Survivors' Annuities for Incumbents
Section 3(b) of
Covered Beneficiaries Under Pub. L. 99–336
Section 2(b) of
"(1) such annuities shall be computed in accordance with the provisions of
"(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
Section 2(c) of
"(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
"(2) Any judicial official who makes a revocation under paragraph (1) of this subsection and who thereafter becomes eligible to make an election under
"(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.
Section 2(d)(4) of
Annuity Payment to Surviving Spouses of Judges Who Died Before October 19, 1976
"(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
"(b) Notwithstanding the provisions of
Judicial Survivors' Annuity Fund; Authorization of Appropriations
Judicial Survivors' Annuities Fund
Section 3 of
Compensation for Actuarial Deficiency in the Annuities Fund
Section 4 of
Increases in Widows' Annuities Paid Under Section 2 of Act August 3, 1956
Section 5 of
Revocation of Election To Participate in Annuities Program
Section 7 of
Judge Taking Office on August 8, 1968
Section 1(b) of
Preservation of Rights of Judges of the District Court for the Territory of Alaska
Section 12(n) of
Appropriations
Section 5 of act Aug. 3, 1956, provided that: "Funds necessary to carry out the provisions of this Act [enacting this section and provisions set out as notes below, and amending
Resigned, Removed, and Retired Judges
Section 6 of act Aug. 3, 1956, 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
Prior Death of Judge
Section 7 of act Aug. 3, 1956, provided that: "In the case of a living widow of a judge of the United States as defined in
Section Referred to in Other Sections
This section is referred to in
1 So in original. Comma probably should be a semicolon.
§377. Retirement of bankruptcy judges and magistrate judges
(a)
(b)
(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)
(d)
(e)
(f)
(1) any annuity to which such judge or magistrate judge would otherwise have been entitled under subchapter III of
(2) an annuity or salary in senior status or retirement under
(3) retired pay under section 7447 of the Internal Revenue Code of 1986; or
(4) retired pay under
(g)
(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)
(1) any bankruptcy judge appointed under—
(A)
(B) section 34 of the Bankruptcy Act before the repeal of that Act by section 401 of the Act of November 6, 1978 (
(C) section 404 of the Act of November 6, 1978 (
(2) any United States magistrate judge appointed under
only with respect to service on or after October 1, 1979, as such a bankruptcy judge or magistrate judge.
(i)
(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)
(1)
(2)
(k)
(l)
(m)
(1)
(A)
(B)
(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)
(3)
(n)
(1)
(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
(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)
(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)
(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)
(1)
(2)
(3)
(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
(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
(C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(Added
References in Text
Section 7447 of the Internal Revenue Code, referred to in subsec. (f)(3), is classified to
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
Section 404 of the Act of November 6, 1978 (
Amendments
1991—Subsec. (f)(4).
1990—Subsec. (f).
Subsec. (h).
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
Effective Date
Section 9 of
"(a)
"(b)
Retirement Annuities for Incumbent Bankruptcy Judges and Magistrate Judges
Section 2(c) of
"(1)
"(A) an annuity under subchapter III of
"(B) an annuity calculated under subsection (b) or (c) and subsection (g) of
"(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
"(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)
"(3)
"(4)
"(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.
Report to Congress on Financial Operation of Retirement Annuity Program
Section 8 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "receive—".
CHAPTER 19 —DISTRIBUTION OF REPORTS AND DIGESTS
Amendments
1982—
1952—Act July 10, 1952, ch. 632, §3,
§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 Public Printer, 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,
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §334 (Mar. 3, 1911, ch. 231, §227,
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
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
Last sentence, fourth paragraph, of
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
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
Provision of
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
Changes were made in phraseology and arrangement.
1949 Act
Subsection (a) of this section substitutes, in
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
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".
Section Referred to in Other Sections
This section is referred to in
§412. Sale of Supreme Court reports
The Public Printer, 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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §335 (Mar. 3, 1911, ch. 231, §228,
Authority for making an appropriation to carry into effect the provisions of this section is contained in
Reference to digests was omitted to conform to administrative practice. (See
Changes were made in phraseology.
Amendments
1952—Act July 10, 1952, permitted Superintendent of Documents to sell reports under same terms as other Government publications.
Section Referred to in Other Sections
This section is referred to in
§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,
Historical and Revision Notes
1948 Act
Based on
Section consolidates provisions of
Other provisions of
Provisions of
Provisions of said
Similar provisions in said
Provision in
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
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
Similar publications are purchased by the Marshal of Supreme Court for the use of the Court. (See
The provisions of
Provision of
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,
Although
1949 Act
Subsection (a) of this section eliminates from
Subsection (b) of this section incorporates in
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,
Historical and Revision Notes
Based on
Section consolidates
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
Other provisions of said
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,
Amendments
1962—
Effective Date of 1962 Amendment
Amendment by
[§415. Repealed. Pub. L. 97–164, title I, §113, Apr. 2, 1982, 96 Stat. 29 ]
Section, acts June 25, 1948, ch. 646,
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of
CHAPTER 21 —GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
Amendments
1982—
1978—
1975—
1974—
1963—
1951—Act Oct. 31, 1951, ch. 655, §42,
Change of Name
Words "magistrate judge" substituted for "magistrate" in item 455 pursuant to section 321 of
1 So in original. Does not conform to section catchline.
§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
The terms "district court" and "district court of the United States" mean the courts constituted by
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
The term "department" means one of the executive departments enumerated in
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,
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.
References in Text
Amendments
1982—
1980—
1978—
1966—
1959—
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1959 Amendment
Section 10 of
"Circuit Court of Appeals;" "Senior Circuit Judge," Etc. Defined
Section 32 of act June 25, 1948, as amended by act May 24, 1949, ch. 139, §127,
"(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
Section 2(a) of act June 25, 1948, as amended by act Sept. 3, 1954, ch. 1263, §51(a),
Section 51(b) of act Sept. 3, 1954, provided that this amendment should take effect as of Sept. 1, 1948.
Section Referred to in Other Sections
This section is referred to in
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§13 and 302 (Mar. 3, 1911, ch. 231, §§9, 189,
Other provisions of said
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.)
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.
Amendments
1963—
Section Referred to in Other Sections
This section is referred to in
§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 this 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,
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,
This section consolidates sections 11–203 and 11–303 of District of Columbia Code, 1940 ed., and
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
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.)
Amendments
1990—
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §373 (Mar. 3, 1911, ch. 231, §258,
Changes in phraseology were made.
Section Referred to in Other Sections
This section is referred to in
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §24 (Mar. 3, 1911, ch. 231, §20,
The phrase "in which he has a substantial interest" was substituted for "concerned in interest in any suit."
The provision of
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.
Amendments
1988—Subsec. (f).
1978—
1974—
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
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1974 Amendment
Section 3 of
Section Referred to in Other Sections
This section is referred to in
§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
(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
(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,
Historical and Revision Notes
Based on
The inconsistent provision of said
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
The provisions of said
The provision of
The provision of
The provision in
Words "justice or judge of the United States" were used to describe members of all courts. See definitive
The remaining provisions of
Said
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
As finally enacted, part of act July 9, 1947, ch. 211, title IV,
Amendments
1986—Subsec. (a).
1982—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsecs. (e), (f).
Subsec. (g).
1980—
1978—
1959—
1953—Act Aug. 8, 1953, increased limit of reimbursable maintenance from $10 to $15 per day.
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Report on Transportation Needs
Promulgation of Regulations by Director
Director to promulgate regulations effectuating increases in reimbursement for expenses, see section 6 of
Section Referred to in Other Sections
This section is referred to in
§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
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§10, 523a, 523b, (Mar. 3, 1911, ch. 231, §6,
Section consolidates and simplifies
The revised section enlarges scope of
The provisions in
The provision of
A similar provision with respect to records of United States attorneys and marshals was omitted as superseded by
Substantial changes were made in phraseology and arrangement.
References in Text
Amendments
1978—
Section Referred to in Other Sections
This section is referred to in
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §126 (Mar. 3, 1887, ch. 373, §7,
A provision referring to circuit court employees as of December 21, 1911, was omitted as obsolete.
Changes in phraseology were made.
Amendments
1998—
Effective Date of 1998 Amendment
Section Referred to in Other Sections
This section is referred to in
§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,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§264, 385,
Section consolidates provisions of
The provision of
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 Referred to in Other Sections
This section is referred to in
§460. Application to other courts
(a) Sections 452 through 459 and
(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,
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
Amendments
1992—Subsec. (a).
1982—
1978—
1958—
1951—Act Oct. 31, 1951, inserted ", Guam" in section catchline, and inserted reference to the District Court of Guam in text.
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 9 section 203; title 16 sections 1540, 3375, 4912; title 19 section 3473; title 20 section 290i–7; title 22 sections 283gg, 285f, 290g–6, 290k–9, 290k–11, 290m, 1650a; title 33 section 1479.
§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
(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
(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
References in Text
The General Schedule, referred to in subsec. (a), is set out under
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a)(1), is section 704(a)(1) of
Amendments
1994—Subsec. (a).
1990—Subsec. (a).
1989—Subsec. (a).
Effective Date of 1994 Amendment
Section 101 of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Salary Adjustments
For purposes of section 140 of
Specific Congressional Authorization Required for Salary Increases for Federal Judges and Justices of the Supreme Court
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
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
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
1979—Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
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
1977 Comparability Adjustment Not Effective for Justices, Judges, Commissioners, and Referees
Section Referred to in Other Sections
This section is referred to in
§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
Amendments
1992—Subsec. (d).
1988—Subsec. (c).
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1982, see section 402 of
Section Referred to in Other Sections
This section is referred to in
§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
(Added
Effective Date
Section effective Oct. 1, 1982, see section 402 of
CHAPTER 23 —CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS
§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
Amendments
1991—
Congressional Statement of Findings
Section 102 of
"(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."
Implementation of Plans
Section 103(b), (c) of
"(b)
"(2)(A) The requirements set forth in
"(B) The requirements set forth in
"(c)
"(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
"(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) [
"(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
"(C) the report prepared in accordance with paragraph (3) of this subsection."
Demonstration Program
Section 104 of
"(a)
"(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)
"(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)
"(d)
Pilot Program
Section 105 of
"(a)
"(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)
"(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)
"(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
"(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
"(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
§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
(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
(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
Section Referred to in Other Sections
This section is referred to in
§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
(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
(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
(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
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.
Section Referred to in Other Sections
This section is referred to in
§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
(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
(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
Amendments
1991—Subsec. (a)(1).
Subsec. (a)(2).
§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
(Added
§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
(Added
§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
(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
References in Text
Section 103(c) of the Civil Justice Reform Act of 1990 [
§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
(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
References in Text
The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of
Section Referred to in Other Sections
This section is referred to in
§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
(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
(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
References in Text
The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of
Sections 104 and 105 of the Civil Justice Reform Act of 1990 [
§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
§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
Section Referred to in Other Sections
This section is referred to in
§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
Change of Name
"United States magistrate judge" substituted for "United States magistrate" in text pursuant to section 321 of