US (United States) Code. Title 28. Part I. Chapter 15: Conferences and councils of judges

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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28 USC CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES

-HEAD-

CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES

-MISC1-

Sec.

331. Judicial Conference of the United States.

332. Judicial councils of circuits.

333. Judicial conferences of circuits.

334. Institutes and joint councils on sentencing.

335. Judicial Conference of the Court of International

Trade.

AMENDMENTS

1986 - Pub. L. 99-466, Sec. 2(b), Oct. 14, 1986, 100 Stat. 1190,

added item 335.

1980 - Pub. L. 96-458, Sec. 2(d)(2), Oct. 15, 1980, 94 Stat.

2036, inserted "of circuits" in item 332.

1958 - Pub. L. 85-752, Sec. 2, Aug. 25, 1958, 72 Stat. 845, added

item 334.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2109 of this title.

-End-

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28 USC Sec. 331 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES

-HEAD-

Sec. 331. Judicial Conference of the United States

-STATUTE-

The Chief Justice of the United States shall summon annually the

chief judge of each judicial circuit, the chief judge of the Court

of International Trade, and a district judge from each judicial

circuit to a conference at such time and place in the United States

as he may designate. He shall preside at such conference which

shall be known as the Judicial Conference of the United States.

Special sessions of the Conference may be called by the Chief

Justice at such times and places as he may designate.

The district judge to be summoned from each judicial circuit

shall be chosen by the circuit and district judges of the circuit

and shall serve as a member of the Judicial Conference of the

United States for a term of not less than 3 successive years nor

more than 5 successive years, as established by majority vote of

all circuit and district judges of the circuit. A district judge

serving as a member of the Judicial Conference may be either a

judge in regular active service or a judge retired from regular

active service under section 371(b) of this title.

If the chief judge of any circuit, the chief judge of the Court

of International Trade, or the district judge chosen by the judges

of the circuit is unable to attend, the Chief Justice may summon

any other circuit or district judge from such circuit or any other

judge of the Court of International Trade, as the case may be.

Every judge summoned shall attend and, unless excused by the Chief

Justice, shall remain throughout the sessions of the conference and

advise as to the needs of his circuit or court and as to any

matters in respect of which the administration of justice in the

courts of the United States may be improved.

The Conference shall make a comprehensive survey of the condition

of business in the courts of the United States and prepare plans

for assignment of judges to or from circuits or districts where

necessary. It shall also submit suggestions and recommendations to

the various courts to promote uniformity of management procedures

and the expeditious conduct of court business. The Conference is

authorized to exercise the authority provided in chapter 16 of this

title as the Conference, or through a standing committee. If the

Conference elects to establish a standing committee, it shall be

appointed by the Chief Justice and all petitions for review shall

be reviewed by that committee. The Conference or the standing

committee may hold hearings, take sworn testimony, issue subpoenas

and subpoenas duces tecum, and make necessary and appropriate

orders in the exercise of its authority. Subpoenas and subpoenas

duces tecum shall be issued by the clerk of the Supreme Court or by

the clerk of any court of appeals, at the direction of the Chief

Justice or his designee and under the seal of the court, and shall

be served in the manner provided in rule 45(c) of the Federal Rules

of Civil Procedure for subpoenas and subpoenas duces tecum issued

on behalf of the United States or an officer or any agency thereof.

The Conference may also prescribe and modify rules for the exercise

of the authority provided in chapter 16 of this title. All judicial

officers and employees of the United States shall promptly carry

into effect all orders of the Judicial Conference or the standing

committee established pursuant to this section.

The Conference shall also carry on a continuous study of the

operation and effect of the general rules of practice and procedure

now or hereafter in use as prescribed by the Supreme Court for the

other courts of the United States pursuant to law. Such changes in

and additions to those rules as the Conference may deem desirable

to promote simplicity in procedure, fairness in administration, the

just determination of litigation, and the elimination of

unjustifiable expense and delay shall be recommended by the

Conference from time to time to the Supreme Court for its

consideration and adoption, modification or rejection, in

accordance with law.

The Judicial Conference shall review rules prescribed under

section 2071 of this title by the courts, other than the Supreme

Court and the district courts, for consistency with Federal law.

The Judicial Conference may modify or abrogate any such rule so

reviewed found inconsistent in the course of such a review.

The Attorney General shall, upon request of the Chief Justice,

report to such Conference on matters relating to the business of

the several courts of the United States, with particular reference

to cases to which the United States is a party.

The Chief Justice shall submit to Congress an annual report of

the proceedings of the Judicial Conference and its recommendations

for legislation.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 902; July 9, 1956, ch. 517, Sec.

1(d), 70 Stat. 497; Pub. L. 85-202, Aug. 28, 1957, 71 Stat. 476;

Pub. L. 85-513, July 11, 1958, 72 Stat. 356; Pub. L. 87-253, Secs.

1, 2, Sept. 19, 1961, 75 Stat. 521; Pub. L. 95-598, title II, Sec.

208, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96-458, Sec. 4, Oct. 15,

1980, 94 Stat. 2040; Pub. L. 97-164, title I, Sec. 111, Apr. 2,

1982, 96 Stat. 29; Pub. L. 99-466, Sec. 1, Oct. 14, 1986, 100 Stat.

1190; Pub. L. 100-702, title IV, Sec. 402(b), Nov. 19, 1988, 102

Stat. 4650; Pub. L. 104-317, title VI, Sec. 601(a), Oct. 19, 1996,

110 Stat. 3857; Pub. L. 107-273, div. C, title I, Sec. 11043(b),

Nov. 2, 2002, 116 Stat. 1855.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 218 (Sept. 14, 1922,

ch. 306, Sec. 2, 42 Stat. 838; July 5, 1937, ch. 427, 50 Stat.

473).

Provisions as to associate justice acting when Chief Justice is

disabled are omitted as unnecessary in view of section 3 of this

title giving senior associate justice power to act upon the

disability of the Chief Justice.

The provision of section 218 of title 28, U.S.C., 1940 ed., as to

traveling expenses is incorporated in section 456 of this title.

Provision as to time and place for holding conference was omitted

as unnecessary since the Chief Justice is vested with discretionary

power to designate the time and place under the language retained.

The references to "chief judge" are in harmony with other

sections of this title. (See Reviser's Note under section 136 of

this title.)

Provision for stated annual reports by the chief judge of the

district was omitted as obsolete and unnecessary in view of

sections 332 and 333 of this title.

The last paragraph is new and is inserted to authorize the

communication to Congress of information which now reaches that

body only because incorporated in the annual report of the Attorney

General.

Numerous changes were made in phraseology and arrangement.

-REFTEXT-

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.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-273 substituted "chapter 16" for "section

372(c)" in two places in fourth par.

1996 - Pub. L. 104-317 added second par. and struck out former

second par. which read as follows: "The district judge to be

summoned from each judicial circuit shall be chosen by the circuit

and district judges of the circuit at the annual judicial

conference of the circuit held pursuant to section 333 of this

title and shall serve as a member of the conference for three

successive years, except that in the year following the enactment

of this amended section the judges in the first, fourth, seventh,

and tenth circuits shall choose a district judge to serve for one

year, the judges in the second, fifth, and eighth circuits shall

choose a district judge to serve for two years and the judges in

the third, sixth, ninth, and District of Columbia circuits shall

choose a district judge to serve for three years."

1988 - Pub. L. 100-702 inserted paragraph requiring Judicial

Conference review of section 2071 rules prescribed by courts other

than Supreme court or district courts for consistency with Federal

law.

1986 - Pub. L. 99-466, Sec. 1(a), inserted ", the chief judge of

the Court of International Trade," and substituted "Conference may"

for "conference may" in first par.

Pub. L. 99-466, Sec. 1(b), inserted ", the chief judge of the

Court of International Trade," and "or any other judge of the Court

of International Trade, as the case may be" in first sentence of

third par.

Pub. L. 99-466, Sec. 1(c), substituted "Conference" for

"conference" in sixth par.

1982 - Pub. L. 97-164, in first par., struck out references to

the chief judge of the Court of Claims and to the chief judge of

the Court of Customs and Patent Appeals in the enumeration of

judges which the Chief Justice must summon each year for a

conference and, in third par., struck out provision that authorized

the Chief Justice to summon an associate judge of the Court of

Claims or the Court of Customs and Patent Appeals if the chief

judge of either of those courts could not attend.

1980 - Pub. L. 96-458, in fourth par., substituted "It shall also

submit suggestions and recommendations to the various courts to

promote uniformity of management procedures and the expeditious

conduct of court business." for "and shall submit suggestions to

the various courts, in the interest of uniformity and expedition of

business.", and inserted provisions relating to exercise of

authority under section 372(c) as the Conference or through

standing committee, the holding of hearings, taking of testimony,

and the issuance of subpoenas pursuant to rule 45(c) of the Federal

Rules of Civil Procedure.

1978 - Pub. L. 95-598 directed the amendment of section by

inserting references to bankruptcy judges, which amendment did not

become effective pursuant to section 402(b) of Pub. L. 95-598, as

amended, set out as an Effective Date note preceding section 101 of

Title 11, Bankruptcy.

1961 - Pub. L. 87-253 provided for the summoning to the judicial

conference of the chief judge of the Court of Customs and Patent

Appeals, and if he is unable to attend, for the summoning of an

associate judge of such court.

1958 - Pub. L. 85-513 inserted paragraph requiring a continuous

study of the operation and effect of the general rules of practice

and procedure.

1957 - Pub. L. 85-202 provided generally in first three

paragraphs for the representation of district judges on the

Judicial Conference.

1956 - Act July 9, 1956, inserted provisions relating to

participation of Court of Claims judges.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section

407 of Pub. L. 100-702, set out as a note under section 2071 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 4 of Pub. L. 99-466 provided that: "This Act and the

amendments made by this Act [enacting section 335 of this title,

amending this section and section 569 of this title, renumbering

section 873 of this title as 872, and repealing former section 872

of this title] shall take effect 60 days after the date of the

enactment of this Act [Oct. 14, 1986]."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 7 of Pub. L. 96-458 provided that: "This Act [amending

this section and sections 332, 372, and 604 of this title and

enacting provisions set out as notes under this section and section

1 of this title] shall become effective on October 1, 1981."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to requirement that the Chief Justice submit to

Congress an annual report of proceedings of the Judicial Conference

and recommendations for legislation, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and page 13 of House Document No. 103-7.

POLICIES, PROCEDURES, AND METHODOLOGIES USED IN RECOMMENDATION FOR

CREATION OF ADDITIONAL FEDERAL JUDGESHIPS; STUDY BY GENERAL

ACCOUNTING OFFICE AND REPORT TO CONGRESS

Pub. L. 101-650, title II, Sec. 205, Dec. 1, 1990, 104 Stat.

5103, provided that:

"(a) In General. - The Comptroller General of the United States

shall review the policies, procedures, and methodologies used by

the Judicial Conference of the United States in recommending to the

Congress the creation of additional Federal judgeships. In

conducting such review the Comptroller General shall, at a minimum,

determine the extent to which such policies, procedures, and

methodologies -

"(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) Report to Congress. - The Comptroller General shall, not

later than 18 months after the date of the enactment of this Act

[Dec. 1, 1990], report the results of the review conducted under

subsection (a) to the Committees on the Judiciary of the House of

Representatives and the Senate. The report shall include such

recommendations as the Comptroller General considers appropriate

for revisions of the policies, procedures, and methodologies used

by the Judicial Conference that were reviewed in the report."

FEDERAL COURTS STUDY COMMITTEE

Title I of Pub. L. 100-702, known as the "Federal Courts Study

Act", established within the Judicial Conference of the United

States, a Federal Courts Study Committee on the future of the

Federal Judiciary, which was directed to examine problems and

issues currently facing the courts of the United States, develop a

long-range plan for the future of the Federal Judiciary, including

assessments involving alternative methods of dispute resolution,

the structure and administration of the Federal court system,

methods of resolving intracircuit and intercircuit conflicts in the

courts of appeals, and the types of disputes resolved by the

Federal courts, and to submit, within 15 months after Jan. 1, 1989,

a report to the Judicial Conference of the United States, the

President, the Congress, the Conference of Chief Justices, and the

State Justice Institute on the revisions, if any, in the laws of

the United States which the Committee, based on its study and

evaluation, deemed advisable, and further provided for membership

of the Committee, duties, powers and functions, compensation of

members, appropriations, and expiration of the Committee 60 days

after submission of report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 356, 357, 359, 360, 372

of this title; title 42 section 10608.

-End-

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28 USC Sec. 332 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES

-HEAD-

Sec. 332. Judicial councils of circuits

-STATUTE-

(a)(1) The chief judge of each judicial circuit shall call, at

least twice in each year and at such places as he or she may

designate, a meeting of the judicial council of the circuit,

consisting of the chief judge of the circuit, who shall preside,

and an equal number of circuit judges and district judges of the

circuit, as such number is determined by majority vote of all such

judges of the circuit in regular active service.

(2) Members of the council shall serve for terms established by a

majority vote of all judges of the circuit in regular active

service.

(3) Except for the chief judge of the circuit, either judges in

regular active service or judges retired from regular active

service under section 371(b) of this title may serve as members of

the council. Service as a member of a judicial council by a judge

retired from regular active service under section 371(b) may not be

considered for meeting the requirements of section 371(f)(1)(A),

(B), or (C).(!1)

(4) No more than one district judge from any one district shall

serve simultaneously on the council, unless at least one district

judge from each district within the circuit is already serving as a

member of the council.

(5) In the event of the death, resignation, retirement under

section 371(a) or 372(a) of this title, or disability of a member

of the council, a replacement member shall be designated to serve

the remainder of the unexpired term by the chief judge of the

circuit.

(6) Each member of the council shall attend each council meeting

unless excused by the chief judge of the circuit.

(b) The council shall be known as the Judicial Council of the

circuit.

(c) The chief judge shall submit to the council the semiannual

reports of the Director of the Administrative Office of the United

States Courts. The council shall take such action thereon as may be

necessary.

(d)(1) Each judicial council shall make all necessary and

appropriate orders for the effective and expeditious administration

of justice within its circuit. Any general order relating to

practice and procedure shall be made or amended only after giving

appropriate public notice and an opportunity for comment. Any such

order so relating shall take effect upon the date specified by such

judicial council. Copies of such orders so relating shall be

furnished to the Judicial Conference and the Administrative Office

of the United States Courts and be made available to the public.

Each council is authorized to hold hearings, to take sworn

testimony, and to issue subpoenas and subpoenas duces tecum.

Subpoenas and subpoenas duces tecum shall be issued by the clerk of

the court of appeals, at the direction of the chief judge of the

circuit or his designee and under the seal of the court, and shall

be served in the manner provided in rule 45(c) of the Federal Rules

of Civil Procedure for subpoenas and subpoenas duces tecum issued

on behalf of the United States or an officer or agency thereof.

(2) All judicial officers and employees of the circuit shall

promptly carry into effect all orders of the judicial council. In

the case of failure to comply with an order made under this

subsection or a subpoena issued under chapter 16 of this title, a

judicial council or a special committee appointed under section 353

of this title may institute a contempt proceeding in any district

court in which the judicial officer or employee of the circuit who

fails to comply with the order made under this subsection shall be

ordered to show cause before the court why he or she should not be

held in contempt of court.

(3) Unless an impediment to the administration of justice is

involved, regular business of the courts need not be referred to

the council.

(4) Each judicial council shall periodically review the rules

which are prescribed under section 2071 of this title by district

courts within its circuit for consistency with rules prescribed

under section 2072 of this title. Each council may modify or

abrogate any such rule found inconsistent in the course of such a

review.

(e) The judicial council of each circuit may appoint a circuit

executive. In appointing a circuit executive, the judicial council

shall take into account experience in administrative and executive

positions, familiarity with court procedures, and special training.

The circuit executive shall exercise such administrative powers and

perform such duties as may be delegated to him by the circuit

council. The duties delegated to the circuit executive of each

circuit may include but need not be limited to:

(1) Exercising administrative control of all nonjudicial

activities of the court of appeals of the circuit in which he is

appointed.

(2) Administering the personnel system of the court of appeals of

the circuit.

(3) Administering the budget of the court of appeals of the

circuit.

(4) Maintaining a modern accounting system.

(5) Establishing and maintaining property control records and

undertaking a space management program.

(6) Conducting studies relating to the business and

administration of the courts within the circuit and preparing

appropriate recommendations and reports to the chief judge, the

circuit council, and the Judicial Conference.

(7) Collecting, compiling, and analyzing statistical data with a

view to the preparation and presentation of reports based on such

data as may be directed by the chief judge, the circuit council,

and the Administrative Office of the United States Courts.

(8) Representing the circuit as its liaison to the courts of the

various States in which the circuit is located, the marshal's

office, State and local bar associations, civic groups, news media,

and other private and public groups having a reasonable interest in

the administration of the circuit.

(9) Arranging and attending meetings of the judges of the circuit

and of the circuit council, including preparing the agenda and

serving as secretary in all such meetings.

(10) Preparing an annual report to the circuit and to the

Administrative Office of the United States Courts for the preceding

calendar year, including recommendations for more expeditious

disposition of the business of the circuit.

All duties delegated to the circuit executive shall be subject to

the general supervision of the chief judge of the circuit.

(f)(1) Each circuit executive shall be paid at a salary to be

established by the Judicial Conference of the United States not to

exceed the annual rate of level IV of the Executive Schedule pay

rates under section 5315 of title 5.

(2) The circuit executive shall serve at the pleasure of the

judicial council of the circuit.

(3) The circuit executive may appoint, with the approval of the

council, necessary employees in such number as may be approved by

the Director of the Administrative Office of the United States

Courts.

(4) The circuit executive and his staff shall be deemed to be

officers and employees of the judicial branch of the United States

Government within the meaning of subchapter III of chapter 83

(relating to civil service retirement), chapter 87 (relating to

Federal employees' life insurance program), and chapter 89

(relating to Federal employees' health benefits program) of title

5, United States Code.

(g) No later than January 31 of each year, each judicial council

shall submit a report to the Administrative Office of the United

States Courts on the number and nature of orders entered under this

section during the preceding calendar year that relate to judicial

misconduct or disability.

(h)(1) The United States Court of Appeals for the Federal Circuit

may appoint a circuit executive, who shall serve at the pleasure of

the court. In appointing a circuit executive, the court shall take

into account experience in administrative and executive positions,

familiarity with court procedures, and special training. The

circuit executive shall exercise such administrative powers and

perform such duties as may be delegated by the court. The duties

delegated to the circuit executive may include the duties specified

in subsection (e) of this section, insofar as such duties are

applicable to the Court of Appeals for the Federal Circuit.

(2) The circuit executive shall be paid the salary for circuit

executives established under subsection (f) of this section.

(3) The circuit executive may appoint, with the approval of the

court, necessary employees in such number as may be approved by the

Director of the Administrative Office of the United States Courts.

(4) The circuit executive and staff shall be deemed to be

officers and employees of the United States within the meaning of

the statutes specified in subsection (f)(4).

(5) The court may appoint either a circuit executive under this

subsection or a clerk under section 711 of this title, but not

both, or may appoint a combined circuit executive/clerk who shall

be paid the salary of a circuit executive.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 902; Pub. L. 88-176, Sec. 3, Nov.

13, 1963, 77 Stat. 331; Pub. L. 91-647, Jan. 5, 1971, 84 Stat.

1907; Pub. L. 95-598, title II, Sec. 209, Nov. 6, 1978, 92 Stat.

2661; Pub. L. 96-458, Sec. 2(a)-(d)(1), Oct. 15, 1980, 94 Stat.

2035, 2036; Pub. L. 100-459, title IV, Sec. 407, Oct. 1, 1988, 102

Stat. 2213; Pub. L. 100-702, title IV, Sec. 403(a)(2), (b), title

X, Secs. 1018, 1020(a)(1), Nov. 19, 1988, 102 Stat. 4651, 4670,

4671; Pub. L. 101-650, title III, Secs. 323, 325(b)(1), title IV,

Sec. 403, Dec. 1, 1990, 104 Stat. 5120, 5121, 5124; Pub. L.

102-198, Sec. 1, Dec. 9, 1991, 105 Stat. 1623; Pub. L. 104-317,

title II, Sec. 208, Oct. 19, 1996, 110 Stat. 3851; Pub. L. 106-518,

title II, Sec. 205, title III, Sec. 306, Nov. 13, 2000, 114 Stat.

2414, 2418; Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 306],

Dec. 21, 2000, 114 Stat. 2762, 2762A-85; Pub. L. 107-273, div. C,

title I, Sec. 11043(c), Nov. 2, 2002, 116 Stat. 1855.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 448 (Mar. 3, 1911, ch.

231, Sec. 306, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat.

1223).

The final sentence of section 448 of title 28, U.S.C., 1940 ed.,

excepting from the operation of said section the provisions of

existing law as to assignment of district judges outside their

districts, was omitted as surplusage, since there is nothing in

this section in conflict with section 292 of this title providing

for such assignments.

The requirement for attendance of circuit judges, unless excused

by the chief judge, was included in conformity with a similar

provision of section 331 of this title.

Changes in phraseology were made.

-REFTEXT-

REFERENCES IN TEXT

Section 371(f) of this title, referred to in subsec. (a)(3), was

redesignated section 371(e) of this title by Pub. L. 106-398, Sec.

1[[div. A], title VI, Sec. 654(a)(1)(B)], Oct. 30, 2000, 114 Stat.

1654, 1654A-165.

The Federal Rules of Civil Procedure, referred to in subsec.

(d)(1), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (d)(2). Pub. L. 107-273, Sec. 11043(c)(1),

substituted "chapter 16 of this title" for "section 372(c) of this

title" and "section 353 of this title" for "section 372(c)(4) of

this title".

Subsec. (h). Pub. L. 107-273, Sec. 11043(c)(2), struck out

subsec. (h) as added by Pub. L. 106-553, which read as follows:

"(h)(1) The United States Court of Appeals for the Federal

Circuit may appoint a circuit executive, who shall serve at the

pleasure of the court. In appointing a circuit executive, the court

shall take into account experience in administrative and executive

positions, familiarity with court procedures, and special training.

The circuit executive shall exercise such administrative powers and

perform such duties as may be delegated by the court. The duties

delegated to the circuit executive may include but need not be

limited to the duties specified in subsection (e) of this section,

insofar as they are applicable to the Court of Appeals for the

Federal Circuit.

"(2) The circuit executive shall be paid the salary for circuit

executives established under subsection (f) of this section.

"(3) The circuit executive may appoint, with the approval of the

court, necessary employees in such number as may be approved by the

Director of the Administrative Office of the United States Courts.

"(4) The circuit executive and staff shall be deemed to be

officers and employees of the United States within the meaning of

the statutes specified in subsection (f)(4).

"(5) The court may appoint either a circuit executive under this

subsection or a clerk under section 711 of this title, but not

both, or may appoint a combined circuit executive/clerk who shall

be paid the salary of a circuit executive."

2000 - Subsec. (a)(3). Pub. L. 106-518, Sec. 205(1), added par.

(3) and struck out former par. (3) which read as follows: "Only

circuit and district judges in regular active service shall serve

as members of the council."

Subsec. (a)(5). Pub. L. 106-518, Sec. 205(2), substituted

"retirement under section 371(a) or 372(a) of this title," for

"retirement,".

Subsec. (h). Pub. L. 106-553 added subsec. (h) relating to

circuit executive for United States Court of Appeals for the

Federal Circuit, set out second.

Pub. L. 106-518, Sec. 306, added subsec. (h) relating to circuit

executive for United States Court of Appeals for the Federal

Circuit, set out first.

1996 - Subsec. (g). Pub. L. 104-317 added subsec. (g).

1991 - Subsec. (a)(1). Pub. L. 102-198 substituted "such number"

for "such member" and "service" for "services".

1990 - Subsec. (a)(1). Pub. L. 101-650, Sec. 323(a), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "The

chief judge of each judicial circuit shall call, at least twice in

each year and at such places as he may designate, a meeting of the

judicial council of the circuit, consisting of -

"(A) the chief judge of the circuit, who shall preside;

"(B) that number of circuit judges fixed by majority vote of

all such judges in regular active service; and

"(C) that number of district judges of the circuit fixed by

majority vote of all circuit judges in regular active service,

except that -

"(i) if the number of circuit judges fixed in accordance with

subparagraph (B) of this paragraph is less than six, the number

of district judges fixed in accordance with this subparagraph

shall be no less than two; and

"(ii) if the number of circuit judges fixed in accordance

with subparagraph (B) of this paragraph is six or more, the

number of district judges fixed in accordance with this

subparagraph shall be no less than three."

Subsec. (a)(3) to (7). Pub. L. 101-650, Sec. 323(b), redesignated

pars. (4) to (7) as (3) to (6), respectively, and struck out former

par. (3) which read as follows: "The number of circuit and district

judges fixed in accordance with paragraphs (1)(B) and (1)(C) of

this subsection shall be set by order of the court of appeals for

the circuit no less than six months prior to a scheduled meeting of

the council so constituted."

Subsec. (d)(2). Pub. L. 101-650, Sec. 403, inserted at end "In

the case of failure to comply with an order made under this

subsection or a subpoena issued under section 372(c) of this title,

a judicial council or a special committee appointed under section

372(c)(4) of this title may institute a contempt proceeding in any

district court in which the judicial officer or employee of the

circuit who fails to comply with the order made under this

subsection shall be ordered to show cause before the court why he

or she should not be held in contempt of court."

Subsec. (f)(1). Pub. L. 101-650, Sec. 325(b)(1), substituted

"under section 5315 of title 5" for "(5 U.S.C. 5316)".

1988 - Subsec. (c). Pub. L. 100-702, Sec. 1020(a)(1), substituted

"semiannual" for "semi-annually".

Subsec. (d)(1). Pub. L. 100-702, Sec. 403(b), inserted after

first sentence "Any general order relating to practice and

procedure shall be made or amended only after giving appropriate

public notice and an opportunity for comment. Any such order so

relating shall take effect upon the date specified by such judicial

council. Copies of such orders so relating shall be furnished to

the Judicial Conference and the Administrative Office of the United

States Courts and be made available to the public."

Subsec. (d)(4). Pub. L. 100-702, Sec. 403(a)(2), added par. (4).

Subsec. (e). Pub. L. 100-702, Sec. 1018(1), substituted

"executive. In appointing a circuit executive, the judicial council

shall take into account experience in administrative and executive

positions, familiarity with court procedures, and special

training." for "executive from among persons who shall be certified

by the Board of Certification." in first sentence.

Subsec. (f). Pub. L. 100-702, Sec. 1018(2), designated last four

undesignated pars. as pars. (1) to (4), respectively, and struck

out former first undesignated par. which related to establishment,

functions, and staffing of Board of Certification and setting

standards for certification as qualified to be circuit executive.

Pub. L. 100-459 substituted "level IV" for "level V".

1980 - Pub. L. 96-458, Sec. 2(d)(1), substituted "Judicial

councils of circuits" for "Judicial councils" in section catchline.

Subsec. (a). Pub. L. 96-458, Sec. 2(a), in par. (1) designated

existing provisions as introductory provision and in such

introductory provision substituted "each judicial circuit" for

"each circuit", substituted "a meeting of the judicial council of

the circuit, consisting of - " for "a council of the circuit judges

for the circuit, in regular active service, at which he shall

preside. Each circuit judge, unless excused by the chief judge,

shall attend all sessions of the council.", and added subpars. (A)

to (C) and pars. (2) to (7).

Subsec. (c). Pub. L. 96-458, Sec. 2(b), substituted

"semiannually" for "quarterly".

Subsec. (d). Pub. L. 96-458, Sec. 2(c), amended subsec. (d)

generally, designating existing provisions as par. (1), inserting

"and appropriate" after "all necessary", substituting "justice

within its circuit" for "the business of the courts within its

circuit", striking out "The district judges shall promptly carry

into effect all orders of the judicial council." after "within its

circuit.", inserting provisions relating to the holding of

hearings, taking of testimony, the issuance of subpoenas and

service thereof under the Federal Rules of Civil Procedure, and

adding pars. (2) and (3).

1978 - Subsec. (d). Pub. L. 95-598 directed the amendment of

subsec. (d) by inserting "and bankruptcy judges" after "The

district judges", which amendment did not become effective pursuant

to section 402(b) of Pub. L. 95-598, as amended, set out as an

Effective Date note preceding section 101 of Title 11, Bankruptcy.

1971 - Pub. L. 91-647 designated existing four paragraphs as

subsecs. (a), (b), (c), and (d), respectively, and added subsecs.

(e) and (f).

1963 - Pub. L. 88-176 inserted "regular" before "active service"

in first sentence.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 407 of Pub. L. 101-650 provided that: "The amendments

made by this subtitle [subtitle I (Secs. 402-407) of title IV of

Pub. L. 101-650, amending this section, sections 372, 453, and 2077

of this title, and provisions set out in the Appendix to Title 5,

Government Organization and Employees] shall take effect 90 days

after the date of the enactment of this Act [Dec. 1, 1990]."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 403(a)(2), (b) of Pub. L. 100-702 effective

Dec. 1, 1988, see section 407 of Pub. L. 100-702, set out as a note

under section 2071 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7

of Pub. L. 96-458, set out as a note under section 331 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 356, 372 of this title;

title 5 section 5307.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

28 USC Sec. 333 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES

-HEAD-

Sec. 333. Judicial conferences of circuits

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 903; Dec. 29, 1950, ch. 1185, 64

Stat. 1128; Oct. 31, 1951, ch. 655, Sec. 38, 65 Stat. 723; Pub. L.

85-508, Sec. 12(e), July 7, 1958, 72 Stat. 348; Pub. L. 95-598,

title II, Sec. 210, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 101-650,

title III, Sec. 320, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104-134,

title I, Sec. 101[(a)] [title III, Sec. 305], Apr. 26, 1996, 110

Stat. 1321, 1321-36; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 449, 450 (Mar. 3,

1911, ch. 231, Secs. 307, 308, as added Aug. 7, 1939, ch. 501, Sec.

1, 53 Stat. 1223).

Section consolidates parts of sections 449 and 450 of title 28,

U.S.C., 1940 ed.

Said section 450 contained definitions of "courts" and

"continental United States," and directions that sections 444-450

of title 28, U.S.C., 1940 ed., relating to the administration of

United States courts, should apply to the courts of appeals, the

United States Court of Appeals for the District of Columbia and to

the several enumerated district courts of the United States,

including those in the Territories and Possessions as well as the

Court of Claims, Court of Customs and Patent Appeals, and Customs

Court. It also provided that the Chief Justice and associate

justices of the Court of Appeals for the District of Columbia

should have the powers of the senior judge and circuit judges,

respectively, of a circuit court of appeals.

The revised section omits, as surplusage, the definition of

"continental United States." Other provisions of section 450 of

title 28, U.S.C., 1940 ed., referred to were omitted as unnecessary

in view of section 604 of this title which provides for the powers

and duties of the Director of the Administrative Office of the

United States Courts. Remaining provisions of said section 450 are

incorporated in said section 604 and section 610 of this title.

The provision as to travel and subsistence which was contained in

said section 449 of title 28, U.S.C., 1940 ed., is incorporated in

section 456 of this title.

AMENDMENTS

1996 - Pub. L. 104-134, Sec. 101[(a)] [title III, Sec. 305(1)],

in first par. substituted "may" for "shall" before "summon

biennially", "preside at such", and "also be summoned".

Pub. L. 104-134, Sec. 101[(a)] [title III, Sec. 305(2)], in

second par. substituted "may" for "shall" before "attend" and

struck out ", and unless excused by the chief judge, shall remain

throughout the conference" before period at end.

1990 - Pub. L. 101-650 substituted "biennially, and may summon

annually," for "annually", struck out "the United States District

Court for the District of the Canal Zone," after "The judges of",

and substituted "the District Court of the Virgin Islands, and the

District Court of the Northern Mariana Islands shall also be

summoned biennially, and may be summoned annually," for "and the

District Court of the Virgin Islands shall also be summoned

annually".

1978 - Pub. L. 95-598 inserted reference to bankruptcy judges.

1958 - Pub. L. 85-508 struck out provisions which required judge

of District Court for Territory of Alaska to be summoned annually

to the conference of his circuit. See section 81A of this title

which establishes a United States District Court for the State of

Alaska.

1951 - Act Oct. 31, 1951, inserted reference to judge of District

Court of Guam in first par.

1950 - Act Dec., 29, 1950, provided for the presence of judges of

District Courts of Alaska, Canal Zone, and the Virgin Islands at

annual conferences within their respective circuits.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(c) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission

of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959,

24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of

Pub. L. 85-508, see notes set out under section 81A of this title

and preceding section 21 of Title 48, Territories and Insular

Possessions.

-TRANS-

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-End-

-CITE-

28 USC Sec. 334 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES

-HEAD-

Sec. 334. Institutes and joint councils on sentencing

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 85-752, Sec. 1, Aug. 25, 1958, 72 Stat. 845.)

-MISC1-

SENTENCING PROCEDURES

Section 7 of Pub. L. 85-752 provided that: "This Act [enacting

this section, sections 4208 and 4209 of Title 18, Crimes and

Criminal Procedure, and provisions set out as a note under section

4208 of Title 18] does not apply to any offense for which there is

provided a mandatory penalty."

-End-

-CITE-

28 USC Sec. 335 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 15 - CONFERENCES AND COUNCILS OF JUDGES

-HEAD-

Sec. 335. Judicial Conference of the Court of International Trade

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 99-466, Sec. 2(a), Oct. 14, 1986, 100 Stat. 1190.)

-MISC1-

EFFECTIVE DATE

Section effective 60 days after Oct. 14, 1986, see section 4 of

Pub. L. 99-466, set out as an Effective Date of 1986 Amendment note

under section 331 of this title.

-End-