US (United States) Code. Title 28. Part I: Organization of courts. Chapter 5: District courts

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

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-CITE-

28 USC CHAPTER 5 - DISTRICT COURTS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

CHAPTER 5 - DISTRICT COURTS

-MISC1-

Sec.

81. Alabama.

81A. Alaska.

82. Arizona.

83. Arkansas.

84. California.

85. Colorado.

86. Connecticut.

87. Delaware.

88. District of Columbia.

89. Florida.

90. Georgia.

91. Hawaii.

92. Idaho.

93. Illinois.

94. Indiana.

95. Iowa.

96. Kansas.

97. Kentucky.

98. Louisiana.

99. Maine.

100. Maryland.

101. Massachusetts.

102. Michigan.

103. Minnesota.

104. Mississippi.

105. Missouri.

106. Montana.

107. Nebraska.

108. Nevada.

109. New Hampshire.

110. New Jersey.

111. New Mexico.

112. New York.

113. North Carolina.

114. North Dakota.

115. Ohio.

116. Oklahoma.

117. Oregon.

118. Pennsylvania.

119. Puerto Rico.

120. Rhode Island.

121. South Carolina.

122. South Dakota.

123. Tennessee.

124. Texas.

125. Utah.

126. Vermont.

127. Virginia.

128. Washington.

129. West Virginia.

130. Wisconsin.

131. Wyoming.

132. Creation and composition of district courts.

133. Appointment and number of district judges.

134. Tenure and residence of district judges.

135. Salaries of district judges.

136. Chief judges; precedence of district judges.

137. Division of business among district judges.

138. Terms abolished.

139. Times for holding regular sessions.

140. Adjournment.

141. Special sessions; places; notice.

[142. Repealed.]

143. Vacant judgeship as affecting proceedings.

144. Bias or prejudice of judge.

HISTORICAL AND REVISION NOTES

Sections 81-131 of this chapter show the territorial composition

of districts and divisions by counties as of January 1, 1945. All

references to dates were omitted as unnecessary.

All references to fixed terms of holding court were also omitted

in order to vest in each district court a wider discretion and

greater flexibility in the disposition of its business. Such times

will now be determined by rule of court rather than by statute. See

sections 138 and 141 of this title.

AMENDMENTS

1982 - Pub. L. 97-164, title I, Sec. 115(c)(3), Apr. 2, 1982, 96

Stat. 32, struck out item 142 "Accommodations at places for holding

court".

1963 - Pub. L. 88-139, Sec. 3(a), Oct. 16, 1963, 77 Stat. 248,

substituted "Terms abolished" for "Times for holding regular terms"

in item 138, "Times for holding regular sessions" for "Term

continued until terminated" in item 139, and "sessions" for "terms"

in item 141.

1958 - Pub. L. 85-508, Sec. 12(a), July 7, 1958, 72 Stat. 348,

added item 81A.

SHORT TITLE OF 1978 AMENDMENT

For short title of Pub. L. 95-408, Oct. 2, 1978, 92 Stat. 883, as

"Federal District Court Organization Act of 1978", see note set out

under section 1 of this title.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 451, 1827, 1869 of this

title; title 18 section 3006A; title 22 section 1623.

-End-

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28 USC Sec. 81 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 81. Alabama

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 873; Pub. L. 87-36, Sec. 3(a),

May 19, 1961, 75 Stat. 83.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed. Sec. 142 (Mar. 3, 1911, ch.

231, Sec. 70, 36 Stat. 1105; Feb. 28, 1913, ch. 89, 37 Stat. 698;

June 27, 1922, ch. 247, 42 Stat. 667).

Provisions relating to the places for the maintenance of the

clerks' offices were omitted as covered by section 751 of this

title, providing that deputy clerks may be designated to reside and

maintain offices at such places for holding court as the judge may

determine.

Provisions that the offices of the court shall be kept open at

all times were omitted as covered by section 452 of this title.

A provision requiring the district judge for the northern

district to reside at Birmingham was omitted as incongruous with

section 134 of this title, requiring every district judge to reside

within the district for which he is appointed. Likewise the

provision of section 142 of title 28, U.S.C., 1940 ed., requiring

the court to remain in session at Birmingham at least 6 months in

each calendar year was omitted as unnecessary and not in harmony

with provisions respecting other districts.

The provisions for furnishing rooms and accommodations at

Florence, Gadsden, Jasper and Opelika were omitted as obsolete upon

advice of the Director of the Administrative Office of the United

States Courts that Federal accommodations are now available in each

of these places.

Changes in arrangement and phraseology were made.

AMENDMENTS

1961 - Subsec. (a)(2). Pub. L. 87-36 provided for holding court

at Decatur.

-End-

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28 USC Sec. 81A 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 81A. Alaska

-STATUTE-

Alaska constitutes one judicial district.

Court shall be held at Anchorage, Fairbanks, Juneau,

Ketchikan, and Nome.

-SOURCE-

(Added Pub. L. 85-508, Sec. 12(b), July 7, 1958, 72 Stat. 348;

amended Pub. L. 86-70, Sec. 23(b), June 25, 1959, 73 Stat. 147.)

-MISC1-

AMENDMENTS

1959 - Pub. L. 86-70 inserted "Ketchikan,".

EFFECTIVE DATE OF 1959 AMENDMENT

Section 12 of Pub. L. 85-508 provided in part that this section,

and the amendments to sections 133, 333, 373, 376, 460, 610, 753,

1252, 1291, 1292, 1294, 1346, 1963, 2072, 2201 and 2410 of this

title, section 341b of Title 5, Government Organization and

Employees, and sections 3241, 3401, 3771 and 3772 of Title 18,

Crimes and Criminal Procedure, are effective on the admission of

Alaska into the Union. Admission as a State was accomplished Jan.

3, 1959 upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81,

73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508.

See notes set out preceding section 21 of Title 48, Territories and

Insular Possessions.

CONTINUATION OF SUITS

Section 13 of Pub. L. 85-508 provided that: "No writ, action,

indictment, cause, or proceeding pending in the District Court for

the Territory of Alaska on the date when said Territory shall

become a State, and no case pending in an appellate court upon

appeal from the District Court for the Territory of Alaska at the

time said Territory shall become a State, shall abate by the

admission of the State of Alaska into the Union, but the same shall

be transferred and proceeded with as hereinafter provided.

"All civil causes of action and all criminal offenses which shall

have arisen or been committed prior to the admission of said State,

but as to which no suit, action, or prosecution shall be pending at

the date of such admission, shall be subject to prosecution in the

appropriate State courts or in the United States District Court for

the District of Alaska in like manner, to the same extent, and with

like right of appellate review, as if said State had been created

and said courts had been established prior to the accrual of said

causes of action or the commission of such offenses; and such of

said criminal offenses as shall have been committed against the

laws of the Territory shall be tried and punished by the

appropriate courts of said State, and such as shall have been

committed against the laws of the United States shall be tried and

punished in the United States District Court for the District of

Alaska."

APPEALS

Section 14 of Pub. L. 85-508 provided that: "All appeals taken

from the District Court for the Territory of Alaska to the Supreme

Court of the United States or the United States Court of Appeals

for the Ninth Circuit, previous to the admission of Alaska as a

State, shall be prosecuted to final determination as though this

Act had not been passed. All cases in which final judgement has

been rendered in such district court, and in which appeals might be

had except for the admission of such State, may still be sued out,

taken, and prosecuted to the Supreme Court of the United States or

the United States Court of Appeals for the Ninth Circuit under the

provisions of then existing law, and there held and determined in

like manner; and in either case, the Supreme Court of the United

States, or the United States Court of Appeals, in the event of

reversal, shall remand the said cause to either the State supreme

court or other final appellate court of said State, or the United

States district court for said district, as the case may require:

Provided, That the time allowed by existing law for appeals from

the district court for said Territory shall not be enlarged

thereby."

TRANSFER OF CASES

Section 15 of Pub. L. 85-508 provided that: "All causes pending

or determined in the District Court for the Territory of Alaska at

the time of the admission of Alaska as a State which are of such

nature as to be within the jurisdiction of a district court of the

United States shall be transferred to the United States District

Court for the District of Alaska for final disposition and

enforcement in the same manner as is now provided by law with

reference to the judgments and decrees in existing United States

district courts. All other causes pending or determined in the

District Court for the Territory of Alaska at the time of the

admission of Alaska as a State shall be transferred to the

appropriate State court of Alaska. All final judgments and decrees

rendered upon such transferred cases in the United States District

Court for the District of Alaska may be reviewed by the Supreme

Court of the United States or by the United States Court of Appeals

for the Ninth Circuit in the same manner as is now provided by law

with reference to the judgments and decrees in existing United

States district courts."

SUCCESSION OF COURTS

Section 16 of Pub. L. 85-508 provided that: "Jurisdiction of all

cases pending or determined in the District Court for the Territory

of Alaska not transferred to the United States District Court for

the District of Alaska shall devolve upon and be exercised by the

courts of original jurisdiction created by said State, which shall

be deemed to be the successor of the District Court for the

Territory of Alaska with respect to cases not so transferred and,

as such, shall take and retain custody of all records, dockets,

journals, and files of such court pertaining to such cases. The

files and papers in all cases so transferred to the United States

district court, together with a transcript of all book entries to

complete the record in such particular cases so transferred, shall

be in like manner transferred to said district court."

PENDING CASES

Section 17 of Pub. L. 85-508 provided that: "All cases pending in

the District Court for the Territory of Alaska at the time said

Territory becomes a State not transferred to the United States

District Court for the District of Alaska shall be proceeded with

and determined by the courts created by said State with the right

to prosecute appeals to the appellate courts created by said State,

and also with the same right to prosecute appeals or writs of

certiorari from the final determination in said causes made by the

court of last resort created by such State to the Supreme Court of

the United States, as now provided by law for appeals and writs of

certiorari from the court of last resort of a State to the Supreme

Court of the United States."

TERMINATION OF JURISDICTION OF DISTRICT COURT FOR THE TERRITORY OF

ALASKA

Section 18 of Pub. L. 85-508 provided that: "The provisions of

the preceding sections with respect to the termination of the

jurisdiction of the District Court for the Territory of Alaska, the

continuation of suits, the succession of courts, and the

satisfaction of rights of litigants in suits before such courts,

shall not be effective until three years after the effective date

of this Act [see section 8(b) of Pub. L. 85-508, set out as a note

preceding section 21 of Title 48, Territories and Insular

Possessions], unless the President, by Executive order, shall

sooner proclaim that the United States District Court for the

District of Alaska, established in accordance with the provisions

of this Act, is prepared to assume the functions imposed upon it.

During such period of three years or until such Executive order is

issued, the United States District Court for the Territory of

Alaska shall continue to function as heretofore. The tenure of the

judges, the United States attorneys, marshals, and other officers

of the United States District Court for the Territory of Alaska

shall terminate at such time as that court shall cease to function

as provided in this section."

SCHEDULE OF FEES, MILEAGE, OR OTHER COMPENSATION

Section 23(c) of Pub. L. 86-70, June 25, 1959, 73 Stat. 147,

provided that: "Such authority as has been exercised by the

Attorney General heretofore, with regard to the Federal court

system in Alaska, pursuant to section 30 of the Act of June 6, 1900

(48 U.S.C. 25) shall continue to be exercised by him after the

court created by section 12(b) of the Act of July 7, 1958 (72 Stat.

339, 348) [this section], providing for the admission of the State

of Alaska into the Union, is established."

-EXEC-

EX. ORD. NO. 10867. ASSUMPTION OF FUNCTIONS BY UNITED STATES

DISTRICT COURT FOR DISTRICT OF ALASKA

Ex. Ord. No. 10867, Feb. 20, 1960, 25 F.R. 1584, provided:

WHEREAS the act of July 7, 1958, 72 Stat. 339 [set out as a note

preceding section 21 of Title 48, Territories and Insular

Possessions], relating to the admission of the State of Alaska into

the Union, provides that the United States District Court for the

Territory of Alaska shall continue to function as theretofore for a

period of three years after the effective date of that act, unless

the President, by Executive order, shall sooner proclaim that the

United States District Court for the District of Alaska,

established in accordance with the provisions of that act, is

prepared to assume the functions imposed upon it; and

WHEREAS that act further provides that its provisions relating to

the termination of the jurisdiction of the District Court for the

Territory of Alaska, the continuation of suits, the succession of

courts, and the satisfaction of the rights of litigants in suits

before such courts shall not be effective until the expiration of

the above-mentioned three-year period or until such Executive order

is issued; and that the tenure of the judges, the United States

Attorneys, Marshals, and other officers of the United States

District Court for the Territory of Alaska shall terminate at such

time as that court shall cease to function; and

WHEREAS, I have appointed, by and with the advice and consent of

the Senate, and commissioned the Honorable Walter N. Hodge to be

United States District Judge for the District of Alaska, and he has

taken his oath of office; and

WHEREAS Judge Hodge has appointed an acting United States

Attorney, an acting United States Marshal, and other court

officers; and

WHEREAS the United States District Court for the District of

Alaska is now prepared to assume the functions imposed upon it:

NOW, THEREFORE, by virtue of the authority vested in me by

section 18 of the said act of July 7, 1958 [set out above], I

hereby proclaim that the United States District Court for the

District of Alaska is prepared to assume the functions imposed upon

it. Accordingly, the jurisdiction of the District Court for the

Territory of Alaska and the tenure of the judges, the United States

Attorneys, Marshals, and other officers of that court are now

terminated.

Dwight D. Eisenhower.

-End-

-CITE-

28 USC Sec. 82 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 82. Arizona

-STATUTE-

Arizona constitutes one judicial district.

Court shall be held at Globe, Phoenix, Prescott, and Tucson.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 874.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 143 (June 20, 1910, ch.

310, Sec. 31, 36 Stat. 576; Oct. 3, 1913, ch. 17, Secs. 1, 2, 38

Stat. 203).

A provision for transfer of causes, civil or criminal, from one

place for holding court to another was omitted. Such provision, as

to civil cases, is covered by section 1404 of this title, and, as

to criminal cases, is rendered unnecessary because of inherent

power of the court and Rules 18-20 of the Federal Rules of Criminal

Procedure, relating to venue.

A provision for making an interlocutory order at any place

designated for holding court was omitted as unnecessary in view of

Federal Rules of Civil Procedure, rule 77(b).

A provision requiring the clerk to keep his office at the State

capital was omitted as covered by section 751 of this title.

Changes in arrangement and phraseology were made.

-End-

-CITE-

28 USC Sec. 83 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 83. Arkansas

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 874; Pub. L. 87-36, Sec. 5, May

19, 1961, 75 Stat. 84.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 144 (Mar. 3, 1911, ch.

231, Sec. 71, 36 Stat. 1106; Apr. 12, 1924, ch. 87, Sec. 1, 43

Stat. 90; Feb. 17, 1925, ch. 252, 43 Stat. 948; Apr. 16, 1926, ch.

147, Sec. 1, 44 Stat. 296; Apr. 21, 1926, ch. 168, 44 Stat. 304;

Feb. 7, 1928, ch. 29, Sec. 1, 45 Stat. 58; Apr. 17, 1940, ch. 100,

54 Stat. 109; June 11, 1940, ch. 321, Sec. 1, 54 Stat. 302).

A provision making inoperative the terms of the last paragraph of

this section, whenever court accommodations shall be provided in

Federal buildings was omitted as unnecessary. When such buildings

become available the Director of the Administrative Office of the

United States Courts will, under section 604 of this title, provide

court accommodations therein.

Provisions relating to places for maintenance of clerks' offices

and requiring said offices to be kept open at all times were

omitted as covered by sections 452 and 751 of this title.

The provision authorizing the referee in bankruptcy for the

western division of the eastern district to serve by appointment in

the Hot Springs division of the western district is to be

transferred to title 11, U.S.C., 1940 ed., Bankruptcy.

The provision with reference to court accommodations at

Fayetteville and Hot Springs was omitted as covered by section 142

of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1961 - Subsec. (a). Pub. L. 87-36 struck out from enumeration in

par. (1) the parish of Desha and in par. (2) the parishes of

Arkansas, Chicot, Cleveland, Dallas, Drew, Grant, Jefferson, and

Lincoln, added par. (3) consisting of such parishes, and

redesignated former par. (3) and (4) as (4) and (5), respectively.

-End-

-CITE-

28 USC Sec. 84 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 84. California

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 89-372, Sec. 3(a),

Mar. 18, 1966, 80 Stat. 75; Pub. L. 96-462, Sec. 2, Oct. 15, 1980,

94 Stat. 2053; Pub. L. 102-357, Sec. 2, Aug. 26, 1992, 106 Stat.

958.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 145 and section 76 of

title 16, Conservation (Mar. 3, 1911, ch. 231, Sec. 72, 36 Stat.

1107; May 16, 1916, ch. 122, 39 Stat. 122; June 2, 1920, ch. 218,

Sec. 2, 41 Stat. 731; Mar. 1, 1929, ch. 421, 45 Stat. 1424).

A provision relating to the place for maintenance of a clerk's

office, and requiring such office to be kept open at all times, was

omitted as covered by sections 452 and 751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-357 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "The

Central District comprises the counties of Los Angeles, Orange,

Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and

Ventura.

"Court for the Central District shall be held at Los Angeles and

Santa Ana."

1980 - Subsec. (c). Pub. L. 96-462 inserted "and Santa Ana" after

"at Los Angeles".

1966 - Pub. L. 89-372 expanded the number of judicial districts

in California from two to four by creating an Eastern and a Central

District in addition to the existing Northern and Southern

Districts, removed the provisions separating the Northern and

Southern Districts into divisions, transferred to the newly created

Eastern Division the counties of Alpine, Almador, Butte, Calaveras,

Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer,

Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano,

Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba from

the Northern District and Fresno, Inyo Kern, Kings, Madera,

Mariposa, Merced, and Tulare from the Southern District,

transferred to the newly created Central District the counties of

Los Angeles, Orange, Riverside, San Bernardino, San Louis Obispo,

Santa Barbara, and Ventura from the Southern District, substituted

Eureka, Oakland, San Francisco, and San Jose for Eureka,

Sacramento, and San Francisco as places for holding court for the

Northern District, removed Fresno and Los Angeles from the list of

places for holding court for the Southern District leaving San

Diego as the only place for holding of court in the Southern

District, and provided for the holding of court in Los Angeles for

the Central District and in Fresno, Redding, and Sacramento for the

Eastern District.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 3 of Pub. L. 102-357 provided that:

"(a) In General. - This Act [amending this section and enacting

provisions set out below] and the amendments made by this Act shall

take effect 6 months after the date of the enactment of this Act

[Aug. 26, 1992].

"(b) Pending Cases Not Affected. - This Act and the amendments

made by this Act shall not affect any action commenced before the

effective date of this Act and pending in the United States

District Court for the Central District of California on such date.

"(c) Juries Not Affected. - This Act and the amendments made by

this Act shall not affect the composition, or preclude the service,

of any grand or petit jury summoned, empaneled, or actually serving

in the Central Judicial District of California on the effective

date of this Act."

EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION

Section 7 of Pub. L. 96-462 provided that:

"(a) This Act and the amendments made by this Act [amending this

section and sections 95, 105, 113, and 124 of this title and

enacting provisions set out as notes under this section and

sections 95, 105, and 113 of this title] shall take effect on

October 1, 1981.

"(b) Nothing in this Act shall affect the composition or preclude

the service of any grand or petit juror summoned, empaneled, or

actually serving in any judicial district on the effective date of

this Act [Oct. 1, 1981]."

EFFECTIVE DATE OF 1966 AMENDMENT

Section 3(i) of Pub. L. 89-372 provided that: "The provisions of

this section [amending this section and enacting provisions set out

as a note under this section and section 133 of this title] shall

become effective six months after the date of enactment of this Act

[Mar. 18, 1966]."

CONGRESSIONAL FINDINGS CONCERNING CREATION OF THREE DIVISIONS IN

CENTRAL DISTRICT

Section 1 of Pub. L. 102-357 provided that: "The Congress makes

the following findings:

"(1) The Federal Government has the responsibility to provide

quality services which are readily accessible to the people it

serves.

"(2) The court facilities in the Central Judicial District of

California are presently inadequate, and current and projected

growth exacerbates the problem.

"(3) The population demographics of southern California have

changed dramatically over the last decade, as the center of

population shifts inland. Between 1980 and 1990, the population

of Riverside County increased 76.5 percent, and San Bernardino

County's population increased 58.5 percent, to a combined

population of 2,600,000.

"(4) In the next 15 years, the population in Riverside and San

Bernardino Counties is expected to increase again by 70 percent,

and 67 percent, respectively. By the year 2005, Riverside and San

Bernardino Counties will have 4,400,000 residents.

"(5) As a result of the population growth, the freeways

connecting the Pacific coast and the inland areas are

tremendously overburdened, and Federal offices along the coast

are no longer accessible to the residents of Riverside and San

Bernardino Counties.

"(6) The creation of 3 divisions in the Central Judicial

District of California is urgently needed to provide for the

delivery of judicial services to all areas and all residents of

the Central Judicial District of California."

STUDY OF JUDICIAL BUSINESS IN CENTRAL DISTRICT, CALIFORNIA AND

EASTERN DISTRICT, NEW YORK AND RECOMMENDATIONS FOR CREATION OF NEW

JUDICIAL DISTRICTS

Pub. L. 95-573, Sec. 5, Nov. 2, 1978, 92 Stat. 2458, required the

Director of the Administrative Office of the United States Courts

to conduct a study of the judicial business of the Central District

of California and the Eastern District of New York, within one year

of Nov. 2, 1978, and to make recommendations to Congress with

respect to the need for creation of new judicial districts.

CREATION OF EASTERN AND CENTRAL DISTRICTS: TRANSFER OF DISTRICT

JUDGES; TRANSFER AND APPOINTMENT OF UNITED STATES ATTORNEYS AND

UNITED STATES MARSHALS

Section 3(b)-(g) of Pub. L. 89-372 provided that:

"(b) The two district judges for the northern district of

California holding office on the day before the effective date of

this section [see Effective Date of 1966 Amendment note above] and

whose official station is Sacramento shall, on and after such date,

be district judges for the eastern district of California. All

other district judges for the northern district of California

holding office on the day before the effective date of this section

shall, on and after such date, be district judges for the northern

district of California.

"(c) The district judge for the southern district of California,

residing in the northern division thereof and holding office on the

day before the effective date of this section [see Effective Date

of 1966 Amendment note above], shall, on and after such date, be a

district judge for the eastern district of California. The two

district judges for the southern district of California holding

office on the day before the effective date of this section [see

Effective Date of 1966 Amendment note above], and whose official

station is San Diego shall, on and after such date, be the district

judges for the southern district of California. All other district

judges for the southern district of California holding office on

the day before the effective date of this section shall, on and

after such date, be district judges for the central district of

California.

"(d) Nothing in this Act [amending this section and sections 44

and 133 of this title and enacting provisions set out as notes

under this section and sections 44 and 133 of this title] shall in

any manner affect the tenure of office of the United States

attorney and the United States marshal for the northern district of

California who are in office on the effective date of this section

[see Effective Date of 1966 Amendment note above], and who shall be

during the remainder of their present terms of office the United

States attorney and marshal for such district as constituted by

this Act.

"(e) Nothing in this Act [amending this section and sections 44

and 133 of this title and enacting provisions set out as notes

under this section and sections 44 and 133 of this title] shall in

any manner affect the tenure of office of the United States

attorney and the United States marshal for the southern district of

California who are in office on the effective date of this section,

and who shall be during the remainder of their present terms of

office the United States attorney and marshal for the central

district of California.

"(f) The President shall appoint, by and with the advice and

consent of the Senate, a United States attorney and a United States

marshal for the southern district of California.

"(g) The President shall appoint, by and with the advice and

consent of the Senate, a United States attorney and a United States

marshal for the eastern district of California."

-End-

-CITE-

28 USC Sec. 85 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 85. Colorado

-STATUTE-

Colorado constitutes one judicial district.

Court shall be held at Boulder, Denver, Durango, Grand

Junction, Montrose, Pueblo, and Sterling.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 98-620, title IV,

Sec. 409, Nov. 8, 1984, 98 Stat. 3362.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 146 (Mar. 3, 1911, ch.

231, Sec. 73, 36 Stat. 1108; June 12, 1916, ch. 143, 39 Stat. 225;

May 29, 1924, ch. 209, 43 Stat. 243).

A provision for furnishing rooms and accommodations at Sterling

was omitted as obsolete upon advice from the Director of the

Administrative Office of the United States Courts that Federal

accommodations are now available.

A provision authorizing adjournment at Denver when there is not

business for terms at other places, is incorporated in section 138

of this title.

Provisions as to clerk's and marshal's deputies and maintenance

of offices were deleted as covered by sections 541 [see 561], 542

[see 561], and 751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1984 - Pub. L. 98-620 provided for holding court at Boulder.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 411 of Pub. L. 98-620 provided that:

"(a) The amendments made by this subtitle [subtitle B (Secs.

404-411) of title IV of Pub. L. 98-620, amending this section and

sections 90, 93, 112, 124, and 126 of this title and enacting

provisions set out as notes under sections 1, 90, 93, and 124 of

this title] shall take effect on January 1, 1985.

"(b) The amendments made by this subtitle shall not affect the

composition, or preclude the service, of any grand or petit jury

summoned, impaneled, or actually serving on the effective date of

this subtitle [Jan. 1, 1985]."

-End-

-CITE-

28 USC Sec. 86 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 86. Connecticut

-STATUTE-

Connecticut constitutes one judicial district.

Court shall be held at Bridgeport, Hartford, New Haven, New

London, and Waterbury.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 87-36, Sec. 3(b),

May 19, 1961, 75 Stat. 83; Pub. L. 89-558, Sept. 7, 1966, 80 Stat.

705.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 147 (Mar. 3, 1911, ch.

231, Sec. 74, 36 Stat. 1108; Feb. 27, 1921, ch. 74, 41 Stat. 1146;

June 15, 1933, ch. 80, 48 Stat. 148; Dec. 28, 1945, ch. 599, 59

Stat. 663).

Changes in arrangement and phraseology were made.

AMENDMENTS

1966 - Pub. L. 89-558 provided for holding court at New London.

1961 - Pub. L. 87-36 provided for holding court at Bridgeport and

Waterbury.

-End-

-CITE-

28 USC Sec. 87 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 87. Delaware

-STATUTE-

Delaware constitutes one judicial district.

Court shall be held at Wilmington.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 875.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 148 (Mar. 3, 1911, ch.

231, Sec. 75, 36 Stat. 1108).

Minor changes in phraseology were made.

-End-

-CITE-

28 USC Sec. 88 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 88. District of Columbia

-STATUTE-

The District of Columbia constitutes one judicial district.

Court shall be held at Washington.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 875.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section expressly makes the District of Columbia a judicial

district of the United States.

Section 41 of this title also makes the District of Columbia a

judicial circuit of the United States.

Section 11-305 of the District of Columbia Code, 1940 ed.,

provides that the District Court of the United States for the

District of Columbia shall possess the same powers and exercise the

same jurisdiction as the district courts of the United States, and

shall be deemed a court of the United States.

It is consonant with the ruling of the Supreme Court in

O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77

L.Ed. 1356, that the (then called) Supreme Court and Court of

Appeals of the District of Columbia are constitutional courts of

the United States, ordained and established under article III of

the Constitution, Congress enacted that the Court of Appeals "shall

hereafter be known as the United States Court of Appeals for the

District of Columbia" (Act of June 7, 1934, 48 Stat. 926); and also

changed the name of the Supreme Court of the District of Columbia

to "district court of the United States for the District of

Columbia" (Act of June 25, 1936, 49 Stat. 1921). In Federal Trade

Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed.

972, the Supreme Court ruled: "* * * The parallelism between the

Supreme Court of the District [of Columbia] and the Court of

Appeals of the District [of Columbia], on the one hand, and the

district courts of the United States and the circuit courts of

appeals, on the other, in the consideration and disposition of

cases involving what among the States would be regarded as within

Federal jurisdiction, is complete." See also to the same effect

Clairborne-Annapolis Ferry Company v. United States, 1932, 52 S.Ct.

440, 285 U.S. 382, 76 L.Ed. 808.

-End-

-CITE-

28 USC Sec. 89 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 89. Florida

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 876; July 17, 1952, ch. 929, 66

Stat. 757; Pub. L. 87-36, Sec. 3(f), May 19, 1961, 75 Stat. 83;

Pub. L. 87-562, Sec. 1, July 30, 1962, 76 Stat. 247; Pub. L.

91-272, Sec. 10, June 2, 1970, 84 Stat. 298; Pub. L. 95-408, Sec.

4(a), Oct. 2, 1978, 92 Stat. 884; Pub. L. 100-702, title X, Sec.

1021(a), Nov. 19, 1988, 102 Stat. 4672.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 149 (Mar. 3, 1911, ch.

231, Sec. 76, 36 Stat. 1108; June 15, 1933, ch. 77, 48 Stat. 147;

Aug. 25, 1937, ch. 763, Sec. 1, 50 Stat. 800).

A provision requiring rooms and accommodations to be furnished at

Orlando without cost to the United States was omitted as obsolete,

upon advice of the Director of the Administrative Office for the

United States Courts that Federal accommodations are now available

in Orlando.

A provision requiring court to be open at all times was omitted

as covered by section 452 of this title.

A provision that no deputy clerk or deputy marshal should be

appointed at Fort Pierce, was omitted as incongruous with other

sections of this title. See sections 541 [see 561], 542 [see 561],

and 751 of this title.

The provision respecting court accommodations at Fort Pierce and

Panama City was omitted as covered by section 142 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-702, Sec. 1021(a)(1), added

Collier, Glades, and Hendry to the counties comprising the Middle

District.

Subsec. (c). Pub. L. 100-702, Sec. 1021(a)(2), struck out

Collier, Glades, and Hendry from the counties comprising the

Southern District.

1978 - Subsec. (a). Pub. L. 95-408, Sec. 4(a)(1), added Madison

to the counties comprising the Northern District.

Subsec. (b). Pub. L. 95-408, Sec. 4(a)(2), struck out Madison

from the counties comprising the Middle District.

1970 - Subsec. (c). Pub. L. 91-272 provided for holding court at

Fort Lauderdale.

1962 - Pub. L. 87-562 struck out provisions which authorized

court for the Northern District to be held at Live Oak, and for the

Southern District at Fernandina, Fort Myers, Jacksonville, Ocala,

Orlando, and Tampa, and removed the counties of Baker, Bradford,

Brevard, Charlotte, Citrus, Clay, Columbia, De Soto, Duval,

Flagler, Hamilton, Hardee, Hernando, Hillsborough, Lake, Lee,

Madison, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas,

Polk, Putnam, Saint Johns, Sarasota, Seminole, Sumter, Suwannee,

Union, and Volusia from the Southern District and created the

Middle District to comprise such counties.

1961 - Subsec. (a). Pub. L. 87-36 provided for holding court at

Live Oak.

1952 - Subsec. (b). Act July 17, 1952, provided for holding court

at Fort Myers and West Palm Beach.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1021(b), (c) of title X of Pub. L. 100-702 provided that:

"(b) Effective Date. - (1) The amendments made by this section

[amending this section] shall take effect 90 days after the date of

enactment of this title [Nov. 19, 1988].

"(2) The amendments made by subsection (a) [amending this

section] shall apply to any action commenced in the United States

District Court for the Middle District of Florida, or in the United

States District Court for the Southern District of Florida, on or

after the effective date of this title [probably should be

effective date of this section], and shall not affect any action

pending in either such court on such effective date.

"(c) Juries. - The amendments made by this section [amending this

section] shall not affect the composition, or preclude the service,

of any grand or petit jury summoned, empaneled, or actually serving

on the effective date of this title [probably should be effective

date of this section]."

EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION

Section 5 of Pub. L. 95-408 provided that:

"(a) The amendments made by this Act [amending this section and

sections 93, 97, 98, 104, 112, 114, and 133 of this title and

enacting provisions set out as a note under section 81 of this

title] shall take effect 180 days after the date of enactment of

this Act [Oct. 2, 1978].

"(b) Nothing in this Act shall affect the composition or preclude

the service of any grand or petit juror summoned, empaneled, or

actually serving in any judicial district on the effective date of

this Act."

EFFECTIVE DATE OF 1962 AMENDMENT

Section 5 of Pub. L. 87-562 provided that: "This Act [amending

this section and section 133 of this title and enacting provisions

set out as notes under this section and section 142 of this title]

shall become effective ninety days after the date of enactment

[July 30, 1962]."

DISTRICT JUDGES, UNITED STATES ATTORNEYS, AND UNITED STATES

MARSHALS DESIGNATIONS; TENURE; APPOINTMENTS

Section 2 of Pub. L. 87-562 provided that:

"(a) The district judge appointed September 26, 1950, the

district judge appointed August 13, 1955, and the district judge

appointed March 8, 1961, all for the Southern District of Florida,

shall hereafter be designated as district judges for the Middle

District of Florida.

"(b) The district judge for the Northern and Southern Districts

of Florida shall hereafter be designated as the district judge for

the Northern, Middle, and Southern Districts of Florida.

"(c) Nothing in this Act [amending this section and section 133

of this title, and enacting provisions set out as notes under this

section and section 142 of this title] shall in any manner affect

the tenure of office of the United States Attorney and the United

States Marshal for the Northern District of Florida who are in

office at the time of the enactment of this Act [July 30, 1962],

and who shall be during the remainder of their present terms of

office the United States Attorney and Marshal for such district as

constituted by this Act.

"(d) Nothing in this Act [amending this section and section 133

of this title and enacting provisions set out as notes under this

section and section 142 of this title] shall in any manner affect

the tenure of office of the United States Attorney and the United

States Marshal for the Southern District of Florida who are in

office at the time of the enactment of this Act [July 30, 1962],

and who shall be during the remainder of their present terms of

office the United States Attorney and Marshal for the Middle

District of Florida as constituted by this Act.

"(e) The President is authorized to appoint, by and with the

advice and consent of the Senate, a United States Attorney and a

United States Marshal for the Southern District of Florida."

ELIMINATION OF DISTRICT JUDGESHIP FOR NORTHERN, MIDDLE, AND

SOUTHERN DISTRICTS OF FLORIDA

District judgeship for northern, middle, and southern districts

changed to district judgeship for middle district only, see section

2(b) of Pub. L. 89-372, set out as a note under section 133 of this

title.

-End-

-CITE-

28 USC Sec. 90 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 90. Georgia

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 876; Aug. 16, 1949, ch. 444, 63

Stat. 610; Oct. 31, 1951, ch. 655, Sec. 36a, 65 Stat. 723; Pub. L.

98-620, title IV, Sec. 408(a)-(c), Nov. 8, 1984, 98 Stat. 3362;

Pub. L. 99-657, Sec. 3, Nov. 14, 1986, 100 Stat. 3670.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 150 (Mar. 3, 1911, ch.

231, Sec. 77, 36 Stat. 1108; May 28, 1926, ch. 414, Secs. 1, 2, 44

Stat. 670; Aug. 22, 1935, ch. 603, Secs. 1-3, 49 Stat. 680, 681;

June 20, 1936, ch. 639, 49 Stat. 1561; Aug. 21, 1937, ch. 728,

Secs. 1, 2, 50 Stat. 739, 740; Mar. 6, 1942, ch. 153, Secs. 1-3, 56

Stat. 139; Oct. 29, 1945, ch. 435, 59 Stat. 550).

Provisions for furnishing rooms and accommodations at Americus

and Dublin were omitted as obsolete upon advice of the Director of

the Administrative Office of the United States Courts that Federal

accommodations are now available in each of those places.

The provisions respecting court accommodations at Brunswick,

Newnan, or Thomasville were omitted as covered by section 142 of

this title.

Since the latest amendment of section 150 of title 28, U.S.C.,

1940 ed., the former counties of Campbell and Milton were merged

with Fulton County in the Atlanta Division of the Northern

District.

Changes in arrangement and phraseology were made.

AMENDMENTS

1986 - Subsec. (c)(1). Pub. L. 99-657, Sec. 3(1), substituted

"Jefferson, Lincoln" for "Lincoln".

Subsec. (c)(3). Pub. L. 99-657, Sec. 3(2), substituted "and

Liberty" for "Evans, Liberty, Screven, and Tattnall".

Subsec. (c)(6). Pub. L. 99-657, Sec. 3(3), substituted "Evans,

Jenkins, Screven, Tattnall" for "Jefferson, Jenkins".

1984 - Subsec. (a)(1). Pub. L. 98-620, Sec. 408(a), added Fannin,

Gilmer, and Pickens to the counties comprising the Gainesville

Division of the Northern District.

Subsec. (a)(2). Pub. L. 98-620, Sec. 408(b), struck out Fannin,

Gilmer, and Pickens from the counties comprising the Atlanta

Division of the Northern District.

Subsec. (c)(6). Pub. L. 98-620, Sec. 408(c), substituted

"Statesboro" for "Swainsboro" in three places.

1951 - Subsec. (c)(6). Act Oct. 31, 1951, struck out

"Washington,".

1949 - Subsec. (c). Act Aug. 16, 1949, created a Swainsboro

division and provided for holding court there.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-657 effective 90 days after Nov. 14,

1986, and not to affect any action commenced before and pending on

such effective date, or to affect the composition, or preclude the

service, of any grand or petit jury summoned, empaneled, or

actually serving on such date, see section 4 of Pub. L. 99-657, set

out as a note under section 121 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 408(d) of Pub. L. 98-620 provided that: "The amendments

made by this section [amending this section] shall apply to any

action commenced in the United States District Court for the

Northern District of Georgia on or after the effective date of this

subtitle [Jan. 1, 1985], and shall not affect any action pending in

such court on such effective date."

Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to

affect the composition, or preclude the service, of any grand or

petit jury summoned, impaneled, or actually serving on that date,

see section 411 of Pub. L. 98-620, set out as a note under section

85 of this title.

-End-

-CITE-

28 USC Sec. 91 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 91. Hawaii

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 877; May 24, 1949, ch. 139, Sec.

64a, 63 Stat. 99; Pub. L. 86-3, Sec. 14(i), Mar. 18, 1959, 73 Stat.

11; Pub. L. 86-624, Sec. 19, July 12, 1960, 74 Stat. 416.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 641 and 642a of title 48, U.S.C., 1940 ed.,

Territories and Insular Possessions (Apr. 30, 1900, ch. 339, Sec.

86, 31 Stat. 158; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; July

9, 1921, ch. 42, Sec. 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43

Stat. 890; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; Aug. 13,

1940, ch. 662, 54 Stat. 784).

Section consolidates parts of sections 641 and 642a of title 48,

U.S.C., 1940 ed.

The provisions of section 641 of title 48, U.S.C., 1940 ed., with

reference to regular and special terms and the times of holding

same were omitted as covered by sections 138 and 141 of this title.

Provisions of section 642a of title 48, U.S.C., 1940 ed.,

relating to jurisdiction of civil actions and criminal offenses,

were omitted as covered by the general jurisdictional provisions of

this title and revised title 18 (H. R. 3190, 80th Cong.).

Provisions of section 642a of title 48, U.S.C., 1940 ed., as to

appeals were omitted as covered by section 1295 of this title.

Provisions of said section 642a with reference to juries and jury

trials were omitted as covered by chapter 121 of this title.

Other provisions of section 641 of title 48, U.S.C., 1940 ed.,

are incorporated in sections 132 and 133 of this title.

Changes were made in phraseology.

AMENDMENTS

1960 - Pub. L. 86-624 struck out Kure Island.

1959 - Pub. L. 86-3 included Palmyra Island.

1949 - Act May 24, 1949, inserted provisions relating to

inclusion of Canton and Enderbury Islands.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 14 of Pub. L. 86-3 provided that the amendments of

sections 91, 373, 1252, 1293, and 1294 of this title, sections 3771

and 3772 of Title 18, Crimes and Criminal Procedure, and section

644a of Title 48, Territories and Insular Possessions, the repeal

of sections 536, 539, 634, 634a, and 645 of title 48, and notes set

out under sections 371 and 373 of this title, are effective on

admission of the State of Hawaii into the Union. See Admission of

Hawaii as State note below.

CANTON AND ENDERBURY ISLANDS; SOVEREIGNTY OF KIRIBATI

By a treaty of friendship, TIAS 10777, which entered into force

Sept. 23, 1983, the United States recognized the sovereignty of

Kiribati over Canton Island and Enderbury Island.

ADMISSION OF HAWAII AS STATE

Admission of Hawaii into the Union was accomplished Aug. 21,

1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868,

73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3,

Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491

of Title 48, Territories and Insular Possessions.

COURT OF THE UNITED STATES; DISTRICT JUDGES

Section 9(a) of Pub. L. 86-3 provided that: "The United States

District Court for the District of Hawaii established by and

existing under title 28 of the United States Code shall thence

forth be a court of the United States with judicial power derived

from article III, section 1, of the Constitution of the United

States: Provided, however, That the terms of office of the district

judges for the district of Hawaii then in office shall terminate

upon the effective date of this section and the President, pursuant

to sections 133 and 134 of title 28, United States Code, as amended

by this Act, shall appoint, by and with the advice and consent of

the Senate, two district judges for the said district who shall

hold office during good behavior."

Section 9 of Pub. L. 86-3 provided in part that subsec. (a) of

that section should be effective upon the admission of the State of

Hawaii into the Union.

CONTINUATION OF SUITS

Section 12 of Pub. L. 86-3 provided that: "No writ, action,

indictment, cause, or proceeding pending in any court of the

Territory of Hawaii or in the United States District Court for the

District of Hawaii shall abate by reason of the admission of said

State into the Union, but the same shall be transferred to and

proceeded with in such appropriate State courts as shall be

established under the constitution of said State, or shall continue

in the United States District Court for the District of Hawaii, as

the nature of the case may require. And no writ, action,

indictment, cause or proceeding shall abate by reason of any change

in the courts, but shall be proceeded with in the State or United

States courts according to the laws thereof, respectively. And the

appropriate State courts shall be the successors of the courts of

the Territory as to all cases arising within the limits embraced

within the jurisdiction of such courts, respectively, with full

power to proceed with the same, and award mesne or final process

therein, and all the files, records, indictments, and proceedings

relating to any such writ, action, indictment, cause or proceeding

shall be transferred to such appropriate State courts and the same

shall be proceeded with therein in due course of law.

"All civil causes of action and all criminal offenses which shall

have arisen or been committed prior to the admission of said State,

but as to which no writ, action, indictment or proceeding shall be

pending at the date of such admission, shall be subject to

prosecution in the appropriate State courts or in the United States

District Court for the District of Hawaii in like manner, to the

same extent, and with like right of appellate review, as if said

State had been created and said State courts had been established

prior to the accrual of such causes of action or the commission of

such offenses. The admission of said State shall effect no change

in the substantive or criminal law governing such causes of action

and criminal offenses which shall have arisen or been committed;

and such of said criminal offenses as shall have been committed

against the laws of the Territory shall be tried and punished by

the appropriate courts of said State, and such as shall have been

committed against the laws of the United States shall be tried and

punished in the United States District Court for the District of

Hawaii."

APPEALS

Section 13 of Pub. L. 86-3 provided that: "Parties shall have the

same rights of appeal from and appellate review of final decisions

of the United States District Court for the District of Hawaii or

the Supreme Court of the Territory of Hawaii in any case finally

decided prior to admission of said State into the Union, whether or

not an appeal therefrom shall have been perfected prior to such

admission, and the United States Court of Appeals for the Ninth

Circuit and the Supreme Court of the United States shall have the

same jurisdiction therein, as by law provided prior to admission of

said State into the Union, and any mandate issued subsequent to the

admission of said State shall be to the United States District

Court for the District of Hawaii or a court of the State, as may be

appropriate. Parties shall have the same rights of appeal from and

appellate review of all orders, judgments, and decrees of the

United States District Court for the District of Hawaii and of the

Supreme Court of the State of Hawaii as successor to the Supreme

Court of the Territory of Hawaii, in any case pending at the time

of admission of said State into the Union, and the United States

Court of Appeals for the Ninth Circuit and the Supreme Court of the

United States shall have the same jurisdiction therein, as by law

provided in any case arising subsequent to the admission of said

State into the Union."

EXTENSION OF JURISDICTION OF UNITED STATES DISTRICT COURT FOR

DISTRICT OF HAWAII AND OF CIVIL AND CRIMINAL LAWS TO MIDWAY, WAKE,

JOHNSON, SAND, ETC., ISLANDS

The jurisdiction of the United States District Court for the

District of Hawaii and the laws of the United States relating to

civil acts or offenses consummated or committed on the high seas on

board a vessel belonging to the United States were extended to the

Midway Islands, Wake, Johnson, Sand, etc., Islands by section 644a

of Title 48, Territories and Insular Possessions.

-End-

-CITE-

28 USC Sec. 92 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 92. Idaho

-STATUTE-

Idaho, exclusive of Yellowstone National Park, constitutes one

judicial district.

Court shall be held at Boise, Coeur d'Alene, Moscow, and

Pocatello.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 877; Pub. L. 91-272, Sec. 5, June

2, 1970, 84 Stat. 297.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 151 (Mar. 3, 1911, ch.

231, Sec. 78, 36 Stat. 1109; May 11, 1939, ch. 121, 53 Stat. 738).

All of Yellowstone National Park is included in the judicial

district of Wyoming by section 131 of this title. Those parts of

the park lying in Idaho are accordingly excluded from the judicial

district of Idaho.

A provision as to the places for maintenance of the clerk's

offices, and requiring that they be open at all times, was omitted

as covered by sections 452-751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1970 - Pub. L. 91-272 struck out provisions which had divided the

judicial district of Idaho into a Northern Division, a Central

Division, a Southern Division, and an Eastern Division.

-End-

-CITE-

28 USC Sec. 93 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 93. Illinois

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 878; Aug. 10, 1950, ch. 675, Sec.

1, 64 Stat. 438; Pub. L. 87-36, Sec. 3(c), May 19, 1961, 75 Stat.

83; Pub. L. 91-272, Sec. 8, June 2, 1970, 84 Stat. 297; Pub. L.

95-408, Sec. 4(b)(1), Oct. 2, 1978, 92 Stat. 884; Pub. L. 95-573,

Sec. 1, Nov. 2, 1978, 92 Stat. 2458; Pub. L. 98-620, title IV, Sec.

406(a), (c), Nov. 8, 1984, 98 Stat. 3361; Pub. L. 106-130, Sec. 2,

Dec. 6, 1999, 113 Stat. 1677.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 152 (Mar. 3, 1911, ch.

231, Sec. 79, 36 Stat. 1110; Aug. 12, 1937, ch. 594, 50 Stat. 624;

June 6, 1940, ch. 247, 54 Stat. 237).

Provisions relating to appointment of deputy marshals and

maintenance of offices by deputy marshals and deputy clerks were

omitted as covered by sections 452, 541 [see 561], 542 [see 561],

and 751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-130 inserted "and Wheaton"

before period at end.

1984 - Subsec. (a)(1). Pub. L. 98-620, Sec. 406(a)(1), struck out

De Kalb and McHenry from the counties comprising the Eastern

Division of the Northern District.

Subsec. (a)(2). Pub. L. 98-620, Sec. 406(a)(2), added De Kalb and

McHenry to the counties comprising the Western Division of the

Northern District.

Subsec. (b). Pub. L. 98-620, Sec. 406(c), provided for holding

court at Champaign/Urbana.

1978 - Pub. L. 95-408 substituted in introductory provisions

"Northern, Central, and Southern Districts of Illinois" for

"Northern, Southern, and Eastern Districts of Illinois".

Subsec. (a)(1). Pub. L. 95-573, Sec. 1(1), struck out Kankakee

from the counties comprising the Eastern Division of the Northern

District.

Pub. L. 95-408 added Kankakee to the counties comprising the

Eastern Division of the Northern District.

Subsec. (b). Pub. L. 95-573, Sec. 1(2), added Kankakee to the

counties comprising the Central District.

Pub. L. 95-408 substituted "Central District" for "Southern

District" in heading, struck out subsec. (b)(1) and (2)

designations, which divided Southern District into a Northern and

Southern Division, and in such newly created Central District,

added counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois,

Moultrie, Piatt, Shelby, and Vermilion to, and struck out counties

of Bond, Calhoun, Jersey, and Madison from, those counties

comprising the new Central District, and substituted provisions for

holding of a term of Court for Central District at Danville,

Peoria, Quincy, Rock Island, and Springfield for provisions for

holding of a term of Court for Northern Division of the former

Southern District at Peoria and Rock Island and for Southern

Division of former Southern District at Alton, Quincy, and

Springfield.

Subsec. (c). Pub. L. 95-408 substituted "Southern District" for

"Eastern District" in heading, and in such Southern District added

counties of Bond, Calhoun, Jersey, and Madison to, and struck out

counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois,

Kankakee, Moultrie, Piatt, Shelby and Vermilion from, those

counties comprising Southern District, and substituted provisions

for holding of a term of Court for Southern District at Alton,

Benton, Cairo, and East Saint Louis for provisions for holding of a

term of Court for Eastern District at Benton, Cairo, Danville, and

East Saint Louis.

1970 - Subsec. (a)(2). Pub. L. 91-272 provided for holding court

at Rockford.

1961 - Subsec. (b)(2). Pub. L. 87-36 provided for holding court

at Alton.

1950 - Subsec. (b)(1). Act Aug. 10, 1950, provided for holding

court at Rock Island.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 406(b) of Pub. L. 98-620 provided that: "The amendments

made by subsection (a) of this section [amending this section]

shall apply to any action commenced in the United States District

Court for the Northern District of Illinois on or after the

effective date of this subtitle [Jan. 1, 1985], and shall not

affect any action pending in such court on such effective date."

Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to

affect the composition, or preclude the service, of any grand or

petit jury summoned, impaneled, or actually serving on that date,

see section 411 of Pub. L. 98-620, set out as a note under section

85 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 6 of Pub. L. 95-573, as amended by Pub. L. 96-4, Sec. 2,

Mar. 30, 1979, 93 Stat. 7, provided that:

"(a) Except as provided in subsection (b) of this section, the

provisions of this Act [amending this section and sections 99, 112,

and 118 of this title and enacting a provision set out as a note

under section 84 of this title] shall take effect 180 days after

the date of enactment of this Act [Nov. 2, 1978].

"(b)(1) The provisions of section 5 of this Act [set out as a

note under section 84 of this title] shall take effect on the date

of enactment of this Act [Nov. 2, 1978].

"(2) The provisions of the first section of this Act [amending

this section] shall take effect on March 31, 1979.

"(c) Nothing in this Act [amending this section and sections 99,

112, and 118 of this title and enacting provisions set out as a

note under section 84 of this title] shall affect the composition

or preclude the service of any grand or petit juror summoned,

empaneled, or actually serving in any judicial district on the

effective date of this Act."

EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 95-408 effective 180 days after Oct. 2,

1978, with such amendment not to affect the composition or preclude

the service of any grand or petit juror summoned, empaneled, or

actually serving in any judicial district on the effective date of

this Act, see section 5 of Pub. L. 95-408, set out as a note under

section 89 of this title.

DISTRICT JUDGES, UNITED STATES ATTORNEYS, ASSISTANT UNITED STATES

ATTORNEYS, AND UNITED STATES MARSHALS FOR CENTRAL AND SOUTHERN

DISTRICTS; DESIGNATION; TENURE; APPOINTMENT; GRAND JURY

Pub. L. 95-408, Sec. 4(b)(2)-(4), as added by Pub. L. 96-4, Sec.

1, Mar. 30, 1979, 93 Stat. 6, provided that:

"(2) The district judge for the Eastern District of Illinois in

office on the effective date of this Act [180 days after Oct. 2,

1978] who is senior in commission shall, on and after the effective

date of this Act, be a district judge for the Southern District of

Illinois. The remaining district judge for the Eastern District of

Illinois who is in office on the effective date of this Act and the

district judges for the Southern District of Illinois who are in

office on the effective date of this Act shall, on and after the

effective date of this Act, be district judges for the Central

District of Illinois. The President shall appoint, by and with the

advice and consent of the Senate, a second district judge for the

Southern District of Illinois.

"(3) This section does not in any manner affect the tenure of the

United States attorney, the assistant United States attorneys, or

the United States marshal for the Eastern District of Illinois or

for the Southern District of Illinois who are in office on the

effective date of this Act [180 days after Oct. 2, 1978]. The

United States attorney, the assistant United States attorneys, and

the United States marshal for the Eastern District and for the

Southern District of Illinois shall, on the effective date of this

Act, become the United States attorney, the assistant United States

attorneys, and the United States marshal for the Southern District

and for the Central District of Illinois, respectively.

"(4) Notwithstanding section 3240 of title 18, United States

Code, any grand jury impaneled on or after the effective date of

this Act [180 days after Oct. 2, 1978] by a district court for the

Central District or the Southern District of Illinois may inquire

into and return indictments charging offenses against the criminal

laws of the United States alleged to have been committed anywhere

within the territory of the respective judicial districts as such

districts were constituted before or after the effective date of

this Act."

-End-

-CITE-

28 USC Sec. 94 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 94. Indiana

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 878; Feb. 10, 1954, ch. 6, Sec.

2(b)(7), 68 Stat. 11; Pub. L. 91-272, Sec. 9, June 2, 1970, 84

Stat. 298.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 153 (Mar. 3, 1911, ch.

231, Sec. 80, 36 Stat. 1110; Apr. 21, 1928, ch. 393, 45 Stat. 437).

Words "when the time fixed as above for the sitting of a court

shall fall on a legal holiday the terms shall begin on the next day

following," were omitted as within the discretion of the court and

coverable by rule of court.

A provision that terms should not be limited to any particular

number of days, and that a term about to commence in another

division might be adjourned until the business of the court in

session was concluded, was omitted as covered by section 140 of

this title.

A provision authorizing indictments for offenses committed in

divisions other than that wherein a grand jury is sitting was

omitted as covered by Federal Rules of Criminal Procedure, Rules 6,

7.

Provisions as to maintenance of clerks' offices were omitted as

covered by sections 452 and 751 of this title.

The following provisions were omitted as either executed or

covered by section 501 [now 541] et seq. and section 541 [now 561]

et seq. of this title, containing similar provisions as to United

States attorneys and marshals:

"A. The senior district judge for the district of Indiana in

office immediately prior to April 21, 1928, shall be the district

judge for the southern district as constituted by this section; the

junior district judge for the district of Indiana immediately prior

to April 21, 1928, shall be the district judge for the northern

district as constituted by this section; and the district attorney

and marshal for the district of Indiana in office immediately prior

to April 21, 1928, shall be during the remainder of their present

terms of office the district attorney and marshal for the southern

district as constituted by this section.

"B. The President is authorized and directed to appoint, by and

with the advice and consent of the Senate, a district attorney and

a marshal for the United States District Court for the Northern

District of Indiana."

Changes in arrangement and phraseology were made.

AMENDMENTS

1970 - Subsec. (b)(1). Pub. L. 91-272 provided for holding court

at Richmond.

1954 - Subsec. (a)(3). Act Feb. 10, 1954, provided for holding

court at Lafayette.

-End-

-CITE-

28 USC Sec. 95 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 95. Iowa

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 879; Pub. L. 96-462, Sec. 3(a),

Oct. 15, 1980, 94 Stat. 2053.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 156 and 156a (Mar. 3,

1911, ch. 231, Sec. 81, 36 Stat. 1111; Mar. 3, 1913, ch. 122, 37

Stat. 734; Feb. 23, 1916, ch. 32, 39 Stat. 12; Apr. 27, 1916, ch.

90, 39 Stat. 55; Mar. 4, 1923, ch. 256, 42 Stat. 1483; Jan. 28,

1925, ch. 104, 43 Stat. 794; July 5, 1937, ch. 428, 50 Stat. 474).

A provision relating to the maintenance of clerk's office was

omitted as covered by section 751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1980 - Subsec. (b)(3). Pub. L. 96-462, Sec. 3(a)(1), added

Fremont and Page counties to Western Division of Southern District.

Subsec. (b)(4). Pub. L. 96-462, Sec. 3(a)(2), struck out

references to Fremont and Page counties in list of counties

comprising Southern Division of Southern District.

EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 96-462 effective Oct. 1, 1981, but not to

affect the composition or preclude the service of any grand or

petit juror summoned, empaneled, or actually serving in any

judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96-462,

set out as a note under section 84 of this title.

Section 3(b) of Pub. L. 96-462 provided that: "The amendments

made by subsection (a) [amending this section] shall not apply to

any action commenced before the effective date of such amendments

[Oct. 1, 1981] and pending in the United States District Court for

the Southern District of Iowa on such date."

HOLDING COURT FOR THE SOUTHERN DISTRICT OF IOWA

Pub. L. 107-273, div. C, title I, Sec. 11029, Nov. 2, 2002, 116

Stat. 1836, provided that: "Notwithstanding any other provision of

law, during the period beginning on January 1, 2003, through July

1, 2005, the United States District Court for the Southern District

of Iowa may -

"(1) with the consent of the parties in any case filed in the

Eastern Division or the Davenport Division of the Southern

District of Iowa, hold court on that case in Rock Island,

Illinois; and

"(2) summon jurors from the Southern District of Iowa to serve

in any case described under paragraph (1)."

-End-

-CITE-

28 USC Sec. 96 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 96. Kansas

-STATUTE-

Kansas constitutes one judicial district.

Court shall be held at Kansas City, Lawrence, Leavenworth,

Salina, Topeka, Hutchinson, Wichita, Dodge City, and Fort

Scott.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 880; Aug. 27, 1949, ch. 516, 63

Stat. 666; Pub. L. 99-554, title I, Sec. 141, Oct. 27, 1986, 100

Stat. 3096.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 157 (Mar. 3, 1911, ch.

231, Sec. 82, 36 Stat. 1112; Sept. 6, 1916, ch. 447, 39 Stat. 725;

June 7, 1924, ch. 319, 43 Stat. 607; June 13, 1938, ch. 349, 52

Stat. 673).

Provisions as to the appointment and residence of deputy marshals

and deputy clerks and maintenance of offices by them were omitted.

See sections 541 [see 561], 542 [see 561], and 751 of this title.

A provision making inoperative the terms of the last paragraph of

this section, whenever, upon the recommendation of the Attorney

General, court accommodations should be provided in Federal

buildings, was omitted as unnecessary. When such buildings become

available the Director of the Administrative Office of the United

States Courts will, under section 604 of this title, provide court

accommodations therein.

The provision respecting court accommodations at Hutchinson was

omitted as covered by section 142 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1986 - Pub. L. 99-554 provided for holding court at Lawrence.

1949 - Act Aug. 27, 1949, abolished the three divisions which

constituted the judicial district, and added Dodge City as an

additional place for holding court.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, see section 302(a) of Pub. L. 99-554, set out as a note under

section 581 of this title.

-End-

-CITE-

28 USC Sec. 97 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 97. Kentucky

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 880; Pub. L. 95-408, Sec. 2(a),

Oct. 2, 1978, 92 Stat. 883.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 158 (Mar. 3, 1911, ch.

231, Sec. 83, 36 Stat. 1112; Jan. 29, 1920, ch. 57, 41 Stat. 400;

June 22, 1936, ch. 707, 49 Stat. 1822).

Last paragraph of section 158 of title 28, U.S.C., 1940 ed.,

relating to process, was omitted as covered by Rule 4 of the

Federal Rules of Civil Procedure.

Provisions relating to maintenance of clerk's offices were

omitted as covered by sections 452 and 751 of this title.

Provisions for furnishing rooms and accommodations at Lexington

and Pikeville were omitted as obsolete on advice of the Director of

the Administrative Office of the United States Courts that Federal

accommodations are now available in each of those places.

Words "with the waters thereof," after the list of counties in

each district, were omitted as unnecessary and inconsistent with

other sections of this chapter.

McCreary County of the Eastern District was formed from parts of

the counties of Pulaski, Wayne, and Whitley since the latest

amendment of the Judicial Code.

Changes in arrangement and phraseology were made.

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-408 provided for holding court at

Ashland.

EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 95-408 effective 180 days after Oct. 2,

1978, with such amendment not to affect the composition or preclude

the service of any grand or petit juror summoned, empaneled, or

actually serving in any judicial district on the effective date of

this Act, see section 5 of Pub. L. 95-408, set out as a note under

section 89 of this title.

-End-

-CITE-

28 USC Sec. 98 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 98. Louisiana

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 881; Pub. L. 87-36, Sec. 4, May

19, 1961, 75 Stat. 83; Pub. L. 92-208, Sec. 3(a), Dec. 18, 1971, 85

Stat. 741; Pub. L. 95-408, Sec. 3(a), Oct. 2, 1978, 92 Stat. 883;

Pub. L. 98-353, title II, Sec. 203(b), July 10, 1984, 98 Stat.

350.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 159 (Mar. 3, 1911, ch.

231, Sec. 84, 36 Stat. 1113).

Provisions relating to the maintenance of offices by the clerks

were omitted as covered by sections 452 and 751 of this title.

The parishes of Allen, Beauregard, and Jefferson Davis of the

Lake Charles Division of the Western District were formed out of

part of Calcasieu Parish since the enactment of the Judicial Code.

Changes in arrangement and phraseology were made.

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-353 inserted ", and Houma" after

"New Orleans".

1978 - Subsec. (c). Pub. L. 95-408 struck out par. (1) to (6)

designations which had divided the parishes of Western District

into six divisions.

1971 - Pub. L. 92-208 created a Middle District consisting of the

nine parishes formerly making up Baton Rouge Division of Eastern

District and designated as the entire Eastern District the thirteen

parishes formerly making up New Orleans Division of Eastern

District.

1961 - Pub. L. 87-36 struck out from enumeration in subsec.

(a)(1) the parishes of Iberia and Saint Mary, in subsec. (b)(1)

Lafayette, Saint Martin and Vermilion, and in subsec. (b)(5)

Acadia, and created sixth division of subsec. (b), consisting of

such parishes.

EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 95-408 effective 180 days after Oct. 2,

1978, with such amendment not to affect the composition or preclude

the service of any grand or petit juror summoned, empaneled, or

actually serving in any judicial district on the effective date of

this Act, see section 5 of Pub. L. 95-408, set out as a note under

section 89 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 3(f) of Pub. L. 92-208 provided that: "The provisions of

this section [amending this section and sections 133 and 134 of

this title and enacting provisions set out below] shall become

effective one hundred and twenty days after the date of enactment

of this Act [Dec. 18, 1971]."

DISTRICT JUDGE, UNITED STATES ATTORNEY, AND UNITED STATES MARSHAL

FOR MIDDLE DISTRICT; DESIGNATION; TENURE; APPOINTMENT

Section 3(b), (c) of Pub. L. 92-208 provided that:

"(b) The district judge for the Eastern District of Louisiana

holding office on the day immediately prior to the effective date

of this section [see Effective Date of 1971 Amendment Note above],

and whose official station on such date is Baton Rouge, shall, on

and after such date, be the district judge for the Middle District

of Louisiana. All other district judges for the Eastern District of

Louisiana holding office on the day immediately prior to the

effective date of this section shall be district judges for the

Eastern District of Louisiana as constituted by this section.

"(c)(1) Nothing in this section shall in any manner affect the

tenure of office of the United States attorney and the United

States marshal for the Eastern District of Louisiana who are in

office on the effective date of this section, and who shall be

during the remainder of their present terms of office the United

States attorney and marshal for the Eastern District of Louisiana

as constituted by this section.

"(2) The President shall appoint, by and with the advice and

consent of the Senate, a United States attorney and marshal for the

Middle District of Louisiana."

-End-

-CITE-

28 USC Sec. 99 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 99. Maine

-STATUTE-

Maine constitutes one judicial district.

Court shall be held at Bangor and Portland.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 881; Pub. L. 95-573, Sec. 2, Nov.

2, 1978, 92 Stat. 2458.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 160 (Mar. 3, 1911, ch.

231, Sec. 85, 36 Stat. 1114; Dec. 22, 1911, ch. 7, 37 Stat. 51;

Sept. 8, 1916, ch. 475, Secs. 1, 3, 39 Stat. 850; Mar. 4, 1923, ch.

279, 42 Stat. 1506).

Changes in arrangement and phraseology were made.

AMENDMENTS

1978 - Pub. L. 95-573 struck out provision for two separate

divisions, (1) the Northern Division comprising the counties of

Aroostook, Hancock, Penobscot, Piscataquis, Somerset, Waldo, and

Washington and (2) the Southern Division comprising the counties of

Androscoggin, Cumberland, Franklin, Kennebec, Knox, Lincoln,

Oxford, Sagadahoc, and York.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-573 effective 180 days after Nov. 2,

1978, see section 6 of Pub. L. 95-573, set out as a note under

section 93 of this title.

-End-

-CITE-

28 USC Sec. 100 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 100. Maryland

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 882; Pub. L. 91-546, Sec. 4, Dec.

14, 1970, 84 Stat. 1412; Pub. L. 100-487, Sec. 1, Oct. 14, 1988,

102 Stat. 2431.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 166 (Mar. 3, 1911, ch.

231, Sec. 86, 36 Stat. 1114; Mar. 3, 1925, ch. 422, 43 Stat. 1106).

Provisions relating to appointment of a deputy clerk and a deputy

marshal and the maintenance of offices by such deputies were

omitted as covered by sections 541 [see 561], 542 [see 561], and

751 of this title.

The provisions respecting court accommodations at Denton were

omitted as covered by section 142 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1988 - Pub. L. 100-702 amended section generally. Prior to

amendment, section provided that Maryland constituted one judicial

district and that court be held at Baltimore, Cumberland, Denton,

and at a suitable site in Prince Georges County not more than five

miles from the boundary of Montgomery and Prince Georges Counties.

1970 - Pub. L. 91-546 added a suitable site in Prince Georges

County not more than five miles from the boundary of Montgomery and

Prince Georges Counties to the list of enumerated places for

holding court in Maryland.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 2 of Pub. L. 100-487 provided that:

"(a) In General. - This Act and the amendments made by this Act

[amending this section] shall take effect 180 days after the date

of the enactment of this Act [Oct. 14, 1988].

"(b) Pending Cases Not Affected. - This Act and the amendments

made by this Act shall not affect any action commenced before the

effective date of this Act and pending in the United States

District Court for the District of Maryland on such date.

"(c) Juries Not Affected. - This Act and the amendments made by

this Act shall not affect the composition, or preclude the service,

of any grand or petit jury summoned, empaneled, or actually serving

in the Judicial District of Maryland on the effective date of this

Act."

-End-

-CITE-

28 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 101. Massachusetts

-STATUTE-

Massachusetts constitutes one judicial district.

Court shall be held at Boston, New Bedford, Springfield, and

Worcester.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 882.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 167 (Mar. 3, 1911, ch.

231, Sec. 87, 36 Stat. 1114; May 1, 1922, ch. 173, 42 Stat. 503;

May 17, 1926, ch. 306, 44 Stat. 559).

Words "and the terms at Boston shall not be terminated or

affected by the terms at Springfield, New Bedford, or Worcester,"

were omitted as covered by section 138 of this title.

Provisions relating to appointment of deputy clerks and deputy

marshals, and maintenance of office by said deputies were omitted

as covered by sections 541 [see 561], 542 [see 561], and 751 of

this title.

Provisions for furnishing rooms and accommodations at Springfield

and Worcester were omitted as obsolete upon advice of Director of

the Administrative Office of the United States Courts that federal

accommodations have been provided at such places.

A provision requiring the return of all process to the terms at

Boston and the keeping of all court papers in the clerk's office at

Boston, unless otherwise specially ordered by the court, was

omitted, since such matters can be regulated more appropriately by

court rule or order. See Federal Rules of Civil Procedure, Rule

4(g).

The provision respecting court accommodations at New Bedford was

omitted as covered by section 142 of this title.

Changes in arrangement and phraseology were made.

-End-

-CITE-

28 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 102. Michigan

-STATUTE-

Michigan is divided into two judicial districts to be known as

the Eastern and Western Districts of Michigan.

EASTERN DISTRICT

(a) The Eastern District comprises two divisions.

(1) The Southern Division comprises the counties of Genesee,

Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe,

Oakland, Saint Clair, Sanilac, Shiawassee, Washtenaw, and

Wayne.

Court for the Southern Division shall be held at Ann Arbor,

Detroit, Flint, and Port Huron.

(2) The Northern Division comprises the counties of Alcona,

Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin,

Gratiot, Huron, Iosco, Isabella, Midland, Montmorency,

Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw,

and Tuscola.

Court for the Northern Division shall be held at Bay City.

WESTERN DISTRICT

(b) The Western District comprises two divisions.

(1) The Southern Division comprises the counties of Allegan,

Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass,

Charlevoix, Clinton, Eaton, Emmet, Grand Traverse,

Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake,

Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm,

Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph,

Van Buren, and Wexford.

Court for the Southern Division shall be held at Grand

Rapids, Kalamazoo, Lansing, and Traverse City.

(2) The Northern Division comprises the counties of Alger,

Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton,

Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee,

Ontonagon, and Schoolcraft.

Court for the Northern Division shall be held at Marquette

and Sault Sainte Marie.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 882; Feb. 10, 1954, ch. 6 Sec.

2(b)(8), 68 Stat. 11; Pub. L. 87-36, Sec. 3(d), May 19, 1961, 75

Stat. 83; Pub. L. 88-627, Oct. 6, 1964, 78 Stat. 1003; Pub. L.

91-272, Sec. 11, June 2, 1970, 84 Stat. 298.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 168 (Mar. 3, 1911, ch.

231, Sec. 88, 36 Stat. 1114; July 9, 1912, ch. 222, 37 Stat. 190;

Mar. 31, 1930, ch. 101, 46 Stat. 138).

Provisions of section 168 of title 28, U.S.C., 1940 ed., relating

to venue, were omitted as covered by section 1391 et seq. of this

title.

A provision for a special or adjourned term at Bay City for the

hearing of admiralty cases, beginning in February of each year, was

omitted. Adequate provision is made for such terms by section 141

of this title.

Words "and mileage on service of process in said northern

division shall be computed from Bay City," at the end of the

section, were omitted as covered by section 553 of this title.

Provisions relating to appointment and residence of deputy clerks

and deputy marshals and maintenance of offices by such deputies

were omitted as covered by sections 541 [see 561], 542 [see 561],

and 751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1970 - Subsec. (b)(1). Pub. L. 91-272 provided for holding court

at Traverse City.

1964 - Subsec. (a). Pub. L. 88-627 transferred counties of

Genesee and Shiawassee from Northern Division to Southern Division,

added Ann Arbor and Flint as places of court for Southern Division,

and struck out Flint as a place for holding court.

1961 - Subsec. (b)(1). Pub. L. 87-36 provided for holding court

at Lansing instead of Mason.

1954 - Subsec. (a)(1). Act Feb. 10, 1954, Sec. 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, Sec. 2(b)(8)(b), substituted

"Flint" for "Port Huron", as a place for holding court.

Subsec. (b)(1). Act Feb. 10, 1954, Sec. 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.

-End-

-CITE-

28 USC Sec. 103 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 103. Minnesota

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 882.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 169 (Mar. 3, 1911, ch.

231, Sec. 89, 36 Stat. 1115; Apr. 10, 1926, ch. 113, 44 Stat. 238).

Provisions relating to the appointment and residence of deputy

clerks and the maintenance of offices by them were omitted as

covered by section 751 of this title.

The counties of Pennington and Lake of the Woods, in the Sixth

Division, were created since the enactment of the Judicial Code.

Changes in arrangement and phraseology were made.

-End-

-CITE-

28 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 104. Mississippi

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 883; Aug. 7, 1950, ch. 601, 64

Stat. 415; Pub. L. 90-92, Sept. 27, 1967, 81 Stat. 229; Pub. L.

91-546, Secs. 2, 3, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 95-408,

Sec. 2(b), Oct. 2, 1978, 92 Stat. 883; Pub. L. 106-130, Sec. 1,

Dec. 6, 1999, 113 Stat. 1677.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 170 (Mar. 3, 1911, ch.

231, Sec. 90, 36 Stat. 1116; Feb. 5, 1912, ch. 28, 37 Stat. 59; May

27, 1912, ch. 136, 37 Stat. 118; Feb. 12, 1925, ch. 212, 43 Stat.

882; May 19, 1936, ch. 428, 49 Stat. 1362; May 8, 1939, ch. 116,

Sec. 1, 53 Stat. 684).

Provisions relating to the maintenance of offices by the clerks

and marshals were omitted as covered by sections 452, 541 [see

561], 542 [see 561], and 751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1999 - Subsec. (b)(3). Pub. L. 106-130, in second sentence,

struck out ": Provided, That court shall be held at Natchez if

suitable quarters and accommodations are furnished at no cost to

the United States" before period at end.

1978 - Subsec. (a)(1). Pub. L. 95-408 provided for holding court

at Corinth.

1970 - Subsec. (b)(3). Pub. L. 91-546, Sec. 3, provided for

holding court at Natchez if suitable quarters and accommodations

are furnished at no cost to the United States.

Subsec. (b)(4). Pub. L. 91-546, Sec. 2, provided for holding

court at Gulfport.

1967 - Subsec. (a)(1). Pub. L. 90-92 provided for holding court

at Ackerman.

1950 - Act Aug. 7, 1950, created Greenville division in the

northern district with terms of courts to be held at Greenville.

EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 95-408 effective 180 days after Oct. 2,

1978, with such amendment not to affect the composition or preclude

the service of any grand or petit juror summoned, empaneled, or

actually serving in any judicial district on the effective date of

this Act, see section 5 of Pub. L. 95-408, set out as a note under

section 89 of this title.

-End-

-CITE-

28 USC Sec. 105 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 105. Missouri

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 884; Pub. L. 87-461, May 31,

1962, 76 Stat. 85; Pub. L. 96-462, Sec. 4(a), Oct. 15, 1980, 94

Stat. 2053.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 171 (Mar. 3, 1911, ch.

231, Sec. 91, 36 Stat. 1117; Dec. 22, 1911, ch. 8, 37 Stat. 51).

Provisions for furnishing rooms and accommodations at Chillicothe

were omitted as obsolete upon advice of Director of the

Administrative Office of the United States Courts that Federal

accommodations are now available in such place.

"Rolla" was omitted as a place for holding court in the Eastern

Division of the Eastern District, and the provision for furnishing

quarters there without cost to the United States was also omitted

on advice from the clerk of court that no term of court has been

held there since 1920. All cases arising in Phelps county in which

Rolla is situated are heard at St. Louis.

Provisions relating to the maintenance of offices by the clerks

and marshals or their deputies were omitted as covered by sections

452, 541 [see 561], 542 [see 561], and 751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1980 - Subsec. (a)(1). Pub. L. 96-462, Sec. 4(a)(1), struck out

references to Audrain and Montgomery counties in the list of

counties comprising the Eastern Division of the Eastern District.

Subsec. (a)(2). Pub. L. 96-462, Sec. 4(a)(2), added Audrain and

Montgomery counties to the Northern Division of the Eastern

District.

1962 - Subsec. (b). Pub. L. 87-461 transferred the counties of

Caldwell, Grundy, Livingston, Mercer, Putnam, and Sullivan from the

Western Division to the Saint Joseph Division, and omitted

Chillicothe as a place for holding court.

EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 96-462 effective Oct. 1, 1981, but not to

affect the composition or preclude the service of any grand or

petit juror summoned, empaneled, or actually serving in any

judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96-462,

set out as a note under section 84 of this title.

Section 4(b) of Pub. L. 96-462 provided that: "The amendments

made by subsection (a) [amending this section] shall not apply to

any action commenced before the effective date of such amendments

[Oct. 1, 1981] and pending in the United States District Court for

the Eastern District of Missouri on such date."

-End-

-CITE-

28 USC Sec. 106 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 106. Montana

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 884.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 172 (Mar. 3, 1911, ch.

231, Sec. 92, 36 Stat. 1118; July 3, 1926, ch. 748, 44 Stat. 825;

July 5, 1937, ch. 430, 50 Stat. 474; Aug. 26, 1937, ch. 819, Sec.

2, 50 Stat. 837; Aug. 7, 1939, ch. 506, 53 Stat. 1236).

All of Yellowstone National Park is included in the judicial

district of Wyoming by section 131 of this title. Those parts of

the park lying in Montana are accordingly excluded from the

judicial district of Montana.

A provision for furnishing rooms and accommodations at Havre was

omitted as obsolete on advice of the Director of the Administrative

Office of the United States Courts that Federal accommodations are

now available there.

A provision for transfer of causes, civil or criminal, from one

place of holding court to another was omitted. Such provision, as

to civil cases, is covered by section 1404 of this title, and, as

to criminal cases, is rendered unnecessary because of inherent

power of the court and Rules 18-20 of the Federal Rules of Criminal

Procedure, relating to venue.

A provision for the making of any interlocutory order at any

place designated for holding court was omitted as unnecessary in

view of Federal Rules of Civil Procedure, Rule 77-(b).

The provisions respecting court accommodations at Kalispell,

Lewistown, and Livingston were omitted as covered by section 142 of

this title.

Changes were made in arrangement and phraseology.

-End-

-CITE-

28 USC Sec. 107 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 107. Nebraska

-STATUTE-

Nebraska constitutes one judicial district.

Court shall be held at Lincoln, North Platte, and Omaha.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 884; Aug. 9, 1955, ch. 627, Sec.

1, 69 Stat. 546.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 173 (Mar. 3, 1911, ch.

231, Sec. 93, 36 Stat. 1118).

Provisions for furnishing rooms and accommodations at the various

places for holding court were omitted as obsolete upon advice of

Director of the Administrative Office of the United States Courts

that Federal accommodations are now available at such places.

A provision relating to the appointment and residence of deputy

clerks and the places for keeping offices was omitted as covered by

section 751 of this title.

The county of Arthur in the North Platte Division was created

since the enactment of the Judicial Code.

Changes in arrangement and phraseology were made.

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."

-End-

-CITE-

28 USC Sec. 108 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 108. Nevada

-STATUTE-

Nevada constitutes one judicial district.

Court shall be held at Carson City, Elko, Las Vegas, Reno,

Ely, and Lovelock.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 885; Pub. L. 101-650, title III,

Sec. 324(a)(1), Dec. 1, 1990, 104 Stat. 5120.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 174 (Mar. 3, 1911, ch.

231, Sec. 94, 36 Stat. 1118; June 24, 1930, ch. 595, 46 Stat. 806;

Nov. 15, 1945, ch. 482, 59 Stat. 582).

Changes in arrangement and phraseology were made.

AMENDMENTS

1990 - Pub. L. 101-650 substituted ", Reno, Ely, and Lovelock"

for "and Reno".

-End-

-CITE-

28 USC Sec. 109 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 109. New Hampshire

-STATUTE-

New Hampshire constitutes one judicial district.

Court shall be held at Concord and Littleton.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 885.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 175 (Mar. 3, 1911, ch.

231, Sec. 95, 36 Stat. 1119; Aug. 23, 1912, ch. 344, 37 Stat. 357;

Feb. 20, 1926, ch. 23, 44 Stat. 8).

Changes in arrangement and phraseology were made.

-End-

-CITE-

28 USC Sec. 110 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 110. New Jersey

-STATUTE-

New Jersey constitutes one judicial district.

Court shall be held at Camden, Newark and Trenton.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 885.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 176 (Mar. 3, 1911, ch.

231, Sec. 96, 36 Stat. 1119; Aug. 9, 1912, ch. 277, 37 Stat. 265;

Feb. 14, 1913, ch. 53, 37 Stat. 674; May 17, 1926, ch. 311, 44

Stat. 561).

Provisions relating to maintenance of offices by the clerk and

marshal were omitted as covered by sections 452, 541 [see 561], 542

[see 561], and 751 of this title.

Changes in arrangement and phraseology were made.

-End-

-CITE-

28 USC Sec. 111 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 111. New Mexico

-STATUTE-

New Mexico constitutes one judicial district.

Court shall be held at Albuquerque, Las Cruces, Las Vegas,

Roswell, Santa Fe, and Silver City.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 885.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 177 (June 20, 1910, ch.

310, Sec. 13, 36 Stat. 565; Mar. 4, 1921, ch. 149, 41 Stat. 1361;

June 7, 1924, ch. 332, 43 Stat. 642).

The reference to Raton as a place of holding court was omitted on

advice of the clerk that court is no longer held there.

Provisions for furnishing rooms and accommodations at Las Vegas

were omitted as obsolete upon advice of Director of the

Administrative Office of the United States Courts that Federal

accommodations are now available.

Provision for adjournment or continuance in case of insufficient

business by orders made anywhere in the district was omitted as

covered by section 138 of this title.

Provisions for transfer of causes, civil or criminal, from one

place of holding court to another were omitted. Such provisions, as

to civil cases, are covered by section 1404 of this title, and, as

to criminal cases, are rendered unnecessary because of inherent

power of the court, and Rules 18-20 of the Federal Rules of

Criminal Procedure, relating to venue.

Provisions for appointment of deputy clerks and deputy marshals

and maintenance of offices at various cities were omitted as

covered by sections 541 [see 561], 542 [see 561], and 751 of this

title.

The provision respecting court accommodations at Silver City was

omitted as covered by section 142 of this title.

Changes in arrangement and phraseology were made.

-End-

-CITE-

28 USC Sec. 112 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 112. New York

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 885; Pub. L. 90-217, Dec. 18,

1967, 81 Stat. 662; Pub. L. 91-546, Sec. 1, Dec. 14, 1970, 84 Stat.

1412; Pub. L. 95-271, Sec. 1, Apr. 28, 1978, 92 Stat. 221; Pub. L.

95-408, Sec. 4(c), Oct. 2, 1978, 92 Stat. 885; Pub. L. 95-573, Sec.

3, Nov. 2, 1978, 92 Stat. 2458; Pub. L. 98-620, title IV, Sec. 405,

Nov. 8, 1984, 98 Stat. 3361; Pub. L. 101-650, title III, Sec.

324(a)(2), Dec. 1, 1990, 104 Stat. 5120; Pub. L. 104-317, title VI,

Sec. 609, Oct. 19, 1996, 110 Stat. 3860; Pub. L. 106-113, div. B,

Sec. 1000(a)(1) [title III, Sec. 306], Nov. 29, 1999, 113 Stat.

1535, 1501A-37.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 178 and 178a (Mar. 3,

1911, ch. 231, Sec. 97, 36 Stat. 1119; Jan. 21, 1920, ch. 50, 41

Stat. 394; July 1, 1922, ch. 260, 42 Stat. 812; Aug. 12, 1937, ch.

591, 50 Stat. 623).

A reference in section 178 of title 28, U.S.C., 1940 ed., to

Franklin County in the list of Counties in the Northern District,

in which one term might be held annually, in the discretion of the

judge, was omitted as superseded by the provisions of said section

178a of title 28, requiring an annual term to be held at Malone,

which is in Franklin County.

References to seizures made, matters done and processes or orders

issued respecting waters within the concurrent jurisdiction of the

southern and eastern districts, were omitted as unnecessary and

covered by the revised language.

Provision for 20 days' notice of the special term authorized in

the discretion of the court in the counties of Clinton, Jefferson,

Onondaga, Oswego, Rensselaer, St. Lawrence, Saratoga, and

Schenectady was omitted as unnecessary, in view of section 141 of

this title providing for such notice as the district judge orders.

The special provision permitting any district judge in New York

to act as judge in any other district in that State upon request of

the resident district judge was omitted, thus making applicable the

uniform procedure for designation and assignment of district judges

throughout the United States, provided by section 292 of this

title.

Words "with the waters thereof" after the list of counties in

each district were omitted as unnecessary and inconsistent with

other sections of this chapter.

The provisions with reference to the return of process in

admiralty cases, the designation of judges and their powers, and

the holding of sessions for the hearing of motions and for

proceedings in bankruptcy and admiralty, were omitted as

unnecessary and more properly the subject of rule of court.

The provisions of sections 178 and 178a of title 28, U.S.C., 1940

ed., respecting court accommodations at Malone and in the counties

of Schenectady, Rensselaer, Saratoga, Onondaga, St. Lawrence,

Clinton, Jefferson, Oswego, and Franklin, were omitted as covered

by section 142 of this title.

The county of Bronx, in the southern district, was formed out of

a part of New York County in 1912.

Lockport was omitted as a place of holding court in the Western

District. Court has not been held there for 32 years.

Changes were made in arrangement and phraseology.

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-113 amended last sentence

generally. Prior to amendment, last sentence read as follows:

"Court for the Eastern District shall be held at Brooklyn,

Hauppauge, and Hempstead (including the village of Uniondale)."

1996 - Subsec. (b). Pub. L. 104-317 amended last sentence

generally, substituting "Court for the Southern District shall be

held at New York, White Plains, and in the Middletown-Wallkill area

of Orange County or such nearby location as may be deemed

appropriate." for "Court for the Southern District shall be held at

New York and White Plains."

1990 - Subsec. (a). Pub. L. 101-650 substituted "Utica, and

Watertown" for "and Utica".

1984 - Subsec. (c). Pub. L. 98-620 provided for holding court at

Hauppauge.

1978 - Subsec. (a). Pub. L. 95-408, Sec. 4(c)(1), added counties

of Columbia, Greene, and Ulster to those counties comprising the

Northern District of New York.

Subsec. (b). Pub. L. 95-573 provided for holding court at White

Plains.

Pub. L. 95-408, Sec. 4(c)(2), struck out Columbia, Greene, and

Ulster from those counties comprising the Southern District of New

York.

Subsec. (c). Pub. L. 95-271 substituted "and Hempstead (including

the village of Uniondale)" for "Mineola, and Westbury".

1970 - Subsec. (c). Pub. L. 91-546 provided for holding court at

Westbury.

1967 - Subsec. (c). Pub. L. 90-217 provided for holding court at

Mineola.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to

affect the composition, or preclude the service, of any grand or

petit jury summoned, impaneled, or actually serving on that date,

see section 411 of Pub. L. 98-620, set out as a note under section

85 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 95-408 effective 180 days after Oct. 2,

1978, with such amendment not to affect the composition or preclude

the service of any grand or petit juror summoned, empaneled, or

actually serving in any judicial district on the effective date of

this Act, see section 5 of Pub. L. 95-408, set out as a note under

section 89 of this title.

PRETERMISSION OF REGULAR SESSION OF COURT AT HEMPSTEAD AND HOLDING

OF SPECIAL SESSION AT WESTBURY; PROCEDURES APPLICABLE,

APPROPRIATIONS, ETC.

Sections 2 to 5 of Pub. L. 95-271 provided that:

"Sec. 2. The United States District Court for the Eastern

District of New York, by order made anywhere within its district,

may pretermit the regular session of court at Hempstead until

Federal quarters and accommodations are available and ready for

occupancy, except that for the entire period and such

pretermission, a special session of the court shall be held at

Westbury. Pretermission may be ordered without regard to the

provisions of section 140(a) of title 28, United States Code.

"Sec. 3. Notwithstanding the provisions of section 142 of title

28, United States Code, the Administrator of General Services, at

the request of the Director of the Administrative Office of the

United States Courts, shall continue to provide existing quarters

and accommodations at Westbury for the duration of the special

session held pursuant to section 2 of this Act. Appropriations to

the judicial branch of Government shall be available to the

Director to make necessary disbursements for such quarters and

accommodations, and to pay user charges as required by section 210

of the Federal Property and Administrative Services Act of 1949, as

amended (40 U.S.C. 490) [see now 40 U.S.C. 586, 587], at rates

otherwise authorized by law.

"Sec. 4. Notwithstanding the provisions of section 456 of title

28, United States Code, any judge, and any officer or employee of

the judicial branch, whose official station is, on the day before

the date of enactment of this Act [Apr. 28, 1978], Westbury, may

maintain that official station for the duration of the special

session held pursuant to section 2 of this Act.

"Sec. 5. The Director of the Administrative Office of the United

States Courts may pay travel and transportation expenses in

accordance with subchapter II, chapter 57 of title 5, United States

Code, to any officer or employee of the judicial branch whose

official station changes as a consequence of this Act [enacting

this provision and amending subsec. (c) of this section] and who

relocates his residence incident to such change of official

station."

-End-

-CITE-

28 USC Sec. 113 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 113. North Carolina

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 886; Pub. L. 89-319, Nov. 2,

1965, 79 Stat. 1186; Pub. L. 96-462, Sec. 5(a)-(c), Oct. 15, 1980,

94 Stat. 2053, 2054; Pub. L. 102-272, Apr. 21, 1992, 106 Stat.

112.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 179 (Mar. 3, 1911, ch.

231, Sec. 98, 36 Stat. 1120; Oct. 7, 1914, ch. 318, 38 Stat. 728;

Mar. 17, 1920, ch. 101, Sec. 1, 41 Stat. 531; June 7, 1924, ch.

359, Sec. 1, 43 Stat. 661; Dec. 24, 1924, ch. 18, 43 Stat. 721;

June 12, 1926, ch. 566, 44 Stat. 734; June 22, 1926, ch. 645, 44

Stat. 758; June 22, 1926, ch. 646, 44 Stat. 758; Mar. 2, 1927, ch.

276, 44 Stat. 1339; Apr. 25, 1928, ch. 432, 45 Stat. 457; May 10,

1928, ch. 516, 45 Stat. 495; Feb. 20, 1933, ch. 107, 47 Stat. 859;

Feb. 28, 1933, ch. 133, 47 Stat. 1350; June 28, 1935, ch. 330,

Secs. 1, 2, 49 Stat. 429; June 24, 1936, ch. 744, 49 Stat. 1898;

June 24, 1936, ch. 759, 49 Stat. 1910; Aug. 17, 1937, ch. 688, 50

Stat. 671).

References to civil and criminal terms at Raleigh were omitted as

more properly the subject of rule of court.

The following language at the end of section 179 of title 28,

U.S.C., 1940 ed., was omitted: "There shall be a judge appointed

for the said middle district in the manner now provided by law who

shall receive the salary provided by law for the judges of the

eastern and western districts, and a district attorney, marshal,

clerk, and other officers in the manner and at the salary now

provided by law. All causes in the said middle district in equity,

bankruptcy, or admiralty, in which orders and decrees have already

been made and which are now in process of trial, shall continue and

remain subject to the jurisdiction of the judge of that district by

whom the same shall have been made and before whom the same shall

have been partially tried and determined."

The first sentence is superfluous in view of other sections of

this title governing the appointment and compensation of the

judges, clerks and marshals of the district courts and of district

attorneys. The last sentence is obsolete, having been enacted in

1927, and being limited to cases affected by the creation of the

middle district.

Provisions for maintenance of offices by the clerks at certain

cities were omitted. (See Reviser's Note under sections 452 and 751

of this title.)

Provisions for furnishing rooms and accommodations at Durham,

Rockingham, and Winston-Salem were omitted as obsolete upon advice

of the Director of the Administrative Office of the United States

Courts that Federal accommodations are now available in such

places.

The provisions respecting court accommodations at Bryson City and

Shelby were omitted as covered by section 142 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-272, which directed the amendment

of subsec. (a) by striking out "Clinton," and "Washington," and

inserting "Greenville," after "Fayetteville,", was executed to the

second sentence to reflect the probable intent of Congress.

1980 - Subsec. (a). Pub. L. 96-462, Sec. 5(a), added that portion

of Durham County encompassing the Federal Correctional Institution,

Butner, North Carolina to the Eastern District.

Subsec. (b). Pub. L. 96-462, Sec. 5(b), struck out references to

Alleghany, Ashe, Watauga, and Wilkes counties in the list of

counties comprising the Middle District; inserted "(excluding that

portion of Durham County encompassing the Federal Correctional

Institution, Butner, North Carolina)" in first sentence as the

probable intent of Congress; and struck out Rockingham, Salisbury,

and Wilkesboro as places for holding court.

Subsec. (c). Pub. L. 96-462, Sec. 5(c), added Alleghany, Ashe,

Watauga, and Wilkes counties to the Western District.

1965 - Pub. L. 89-319 provided for holding court at Clinton.

EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISIONS

Amendment by Pub. L. 96-462 effective Oct. 1, 1981, but not to

affect the composition or preclude the service of any grand or

petit juror summoned, empaneled, or actually serving in any

judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96-462,

set out as a note under section 84 of this title.

Section 5(d) of Pub. L. 96-462 provided that: "The amendments

made by this section [amending this section] shall not apply to any

action commenced before the effective date of such amendments [Oct.

1, 1981] and pending in any judicial district of North Carolina on

such date."

-End-

-CITE-

28 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 114. North Dakota

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 886; Pub. L. 95-408, Sec. 3(b),

Oct. 2, 1978, 92 Stat. 883.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 180 (Mar. 3, 1911, ch.

231, Sec. 99, 36 Stat. 1121; Feb. 5, 1912, ch. 28, 37 Stat. 60;

July 17, 1916, ch. 248, 39 Stat. 386; Apr. 10, 1926, ch. 112, 44

Stat. 237; June 3, 1930, ch. 394, 46 Stat. 495; June 29, 1932, ch.

305, 47 Stat. 341; June 19, 1934, ch. 664, 48 Stat. 1120; Dec. 16,

1944, ch. 604, 58 Stat. 814).

A provision relating to maintenance of offices by the clerk was

omitted as covered by section 751 of this title.

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 sections 122 and 128 of this title

are based. They were omitted for the same reason. Such provisions

did not appear in sections respecting other States containing

Indian reservations.

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). Pub. L. 95-408, Sec. 3(b)(1), struck out

Sheridan and Wells from the counties comprising the Southeastern

Division.

Par. (3). Pub. L. 95-408, Sec. 3(b)(2), struck out Bottineau,

McHenry and Pierce from the counties comprising the Northeastern

Division.

Par. (4). Pub. L. 95-408, Sec. 3(b)(3), added Bottineau, McHenry,

Pierce, Sheridan and Wells to those counties comprising the

Northwestern Division.

EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 95-408 effective 180 days after Oct. 2,

1978, with such amendment not to affect the composition or preclude

the service of any grand or petit juror summoned, empaneled, or

actually serving in any judicial district on the effective date of

this Act, see section 5 of Pub. L. 95-408, set out as a note under

section 89 of this title.

-End-

-CITE-

28 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 115. Ohio

-STATUTE-

Ohio is divided into two judicial districts to be known as the

Northern and Southern Districts of Ohio.

NORTHERN DISTRICT

(a) The Northern District comprises two divisions.

(1) The Eastern Division comprises the counties of Ashland,

Ashtabula, Carroll, Columbiana, Crawford, Cuyahoga, Geauga,

Holmes, Lake, Lorain, Mahoning, Medina, Portage, Richland,

Stark, Summit, Trumbull, Tuscarawas, and Wayne.

Court for the Eastern Division shall be held at Cleveland,

Youngstown, and Akron.

(2) The Western Division comprises the counties of Allen,

Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,

Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam,

Sandusky, Seneca, Van Wert, Williams, Woods, and Wyandot.

Court for the Western Division shall be held at Lima and

Toledo.

SOUTHERN DISTRICT

(b) The Southern District comprises two divisions.

(1) The Western Division comprises the counties of Adams,

Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke,

Greene, Hamilton, Highland, Lawrence, Miami, Montgomery,

Preble, Scioto, Shelby, and Warren.

Court for the Western Division shall be held at Cincinnati

and Dayton.

(2) The Eastern Division comprises the counties of Athens,

Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin,

Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson,

Knox, Licking, Logan, Madison, Meigs, Monroe, Morgan,

Morrow, Muskingum, Noble, Perry, Pickaway, Pike, Ross,

Union, Vinton, and Washington.

Court for the Eastern Division shall be held at Columbus (!1)

St. Clairsville, and Steubenville.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 887; Feb. 10, 1954, ch. 6, Sec.

2(b)(9), 68 Stat. 11; Pub. L. 107-273, div. C, title I, Sec. 11021,

Nov. 2, 2002, 116 Stat. 1829.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 181 (Mar. 3, 1911, ch.

231, Sec. 100, 36 Stat. 1121; Mar. 4, 1915, ch. 159, 38 Stat. 1187;

Feb. 14, 1923, ch. 78, 42 Stat. 1246).

Other provisions of said section 181 of title 28, U.S.C., 1940

ed., are incorporated in section 1865 of this title.

Provisions relating to the place of institution or trial of

prosecutions and civil actions and transfer thereof were omitted.

Such provisions, as to civil cases, are covered by section 1391 et

seq. of this title, and as to criminal cases, are rendered

unnecessary because of inherent power of the court and Rules 18-20

of the Federal Rules of Criminal Procedure relating to venue.

The provision respecting court accommodations at Lima was omitted

as covered by section 142 of this title.

Changes were made in arrangement and phraseology.

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-273, which directed amendment

of par. (2) by inserting "St. Clairsville," after "Columbus,", was

executed by making the insertion after "Columbus", to reflect the

probable intent of Congress.

1954 - Subsec. (a)(1). Act Feb. 10, 1954, provided for holding

court at Akron.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

28 USC Sec. 116 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 116. Oklahoma

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 887; Pub. L. 89-526, Sec. 1, Aug.

4, 1966, 80 Stat. 335.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 182, 182a (Mar. 3,

1911, ch. 231, Sec. 101, 36 Stat. 1122; Feb. 20, 1917, ch. 102, 39

Stat. 927; June 13, 1918, ch. 98, 40 Stat. 604; Feb. 26, 1919, ch.

54, 40 Stat. 1184; June 5, 1924, ch. 259, 43 Stat. 387; Jan. 10,

1925, chs. 68, 69, 43 Stat. 730, 731; Feb. 16, 1925, ch. 233, Sec.

1, 43 Stat. 945; May 7, 1926, ch. 255, 44 Stat. 408; Apr. 21, 1928,

ch. 395, 45 Stat. 440; Mar. 2, 1929, ch. 539, 45 Stat. 1518; June

28, 1930, ch. 714, 46 Stat. 829; May 13, 1936, ch. 386, 49 Stat.

1271; Aug. 12, 1937, ch. 595, 50 Stat. 625).

Provisions for furnishing rooms and accommodations at Ada,

Bartlesville, Mangum, Miami, Okmulgee, and Ponca City were omitted

as obsolete, on advice of the Director of the Administrative Office

of the United States Courts that Federal accommodations are now

available at such places.

A provision making inoperative the requirement for furnishing

court accommodations without cost to the United States whenever the

same shall be provided in federal buildings at Shawnee, was omitted

as unnecessary. When such buildings become available the Director

will, under section 604 of this title, provide court accommodations

therein.

A provision for adjournment of any term by an order made in

chambers, is incorporated in section 140 of this title.

Provisions relating to maintenance of offices by the clerks were

omitted as covered by section 751 of this title.

The provisions respecting court accommodations at Durant, Hugo,

Poteau, Pauls Valley, Pawhuska, and Shawnee were omitted as covered

by section 142 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1966 - Pub. L. 89-526 transferred from the Eastern District in

subsec. (b) to the Western District in subsec. (c) the counties of

Garvin, Grady, Jefferson, McClain, and Stephens and the places for

holding court at Chickasha and Pauls Valley.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 2 of Pub. L. 89-526 provided that: "The amendments made

by this Act [amending this section] shall take effect on the

sixtieth day after the date of enactment of this Act [Aug. 4,

1966]."

-End-

-CITE-

28 USC Sec. 117 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 117. Oregon

-STATUTE-

Oregon constitutes one judicial district.

Court shall be held at Coquille, Eugene or Springfield,

Klamath Falls, Medford, Pendleton, and Portland.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 888; Aug. 3, 1950, ch. 514, 64

Stat. 393; Pub. L. 91-272, Sec. 7, June 2, 1970, 84 Stat. 297; Pub.

L. 106-518, title V, Sec. 502, Nov. 13, 2000, 114 Stat. 2422.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 183 (Mar. 3, 1911, ch.

231, Sec. 102, 36 Stat. 1122; Nov. 6, 1945, ch. 447, 59 Stat. 555).

Provisions relating to appointment and residence of deputies by

the clerk and marshal, and maintenance of offices by said officers,

were omitted as covered by sections 541 [see 561], 542 [see 561],

and 751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

2000 - Pub. L. 106-518 substituted "Eugene or Springfield" for

"Eugene".

1970 - Pub. L. 91-272 provided for holding court at Coquille.

1950 - Act Aug. 3, 1950, provided for holding court at Eugene.

-End-

-CITE-

28 USC Sec. 118 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 118. Pennsylvania

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 888; Pub. L. 91-272, Sec. 6, June

2, 1970, 84 Stat. 297; Pub. L. 95-573, Sec. 4, Nov. 2, 1978, 92

Stat. 2458; Pub. L. 102-396, title IX, Sec. 9161, Oct. 6, 1992, 106

Stat. 1947; Pub. L. 105-277, div. A, Sec. 101(b) [title VI, Sec.

624(a)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-116.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 184 (Mar. 3, 1911, ch.

231, Sec. 103, 36 Stat. 1123; Mar. 3, 1913, ch. 113, 37 Stat. 730;

June 6, 1914, ch. 104, 38 Stat. 385; Sept. 9, 1914, ch. 296, 38

Stat. 713; Apr. 26, 1926, ch. 185, 44 Stat. 324; June 27, 1930, ch.

634, 46 Stat. 820; Aug. 3, 1935, ch. 433, 49 Stat. 514; May 13,

1936, ch. 385, 49 Stat. 1271; June 13, 1938, ch. 351, 52 Stat. 674;

Mar. 5, 1942, ch. 143, 56 Stat. 132).

Provisions relating to maintenance of offices at certain places

by the clerks and marshals were omitted as covered by sections 541

[see 561] and 751 of this title.

Provisions for the continuance of terms were omitted as covered

by section 139 of this title.

Provisions with respect to the return of process, and the places

of keeping court papers, were omitted as matters for determination

by rule of court or for the action of the judicial council in

cooperation with the Administrative Office of the United States

Courts.

The provisions for trial of cases at Lewisburg and Erie unless

counsel consent to trial elsewhere were omitted as inconsistent

with the uniform practice provided by this title.

Changes were made in phraseology and arrangement.

SENATE REVISION AMENDMENT

By Senate amendment to the bill, Blair County was transferred

from the Middle District to the Western District of Pennsylvania.

This was in conformity with Act July 11, 1947, ch. 224, 61 Stat.

310, which so amended section 184 of title 28, U.S.C., 1940 ed.,

the source of this section. See 80th Congress Senate Report No.

1559.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(b) [title VI, Sec.

624(a)(1)], substituted "and Philadelphia" for "Philadelphia, and

Schuylkill".

Subsec. (b). Pub. L. 105-277, Sec. 101(b) [title VI, Sec.

624(a)(2)], inserted "Schuylkill," after "Potter,".

1992 - Subsec. (a). Pub. L. 102-396 inserted "Lancaster," before

"Reading".

1978 - Subsec. (c). Pub. L. 95-573 provided for holding court at

Johnstown.

1970 - Subsec. (a). Pub. L. 91-272 provided for holding court at

Allentown and Reading.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(b) [title VI, Sec. 624(b)],

Oct. 21, 1998, 112 Stat. 2681-50, 2681-116, provided that:

"(1) This section [amending this section] and the amendments made

by this section shall take effect 180 days after the date of the

enactment of this Act [Oct. 21, 1998].

"(2) This section and the amendments made by this section shall

not affect any action commenced before the effective date of this

section and pending on such date in the United States District

Court for the Eastern District of Pennsylvania.

"(3) This section and the amendments made by this section shall

not affect the composition, or preclude the service, of any grand

or petit jury summoned, impaneled, or actually serving on the

effective date of this section."

-End-

-CITE-

28 USC Sec. 119 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 119. Puerto Rico

-STATUTE-

Puerto Rico constitutes one judicial district.

Court shall be held at Mayaguez, Ponce, and San Juan.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 889.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 863 and 864 of title 48, U.S.C., 1940 ed.,

Territories and Insular Possessions (Apr. 12, 1900, ch. 191, Secs.

34, 35, 31 Stat. 84, 85; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 2,

1917, ch. 145, Secs. 41, 42, 39 Stat. 965, 966; Mar. 4, 1921, ch.

161, Sec. 1, 41 Stat. 1412; Feb. 13, 1925, ch. 229, Secs. 1, 13, 43

Stat. 936, 942; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; Jan.

31, 1928, ch. 14, Sec. 1, 45 Stat. 54; May 17, 1932, ch. 190, 47

Stat. 158; Mar. 26, 1938, ch. 51, Sec. 2, 52 Stat. 118).

Section consolidates parts of sections 863 and 864 of title 48,

U.S.C., 1940 ed., with changes in phraseology necessary to effect

consolidation.

The provision of sections 863 of title 48, U.S.C., 1940 ed., for

appointment of a district judge is incorporated in section 133 of

this title; for tenure, in section 134 of this title, and for

salary was omitted as covered by section 135 of this title.

The provisions of section 863 of title 48, U.S.C., 1940 ed., for

appointment and tenure of United States attorneys and marshals are

incorporated in sections 501 [now 541], 504 [now 541 to 544], and

541 [see 561] of this title.

The provisions of section 863 of title 48, U.S.C., 1940 ed., for

appointment of United States Commissioners and other court officers

are incorporated in sections 631 and 751 of this title.

The provision of section 864 of title 48, U.S.C., 1940 ed., as to

the holding of regular and special terms of court was omitted as

covered by sections 138 and 141 of this title.

The provision of section 864 of title 48, U.S.C., 1940 ed., that

the district court shall be attached to the first circuit is

incorporated in section 41 of this title.

The provision of section 864 of title 48, U.S.C., 1940 ed., for

appeals to the circuit court of appeals is incorporated in section

1295 of this title.

Other provisions of sections 863 and 864 of title 48, U.S.C.,

1940 ed., are retained in title 48.

-End-

-CITE-

28 USC Sec. 120 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 120. Rhode Island

-STATUTE-

Rhode Island constitutes one judicial district.

Court shall be held at Providence.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 889.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 185 (Mar. 3, 1911, ch.

231, Sec. 104, 36 Stat. 1123; Feb. 1, 1912, ch. 27, 37 Stat. 59).

Changes in phraseology were made.

-End-

-CITE-

28 USC Sec. 121 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 121. South Carolina

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 889; Pub. L. 89-242, Sec. 1(a),

Oct. 7, 1965, 79 Stat. 951; Pub. L. 99-657, Sec. 2, Nov. 14, 1986,

100 Stat. 3670; Pub. L. 102-140, title III, Sec. 304, Oct. 28,

1991, 105 Stat. 810.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 186 (Mar. 3, 1911, ch.

231, Sec. 105, 36 Stat. 1123; Feb. 5, 1912, ch. 28, 37 Stat. 60;

Mar. 3, 1915, ch. 100, Sec. 5, 38 Stat. 961; Sept. 1, 1916, ch.

434, 39 Stat. 721; Mar. 4, 1923, ch. 261, 42 Stat. 1486; Jan. 30,

1925, ch. 118, 43 Stat. 800; June 26, 1926, ch. 696, Secs. 1-3, 44

Stat. 773; June 20, 1936, ch. 637, Secs. 1-3, 49 Stat. 1558, 1559;

June 12, 1940, ch. 335, 54 Stat. 344; June 28, 1943, ch. 173, title

II, Sec. 204, 57 Stat. 244; Dec. 13, 1944, ch. 556, 58 Stat. 801).

The last sentence of section 186 of title 28, U.S.C., 1940 ed.,

relating to trial of criminal cases in the division in which the

offense was committed, was omitted as fully covered by Rules 18-22

of the Federal Rules of Criminal Procedure.

A provision relating to the places of the clerks' offices was

omitted as covered by section 751 of this title.

The provision respecting court accommodations at Orangeburg was

omitted as covered by section 142 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1991 - Par. (4). Pub. L. 102-140, Sec. 304(1), struck out

reference to Hampton County.

Par. (11). Pub. L. 102-140, Sec. 304(2), inserted reference to

Hampton County.

1986 - Pub. L. 99-657, Sec. 2(1), substituted "eleven divisions"

for "ten divisions" in introductory text.

Par. (1). Pub. L. 99-657, Sec. 2(2), struck out "Beaufort," after

"counties of" and substituted "and Georgetown" for "Georgetown, and

Jasper".

Par. (11). Pub. L. 99-657, Sec. 2(3), added par. (11).

1965 - Pub. L. 89-242 consolidated into a single district the 10

divisions of the state which had formerly been divided into an

Eastern and a Western District.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 4 of Pub. L. 99-657 provided that:

"(a) Effective Date. - (1) The amendments made by sections 2 and

3 [amending this section and section 90 of this title] take effect

90 days after the date of the enactment of this Act [Nov. 14,

1986].

"(2) The amendment made by section 4 [enacting this note] takes

effect on the date of the enactment of this Act.

"(b) Pending Actions. - The amendments made by this Act [amending

this section and section 90 of this title] shall not affect any

action commenced before the effective date of such amendments and

pending on such date.

"(c) Juries. - The amendments made by this Act [amending this

section and section 90 of this title] shall not affect the

composition, or preclude the service, of any grand or petit jury

summoned, empaneled, or actually serving on the effective date of

such amendments."

EFFECTIVE DATE OF 1965 AMENDMENT

Section 6 of Pub. L. 89-242 provided that: "The provisions of

this Act [amending this section and section 133 of this title and

enacting provisions set out as a note below] shall become effective

on the first day of the month following the date of enactment of

this Act [Oct. 7, 1965]."

CONSOLIDATION OF SOUTH CAROLINA INTO A SINGLE JUDICIAL DISTRICT

Sections 2 to 5 of Pub. L. 89-242 provided for the consolidation,

in compliance with section 132 of this title, of the Eastern and

Western Districts of South Carolina into a single district with

continuing jurisdiction over civil cases and criminal acts pending

or committed prior to Nov. 1, 1965, and appropriate provisions for

the appointment or transfer of United States attorneys, marshalls,

and other court personnel, then serving, from the two districts to

the consolidated district.

-End-

-CITE-

28 USC Sec. 122 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 122. South Dakota

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 889; Pub. L. 89-638, Oct. 10,

1966, 80 Stat. 883; Pub. L. 92-376, Aug. 10, 1972, 86 Stat. 529;

Pub. L. 101-650, title III, Sec. 324(b), Dec. 1, 1990, 104 Stat.

5120.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 187 (Mar. 3, 1911, ch.

231, Sec. 106, 36 Stat. 1123; June 11, 1932, ch. 242, 47 Stat.

300).

A provision relating to maintenance of offices by the clerk was

omitted as covered by sections 452 and 751 of this title.

Provisions that the Northern Division included Lake Traverse

Indian Reservation and that part of Standing Rock Indian

Reservation lying in South Dakota; that the Southern Division

included the Yorkton Indian Reservation; that the Central Division

included the Cheyenne River, Lower Brule, and Crow Creek Indian

Reservations; and that the Western Division included Rosebud and

Pine Ridge Indian Reservations, were all omitted as surplusage.

(See Reviser's Note under section 114 of this title.)

Changes in arrangement and phraseology were made.

AMENDMENTS

1990 - Par. (3). Pub. L. 101-650, Sec. 324(b)(1), struck out

"Jackson," after "Hyde,".

Par. (4). Pub. L. 101-650, Sec. 324(b)(2), inserted "Jackson,"

after "Harding," and substituted "and Shannon" for "Shannon,

Washabaugh, and Washington".

1972 - Par. (2). Pub. L. 92-376, Sec. 1(a), removed Gregory

County from the Southern Division.

Par. (3). Pub. L. 92-376, Sec. 1(b), added Gregory, Mellette,

Todd, and Tripp counties to the Central Division and removed

Armstrong county from the Central Division.

Par. (4). Pub. L. 92-376, Sec. 1(c), removed Mellette, Todd, and

Tripp counties from the Western Division.

1966 - Pub. L. 89-638 provided for holding court at Rapid City.

-End-

-CITE-

28 USC Sec. 123 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 123. Tennessee

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 890; Pub. L. 87-36, Sec. 3(e),

May 19, 1961, 75 Stat. 83; Pub. L. 87-86, July 11, 1961, 75 Stat.

203; Pub. L. 91-272, Sec. 12, June 2, 1970, 84 Stat. 298.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 188 (Mar. 3, 1911, ch.

231, Sec. 107, 36 Stat. 1124; Aug. 20, 1912, ch. 306, 37 Stat. 314;

June 22, 1916, ch. 161, 39 Stat. 232; Mar. 4, 1923, ch. 289, 42

Stat. 1520; May 17, 1926, ch. 310, 44 Stat. 561; Mar. 1, 1927, ch.

244, 44 Stat. 1262; May 13, 1932, ch. 179, 47 Stat. 153; June 16,

1933, ch. 94, 48 Stat. 253; July 30, 1937, ch. 539, 50 Stat. 546;

June 12, 1940, ch. 341, 54 Stat. 348; Nov. 27, 1940, ch. 920, Sec.

1, 54 Stat. 1216; Dec. 3, 1943, ch. 332, 57 Stat. 595).

Words "The said judge shall possess the same powers, perform the

same duties, and receive the same compensation as other district

judges," and words, "The President is authorized to appoint, by and

with the consent of the Senate, a successor or successors to said

judge as vacancies may occur. Nothing herein contained shall be

construed to prevent said judge or his successors from becoming the

senior district judge by succession, or from exercising the powers

and rights of senior district judge of said district. The judge

designated herein to hold regular and special terms of court at

Winchester and Chattanooga shall make all necessary orders for the

disposition of business and assignment of cases for trial in said

divisions," were deleted as superfluous, in view of sections 132

and 141 of this title.

Words "The district attorneys and marshals for the eastern,

middle, and western districts of Tennessee in office immediately

prior to November 27, 1940, shall be during the remainder of their

present terms of office the district attorneys and marshals for

such districts as constituted by this section. The district judge

for the middle district of Tennessee shall be the district judge

for the middle district of Tennessee as constituted by this section

and shall hold regular and special terms of court at Nashville,

Columbia, and Cookeville. The district judge for the western

district of Tennessee shall hold regular and special terms of court

at Memphis and Jackson," at the end of the section, were deleted as

temporary, and as superfluous, in view of the remainder of the

section, prescribing the places for holding terms of court.

A provision for furnishing rooms and accommodations by the local

authorities for holding court at Columbia "but only until such time

as such accommodations shall be provided upon the recommendation of

the Director of the Administrative Office of the United States

Courts in a public building or other quarters provided by the

Federal Government for such purpose," was omitted on advice of the

Director of the Administrative Office of the United States Courts

that Federal accommodations are now available.

An identical provision with reference to Winchester is retained

in part, but the words quoted above were omitted as unnecessary

since, when such buildings become available, the Director will,

under section 604 of this title, provide court accommodations

therein.

The last paragraph of the revised section consolidates the

provisions of paragraphs (e) and (f) of section 188 of title 28,

U.S.C., 1940 ed., relating to the terms of court to be held in the

two divisions of the eastern district by the two judges, and their

respective powers of appointment of court officers and employees.

Provisions relating to appointment and residence of deputy

marshals and maintenance of clerk's office, were omitted as covered

by sections 542 [see 561] and 751 of this title.

The clerk of court in a letter dated February 7, 1945, calls

attention to a rule of court providing for hearing of all

bankruptcy matters arising in Haywood County at Jackson in the

eastern division of the western district.

The provision respecting court accommodations at Winchester was

omitted as covered by section 142 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1970 - Subsec. (c)(1). Pub. L. 91-272, Sec. 12(a), added Haywood

County to the enumeration of counties comprising the Eastern

Division of the Western District.

Subsec. (c)(2). Pub. L. 91-272, Sec. 12(b), struck out Haywood

County from the enumeration of counties comprising the Western

Division of the Western District.

1961 - Subsec. (c)(2). Pub. L. 87-36, as amended by Pub. L.

87-86, provided for holding court at Dyersburg.

-End-

-CITE-

28 USC Sec. 124 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 124. Texas

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 891; Feb. 10, 1954, ch. 6, Sec.

2(b)(9)(a), (b), 68 Stat. 11; Pub. L. 85-298, Secs. 1, 2, Sept. 4,

1957, 71 Stat. 618; Pub. L. 87-352, Oct. 4, 1961, 75 Stat. 772;

Pub. L. 88-282, Mar. 11, 1964, 78 Stat. 163; Pub. L. 88-512, Aug.

30, 1964, 78 Stat. 695; Pub. L. 90-216, Dec. 18, 1967, 81 Stat.

661; Pub. L. 96-462, Sec. 6, Oct. 15, 1980, 94 Stat. 2054; Pub. L.

98-620, title IV, Sec. 407(a), Nov. 8, 1984, 98 Stat. 3362.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 189 (Mar. 3, 1911, ch.

231, Sec. 108, 36 Stat. 1125; May 29, 1912, ch. 144, 37 Stat. 120;

Feb. 5, 1913, ch. 28, Secs. 1, 2, 37 Stat. 663; Feb. 26, 1917, ch.

122, 39 Stat. 939; Mar. 1, 1919, ch. 87, 40 Stat. 1270; Mar. 2,

1923, ch. 172, Secs. 1, 2, 42 Stat. 1373; Apr. 3, 1924, ch. 82, 43

Stat. 64; May 29, 1924, ch. 211, Secs. 1, 2, 43 Stat. 244; May 26,

1928, ch. 752, Sec. 1, 45 Stat. 747; June 6, 1930, ch. 408, 46

Stat. 521; June 24, 1930, ch. 596, 46 Stat. 807; Feb. 20, 1932, ch.

51, 47 Stat. 52; July 25, 1939, ch. 356, Sec. 1, 53 Stat. 1082;

June 6, 1940, ch. 252, 54 Stat. 241.)

Words "and all prosecutions against persons for offenses

committed in the county of Reagan shall be tried in the court at

San Angelo: Provided, That no civil or criminal cause begun and

pending prior to May 29, 1924, shall be in any way affected," words

"and all prosecutions against persons for offenses committed in the

county of Pecos shall be tried in the district court at El Paso, or

Pecos City: Provided, That no civil or criminal cause begun and

pending prior to March 2, 1923, shall be in any way affected," and

words "Provided, That no civil or criminal cause commenced prior to

June 24, 1930, shall be in any way affected," were all deleted as

superseded by Federal Rules of Criminal Procedure, Rules 18-22, and

as obsolete, in view of the lapse of time after the dates included

in such provisions.

Provisions for furnishing rooms and accommodations at Pecos and

Wichita Falls were omitted as obsolete, on advice of the Director

of the Administrative Office of the United States Courts that

Federal accommodations are now available at such places.

Provisions relating to the maintenance of offices at various

cities by the clerks were omitted as covered by sections 452 and

751 of this title.

Provisions that process against residents of Pecos County shall

issue from and be returnable to the court at Pecos City and against

residents of Reagan County at San Angelo, were omitted since such

matter can be regulated more appropriately by court rule or order.

(See Rule 4 of Federal Rules of Civil Procedure.)

The provisions requiring notice to be given for time of holding

court in Pecos division and at Corpus Christi, were omitted as

covered by section 141 of this title.

Five counties included in this section were created since the

enactment of section 189 of title 28. These were Kleberg County and

Kenedy County of the Corpus Christi division of the southern

district, Culberson County and Hudspeth County of the El Paso

division of the western district, and Real County of the San

Antonio division of the western district. Pecos County is included

in the Pecos division and omitted from the El Paso division of the

western district to conform to the practice of the court.

Changes in arrangement and phraseology were made.

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-620, Sec. 407(a)(1), substituted

"seven" for "six" in provisions preceding par. (1).

Subsec. (b)(4). Pub. L. 98-620, Sec. 407(a)(2), struck out

references to Hidalgo and Starr counties from the counties

comprising the Brownsville Division of the Southern District.

Subsec. (b)(7). Pub. L. 98-620, Sec. 407(a)(3), added par. (7).

1980 - Subsec. (b)(2). Pub. L. 96-462, Sec. 6(a), struck out

references to Polk and Trinity counties in list of counties

comprising Houston Division of Southern District.

Subsec. (c). Pub. L. 96-462, Sec. 6(b), in provisions preceding

par. (1) substituted "seven" for "six"; in par. (1) struck out

references to Angelina, Houston, Nacogdoches, and Shelby counties

in list of counties comprising Tyler Division of Eastern District;

in par. (2) struck out references to Sabine, San Augustine, and

Tyler counties in list of counties comprising Beaumont Division of

Eastern District; and added par. (7).

1967 - Subsec. (d). Pub. L. 90-216, Sec. 1(4), enlarged from six

to seven the number of divisions comprising Western District.

Subsec. (d)(3). Pub. L. 90-216, Sec. 1(1), transferred counties

of Brewster, Culberson, Hudspeth, and Presidio from El Paso

Division to Pecos Division.

Subsec. (d)(6). Pub. L. 90-216, Sec. 1(2), added counties of

Brewster, Culberson, Hudspeth, and Presidio to Pecos Division from

El Paso Division, and transferred counties of Andrews, Crane,

Ector, Martin, Midland, and Upton from Pecos Division to

Midland-Odessa Division.

Subsec. (d)(7). Pub. L. 90-216, Sec. 1(3), added par. (7), which

created Midland-Odessa Division, comprised of counties of Andrews,

Crane, Ector, Martin, Midland, and Upton, transferred from Pecos

Division.

1964 - Subsec. (b)(1). Pub. L. 88-282, Sec. 1(a), struck out

Austin, Fort Bend, and Wharton counties from list comprising

Galveston Division.

Subsec. (b)(2). Pub. L. 88-282, Sec. 1(b), added Austin, Fort

Bend, and Wharton counties to list comprising Houston Division.

Subsec. (c)(4). Pub. L. 88-512, Sec. 1(a), added county of

Hopkins to Paris Division.

Subsec. (c)(5). Pub. L. 88-512, Sec. 1(b), struck out county of

Hopkins from Marshall Division.

1961 - Subsec. (c)(5). Pub. L. 87-352 changed the name of

Division from Jefferson to Marshall, and provided for holding court

at Marshall.

1957 - Subsec. (c)(1). Pub. L. 85-298, Sec. 2, inserted Shelby

County in list of counties comprising Tyler Division.

Subsec. (c)(2). Pub. L. 85-298, Sec. 1, struck out Shelby County

from list of counties comprising Beaumont Division.

1954 - Subsec. (d)(4). Act Feb. 10, 1954, Sec. 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, Sec. 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 Pub. L. 98-620 provided that: "The amendments

made by subsection (a) of this section [amending this section]

shall apply to any action commenced in the United States District

Court for the Southern District of Texas on or after the effective

date of this subtitle [Jan. 1, 1985], and shall not affect any

action pending in such court on such effective date."

Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to

affect the composition, or preclude the service, of any grand or

petit jury summoned, impaneled, or actually serving on that date,

see section 411 of Pub. L. 98-620, set out as a note under section

85 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 96-462 effective Oct. 1, 1981, but not to

affect the composition or preclude the service of any grand or

petit juror summoned, empaneled, or actually serving in any

judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96-462,

set out as a note under section 84 of this title.

-End-

-CITE-

28 USC Sec. 125 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 125. Utah

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 893; Pub. L. 104-317, title VI,

Sec. 606, Oct. 19, 1996, 110 Stat. 3859.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 190 (Mar. 3, 1911, ch.

231, Sec. 109, 36 Stat. 1127).

A provision relating to the maintenance of offices by the clerk

was omitted as covered by section 751 of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1996 - Par. (1). Pub. L. 104-317, Sec. 606(a), inserted "Salt

Lake City and" before "Ogden".

Par. (2). Pub. L. 104-317, Sec. 606(b), inserted ", Provo, and

St. George" after "Salt Lake City".

-End-

-CITE-

28 USC Sec. 126 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 126. Vermont

-STATUTE-

Vermont constitutes one judicial district.

Court shall be held at Bennington, Brattleboro, Burlington,

Montpelier, Rutland, Saint Johnsbury, and Windsor.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 893; Pub. L. 88-312, May 28,

1964, 78 Stat. 201; Pub. L. 98-620, title IV, Sec. 410, Nov. 8,

1984, 98 Stat. 3362.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 191 (Mar. 3, 1911, ch.

231, Sec. 110, 36 Stat. 1127; Feb. 1, 1912, ch. 26, 37 Stat. 58;

Feb. 28, 1929, ch. 360, 45 Stat. 1345).

Provision that "any stated term may, when adjourned, be adjourned

to meet at any of the other places at Montpelier or Newport," was

omitted as unnecessary and inconsistent with sections 140 and 141

of this title.

Changes in arrangement and phraseology were made.

AMENDMENTS

1984 - Pub. L. 98-620 provided for holding court at Bennington.

1964 - Pub. L. 88-312 provided for holding court at Montpelier

and Saint Johnsbury.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 effective Jan. 1, 1985, and not to

affect the composition, or preclude the service, of any grand or

petit jury summoned, impaneled, or actually serving on that date,

see section 411 of Pub. L. 98-620, set out as a note under section

85 of this title.

-End-

-CITE-

28 USC Sec. 127 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 127. Virginia

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 893; Pub. L. 90-383, July 5,

1968, 82 Stat. 292; Pub. L. 102-200, Sec. 1, Dec. 10, 1991, 105

Stat. 1630.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 192 and 192a, and

section 403c-2 of title 16, U.S.C., 1940 ed., Conservation (Mar. 3,

1911, ch. 231, Sec. 111, 36 Stat. 1127; June 13, 1918, ch. 100, 40

Stat. 605; Apr. 30, 1924, ch. 144, 43 Stat. 114; Feb. 21, 1925, ch.

290, 43 Stat. 962; Jan. 20, 1930, ch. 20, Sec. 1, 46 Stat. 56; Aug.

19, 1937, ch. 703, Sec. 2, 50 Stat. 701; June 13, 1938, ch. 350, 52

Stat. 674; Oct. 31, 1945, ch. 443, Sec. 202, 59 Stat. 554).

A provision of section 192 of title 28 relating to the

maintenance of offices by the clerk of the western district was

omitted as covered by sections 452 and 751 of this title.

Changes in arrangement and phraseology were made.

SENATE REVISION AMENDMENT

By Senate amendment, "Newport News" was inserted after

"Alexandria" in second paragraph of subsection (a) of this section.

See 80th Congress Senate Report No. 1559.

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-200, Sec. 1(1), struck out

reference to Culpeper, Louisa, and Orange counties.

Subsec. (b). Pub. L. 102-200, Sec. 1(2), inserted reference to

Culpeper, Louisa, and Orange counties.

1968 - Subsec. (c). Pub. L. 90-383 added subsec. (c).

APPLICABILITY OF 1991 AMENDMENTS

Section 2 of Pub. L. 102-200 provided that:

"(a) Pending Actions. - The amendments made by section 1

[amending this section] shall not apply to any action commenced

before the date of the enactment of this Act [Dec. 10, 1991] and

pending in the United States District Court for the Eastern

District of Virginia on such date.

"(b) Juries. - The amendments made by section 1 shall not affect

the composition, or preclude the service, of any grand or petit

jury summoned, empaneled, or actually serving in the Eastern or

Western District of Virginia on the date of the enactment of this

Act."

-End-

-CITE-

28 USC Sec. 128 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 128. Washington

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 894; Pub. L. 87-699, Sept. 25,

1962, 76 Stat. 598; Pub. L. 91-272, Sec. 4, June 2, 1970, 84 Stat.

297.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 193 (Mar. 3, 1911, ch.

231, Sec. 112, 36 Stat. 1128; June 15, 1937, ch. 351, 50 Stat. 260;

Dec. 28, 1945, ch. 596, 59 Stat. 661).

Words "with the waters thereof," after the list of counties in

each division, were omitted as unnecessary, and in view of the

absence of such words in most similar sections relating to other

States.

A provision relating to the maintenance of offices by the clerks

were omitted as covered by section 751 of this title.

Provisions that the counties in both divisions of the eastern

district included all Indian reservations in such counties and that

the counties in both divisions of the western district included all

Indian reservations in such counties were omitted as surplusage.

(See Reviser's Note under section 114 of this title.)

Pend Oreille County of the northern division of the eastern

district and Grays Harbor of the southern division of the western

district were created since the enactment of the Judicial Code.

Changes in arrangement and phraseology were made.

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-272, Sec. 4(a), struck out

provisions which had divided Eastern District into a Northern

Division and a Southern Division.

Subsec. (b). Pub. L. 91-272, Sec. 4(b), struck out provisions

which had divided Western District into a Northern Division and a

Southern Division.

1962 - Subsec. (a)(2). Pub. L. 87-699 provided for holding court

at Richland.

-End-

-CITE-

28 USC Sec. 129 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 129. West Virginia

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 894; Pub. L. 97-471, Sec. 1, Jan.

14, 1983, 96 Stat. 2601.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 194 (Mar. 3, 1911, ch.

231, Sec. 113, 36 Stat. 1129; Mar. 23, 1912, ch. 63, 37 Stat. 76;

Aug. 22, 1914, ch. 265, 38 Stat. 702; Feb. 27, 1922, ch. 83, 42

Stat. 398; June 22, 1936, ch. 695, 49 Stat. 1805; Aug. 23, 1937,

ch. 737, 50 Stat. 744; June 29, 1938, ch. 817, 52 Stat. 1245).

Words "with the waters thereof," after the list of counties in

each district, were omitted as unnecessary, and in view of the

absence of such words in similar sections relating to other States.

Provisions relating to special terms of court were omitted as

covered by section 141 of this title.

A provision that the term at Fairmont be held "when suitable

rooms and accommodations for holding terms of the court shall be

furnished at Fairmont free of cost to the United States or until,

subject to the recommendation of the Attorney General of the United

States with respect to providing such rooms and accommodations for

holding court at Fairmont, a Federal building containing such

suitable rooms and accommodations for holding court shall be

erected at such place," was omitted as obsolete on advice of the

Director of the Administrative Office of the United States Courts

that Federal accommodations are now available.

Provisions respecting court accommodations at Beckley and

Lewisburg were omitted as covered by section 142 of this title.

Changes were made in arrangement and phraseology.

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-471, Sec. 1(1), struck out

references to Parkersburg, Wirt, and Wood counties and inserted

references to Braxton, Pocahontas, and Webster counties.

Subsec. (b). Pub. L. 97-471, Sec. 1(2), struck out references to

Braxton, Pocahontas, and Webster counties and inserted references

to Parkersburg, Wirt, and Wood counties.

-End-

-CITE-

28 USC Sec. 130 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 130. Wisconsin

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 894; Pub. L. 87-573, Aug. 6,

1962, 76 Stat. 307.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 195 (Mar. 3, 1911, ch.

231, Sec. 114, 36 Stat. 1129; July 24, 1935, ch. 413, 49 Stat.

495).

Provisions for keeping the courts and their offices open at all

times were omitted as covered by section 452 of this title.

Provisions for maintenance of offices by the clerk and marshal,

and for the appointment and residence of a deputy marshal for

Superior, were omitted as covered by sections 541 [see 561], 542

[see 561], and 751 of this title.

Words "All causes and proceedings instituted in the court at

Superior shall be tried therein, unless by consent of the parties,

or upon the order of the court, they are transferred to another

place for trial," were omitted as unnecessary. Such provision, as

to civil cases, is covered by section 1404 of this title, and, as

to criminal cases, is rendered unnecessary because of inherent

power of the court and Rules 18-20 of the Federal Rules of Criminal

Procedure.

Provisions for the return of process, including criminal

warrants, at Superior and other places in the western district and

for the keeping of records in the clerk's office at Superior, were

omitted, since such matters can be regulated more appropriately by

court rule or order. (See Federal Rules of Civil Procedure, Rule 4,

and Federal Rules of Criminal Procedure, Rule 4(g).)

Changes in arrangement and phraseology were made.

AMENDMENTS

1962 - Subsec. (a). Pub. L. 87-573 inserted reference to

Menominee county.

DESIGNATION OF JUDGE TO HOLD COURT, EASTERN DISTRICT

Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 305(c)], Dec. 21,

2000, 114 Stat. 2762, 2762A-85, provided that: "The chief judge of

the eastern district of Wisconsin shall designate 1 judge who shall

hold court for such district in Green Bay, Wisconsin."

-End-

-CITE-

28 USC Sec. 131 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 131. Wyoming

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 98-353, title II,

Sec. 203(a), July 10, 1984, 98 Stat. 350.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 27 of title 16, U.S.C., 1940 ed., Conservation,

and title 28, U.S.C., 1940 ed., Sec. 196 (May 7, 1894, ch. 72, Sec.

5, 28 Stat. 74; Mar. 3, 1911, ch. 231, Secs. 115, 291, 36 Stat.

1130, 1167; June 5, 1924, ch. 260, 43 Stat. 388; June 28, 1938, ch.

778, Sec. 1, 52 Stat. 1213).

Section consolidates section 196 of title 28, U.S.C., 1940 ed.,

with a portion of section 27 of title 16, U.S.C., 1940 ed., with

necessary changes in arrangement and phraseology. Reference to

parts of Yellowstone National Park in Montana and Idaho is derived

from said section 27. Other provisions of said section are

incorporated in sections 631 and 632 of this title.

A provision of section 196 of title 28, U.S.C., 1940 ed., for

furnishing rooms and accommodations at Casper was omitted as

obsolete, upon advice of the Director of the Administrative Office

of the United States Courts that Federal accommodations are now

available there.

Provisions of section 196 of title 28, U.S.C., 1940 ed., for

appointment of deputies and maintenance of offices by the clerk and

marshal were omitted as covered by sections 541 [see 561], 542 [see

561], and 751 of this title.

AMENDMENTS

1984 - Pub. L. 98-353 provided for holding court at Jackson.

-End-

-CITE-

28 USC Sec. 132 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 132. Creation and composition of district courts

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 88-176, Sec. 2, Nov.

13, 1963, 77 Stat. 331.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 1, and section 641 of

title 48, U.S.C., 1940 ed., Territories and Insular Possessions

(Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1909, ch.

269, Sec. 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat.

1087; July 30, 1914, ch. 216, 38 Stat. 580; July 19, 1921, ch. 42,

Sec. 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec.

13, 1926, ch. 6, Sec. 1, 44 Stat. 19).

Section consolidates section 1 of title 28, U.S.C., 1940 ed., and

section 641 of title 48, U.S.C., 1940 ed., with changes in

phraseology necessary to effect the consolidation.

Subsection (c) is derived from section 641 of title 48, U.S.C.,

1940 ed., which applied only to the Territory of Hawaii. The

revised section, by extending it to all districts, merely

recognizes established practice.

Other portions of section 1 of title 28, U.S.C., 1940 ed., are

incorporated in sections 133 and 134 of this title. The remainder

of section 641 of title 48, U.S.C., 1940 ed., is incorporated in

sections 91 and 133 of this title.

AMENDMENTS

1963 - Subsec. (b). Pub. L. 88-176 inserted "regular" before

"active service".

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.

-End-

-CITE-

28 USC Sec. 133 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 133. Appointment and number of district judges

-STATUTE-

(a) The President shall appoint, by and with the advice and

consent of the Senate, district judges for the several judicial

districts, as follows:

Districts Judges

--------------------------------------------------------------------

Alabama:

Northern 7

Middle 3

Southern 3

Alaska 3

Arizona 12

Arkansas:

Eastern 5

Western 3

California:

Northern 14

Eastern 6

Central 27

Southern 13

Colorado 7

Connecticut 8

Delaware 4

District of Columbia 15

Florida:

Northern 4

Middle 15

Southern 17

Georgia:

Northern 11

Middle 4

Southern 3

Hawaii 3

Idaho 2

Illinois:

Northern 22

Central 4

Southern 4

Indiana:

Northern 5

Southern 5

Iowa:

Northern 2

Southern 3

Kansas 5

Kentucky:

Eastern 5

Western 4

Eastern and Western 1

Louisiana:

Eastern 12

Middle 3

Western 7

Maine 3

Maryland 10

Massachusetts 13

Michigan:

Eastern 15

Western 4

Minnesota 7

Mississippi:

Northern 3

Southern 6

Missouri:

Eastern 6

Western 5

Eastern and Western 2

Montana 3

Nebraska 3

Nevada 7

New Hampshire 3

New Jersey 17

New Mexico 6

New York:

Northern 5

Southern 28

Eastern 15

Western 4

North Carolina:

Eastern 4

Middle 4

Western 4

North Dakota 2

Ohio:

Northern 11

Southern 8

Oklahoma:

Northern 3

Eastern 1

Western 6

Northern, Eastern, and Western 1

Oregon 6

Pennsylvania:

Eastern 22

Middle 6

Western 10

Puerto Rico 7

Rhode Island 3

South Carolina 10

South Dakota 3

Tennessee:

Eastern 5

Middle 4

Western 5

Texas:

Northern 12

Southern 19

Eastern 7

Western 13

Utah 5

Vermont 2

Virginia:

Eastern 11

Western 4

Washington:

Eastern 4

Western 7

West Virginia:

Northern 3

Southern 5

Wisconsin:

Eastern 5

Western 2

Wyoming 3.

--------------------------------------------------------------------

(b)(1) In any case in which a judge of the United States (other

than a senior judge) assumes the duties of a full-time office of

Federal judicial administration, the President shall appoint, by

and with the advice and consent of the Senate, an additional judge

for the court on which such judge serves. If the judge who assumes

the duties of such full-time office leaves that office and resumes

the duties as an active judge of the court, then the President

shall not appoint a judge to fill the first vacancy which occurs

thereafter in that court.

(2) For purposes of paragraph (1), the term "office of Federal

judicial administration" means a position as Director of the

Federal Judicial Center, Director of the Administrative Office of

the United States Courts, or administrative assistant to the Chief

Justice.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 895; Aug. 3, 1949, ch. 387, Sec.

2(a), 63 Stat. 493; Aug. 14, 1950, ch. 708, 64 Stat. 443; Aug. 29,

1950, ch. 819, Sec. 1, 64 Stat. 562; Sept. 5, 1950, ch. 848, Sec.

1, 64 Stat. 578; Feb. 10, 1954, ch. 6, Sec. 2(a)(3), 68 Stat. 9;

Pub. L. 85-310, Sept. 7, 1957, 71 Stat. 631; Pub. L. 85-508, Sec.

12(c), July 7, 1958, 72 Stat. 348; Pub. L. 86-3, Sec. 9(b), Mar.

18, 1959, 73 Stat. 8; Pub. L. 87-36, Sec. 2(d), May 19, 1961, 75

Stat. 81; Pub. L. 87-562, Sec. 3, July 30, 1962, 76 Stat. 248; Pub.

L. 89-242, Sec. 1(c), Oct. 7, 1965, 79 Stat. 951; Pub. L. 89-372,

Sec. 4, Mar. 18, 1966, 80 Stat. 77; Pub. L. 91-272, Sec. 1(d), June

2, 1970, 84 Stat. 295; Pub. L. 92-208, Sec. 3(d), Dec. 18, 1971, 85

Stat. 742; Pub. L. 95-408, Sec. 4(b)(2), Oct. 2, 1978, 92 Stat.

885; Pub. L. 95-486, Sec. 1(c), Oct. 20, 1978, 92 Stat. 1630; Pub.

L. 97-471, Sec. 3, Jan. 14, 1983, 96 Stat. 2601; Pub. L. 98-353,

title II, Sec. 202(e), July 10, 1984, 98 Stat. 348; Pub. L.

101-650, title II, Sec. 203(d), title III, Sec. 303, Dec. 1, 1990,

104 Stat. 5101, 5105; Pub. L. 105-53, Sec. 4, Oct. 6, 1997, 111

Stat. 1174; Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title III,

Sec. 309(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A-37; Pub. L.

106-553, Sec. 1(a)(2) [title III, Sec. 305(b)], Dec. 21, 2000, 114

Stat. 2762, 2762A-85; Pub. L. 107-273, div. A, title III, Sec.

312(a)(2), (b)(2), Nov. 2, 2002, 116 Stat. 1786, 1787.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 1 and notes; sections

641, 643, 863, and 864 of title 48, U.S.C., 1940 ed., Territories

and Insular Possessions; District of Columbia Code, 1940 ed., Sec.

11-301 (Apr. 12, 1900, ch. 191, Secs. 34, 35, 31 Stat. 84, 85; Apr.

30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1901, ch. 854,

Sec. 60, 31 Stat. 1199; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat.

838; Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat. 1087; Jan. 7, 1913,

ch. 6, 37 Stat. 648; July 30, 1914, ch. 216, 38 Stat. 580; Mar. 3,

1915, ch. 100, Sec. 1, 38 Stat. 961; Apr. 11, 1916, ch. 64, Sec. 1,

39 Stat. 48; Feb. 26, 1917, ch. 120, 39 Stat. 938; Mar. 2, 1917,

ch. 145, Secs. 41, 42, 39 Stat. 965, 966; Feb. 26, 1919, ch. 50,

Sec. 1, 40 Stat. 1183; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat.

1412; July 9, 1921, ch. 42, Sec. 313, 42 Stat. 119; Sept. 14, 1922,

ch. 306, Sec. 1, 42 Stat. 837; Jan. 16, 1925, ch. 83, Sec. 3, 43

Stat. 752; Feb. 12, 1925, ch. 220, 43 Stat. 890; Feb. 13, 1925, ch.

229, Secs. 1, 13, 43 Stat. 936, 942; Feb. 16, 1925, ch. 233, Secs.

2, 3, 43 Stat. 946; Mar. 2, 1925, ch. 397, Secs. 1-3, 43 Stat.

1098; Mar. 3, 1927, ch. 297, Sec. 1, 44 Stat. 1346; Mar. 3, 1927,

ch. 298, 44 Stat. 1347; Mar. 3, 1927, ch. 300, Sec. 1, 44 Stat.

1348; Mar. 3, 1927, ch. 332, 44 Stat. 1370; Mar. 3, 1927, ch. 336,

Secs. 1, 2, 44 Stat. 1372; Mar. 3, 1927, ch. 338, 44 Stat. 1374;

Mar. 3, 1927, ch. 344, 44 Stat. 1380; Jan. 31, 1928, ch. 14, Sec.

1, 45 Stat. 54; Apr. 21, 1928, ch. 393, Sec. 5, 45 Stat. 439; May

29, 1928, ch. 882, 45 Stat. 974; Dec. 20, 1928, ch. 41, 45 Stat.

1056; Jan. 17, 1929, ch. 72, Sec. 1, 45 Stat. 1081; Feb. 26, 1929,

ch. 334, 45 Stat. 1317; Feb. 26, 1929, ch. 337, 45 Stat. 1319; Feb.

28, 1929, ch. 358, Sec. 1, 45 Stat. 1344; Feb. 28, 1929, ch. 380,

45 Stat. 1409; May 28, 1930, ch. 346, Sec. 1, 46 Stat. 431; June

19, 1930, ch. 537, 46 Stat. 785; June 27, 1930, ch. 633, 46 Stat.

819; June 27, 1930, ch. 635, Sec. 1, 46 Stat. 820; July 3, 1930,

ch. 852, 46 Stat. 1006; Feb. 20, 1931, ch. 244, 46 Stat. 1196; Feb.

20, 1931, ch. 245, 46 Stat. 1197; Feb. 25, 1931, ch. 296, 46 Stat.

1417; May 17, 1932, ch. 190, 47 Stat. 158; May 20, 1932, ch. 196,

47 Stat. 161; Aug. 2, 1935, ch. 425, 49 Stat. 508; Aug. 19, 1935,

ch. 558, Secs. 1, 2, 49 Stat. 659; Aug. 28, 1935, ch. 793, 49 Stat.

945; June 5, 1936, ch. 515, 49 Stat. 1476; June 15, 1936, ch. 544,

49 Stat. 1491; June 16, 1936, ch. 585, Sec. 1, 49 Stat. 1523; June

22, 1936, ch. 693, 49 Stat. 1804; June 22, 1936, ch. 694, 49 Stat.

1804; June 22, 1936, ch. 696, 49 Stat. 1806; Aug. 25, 1937, ch.

771, Sec. 1, 50 Stat. 805; Mar. 18, 1938, ch. 47, 52 Stat. 110;

Mar. 26, 1938, ch. 51, Sec. 2, 52 Stat. 118; May 31, 1938, ch. 290,

Secs. 4, 5, 6, 52 Stat. 584, 585; June 20, 1938, ch. 528, 52 Stat.

780; Jan. 20, 1940, ch. 11, 54 Stat. 16; May 24, 1940, ch. 209,

Sec. 2(c), 54 Stat. 220; June 8, 1940, ch. 282, 54 Stat. 253; Nov.

27, 1940, ch. 92, Sec. 1, 54 Stat. 1216; Nov. 21, 1941, ch. 479, 55

Stat. 773; July 7, 1942, ch. 489, 56 Stat. 648; Dec. 24, 1942, ch.

817, 56 Stat. 1083; Dec. 24, 1942, ch. 827, 56 Stat. 1092; Dec. 7,

1944, ch. 521, 58 Stat. 796; Dec. 22, 1944, ch. 663, 58 Stat. 887;

Oct. 16, 1945, ch. 419, Secs. 1, 2, 59 Stat. 545, 546; June 15,

1946, ch. 413, 60 Stat. 260; July 24, 1946, chs. 600, 602, 60 Stat.

654).

Section consolidates provisions of section 1 of title 28, U.S.C.,

1940 ed., and sections 641, 643, 863, and 864 of title 48, U.S.C.,

1940 ed., with changes in phraseology necessary to effect

consolidation.

Provisions of section 1 of title 28, U.S.C., 1940 ed., relating

to residence of judges, are covered by section 134 of this title.

The act of Dec. 7, 1944, amended section 2 of the act of May 24,

1940, 54 Stat. 219, section 1, note, of title 28, U.S.C., 1940 ed.,

to read as follows: "(a) Provided, That the first vacancy in the

office of district judge in each of said districts except in the

eastern district of Pennsylvania, shall not be filled."

The act of Dec. 22, 1944, amended the same section to read as

follows: "(a) Provided, That the first vacancy occurring in the

office of district judge in each of said districts except the

district of New Jersey shall not be filled."

The act of July 24, 1946, ch. 600, Sec. 1, 60 Stat. 654, amended

the proviso in the 1940 act to read as follows: "Provided, That the

first vacancy occurring in the office of district judge in each of

said districts, except the district of New Jersey and the eastern

district of Pennsylvania, shall not be filled."

The following additional but temporary judgeships, authorized by

Congress, are not included in the revised section:

Districts Judges

--------------------------------------------------------------------

Delaware 1

Florida, Northern and Southern 1

Georgia, Northern 1

Kansas 1

Missouri, Eastern and Western 1

Ohio, Northern 1

Oklahoma, Western 1

Pennsylvania, Eastern, Middle and Western 1

West Virginia, Northern and Southern 1

--------------------------------------------------------------------

Other provisions of said section 11-301 of the District of

Columbia Code, 1940 ed., are incorporated in section 136 of this

title.

A part of section 641 of title 48, U.S.C., 1940 ed., is

incorporated in sections 91 and 132 of this title.

Parts of sections 863 and 864 of title 48, U.S.C., 1940 ed., are

retained in title 48. For other parts of those sections, see

Distribution Table.

Other provisions of section 643 of title 48, U.S.C., 1940 ed.,

are incorporated in sections 501 [now 541], 504 [now 541 to 544],

and 541 [see 561] of this title.

SENATE REVISION AMENDMENT

Provisions for one district judge in the Southern District of

Indiana were inserted in this section by Senate amendment. See 80th

Congress Senate Report No. 1559.

-COD-

CODIFICATION

Paragraph (2) of subsection (b) of section 4 of Pub. L. 95-408,

cited as a credit to this section, was amended generally by Pub. L.

96-4, Sec. 1, Mar. 30, 1979, 93 Stat. 6, and enacted provisions

which are set out as a note under section 93 of this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 increased number of permanent

district judgeships as follows: in Southern District of California

from 8 to 13, in Central and Southern Districts of Illinois from 3

to 4, in Northern District of New York from 4 to 5, in Western

District of North Carolina from 3 to 4, in Western District of

Texas from 11 to 13, and in Eastern District of Virginia from 10 to

11.

2000 - Subsec. (a). Pub. L. 106-553 increased number of permanent

district judgeships as follows: in Arizona from 11 to 12, in

Southern District of Florida from 16 to 17, in Eastern District of

Kentucky from 4 to 5, in Nevada from 6 to 7, in New Mexico from 5

to 6, in South Carolina from 9 to 10, in Southern District of Texas

from 18 to 19, in Western District of Texas from 10 to 11, in

Eastern District of Virginia from 9 to 10, and in Eastern District

of Wisconsin from 4 to 5.

1999 - Subsec. (a). Pub. L. 106-113 increased number of permanent

district judgeships in Arizona from 8 to 11, increased number of

permanent district judgeships in Middle District of Florida from 11

to 15, and increased number of permanent district judgeships in

Nevada from 4 to 6.

1997 - Subsec. (a). Pub. L. 105-53 in item relating to Louisiana,

reduced number of permanent district judgeships in Eastern District

from 13 to 12 and increased number in Middle District from 2 to 3.

1990 - Pub. L. 101-650, Sec. 303(1), designated existing

provisions as subsec. (a) and added subsec. (b).

Pub. L. 101-650, Sec. 203(d), altered number of permanent

district judgeships in named districts as follows:

State Former New

--------------------------------------------------------------------

Alabama:

Northern 7 7

Middle 3 3

Southern 3 3

Alaska 3 3

Arizona 8 8

Arkansas:

Eastern 3 5

Western 1 3

Eastern and Western 2 0

California:

Northern 12 14

Eastern 6 6

Central 22 27

Southern 7 8

Colorado 7 7

Connecticut 6 8

Delaware 4 4

District of Columbia 15 15

Florida:

Northern 3 4

Middle 9 11

Southern 15 16

Georgia:

Northern 11 11

Middle 3 4

Southern 3 3

Hawaii 3 3

Idaho 2 2

Illinois:

Northern 20 22

Central 3 3

Southern 3 3

Indiana:

Northern 4 5

Southern 5 5

Iowa:

Northern 1 2

Southern 2 3

Northern and Southern 1 0

Kansas 5 5

Kentucky:

Eastern 4 4

Western 4 4

Eastern and Western 1 1

Louisiana:

Eastern 13 13

Middle 2 2

Western 6 7

Maine 2 3

Maryland 10 10

Massachusetts 11 13

Michigan:

Eastern 15 15

Western 4 4

Minnesota 7 7

Mississippi:

Northern 3 3

Southern 5 6

Missouri:

Eastern 5 6

Western 5 5

Eastern and Western 2 2

Montana 3 3

Nebraska 3 3

Nevada 4 4

New Hampshire 2 3

New Jersey 14 17

New Mexico 4 5

New York:

Northern 4 4

Southern 27 28

Eastern 12 15

Western 3 4

North Carolina:

Eastern 3 4

Middle 3 4

Western 3 3

North Dakota 2 2

Ohio:

Northern 10 11

Southern 7 8

Oklahoma:

Northern 2 3

Eastern 1 1

Western 4 6

Northern, Eastern, and Western 2 1

Oregon 5 6

Pennsylvania:

Eastern 19 22

Middle 5 6

Western 10 10

Puerto Rico 7 7

Rhode Island 3 3

South Carolina 8 9

South Dakota 3 3

Tennessee:

Eastern 4 5

Middle 3 4

Western 4 5

Texas:

Northern 10 12

Southern 13 18

Eastern 6 7

Western 7 10

Utah 4 5

Vermont 2 2

Virginia:

Eastern 9 9

Western 4 4

Washington:

Eastern 3 4

Western 6 7

West Virginia:

Northern 2 3

Southern 4 5

Wisconsin:

Eastern 4 4

Western 2 2

Wyoming 2 3

--------------------------------------------------------------------

1984 - Pub. L. 98-353 altered number of permanent district

judgeships in named districts as follows:

State Former New

--------------------------------------------------------------------

Alabama:

Northern 7 7

Middle 3 3

Southern 2 3

Alaska 2 3

Arizona 8 8

Arkansas:

Eastern 3 3

Western 1 1

Eastern and Western 2 2

California:

Northern 12 12

Eastern 6 6

Central 17 22

Southern 7 7

Colorado 6 7

Connecticut 5 6

Delaware 3 4

District of Columbia 15 15

Florida:

Northern 3 3

Middle 9 9

Southern 12 15

Georgia:

Northern 11 11

Middle 2 3

Southern 3 3

Hawaii 2 3

Idaho 2 2

Illinois:

Northern 16 20

Central 3 3

Southern 2 3

Indiana:

Northern 4 4

Southern 5 5

Iowa:

Northern 1 1

Southern 2 2

Northern and Southern 1 1

Kansas 5 5

Kentucky:

Eastern 4 4

Western 3 4

Eastern and Western 1 1

Louisiana:

Eastern 13 13

Middle 2 2

Western 5 6

Maine 2 2

Maryland 9 10

Massachusetts 10 11

Michigan:

Eastern 13 15

Western 4 4

Minnesota 5 7

Mississippi:

Northern 2 3

Southern 3 5

Missouri:

Eastern 4 5

Western 5 5

Eastern and Western 2 2

Montana 2 3

Nebraska 3 3

Nevada 3 4

New Hampshire 2 2

New Jersey 11 14

New Mexico 4 4

New York:

Northern 3 4

Southern 27 27

Eastern 10 12

Western 3 3

North Carolina:

Eastern 3 3

Middle 3 3

Western 3 3

North Dakota 2 2

Ohio:

Northern 9 10

Southern 6 7

Oklahoma:

Northern 2 2

Eastern 1 1

Western 3 4

Northern, Eastern, and Western 2 2

Oregon 5 5

Pennsylvania:

Eastern 19 19

Middle 5 5

Western 10 10

Puerto Rico 7 7

Rhode Island 2 3

South Carolina 8 8

South Dakota 3 3

Tennessee:

Eastern 3 4

Middle 3 3

Western 3 4

Texas:

Northern 9 10

Eastern 4 6

Southern 13 13

Western 6 7

Utah 3 4

Vermont 2 2

Virginia:

Eastern 8 9

Western 4 4

Washington:

Eastern 2 3

Western 5 6

West Virginia:

Northern 2 2

Southern 4 4

Wisconsin:

Eastern 4 4

Western 2 2

Wyoming 1 2

--------------------------------------------------------------------

1983 - Pub. L. 97-471 in item relating to West Virginia increased

the number of judges for the Northern District from 1 to 2,

increased the number of judges for the Southern District from 3 to

4, and struck out an item which had authorized a Northern and

Southern District with 1 judge.

1978 - Pub. L. 95-486 altered the number of permanent district

judgeships in the named districts as follows:

State Former New

--------------------------------------------------------------------

Alabama:

Northern 4 7

Middle 2 3

Southern 2 2

Alaska 2 2

Arizona 5 8

Arkansas:

Eastern 1 3

Western 1 1

Eastern and Western 2 2

California:

Northern 11 12

Eastern 3 6

Central 16 17

Southern 5 7

Colorado 4 6

Connecticut 4 5

Delaware 3 3

District of Columbia 15 15

Florida:

Northern 2 3

Middle 6 9

Southern 7 12

Georgia:

Northern 6 11

Middle 2 2

Southern 2 3

Hawaii 2 2

Idaho 2 2

Illinois:

Northern 13 16

Central 2 3

Southern 2 2

Indiana:

Northern 3 4

Southern 4 5

Iowa:

Northern 1 1

Southern 1 2

Northern and Southern 1 1

Kansas 4 5

Kentucky:

Eastern 2 4

Western 3 3

Eastern and Western 1 1

Louisiana:

Eastern 9 13

Middle 1 2

Western 4 5

Maine 1 2

Maryland 7 9

Massachusetts 6 10

Michigan:

Eastern 10 13

Western 2 4

Minnesota 4 5

Mississippi:

Northern 2 2

Southern 3 3

Missouri:

Eastern 3 4

Western 3 5

Eastern and Western 2 2

Montana 2 2

Nebraska 3 3

Nevada 2 3

New Hampshire 1 2

New Jersey 9 11

New Mexico 3 4

New York:

Northern 2 3

Southern 27 27

Eastern 9 10

Western 3 3

North Carolina:

Eastern 2 3

Western 2 3

Middle 2 3

North Dakota 2 2

Ohio:

Northern 8 9

Southern 5 6

Oklahoma:

Northern 1 2

Eastern 1 1

Western 2 3

Northern, Eastern, and Western 2 2

Oregon 3 5

Pennsylvania:

Eastern 19 19

Middle 3 5

Western 10 10

Puerto Rico 3 7

Rhode Island 2 2

South Carolina 5 8

South Dakota 2 3

Tennessee:

Eastern 3 3

Middle 2 3

Western 3 3

Texas:

Northern 6 9

Southern 8 13

Eastern 3 4

Western 5 6

Utah 2 3

Vermont 2 2

Virginia:

Eastern 6 8

Western 2 4

Washington:

Eastern 1 2

Western 3 5

West Virginia:

Northern 1 1

Southern 2 3

Northern and Southern 1 1

Wisconsin:

Eastern 3 4

Western 1 2

Wyoming 1 1

--------------------------------------------------------------------

Pub. L. 95-408 substituted "Central" for "Southern" and

"Southern" for "Eastern" in item relating to Illinois.

1971 - Pub. L. 92-208 created a Middle District in the Louisiana

listing with one judge and reduced from 10 to 9 the number of

judges for the Eastern District of Louisiana.

1970 - Pub. L. 91-272 altered the number of permanent district

judgeships in the named districts as follows:

State Former New

--------------------------------------------------------------------

Alabama:

Northern 3 4

Middle 1 2

Southern 1 2

Middle and Southern 1 0

Arizona 4 5

California:

Northern 9 11

Central 13 16

Southern 2 5

Colorado 3 4

Florida:

Middle 5 6

Southern 5 7

Georgia:

Northern 3 6

Southern 1 2

Illinois: Northern 11 13

Kansas 3 4

Kentucky:

Eastern 1 2

Western 2 3

Louisiana:

Eastern 8 10

Western 3 4

Maryland 5 7

Michigan: Eastern 8 10

Missouri: Eastern 2 3

Nebraska 2 3

New Jersey 8 9

New Mexico 2 3

New York:

Southern 24 27

Eastern 8 9

Ohio:

Northern 7 8

Southern 4 5

Pennsylvania:

Eastern 11 19

Western 8 10

Puerto Rico 2 3

South Carolina 4 5

Tennessee: Western 2 3

Texas:

Northern 5 6

Southern 7 8

Eastern 2 3

Western 4 5

Virginia: Eastern 5 6

West Virginia: Southern 1 2

Wisconsin: Eastern 2 3

--------------------------------------------------------------------

1966 - Pub. L. 89-372 altered the number of permanent district

judgeships in the named districts as follows:

State Former New

--------------------------------------------------------------------

Alabama: Middle and Southern 0 1

Arizona 3 4

California:

Northern 9 9

Eastern 0 3

Central 0 13

Southern 13 2

Florida:

Northern 1 2

Middle 3 5

Southern 3 5

Northern, Middle, and Southern 1 0

Illinois: Northern 10 11

Indiana: Southern 3 4

Louisiana: Eastern 4 8

Maryland 4 5

Mississippi:

Northern 1 2

Southern 2 3

New York: Western 2 3

Ohio:

Northern 6 7

Southern 3 4

Rhode Island 1 2

Texas:

Southern 5 7

Western 3 4

Vermont 1 2

Virginia: Eastern 3 5

--------------------------------------------------------------------

1965 - Pub. L. 89-242 changed the South Carolina listing by

removing references to an Eastern and Western District, with 1

judge listed for the Eastern, 1 judge for the Western, and 2 judges

for the Eastern and Western combined, and substituted therefor a

single reference to a South Carolina District with 4 judges.

1962 - Pub. L. 87-562 amended the Florida listing by adding the

Middle District with its designation of 3 judges, substituted

"Northern, Middle, and Southern" for "Northern and Southern", and

reduced the number of judges in the Southern District from 6 to 3.

1961 - Pub. L. 87-36 increased the number of permanent district

judgeships in the named districts as follows:

State Former New

--------------------------------------------------------------------

Alabama:

Northern 2 3

Alaska 1 2

Arizona 2 3

Arkansas:

Eastern and Western 1 2

California:

Northern 7 9

Southern 11 13

Colorado 2 3

Connecticut 2 4

Florida:

Southern 4 6

Georgia:

Northern 2 3

Middle 1 2

Illinois:

Northern 8 10

Indiana:

Northern 2 3

Southern 2 3

Iowa:

Northern and Southern 0 1

Kansas 2 3

Louisiana:

Eastern 2 4

Western 2 3

Maryland 2 4

Massachusetts 5 6

Michigan:

Eastern 6 8

Mississippi:

Southern 1 2

Missouri:

Western 2 3

Nevada 1 2

New Jersey 7 8

New Mexico 1 2

New York:

Southern 18 24

Eastern 6 8

North Carolina:

Eastern 1 2

Western 1 2

Middle 1 2

Ohio:

Northern 5 6

Oklahoma:

Northern, Eastern, and Western 1 2

Pennsylvania:

Eastern 8 11

Middle 2 3

Western 5 8

Puerto Rico 1 2

South Carolina:

Eastern and Western 1 2

Tennessee:

Eastern 2 3

Middle 1 2

Western 1 2

Texas:

Northern 3 5

Southern 4 5

Western 2 3

Utah 1 2

Washington:

Western 2 3

--------------------------------------------------------------------

1959 - Pub. L. 86-3 struck out provisions that restricted

eligibility for appointment as district judges for the district of

Hawaii to citizens of the Territory of Hawaii who have resided

therein for at least three years.

1958 - Pub. L. 85-508 inserted "Alaska - - - - 1".

1957 - Pub. L. 85-310 increased the number of permanent

judgeships in the district of South Dakota from 1 to 2.

1954 - Act Feb. 10, 1954, increased the number of permanent

judgeships in the named districts as follows:

State Former New

--------------------------------------------------------------------

California:

Southern 10 11

Delaware 2 3

Florida:

Southern 3 4

Idaho 1 2

Indiana:

Northern 1 2

Southern 1 2

Kentucky:

Western 1 2

Massachusetts 4 5

Michigan:

Eastern 5 6

Western 1 2

Missouri:

Eastern and Western 1 2

New Jersey 6 7

New York:

Southern 16 18

North Dakota 1 2

Ohio:

Northern 4 5

Pennsylvania:

Eastern 7 8

Western 4 5

Texas:

Southern 3 4

Eastern 1 2

Virginia:

Eastern 2 3

West Virginia:

Northern and Southern 0 1

Wisconsin:

Eastern 1 2

--------------------------------------------------------------------

1950 - Act Sept. 5, 1950, increased the number of permanent

judgeships in the district of Delaware from 1 to 2.

Act Aug. 29, 1950, increased the number of permanent judgeships

in the western district of Pennsylvania from 3 to 4.

Act Aug. 14, 1950, increased the number of permanent judgeships

in the northern district of Illinois from 6 to 8.

1949 - Act Aug. 3, 1949, increased the numbers of permanent

judgeships in the named districts as follows:

State Former New

--------------------------------------------------------------------

California:

Northern 5 7

Southern 8 10

District of Columbia 12 15

Florida:

Northern and Southern 0 1

Georgia:

Northern 1 2

Kansas 1 2

New Jersey 5 6

New York:

Southern 12 16

Ohio:

Northern 3 4

Oklahoma:

Western 1 2

Oregon 2 3

Pennsylvania:

Eastern 5 7

Texas:

Southern 2 3

--------------------------------------------------------------------

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. A, title III, Sec. 312(a)(3), Nov. 2, 2002,

116 Stat. 1787, provided that: "This subsection [amending this

section and enacting provisions set out as a note under this

section] shall take effect on July 15, 2003."

Pub. L. 107-273, div. A, title III, Sec. 312(b)(3), Nov. 2, 2002,

116 Stat. 1788, provided that: "With respect to the central or

southern district of Illinois, the northern district of New York,

or the eastern district of Virginia, this subsection [amending this

section and enacting provisions set out as a note under this

section] shall take effect on the earlier of -

"(A) the date on which the first vacancy in the office of

district judge occurs in such district; or

"(B) July 15, 2003."

EFFECTIVE DATE OF 1978 AMENDMENT; WAIVER OF STANDARDS AND

GUIDELINES; FAILURE TO COMPLY

Section 7 of Pub. L. 95-486 provided that:

"(a) The first section and section 2 of this Act [amending this

section and enacting provisions set out as notes under this

section] shall take effect immediately upon the President's

promulgation and publication of standards and guidelines for the

selection, on the basis of merit, of nominees for United States

district court judgeships authorized by this Act [amending this

section, sections 44, 46, 1337, and 1445 of this title, and section

5108 of Title 5, Government Organization and Employees, enacting

provisions set out as notes under this section and sections 41 and

44 of this title, and amending provisions set out as a note under

section 45 of this title].

"(b) The President may waive such standards and guidelines with

respect to any nomination by notifying the Senate of the reasons

for such waiver.

"(c) Following the promulgation and publication of such standards

and guidelines, no nomination or appointment to a United States

district court judgeship may be invalidated on the basis of the

President's failure to comply with this section or with any

standards or guidelines promulgated under this section.

"(d) This Act, other than the first section and section 2

[amending this section and enacting provisions set out as notes

under this section] shall take effect on the date of enactment of

this Act [Oct. 20, 1978]."

Section 11 of Pub. L. 95-486 provided that: "Notwithstanding any

other provision of this Act the first section and section 2

[amending this section and enacting provisions set out as notes

under this section] shall not take effect before November 1, 1978."

EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION

Amendment by Pub. L. 95-408 effective 180 days after Oct. 2,

1978, with such amendment not to affect the composition or preclude

the service of any grand or petit juror summoned, empaneled, or

actually serving in any judicial district on the effective date of

this Act, see section 5 of Pub. L. 95-408, set out as a note under

section 89 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-208 effective 120 days after Dec. 18,

1971, see section 3(f) of Pub. L. 92-208, set out as a note under

section 98 of this title.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-242 effective on first day of month

following Oct. 7, 1965, see section 6 of Pub. L. 89-242, set out as

a note under section 121 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-562 effective 90 days after July 30,

1962, see section 5 of Pub. L. 87-562, set out as a note under

section 89 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 9 of Pub. L. 86-3 provided in part that the amendment of

this section and section 134 of this title is effective on

admission of the State of Hawaii into the Union. Admission of

Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance

of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. 74, as

required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73

Stat. 4, set out as notes preceding section 491 of Title 48,

Territories and Insular Possessions.

EFFECTIVE DATE OF 1958 AMENDMENT

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

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

24 F.R. 81, 73 Stat. 16, as required by sections 1 and 8(c) of Pub.

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

preceding section 21 of Title 48, Territories and Insular

Possessions.

ADDITIONAL JUDGESHIPS

Pub. L. 107-273, div. A, title III, Sec. 312(a)(1), Nov. 2, 2002,

116 Stat. 1786, provided that: "The President shall appoint, by and

with the advice and consent of the Senate -

"(A) 5 additional district judges for the southern district of

California;

"(B) 1 additional district judge for the western district of

North Carolina; and

"(C) 2 additional district judges for the western district of

Texas."

Pub. L. 107-273, div. A, title III, Sec. 312(b)(1), Nov. 2, 2002,

116 Stat. 1787, provided that: "The existing district judgeships

for the central district and the southern district of Illinois, the

northern district of New York, and the eastern district of Virginia

authorized by section 203(c)(3), (4), (9), and (12) of the Judicial

Improvements Act of 1990 (Public Law 101-650, 28 U.S.C. 133 note

[set out below]) shall be authorized under section 133 of title 28,

United States Code, and the incumbents in such offices shall hold

the offices under section 133 of title 28, United States Code (as

amended by this section)."

Pub. L. 107-273, div. A, title III, Sec. 312(c), Nov. 2, 2002,

116 Stat. 1788, provided that:

"(c) Temporary Judgeships. -

"(1) In general. - The President shall appoint, by and with the

advice and consent of the Senate -

"(A) 1 additional district judge for the northern district of

Alabama;

"(B) 1 additional judge for the district of Arizona;

"(C) 1 additional judge for the central district of

California;

"(D) 1 additional judge for the southern district of Florida;

"(E) 1 additional district judge for the district of New

Mexico;

"(F) 1 additional district judge for the western district of

North Carolina; and

"(G) 1 additional district judge for the eastern district of

Texas.

"(2) Vacancies not filled. - The first vacancy in the office of

district judge in each of the offices of district judge

authorized by this subsection, occurring 10 years or more after

the confirmation date of the judge named to fill the temporary

district judgeship created in the applicable district by this

subsection, shall not be filled.

"(3) Effective date. - This subsection shall take effect on

July 15, 2003."

Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 305(a)], Dec. 21,

2000, 114 Stat. 2762, 2762A-84, provided that: "The President shall

appoint, by and with the advice and consent of the Senate -

"(1) 1 additional district judge for the district of Arizona;

"(2) 1 additional district judge for the southern district of

Florida;

"(3) 1 additional district judge for the eastern district of

Kentucky;

"(4) 1 additional district judge for the district of Nevada;

"(5) 1 additional district judge for the district of New

Mexico;

"(6) 1 additional district judge for the district of South

Carolina;

"(7) 1 additional district judge for the southern district of

Texas;

"(8) 1 additional district judge for the western district of

Texas;

"(9) 1 additional district judge for the eastern district of

Virginia; and

"(10) 1 additional district judge for the eastern district of

Wisconsin."

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title III, Sec.

309(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A-37, provided that:

"The President shall appoint, by and with the advice and consent of

the Senate -

"(1) three additional district judges for the district of

Arizona;

"(2) four additional district judges for the middle district of

Florida; and

"(3) two additional district judges for the district of

Nevada."

Section 203(a)-(c) of title II of Pub. L. 101-650, as amended by

Pub. L. 104-60, Sec. 1, Nov. 28, 1995, 109 Stat. 635; Pub. L.

104-317, title III, Sec. 304, Oct. 19, 1996, 110 Stat. 3852; Pub.

L. 105-53, Sec. 3, Oct. 6, 1997, 111 Stat. 1173; Pub. L. 107-273,

div. A, title III, Sec. 312(d)(1), Nov. 2, 2002, 116 Stat. 1788,

provided that:

"(a) In General. - The President shall appoint, by and with the

advice and consent of the Senate -

"(1) 1 additional district judge for the western district of

Arkansas;

"(2) 2 additional district judges for the northern district of

California;

"(3) 5 additional district judges for the central district of

California;

"(4) 1 additional district judge for the southern district of

California;

"(5) 2 additional district judges for the district of

Connecticut;

"(6) 2 additional district judges for the middle district of

Florida;

"(7) 1 additional district judge for the northern district of

Florida;

"(8) 1 additional district judge for the southern district of

Florida;

"(9) 1 additional district judge for the middle district of

Georgia;

"(10) 1 additional district judge for the northern district of

Illinois;

"(11) 1 additional district judge for the southern district of

Iowa;

"(12) 1 additional district judge for the western district of

Louisiana;

"(13) 1 additional district judge for the district of Maine;

"(14) 1 additional district judge for the district of

Massachusetts;

"(15) 1 additional district judge for the southern district of

Mississippi;

"(16) 1 additional district judge for the eastern district of

Missouri;

"(17) 1 additional district judge for the district of New

Hampshire;

"(18) 3 additional district judges for the district of New

Jersey;

"(19) 1 additional district judge for the district of New

Mexico;

"(20) 1 additional district judge for the southern district of

New York;

"(21) 3 additional district judges for the eastern district of

New York;

"(22) 1 additional district judge for the middle district of

North Carolina;

"(23) 1 additional district judge for the southern district of

Ohio;

"(24) 1 additional district judge for the northern district of

Oklahoma;

"(25) 1 additional district judge for the western district of

Oklahoma;

"(26) 1 additional district judge for the district of Oregon;

"(27) 3 additional district judges for the eastern district of

Pennsylvania;

"(28) 1 additional district judge for the middle district of

Pennsylvania;

"(29) 1 additional district judge for the district of South

Carolina;

"(30) 1 additional district judge for the eastern district of

Tennessee;

"(31) 1 additional district judge for the western district of

Tennessee;

"(32) 1 additional district judge for the middle district of

Tennessee;

"(33) 2 additional district judges for the northern district of

Texas;

"(34) 1 additional district judge for the eastern district of

Texas;

"(35) 5 additional district judges for the southern district of

Texas;

"(36) 3 additional district judges for the western district of

Texas;

"(37) 1 additional district judge for the district of Utah;

"(38) 1 additional district judge for the eastern district of

Washington;

"(39) 1 additional district judge for the northern district of

West Virginia;

"(40) 1 additional district judge for the southern district of

West Virginia; and

"(41) 1 additional district judge for the district of Wyoming.

"(b) Existing Judgeships. - (1) The existing district judgeships

for the western district of Arkansas, the northern district of

Illinois, the northern district of Indiana, the district of

Massachusetts, the western district of New York, the eastern

district of North Carolina, the northern district of Ohio, and the

western district of Washington authorized by section 202(b) of the

Bankruptcy Amendments and Federal Judgeship Act of 1984 (Public Law

98-353, 98 Stat. 347-348) [set out below] shall, as of the

effective date of this title [Dec. 1, 1990], be authorized under

section 133 of title 28, United States Code, and the incumbents in

those offices shall hold the office under section 133 of title 28,

United States Code, as amended by this title.

"(2)(A) The existing 2 district judgeships for the eastern and

western districts of Arkansas (provided by section 133 of title 28,

United States Code, as in effect on the day before the effective

date of this title) shall be district judgeships for the eastern

district of Arkansas only, and the incumbents of such judgeships

shall hold the offices under section 133 of title 28, United States

Code, as amended by this title.

"(B) The existing district judgeship for the northern and

southern districts of Iowa (provided by section 133 of title 28,

United States Code, as in effect on the day before the effective

date of this title) shall be a district judgeship for the northern

district of Iowa only, and the incumbent of such judgeship shall

hold the office under section 133 of title 28, United States Code,

as amended by this title.

"(C) The existing district judgeship for the northern, eastern,

and western districts of Oklahoma (provided by section 133 of title

28, United States Code, as in effect on the day before the

effective date of this title) and the occupant of which has his or

her official duty station at Oklahoma City on the date of the

enactment of this title [Dec. 1, 1990], shall be a district

judgeship for the western district of Oklahoma only, and the

incumbent of such judgeship shall hold the office under section 133

of title 28, United States Code, as amended by this title.

"(c) Temporary Judgeships. - The President shall appoint, by and

with the advice and consent of the Senate -

"(1) 1 additional district judge for the eastern district of

California;

"(2) 1 additional district judge for the district of Hawaii;

"(3) 1 additional district judge for the central district of

Illinois;

"(4) 1 additional district judge for the southern district of

Illinois;

"(5) 1 additional district judge for the district of Kansas;

"(6) 1 additional district judge for the western district of

Michigan;

"(7) 1 additional district judge for the eastern district of

Missouri;

"(8) 1 additional district judge for the district of Nebraska;

"(9) 1 additional district judge for the northern district of

New York;

"(10) 1 additional district judge for the northern district of

Ohio;

"(11) 1 additional district judge for the eastern district of

Pennsylvania; and

"(12) 1 additional district judge for the eastern district of

Virginia.

Except with respect to the western district of Michigan, the

eastern district of Pennsylvania, and the northern district of

Ohio, the first vacancy in the office of district judge in each of

the judicial districts named in this subsection, occurring 10 years

or more after the confirmation date of the judge named to fill the

temporary judgeship created by this subsection, shall not be

filled. The first vacancy in the office of district judge in the

western district of Michigan, occurring after December 1, 1995,

shall not be filled. The first vacancy in the office of district

judge in the eastern district of Pennsylvania, occurring 5 years or

more after the confirmation date of the judge named to fill the

temporary judgeship created for such district under this

subsection, shall not be filled. The first vacancy in the office of

district judge in the northern district of Ohio occurring 15 years

or more after the confirmation date of the judge named to fill the

temporary judgeship created under this subsection shall not be

filled. For districts named in this subsection for which multiple

judgeships are created by this Act, the last of those judgeships

filled shall be the judgeships created under this section."

[Pub. L. 107-273, div. A, title III, Sec. 312(d)(2), Nov. 2,

2002, 116 Stat. 1788, provided that: "The amendments made by this

subsection [amending section 203(c) of Pub. L. 101-650, set out

above] shall take effect on the date of enactment of this Act [Nov.

2, 2002]."]

Section 202(a)-(d) of Pub. L. 98-353 provided that:

"(a) Subject to the provisions of subsection (c), the President

shall appoint, by and with the advice and consent of the Senate,

one additional district judge for the southern district of Alabama,

one additional district judge for the district of Alaska, five

additional district judges for the central district of California,

one additional district judge for the district of Colorado, one

additional district judge for the district of Connecticut, one

additional district judge for the district of Delaware, three

additional district judges for the southern district of Florida,

one additional district judge for the middle district of Georgia,

one additional district judge for the district of Hawaii, four

additional district judges for the northern district of Illinois,

one additional district judge for the southern district of

Illinois, one additional district judge for the western district of

Kentucky, one additional district judge for the western district of

Louisiana, one additional district judge for the district of

Maryland, one additional district judge for the district of

Massachusetts, two additional district judges for the eastern

district of Michigan, one additional district judge for the

district of Minnesota, one additional district judge for the

northern district of Mississippi, two additional district judges

for the southern district of Mississippi, one additional district

judge for the eastern district of Missouri, one additional district

judge for the district of Montana, one additional district judge

for the district of Nevada, three additional district judges for

the district of New Jersey, one additional district judge for the

northern district of New York, two additional district judges for

the eastern district of New York, one additional district judge for

the southern district of Ohio, one additional district judge for

the western district of Oklahoma, one additional district judge for

the district of Rhode Island, one additional district judge for the

eastern district of Tennessee, one additional district judge for

the western district of Tennessee, one additional district judge

for the northern district of Texas, two additional district judges

for the eastern district of Texas, one additional district judge

for the western district of Texas, one additional district judge

for the district of Utah, one additional district judge for the

eastern district of Virginia, one additional district judge for the

eastern district of Washington, one additional district judge for

the western district of Washington, and one additional district

judge for the district of Wyoming.

"(b) Subject to the provisions of subsection (c) the President

shall appoint, by and with the advice and consent of the Senate,

one additional district judge for the western district of Arkansas,

one additional district judge for the northern district of

Illinois, one additional district judge for the northern district

of Indiana, one additional district judge for the district of

Massachusetts, one additional district judge for the western

district of New York, one additional district judge for the eastern

district of North Carolina, one additional district judge for the

northern district of Ohio, and one additional district judge for

the western district of Washington. The first vacancy in each of

the offices of district judge authorized by this subsection,

occurring five years or more after the effective date of this Act

[probably means July 10, 1984], shall not be filled.

"(c) For the judgeships created in subsections (a) and (b), the

President shall appoint, by and with the advice and consent of the

Senate, no more than twenty-nine of such judges prior to January

21, 1985.

"(d) The existing district judgeship for the district of

Minnesota and the existing district judgeship for the northern

district of Ohio, heretofore authorized by section 2 of the Act of

October 20, 1978 (Public Law 95-486, 92 Stat. 1631) [set out

below], shall, as of the effective date of this Act [probably means

July 10, 1984], be authorized under section 133 of title 28, United

States Code, and the incumbents of those offices shall henceforth

hold their offices under section 133, as amended by this Act."

Section 1(a) of Pub. L. 95-486 provided that: "The President

shall appoint, by and with the advice and consent of the Senate,

three additional district judges for the northern district of

Alabama, one additional district judge for the middle district of

Alabama, three additional district judges for the district of

Arizona, two additional district judges for the eastern district of

Arkansas, one additional district judge for the northern district

of California, three additional district judges for the eastern

district of California, one additional district judge for the

central district of California, two additional district judges for

the southern district of California, two additional district judges

for the district of Colorado, one additional district judge for the

district of Connecticut, one additional district judge for the

northern district of Florida, three additional district judges for

the middle district of Florida, five additional district judges for

the southern district of Florida, five additional district judges

for the northern district of Georgia, one additional district judge

for the southern district of Georgia, three additional district

judges for the northern district of Illinois, one additional

district judge for the central district of Illinois, one additional

district judge for the northern district of Indiana, one additional

district judge for the southern district of Indiana, one additional

district judge for the southern district of Iowa, one additional

district judge for the district of Kansas, two additional district

judges for the eastern district of Kentucky, four additional

district judges for the eastern district of Louisiana, one

additional district judge for the middle district of Louisiana, one

additional district judge for the western district of Louisiana,

one additional district judge for the district of Maine, two

additional district judges for the district of Maryland, four

additional district judges for the district of Massachusetts, three

additional district judges for the eastern district of Michigan,

two additional district judges for the western district of

Michigan, one additional district judge for the district of

Minnesota, one additional district judge for the eastern district

of Missouri, two additional district judges for the western

district of Missouri, one additional district judge for the

district of Nevada, one additional district judge for the district

of New Hampshire, two additional district judges for the district

of New Jersey, one additional district judge for the district of

New Mexico, one additional district judge for the northern district

of New York, one additional district judge for the eastern district

of New York, one additional district judge for the eastern district

of North Carolina, one additional district judge for the middle

district of North Carolina, one additional district judge for the

western district of North Carolina, one additional district judge

for the northern district of Ohio, one additional district judge

for the southern district of Ohio, one additional district judge

for the western district of Oklahoma, one additional district judge

for the northern district of Oklahoma, two additional district

judges for the district of Oregon, two additional district judges

for the middle district of Pennsylvania, four additional district

judges for the district of Puerto Rico, three additional district

judges for the district of South Carolina, one additional district

judge for the district of South Dakota, one additional district

judge for the middle district of Tennessee, three additional

district judges for the northern district of Texas, one additional

district judge for the eastern district of Texas, five additional

district judges for the southern district of Texas, one additional

district judge for the western district of Texas, one additional

district judge for the district of Utah, two additional district

judges for the eastern district of Virginia, two additional

district judges for the western district of Virginia, one

additional district judge for the eastern district of Washington,

one additional district judge for the western district of

Washington, one additional district judge for the southern district

of West Virginia, one additional district judge for the eastern

district of Wisconsin, and one additional district judge for the

western district of Wisconsin."

Section 2 of Pub. L. 95-486 provided that: "The President shall

appoint, by and with the advice and consent of the Senate, one

additional district judge for the eastern district of Kentucky, one

additional district judge for the district of Minnesota, one

additional district judge for the northern district of Ohio, and

one additional district judge for the southern district of West

Virginia. The first vacancy in the office of district judge in the

judicial districts named in this section occurring five years or

more after the effective date of this Act [Oct. 20, 1978] shall not

be filled."

Section 1(a) of Pub. L. 91-272 provided that: "The President

shall appoint, by and with the advice and consent of the Senate,

one additional district judge for the northern district of Alabama,

one additional district judge for the middle district of Alabama,

one additional district judge for the district of Arizona, two

additional district judges for the northern district of California,

three additional district judges for the central district of

California, three additional district judges for the southern

district of California, one additional district judge for the

district of Colorado, one additional district judge for the middle

district of Florida, two additional district judges for the

southern district of Florida, three additional district judges for

the northern district of Georgia, one additional district judge for

the southern district of Georgia, two additional district judges

for the northern district of Illinois, one additional district

judge for the eastern district of Kentucky, one additional district

judge for the western district of Kentucky, two additional district

judges for the eastern district of Louisiana, one additional

district judge for the western district of Louisiana, two

additional district judges for the district of Maryland, two

additional district judges for the eastern district of Michigan,

one additional district judge for the eastern district of Missouri,

one additional district judge for the district of Nebraska, one

additional district judge for the district of New Jersey, one

additional district judge for the district of New Mexico, one

additional district judge for the eastern district of New York,

three additional district judges for the southern district of New

York, one additional district judge for the northern district of

Ohio, one additional district judge for the southern district of

Ohio, six additional district judges for the eastern district of

Pennsylvania, two additional district judges for the western

district of Pennsylvania, one additional district judge for the

district of Puerto Rico, one additional district judge for the

district of South Carolina, one additional district judge for the

western district of Tennessee, one additional district judge for

the northern district of Texas, one additional district judge for

the eastern district of Texas, one additional district judge for

the southern district of Texas, one additional district judge for

the western district of Texas, one additional district judge for

the eastern district of Virginia, and one additional district judge

for the southern district of West Virginia."

Section 2(a) of Pub. L. 89-372 provided that: The President shall

appoint, by and with the advice and consent of the Senate, one

district judge for the middle and southern districts of Alabama,

one additional district judge for the district of Arizona, one

additional district judge for the northern district of Florida, one

additional district judge for the middle district of Florida, two

additional district judges for the southern district of Florida,

one additional district judge for the northern district of

Illinois, one additional district judge for the southern district

of Indiana, four additional district judges for the eastern

district of Louisiana, one additional district judge for the

district of Maryland, one additional district judge for the

northern district of Mississippi, one additional district judge for

the southern district of Mississippi, one additional district judge

for the western district of New York, one additional district judge

for the northern district of Ohio, one additional district judge

for the southern district of Ohio, one additional district judge

for the district of Rhode Island, two additional district judges

for the southern district of Texas, one additional district judge

for the western district of Texas, two additional district judges

for the eastern district of Virginia, and one additional district

judge for the district of Vermont."

Section 2(a) of Pub. L. 87-36 provided that: "The President shall

appoint, by and with the advice and consent of the Senate, one

additional district judge for the northern district of Alabama, one

additional district judge for the district of Alaska, one

additional district judge for the district of Arizona, one

additional district judge for the eastern and western districts of

Arkansas, two additional district judges for the northern district

of California, two additional district judges for the southern

district of California, one additional district judge for the

district of Colorado, two additional district judges for the

district of Connecticut, two additional district judges for the

southern district of Florida, one additional district judge for the

northern district of Georgia, two additional district judges for

the northern district of Illinois, one additional district judge

for the northern district of Indiana, one additional district judge

for the southern district of Indiana, one additional district judge

for the northern and southern districts of Iowa, one additional

district judge for the district of Kansas, two additional district

judges for the eastern district of Louisiana, one additional

district judge for the western district of Louisiana, two

additional district judges for the district of Maryland, one

additional district judge for the district of Massachusetts, two

additional district judges for the eastern district of Michigan,

one additional district judge for the southern district of

Mississippi, one additional district judge for the western district

of Missouri, one additional district judge for the district of

Nevada, one additional district judge for the district of New

Jersey, two additional district judges for the eastern district of

New York, six additional district judges for the southern district

of New York, one additional district judge for the eastern district

of North Carolina, one additional district judge for the middle

district of North Carolina, one additional district judge for the

western district of North Carolina, one additional district judge

for the northern district of Ohio, one additional district judge

for the northern, eastern, and western districts of Oklahoma, three

additional district judges for the eastern district of

Pennsylvania, one additional district judge for the middle district

of Pennsylvania, two additional district judges for the western

district of Pennsylvania, one additional district judge for the

district of Puerto Rico, one additional district judge for the

eastern and western districts of South Carolina, one additional

district judge for the eastern district of Tennessee, one

additional district judge for the middle district of Tennessee, one

additional district judge for the western district of Tennessee,

two additional district judges for the northern district of Texas,

one additional district judge for the southern district of Texas,

one additional district judge for the western district of Texas and

one additional district judge for the eastern and western districts

of Washington."

Subsec. (a)(1) of 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 Pub. L. 91-272 provided that: "The

existing district judgeship for the middle and southern districts

of Alabama, heretofore provided for by section 133 of title 28 of

the United States Code, shall hereafter be a district judgeship for

the southern district of Alabama only, and the present incumbent of

such judgeship shall henceforth hold his office under such section

133, as amended by subsection (d) of this section."

California. - Section 3(h) of Pub. L. 89-372 provided that: "The

President shall appoint, by and with the advice and consent of the

Senate, three additional district judges for the central district

of California, and two additional district judges for the northern

district of California."

Delaware. - Act July 24, 1946, ch. 602, 60 Stat. 654, which

authorized the appointment of an additional judge for the district

of Delaware was repealed by section 2 of act Sept. 5, 1950, which

by section 1 of act Sept. 5, 1950, made the additional judgeship

permanent. However, section 2 of act Sept. 5, 1950 also provided

that the repeal in no way affected the tenure of the present

incumbent.

Florida. - Section 2(b) of Pub. L. 89-372 provided that: "The

existing district judgeship for the northern, middle and southern

districts of Florida heretofore provided for by section 133 of

title 28, United States Code, shall hereafter be a district

judgeship for the middle district of Florida only, and the present

incumbent of such judgeship shall henceforth hold his office under

section 133, as amended by this Act."

Georgia. - Act Mar. 29, 1949, ch. 37, 63 Stat. 16, which

authorized the appointment of an additional judge for the middle

district, was repealed by section 2(b) of Pub. L. 87-36, which made

the judgeship permanent and also provided that the incumbent of the

judgeship created by act Mar. 29, 1949, should henceforth hold his

office under this section, as amended by Pub. L. 87-36, Sec. 2(d).

Kansas. - Section 5(a) of Pub. L. 89-372, Mar. 18, 1966, 80 Stat.

78, which authorized the appointment of an additional district

judge for the eastern district of Kansas and which provided that

the first vacancy which occurred in the office of district judge in

such district not be filled was repealed by section 1(c) of Pub. L.

91-272, June 2, 1970, 84 Stat. 294, which provided, in part, that

such judgeship be a permanent judgeship and that the present

incumbent henceforth hold his office under this section, as amended

by section 1(d) of Pub. L. 91-272.

Missouri. - The additional judgeship for the eastern and western

districts, which was authorized by act Dec. 24, 1942, ch. 827, 56

Stat. 1083, was made permanent by section 2(a)(2) of act Feb. 10,

1954, which by section 2(b)(10) of act Feb. 10, 1954 provided that

the incumbent of the judgeship created by act Dec. 24, 1942, should

henceforth hold his office under this section, as amended by act

Feb. 10, 1954, Sec. 2(a)(3).

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 Pub. L. 91-272 provided that: "The

President shall appoint, by and with the advice and consent of the

Senate, one additional district judge for the district of New

Jersey. The first vacancy occurring in the office of district judge

in that district shall not be filled."

New Mexico. - Act Feb. 10, 1954, ch. 6, Sec. 2(b)(1), 68 Stat.

10, which authorized the appointment of an additional judge for the

district, was repealed by section 2(b) of Pub. L. 87-36, which made

the judgeship permanent and also provided that the incumbent of the

judgeship created by act Feb. 10, 1954, should henceforth hold his

office under this section, as amended by Pub. L. 87-36, Sec. 2(d).

North Carolina. - Section 2(c) of Pub. L. 91-272 provided that:

"The President shall appoint, by and with the advice and consent of

the Senate, one additional district judge for the eastern district

of North Carolina. The first vacancy occurring in the office of

district judge in that district shall not be filled."

Ohio. - Act May 1, 1941, ch. 83, 55 Stat. 148, which provided for

the appointment of an additional judge for the northern district

was repealed by section 2(e) of act Aug. 3, 1949, which also

provided that the incumbent of the judgeship created by act May 1,

1941, should henceforth hold his office under this section, as

amended by act Aug. 3, 1949, Sec. 2(a).

Section 2(e)(1), (2) of Pub. L. 87-36 provided that:

"(1) The President shall appoint, by and with the advice and

consent of the Senate, one additional district judge for the

southern district of Ohio. The first vacancy occurring in the

office of district judge in said district shall not be filled.

"(2) The President shall appoint, by and with the advice and

consent of the Senate, one additional district judge for the

northern district of Ohio. The first vacancy occurring in the

office of district judge in said district shall not be filled."

Oklahoma. - Act May 24, 1940, ch. 209, Sec. 2(a), 54 Stat. 219,

providing for additional judgeships was amended by section 2(b) of

act Aug. 3, 1949, to strike out "western district of Oklahoma", and

to make the incumbent of the judgeship created by act May 24, 1940,

henceforth hold his office under this section, as amended by act

Aug. 3, 1949, Sec. 2(a).

Pennsylvania. - Section 2(b) of Pub. L. 91-272 provided that:

"The President shall appoint, by and with the advice and consent of

the Senate, one additional district judge for the middle district

of Pennsylvania. The first vacancy occurring in the office of

district judge in that district shall not be filled."

Section 5(b) of Pub. L. 89-372, Mar. 18, 1966, 80 Stat. 78, as

amended by Pub. L. 90-90, Sept. 23, 1967, 81 Stat. 228, which

authorized the appointment of three additional district judges for

the eastern district of Pennsylvania and which provided that the

second, third, and fourth vacancies occurring after Mar. 18, 1966,

in the office of district judge in such district not be filled was

repealed by section 1(c) of Pub. L. 91-272, June 2, 1970, 84 Stat.

294, which provided, in part, that such judgeships be permanent

judgeships and that the present incumbents henceforth hold their

offices under this section, as amended by section 1(d) of Pub. L.

81-272.

Act Feb. 10, 1954, ch. 6, Sec. 2(b)(5), 68 Stat. 10, which

authorized the appointment of an additional judge for the western

district, was repealed by section 2(b) of Pub. L. 87-36, which made

the judgeship permanent and also provided that the incumbent of the

judgeship created by act Feb. 10, 1954, should henceforth hold his

office under this section, as amended by Pub. L. 87-36, Sec. 2(d).

Section 2 of act July 24, 1946, ch. 600, 60 Stat. 654, as amended

by section 6 of act Feb. 10, 1954, ch. 6, 68 Stat. 14, provided:

"The President is authorized to appoint, by and with the advice and

consent of the Senate, one additional United States district judge,

who shall be an additional district judge for the eastern, middle,

and western districts of Pennsylvania. The judge so appointed shall

at the time of his appointment be a resident and a citizen of the

State of Pennsylvania: Provided, That when a vacancy occurs in said

office it shall not be filled: Provided further, That unless the

President shall submit a nomination to the Senate to fill the

office hereby created within ninety days after the effective date

of this Act [July 24, 1946], then in that event this Act shall be

of no force and effect. If a vacancy arises in the office of

district judge for the middle district of Pennsylvania while the

judge appointed pursuant to this section is holding the office

created by this section, such judge shall thereafter be a district

judge for the middle district of Pennsylvania."

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 Pub. L. 89-242 provided that:

"The existing district judgeships for the Eastern District of South

Carolina, the Western District of South Carolina, and the Eastern

and Western Districts of South Carolina heretofore provided for by

section 133 of title 28 of the United States Code [this section]

shall hereafter be district judgeships for the District of South

Carolina and the present incumbents of such judgeships shall

henceforth hold their offices under section 133, as amended by this

Act."

South Dakota. - Pub. L. 85-310 provided: "The President is

authorized to appoint, by and with the advice and consent of the

Senate an additional district judge for the district of South

Dakota as authorized by paragraph (3) of section 2(b) of the act of

February 10, 1954 [set out as a note below]."

Section 2(b)(3) of act February 10, 1954, as amended by Pub. L.

85-310, provided: "The President shall appoint, by and with the

advice and consent of the Senate, one additional district judge for

the district of South Dakota."

Tennessee. - 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, Sec. 2(d), 63 Stat. 495,

which authorized the appointment of an additional judge for the

Southern district, was repealed by section 2(b)(11) of act Feb. 10,

1954, which by section 2(a)(2) of act Feb. 10, 1954, made the

additional judgeship permanent. Section 2(b)(11) of act Feb. 10,

1954 also provided that the incumbent of the judgeship created by

section 2(d) of act Aug. 3, 1949, should henceforth hold his office

under this section, as amended by act Feb. 10, 1954, Sec. 2(a)(3).

Utah. - Act Feb. 10, 1954, ch. 6, Sec. 2(b)(6), 68 Stat. 11,

which authorized the appointment of an additional judge for the

district, was repealed by section 2(b) of Pub. L. 87-36, which made

the judgeship permanent and also provided that the incumbent of the

judgeship created by act Feb. 10, 1954, should hence forth hold his

office under this section, as amended by Pub. L. 87-36, Sec. 2(d).

Virgin Islands. - Section 3(a) of Pub. L. 91-272 provided that:

"The President shall appoint, by and with the advice and consent of

the Senate, one additional judge for the District Court of the

Virgin Islands, who shall hold office for the term of eight years

and until his successor is chosen and qualified, unless sooner

removed by the President for cause."

Washington. - Section 1(b) of Pub. L. 95-486 provided that: "The

existing district judgeship for the eastern and western districts

of Washington, heretofore provided for by section 133 of title 28

of the United States Code, shall hereafter be a district judgeship

for the western district of Washington only, and the present

incumbent of such judgeship shall henceforth hold his office under

section 133, as amended by this Act."

Section 2(c) of Pub. L. 87-36 provided that: "The existing

district judgeship for the eastern and western districts of

Washington, heretofore provided for by section 133 of title 28 of

the United States Code, shall hereafter be a district judgeship for

the western district of Washington only, and the present incumbent

of such judgeship shall henceforth hold his office under section

133, as amended by this Act [Pub. L. 87-36]."

West Virginia. - Section 2 of Pub. L. 97-471 provided that:

"(a) The existing district judgeship for the Southern District of

West Virginia, authorized by section 2 of the Act entitled 'An Act

to provide for the appointment of additional district and circuit

judges and for other purposes', approved October 20, 1978 [Pub. L.

95-486] (92 Stat. 1632; 28 U.S.C. 133 note), shall, as of the date

of enactment of this Act [Jan. 14, 1983], be authorized under

section 133 of title 28 of the United States Code as a district

judgeship for the Northern District of West Virginia, and the

incumbent of that office shall henceforth hold office under section

133, as amended by this Act.

"(b) The existing district judgeship for the Northern and

Southern Districts of West Virginia shall be authorized as the

district judgeship for the Southern District."

The additional judgeship for the northern and southern districts,

which was authorized by act June 22, 1936, ch. 695, 49 Stat. 1805,

was made permanent by section 2(a)(2) of act Feb. 10, 1954, which

by section 2(b)(12) of act Feb. 10, 1954, provided that the

incumbent of the judgeship created by act June 22, 1936, should

henceforth hold his office under this section, as amended by act

Feb. 10, 1954, Sec. 2(a)(3).

Wisconsin. - Section 5(c) of Pub. L. 89-372, Mar. 18, 1966, 80

Stat. 78, which authorized the appointment of an additional

district judge for the district of Wisconsin and which provided

that the first vacancy occurring in the office of district judge in

such district not be filled was repealed by section 1(c) of Pub. L.

91-272, June 2, 1970, 84 Stat. 294, which provided, in part, that

such judgeship be a permanent judgeship and that the present

incumbent henceforth hold his office under this section, as amended

by section 1(d) of Pub. L. 91-272.

NOMINATION OF WOMEN AND BLACKS TO FEDERAL JUDGESHIPS

Section 8 of Pub. L. 95-486 provided that: "The Congress -

"(1) takes notice of the fact that only 1 percent of Federal

judges are women and only 4 percent are blacks; and

"(2) suggests that the President, in selecting individuals for

nomination to the Federal judgeships created by this Act [for

classification see Effective Date of 1978 Amendment note above],

give due consideration to qualified individuals regardless of

race, color, sex, religion, or national origin."

RESIDENCE OF ADDITIONAL JUDGE FOR KANSAS

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."

-EXEC-

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.

-End-

-CITE-

28 USC Sec. 134 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 134. Tenure and residence of district judges

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 896; Aug. 3, 1949, ch. 387, Sec.

2(b)(1), 63 Stat. 495; Feb. 10, 1954, ch. 6, Sec. 2(b)(13)(a), 68

Stat. 12; Pub. L. 86-3, Sec. 9(c), Mar. 18, 1959, 73 Stat. 8; Pub.

L. 87-36, Sec. 2(e)(3), May 19, 1961, 75 Stat. 83; Pub. L. 89-571,

Sec. 1, Sept. 12, 1966, 80 Stat. 764; Pub. L. 92-208, Sec. 3(e),

Dec. 18, 1971, 85 Stat. 742; Pub. L. 104-317, title VI, Sec. 607,

Oct. 19, 1996, 110 Stat. 3860.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 1 and section 863 of

title 48, U.S.C., 1940 ed., Territories and Insular Possessions

(Apr. 12, 1900, ch. 191, Sec. 34, 31 Stat. 84; Mar. 3, 1911, ch.

231, Sec. 1, 36 Stat. 1087; Jan. 7, 1913; ch. 6, 37 Stat. 648; July

30, 1914, ch. 216, 38 Stat. 580; Mar. 2, 1917, ch. 145, Sec. 41, 39

Stat. 965; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; Sept. 14,

1922, ch. 306, Sec. 1, 42 Stat. 837; Mar. 26, 1938, ch. 51, Sec. 2,

52 Stat. 118).

Section consolidates the last paragraph of section 1 of title 28,

U.S.C., 1940 ed., with portions of section 863 of title 48, U.S.C.,

1940 ed., with changes in phraseology necessary to effect

consolidation.

Provisions of section 1 of title 28, U.S.C., 1940 ed., relating

to the number of judges in the various districts are incorporated

in section 133 of this title.

A portion of section 863 of title 48, U.S.C., 1940 ed., is

retained in said title 48. For remainder of section 863, see

Distribution Table.

The exception in subsection (b) "except in the District of

Columbia" conforms with the recent decision in U.S. ex. rel.

Laughlin v. Eicher, 1944, 56 F.Supp. 972, holding that residence

requirement of section 1 of title 28, U.S.C., 1940 ed., did not

apply to district judges in the District of Columbia. (See

reviser's note under section 44 of this title.)

The clause in said last paragraph of section 1 of title 28

providing that any district judge, who violates the residence

requirement, shall be deemed guilty of a high misdemeanor, was

omitted. This penalty provision was attached to the residence

requirement at the time of compilation of the Revised Statutes of

1878, although it is apparent that Congress only intended that the

penalty should be invoked upon the unauthorized practice of law.

See U.S. ex. rel. Laughlin v. Eicher, supra, in which an outline of

the history of said section 1 of title 28 is given.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-317 inserted "the Southern

District of New York, and the Eastern District of New York," after

"the District of Columbia," and inserted "Each district judge of

the Southern District of New York and the Eastern District of New

York may reside within 20 miles of the district to which he or she

is appointed." at end.

1971 - Subsec. (c). Pub. L. 92-208 struck out provision requiring

that one of the district judges for the Eastern District of

Louisiana reside in East Baton Rouge Parish, Louisiana.

1966 - Subsec. (a). Pub. L. 89-571 struck out provisions which

excepted district judges in Puerto Rico from tenure during good

behavior and which instead set eight-year terms for them to be

served until their successors were appointed and qualified.

1961 - Subsec. (c). Pub. L. 87-36 required the residence of one

of the district judges for the Eastern District of Louisiana to be

in East Baton Rouge Parish, Louisiana.

1959 - Subsec. (a). Pub. L. 86-3 struck out provisions which

limited district judges in Hawaii to a term of six years.

1954 - Subsecs. (a) and (b) reenacted without change by act Feb.

10, 1954.

Subsec. (c). Act Feb. 10, 1954, substituted entirely new

provisions giving the judicial council of the circuit the authority

to determine residence of district judges when it is in the public

interest and the nature of the business of the district court

necessitates the presence of a judge at or near a particular place

for holding court in the district or within a particular part of

the district, for former provisions relating to residence of one of

the district judges for the District of Kansas.

Subsecs. (d), (e). Act Feb. 10, 1954, struck out subsecs. (d) and

(e) which related to residence of one of the district judges for

the Southern District of California and one of the district judges

for the Southern District of Texas.

1949 - Subsecs. (c) to (e). Act Aug. 3, 1949, added subsecs. (c)

to (e).

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-208 effective 120 days after Dec. 18,

1971, see section 3(f) of Pub. L. 92-208, set out as a note under

section 98 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-3 effective on admission of Hawaii into

the Union, see Effective Date of 1959 Amendment note set out under

section 133 of this title. Admission of Hawaii into the Union was

accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug.

21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and

7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes

preceding section 491 of Title 48, Territories and Insular

Possessions.

TENURE AND SALARY RIGHTS OF JUDGES IN PUERTO RICO IN OFFICE ON

SEPTEMBER 12, 1966

Section 4 of Pub. L. 89-571 provided that: "The amendments made

by this section to sections 134 and 373 of title 28, United States

Code, shall not affect the tenure of office or right to continue to

receive salary after resignation, retirement, or failure of

reappointment of any district judge for the district of Puerto Rico

who is in office on the date of enactment of this Act [Sept. 12,

1966]."

APPLICABILITY OF ORDERS UNDER 1954 AMENDMENT

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 134 of Title 28, as amended by this

section, determining that a specified district judge shall maintain

his abode at or near a place or within an area which the council

has theretofore designated for the abode of a district judge under

the first sentence of such subsection, shall be applicable only to

district judges appointed after the enactment of this act [Feb. 10,

1954]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 992 of this title.

-End-

-CITE-

28 USC Sec. 135 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 135. Salaries of district judges

-STATUTE-

Each judge of a district court of the United States shall receive

a salary at an annual rate determined under section 225 of the

Federal Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by

section 461 of this title.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 897; Mar. 2, 1955, ch. 9, Sec.

1(c), 69 Stat. 10; Pub. L. 88-426, title IV, Sec. 403(c), Aug. 14,

1964, 78 Stat. 434; Pub. L. 94-82, title II, Sec. 205(b)(3), Aug.

9, 1975, 89 Stat. 422.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 5, and District of

Columbia Code, 1940 ed., Sec. 11-302 (Mar. 3, 1911, ch. 231, Sec.

2, 36 Stat. 1087; Feb. 25, 1919, ch. 29, Sec. 1, 40 Stat. 1156;

Dec. 13, 1926, ch. 6, 44 Stat. 919; May 17, 1932, ch. 190, 47 Stat.

158; July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716).

Section consolidates section 5 of title 28, U.S.C., 1940 ed., and

section 11-302 of the District of Columbia Code, 1940 ed.

"Chief judge," in the District of Columbia, was substituted for

"Chief Justice" which appeared in section 11-302 of the District of

Columbia Code. (See reviser's note under section 136 of this

title.)

Words "to be paid in monthly installments" were omitted, since

the time of payment is a matter of administrative convenience. See

20 Comp. Gen. 834.

The provision of section 5 of title 28, U.S.C., 1940 ed., for

salaries of judges of the district court of Alaska was omitted as

covered by section 101 of Title 48, U.S.C., 1940 ed., Territories

and Insular Possessions, as amended by a separate section in the

bill to enact this revised title. The provision of said section for

salary of the Virgin Islands district judge was omitted as covered

by section 5a of title 28, U.S.C., 1940 ed., as amended by a

separate section in the bill to enact this revised title. Such

section 5a is recommended for transfer to title 48, U.S.C., 1940

ed., because of the dual nature of the Virgin Islands district

court.

For salary of the district judge of Canal Zone district court,

see section 1348 of title 48, U.S.C., 1940 ed., Territories and

Insular Possessions.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 225 of the Federal Salary Act of 1967, referred to in

text, is section 225 of Pub. L. 90-206, Dec. 16, 1967, 81 Stat.

642, as amended, which is classified to chapter 11 (Sec. 351 et

seq.) of Title 2, The Congress.

-MISC2-

AMENDMENTS

1975 - Pub. L. 94-82 substituted provision that each judge of a

district court shall receive a salary at an annual rate determined

under section 225 of the Federal Salary Act of 1967, as adjusted by

section 461 of this title, for provision that each such judge

receive a salary of $30,000.

1964 - Pub. L. 88-426 increased the salary of the district court

judges from $22,500 to $30,000, and that of the chief judge of the

District Court for the District of Columbia from $23,000 to

$30,500.

1955 - Act Mar. 2, 1955, increased the salaries of the district

court judges from $15,000 to $22,500 a year and increased the

salary of the chief judge of the District Court for the District of

Columbia from $15,500 to $23,000 a year.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on the first day of the

first pay period which begins on or after July 1, 1964, except to

the extent provided in section 501(c) of Pub. L. 88-426, see

section 501 of Pub. L. 88-426.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see

section 5 of act Mar. 2, 1955, set out as a note under section 31

of Title 2, The Congress.

SALARY INCREASES

2003 - Salaries of district judges increased to $154,700 per

annum, effective on first day of first pay period beginning on or

after Jan. 1, 2003, by Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R.

1133, as amended by Ex. Ord. No. 13291, Sec. 3, Mar. 21, 2003, 68

F.R. 14525, set out as a note under section 5332 of Title 5,

Government Organization and Employees.

2002 - Salaries of district judges increased to $150,000 per

annum, effective on first day of first pay period beginning on or

after Jan. 1, 2002, by Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R.

639, formerly set out as a note under section 5332 of Title 5.

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, formerly set out as a note under section 5332

of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 Pub. L. 101-194, title VII, Sec.

703(a)(3), Nov. 30, 1989, 103 Stat. 1768, set out as a note under

section 5318 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 358 of Title 2, The Congress.

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 section 5332 of Title 5, Government Organization

and Employees.

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 section 5332 of Title 5.

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 section 5332 of Title 5.

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 section 5332 of Title 5. Ex. Ord. No. 12387

further provided that pursuant to section 140 of Pub. L. 97-92

funds are not available to pay a salary at a rate which exceeds the

rate in effect on Dec. 15, 1981, which was $70,300.

Maximum rate payable after Dec. 17, 1982, increased from $70,300

to $73,100, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21,

1982, 96 Stat. 1914, set out as a note under section 5318 of Title

5.

Limitations on use of funds for fiscal year ending Sept. 30,

1983, appropriated by any Act to pay salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(e) of Pub. L. 97-276, as amended, set out as a note

under section 5318 of Title 5.

1981 - Salaries of 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 section 5332 of Title 5.

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 Pub. L. 97-92, set out as a note under

section 5318 of Title 5.

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 section 5332 of Title 5. Ex. Ord. No. 12248

further provided that pursuant to Pub. L. 96-369 funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1980, which was $57,497.50.

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 Pub. L. 96-536, as amended, set out as a note

under section 5318 of Title 5.

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 section 5332 of Title 5. Ex. Ord.

No. 12165 further provided that pursuant to Pub. L. 96-86 funds

appropriated for fiscal year 1980 may not be used to pay a salary

at a rate which exceeds an increase of 5.5 percent over applicable

rate payable for such position or office in effect on Sept. 30,

1978, which was $57,497.50 for district judges.

Applicability to funds appropriated by any Act for fiscal year

ending Sept. 30, 1980, of limitation of section 304 of Pub. L.

95-391 on use of funds to pay the salary or pay of any individual

in legislative, executive, or judicial branch in position equal to

or above Level V of Executive Schedule, see section 101 of Pub. L.

96-86, set out as a note under section 5318 of Title 5.

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 section 5332 of Title 5. Ex. Ord. No.

12087, further provided that pursuant to Legislative Branch

Appropriation Act, 1979 [Pub. L. 95-391, title III, Sec. 304, Sept.

30, 1978, 92 Stat. 788, set out as a note under section 5318 of

Title 5], funds are not available to pay a salary at a rate which

exceeds rate in effect on Sept. 30, 1978, which was $54,500.

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 section 358 of Title 2, The Congress.

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 section 5332 of Title 5, Government

Organization and Employees. Ex. Ord. No. 11941, further provided

that pursuant to Legislative Branch Appropriation Act, 1977, funds

are not available to pay a salary at a rate which exceeds rate in

effect on Sept. 30, 1976, which was $42,000.

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 section 5332 of Title 5.

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 section 358 of Title 2, The

Congress.

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, Sec. 1, 60 Stat. 716.

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, Sec. 1, 44 Stat. 919.

1919 - Salaries of district court judges increased from $6,000 to

$7,500 a year by act Feb. 25, 1919, ch. 29, Sec. 1, 40 Stat. 1156.

Salaries of chief justice and associate justices of Supreme Court

of District of Columbia, forerunner of District Court for District

of Columbia, were set at $5,000 by act Mar. 3, 1901, ch. 854, Sec.

1, 30 Stat. 1199, and increased to $7,500 a year by act Feb. 25,

1919, ch. 29, Sec. 1, 40 Stat. 1156.

1911 - Salaries of district court judges set at $6,000 a year by

Judicial Code of 1911, act Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat.

1087.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 153, 634 of this title;

title 26 section 7443.

-End-

-CITE-

28 USC Sec. 136 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 136. Chief judges; precedence of district judges

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 897; Oct. 31, 1951, ch. 655, Sec.

37, 65 Stat. 723; Pub. L. 85-593, Sec. 2, Aug. 6, 1958, 72 Stat.

497; Pub. L. 97-164, title II, Sec. 202, Apr. 2, 1982, 96 Stat.

52.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 375 and District of

Columbia Code, 1940 ed., Sec. 11-301 (Mar. 3, 1901, ch. 854, Secs.

60, 61, 31 Stat. 1199; Mar. 3, 1911, ch. 231, Sec. 260, 36 Stat.

1161; Mar. 3, 1911, ch. 231, Sec. 289, 32 Stat. 1167; Feb. 25,

1919, ch. 29, Sec. 6, 40 Stat. 1157; Dec. 20, 1928, ch. 41, 45

Stat. 1056; Mar. 1, 1929, ch. 419, 45 Stat. 1422; June 19, 1930,

ch. 537, 46 Stat. 785; May 31, 1938, ch. 290, Sec. 5, 52 Stat.

584).

Section consolidates portions of section 375 of title 28, U.S.C.,

1940 ed., and section 11-301 of the District of Columbia Code, 1940

ed. The provisions of said section 375 relating to resignation and

retirement of judges, and appointment of court officers, are

incorporated in sections 294, 371, and 756 of this title. Other

provisions of said section 11-301 of the District of Columbia Code

are incorporated in section 133 of this title.

Subsection (a), providing for a "chief judge" is new. Such term

replaces the terms "senior district judge," and "Chief Justice" of

the District Court in the District of Columbia. It is employed in

view of the great increase of administrative duties of such judge.

The use of the term "chief judge" with respect to the District of

Columbia will result in uniform nomenclature for all district

courts. The district judges of that court have expressed approval

of such designation.

The provision in said section 11-301 of the District of Columbia

Code, 1940 ed., that the "Chief Justice" shall be appointed by the

President, by and with the advice and consent of the Senate, was

omitted for the purpose of establishing a uniform method of

creating the position of chief judge in all districts. The District

of Columbia is expressly made a judicial district by section 88 of

this title.

Subsection (b) is new and conforms with similar provisions

respecting associate justices of the Supreme Court and circuit

judges in sections 4 and 45 of this title.

Subsection (c) is from the proviso in the second paragraph of

section 375 of title 28, U.S.C., 1940 ed., which applied only in

cases of appointment of court officers. Here it is made applicable

to all district judges.

Subsections (d) and (e) are new, and conform with section 44 of

this title relating to precedence of circuit judges.

The official status of the Chief Justice of the District Court

for the District of Columbia holding office at the effective date

of this act is preserved by section 2 of the bill to enact revised

title 28.

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-164, Sec. 202(a), designated

existing first sentence of subsec. (a) as par. (1), substituted "In

any district having more than one district judge, the chief judge

of the district shall be the district judge in regular active

service who is senior in commission of those judges who - (A) are

sixty-four years of age or under; (B) have served for one year or

more as a district judge; and (C) have not served previously as

chief judge" for "In each district having more than one judge the

district judge in regular active service who is senior in

commission and under seventy years of age shall be the chief judge

of the district court" in par. (1) as so designated, designated

existing second sentence of subsec. (a) as par. (2)(A), substituted

"In any case in which no district judge meets the qualifications of

paragraph (1), the youngest district judge in regular active

service who is sixty-five years of age or over and who has served

as district judge for one year or more shall act as the chief

judge" for "If all the district judges in regular active service

are seventy years of age or older the youngest shall act as chief

judge until a judge has been appointed and qualified who is under

seventy years of age, but a judge may not act as chief judge until

he has served as a district judge for one year" in par. (2)(A) as

so designated, and added pars. (2)(B) and (3).

Subsec. (d). Pub. L. 97-164, Sec. 202(b), substituted "and

thereafter, the chief judge of the district shall be such other

district judge who is qualified to serve or act as chief judge

under subsection (a)" for "and thereafter the district judge in

active service next in precedence and willing to serve shall be

designated by the Chief Justice as the chief judge of the district

court".

1958 - Subsec. (a). Pub. L. 85-593 provided that chief judges of

district courts cease to serve as such upon reaching the age of

seventy, that the youngest district judge act as chief judge where

all district judges in regular active service are seventy years or

older until a judge under seventy has been appointed and qualified,

and that district judge must have served one year before acting as

chief judge.

1951 - Subsec. (a). Act Oct. 31, 1951, inserted "in active

service who is".

EFFECTIVE DATE OF 1982 AMENDMENT

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

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

title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-593 effective at expiration of one year

from Aug. 6, 1958, see section 3 of Pub. L. 85-593, as amended, set

out as a note under section 45 of this title.

SAVINGS PROVISION

Amendment by Pub. L. 97-164 not to apply or affect any person

serving as chief judge on the effective date of Pub. L. 97-164

[Oct. 1, 1982], and the provisions of subsec. (a) of this section

as in effect on the day before the effective date of part A of

title II of Pub. L. 97-164 [Oct. 1, 1982] applicable to the chief

judge of a district court serving on such effective date, see

section 203 of Pub. L. 97-164, set out as a note under section 45

of this title.

-End-

-CITE-

28 USC Sec. 137 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 137. Division of business among district judges

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 897.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 27 (Mar. 3, 1911, ch.

231, Sec. 23, 36 Stat. 1090).

Section was rewritten and the practice simplified. It provided

for division of business and assignment of cases by agreement of

judges and, in case of inability to agree, that the senior circuit

judge of the circuit should make necessary orders.

The revised section is consistent with section 332 of this title,

that the last paragraph of which requires the judicial council to

make all necessary orders for the effective and expeditious

administration of the business of the courts within the circuit.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 48 section 1614.

-End-

-CITE-

28 USC Sec. 138 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 138. Terms abolished

-STATUTE-

The district court shall not hold formal terms.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88-139, Sec. 1, Oct.

16, 1963, 77 Stat. 248.)

-MISC1-

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 - Pub. L. 88-139 substituted "The district court shall not

hold formal terms" for "The times for holding regular terms of

court at the places fixed by this chapter shall be determined by

rule of the district court" in text, and "Terms abolished" for

"Times for holding regular terms" in section catchline.

-End-

-CITE-

28 USC Sec. 139 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 139. Times for holding regular sessions

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88-139, Sec. 1, Oct.

16, 1963, 77 Stat. 248.)

-MISC1-

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 - Pub. L. 88-139 substituted provisions requiring the times

for commencing regular sessions of the district court to be

determined by the rules or orders of the court, authorizing such

rules or orders to provide that at one or more of the places fixed

by this chapter, the court shall be in continuous session on all

business days throughout the year, and that at other places, a

session continues until terminated by order of final adjournment or

by commencement of the next regular session at the same place, for

provisions that a term continues until terminated by order of final

adjournment or by commencement of the next term at the same place,

in the text, and "Times for holding regular sessions" for "Term

continued until terminated" in section catchline.

-End-

-CITE-

28 USC Sec. 140 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 140. Adjournment

-STATUTE-

(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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88-139, Sec. 1, Oct.

16, 1963, 77 Stat. 248.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 16, 146, 182 (Mar. 3,

1911, ch. 231, Secs. 12, 73, 101, 36 Stat. 1088, 1108, 1122; June

12, 1916, ch. 143, 39 Stat. 225; Feb. 20, 1917, ch. 102, 39 Stat.

927; June 13, 1918, ch. 98, 40 Stat. 604; Feb. 26, 1919, ch. 54, 40

Stat. 1184; May 29, 1924, ch. 209, 43 Stat. 243; June 5, 1924, ch.

259, 43 Stat. 387; Jan. 10, 1925, chs. 68, 69, 43 Stat. 730, 731;

Feb. 16, 1925, ch. 233, Sec. 1, 43 Stat. 945; May 7, 1926, ch. 255,

44 Stat. 408; Apr. 21, 1928, ch. 395, 45 Stat. 440; Mar. 2, 1929,

ch. 539, 45 Stat. 1518; June 28, 1930, ch. 714, 46 Stat. 829; May

13, 1936, ch. 386, 49 Stat. 1271; Aug. 12, 1937, ch. 595, 50 Stat.

625).

Section consolidates section 16 with the third sentence of

section 146, and the final proviso in the third paragraph of

section 182, all of title 28, U.S.C., 1940 ed.

Said section 16 of title 28 provided for adjournment by the

marshal, or clerk, on written order of the judge, in case of

inability of the district judge to attend at the commencement of

any regular, adjourned or special term, or any time during such

term. Said sections 146 and 182 thereof, related to the district

courts of Colorado and Oklahoma, only, and contained special

provisions for adjournment. Subsection (b) omits the requirement of

written order where the judge is unable to make such order.

The revised section broadens these provisions, and vests

discretionary power in the court, by order made anywhere within the

district, to adjourn any term of court "for insufficient business

or other good cause." To establish uniformity, the special

provisions relating to Colorado and Oklahoma were omitted.

Other provisions of said sections 146 and 182 of title 28,

U.S.C., 1940 ed., are incorporated in sections 85 and 116 of this

title.

The provision of subsection (a) authorizing the district court,

with the consent of the judicial council of the circuit, to

pretermit any term of court for insufficient business or other good

cause, is inserted to obviate the expense and inconvenience of

convening and adjourning a term for which no need exists.

AMENDMENTS

1963 - Subsecs. (a), (b). Pub. L. 88-139 substituted "session"

for "term".

-End-

-CITE-

28 USC Sec. 141 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 141. Special sessions; places; notice

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88-139, Sec. 1, Oct.

16, 1963, 77 Stat. 248.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 15 (Mar. 3, 1911, ch.

231, Sec. 11, 36 Stat. 1089).

Section was rewritten to include provision that notice of special

terms should conform to rules approved by the judicial council of

the circuit, thus insuring a uniform practice among the courts for

convening special terms.

Changes of phraseology were made.

AMENDMENTS

1963 - Pub. L. 88-139 substituted "sessions" for "terms" and

"session" for "term" wherever appearing in text and section

catchline, and struck out "pursuant to rules approved by the

judicial council of the circuit" after "court orders" in text.

-End-

-CITE-

28 USC Sec. 142 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

[Sec. 142. Repealed. Pub. L. 97-164, title I, Sec. 115(c)(3), Apr.

2, 1982, 96 Stat. 32]

-MISC1-

Section, acts June 25, 1948, ch. 646, 62 Stat. 898; Oct. 9, 1962,

Pub. L. 87-764, 76 Stat. 762; Nov. 19, 1977, Pub. L. 95-196, 91

Stat. 1420, related to the providing of accommodations at places

for holding court. See section 462 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164,

set out as an Effective Date of 1982 Amendment note under section

171 of this title.

WAIVER OF LIMITATIONS AND RESTRICTIONS

The limitations and restrictions contained in this section prior

to its repeal were waived with respect to the holding of court at

certain places by the following Acts:

Pub. L. 87-833, Oct. 15, 1962, 76 Stat. 959, related to Akron,

Ohio.

Pub. L. 87-699, Sept. 25, 1962, 76 Stat. 598, related to

Richland, Washington.

Pub. L. 87-562, Sec. 4, July 30, 1962, 76 Stat. 248, related to

Fort Myers, Saint Petersburg, Fort Pierce, and West Palm Beach,

Florida.

Pub. L. 87-560, July 27, 1962, 76 Stat. 247, related to Marshall,

Texas.

Pub. L. 87-559, July 27, 1962, 76 Stat. 246, related to Decatur,

Alabama.

Pub. L. 87-553, July 27, 1962, 76 Stat. 222, related to

Winchester, Tennessee.

Pub. L. 87-551, July 27, 1962, 76 Stat. 221, related to

Bridgeport, Connecticut.

Pub. L. 87-337, Oct. 3, 1961, 75 Stat. 750, related to Lafayette,

Louisiana.

Pub. L. 87-36, Sec. 3(g), May 19, 1961, 75 Stat. 83, related to

Kalamazoo, Michigan; Fayetteville, North Carolina; and Dyersburg,

Tennessee.

Pub. L. 86-366, Sept. 22, 1959, 73 Stat. 647, related to Durant,

Oklahoma.

Act July 20, 1956, ch. 657, 70 Stat. 594, related to Bryson City,

North Carolina.

Act Sept. 23, 1950, ch. 1006, 64 Stat. 982, related to Klamath

Falls, Oregon.

Act Aug. 21, 1950, ch. 767, 64 Stat. 469, related to Newnan,

Georgia.

Act Aug. 10, 1950, ch. 675, Sec. 2, 64 Stat. 438, related to Rock

Island, Illinois.

Act Oct. 26, 1949, ch. 744, 63 Stat. 923, related to Thomasville,

Georgia.

Act Oct. 26, 1949, ch. 740, 63 Stat. 921, related to Brunswick,

Georgia.

-End-

-CITE-

28 USC Sec. 143 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 143. Vacant judgeship as affecting proceedings

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 898.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 26 (Mar. 3, 1911, ch.

231, Sec. 22, 36 Stat. 1090).

The last clause of section 26 of title 28, U.S.C., 1940, ed.,

prescribing the powers of a designated judge was omitted as covered

by section 296 of this title.

Minor changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 144 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 5 - DISTRICT COURTS

-HEAD-

Sec. 144. Bias or prejudice of judge

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, Sec.

65, 63 Stat. 99.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 25 (Mar. 3, 1911, ch.

231, Sec. 21, 36 Stat. 1090).

The provision that the same procedure shall be had when the

presiding judge disqualifies himself was omitted as unnecessary.

(See section 291 et seq. and section 455 of this title.)

Words, "at which the proceeding is to be heard," were added to

clarify the meaning of words, "before the beginning of the term."

(See U.S. v. Costea, D.C.Mich. 1943, 52 F.Supp. 3.)

Changes were made in phraseology and arrangement.

1949 ACT

This amendment clarifies the intent in section 144 of title 28,

U.S.C., to conform to the law as it existed at the time of the

enactment of the revision limiting the filing of affidavits of

prejudice to one such affidavit in any case.

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 sections 138 and 139 of this title.

-End-