-CITE-

28 USC CHAPTER 1 - SUPREME COURT 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 1 - SUPREME COURT

-HEAD-

CHAPTER 1 - SUPREME COURT

-MISC1-

Sec.

1. Number of justices; quorum.

2. Terms of court.

3. Vacancy in office of Chief Justice; disability.

4. Precedence of associate justices.

5. Salaries of justices.

6. Records of former court of appeals.

-CROSS-

RULES OF THE SUPREME COURT

See Appendix to this title.

-End-

-CITE-

28 USC Sec. 1 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 1 - SUPREME COURT

-HEAD-

Sec. 1. Number of justices; quorum

-STATUTE-

The Supreme Court of the United States shall consist of a Chief

Justice of the United States and eight associate justices, any six

of whom shall constitute a quorum.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 869.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 321 (Mar. 3, 1911, ch.

231, Sec. 215, 36 Stat. 1152).

Appointment of "judges of the Supreme Court" by the President by

and with the advice and consent of the Senate is provided by U.S.

Constitution art. 2, Sec. 2, cl. 2.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-273, div. C, title I, Sec. 11020(a), Nov. 2, 2002,

116 Stat. 1826, provided that: "This section [enacting sections

1369, 1697, and 1785 of this title, amending sections 1391 and 1441

of this title, and enacting provisions set out as a note under

section 1369 of this title] may be cited as the 'Multiparty,

Multiforum Trial Jurisdiction Act of 2002'."

Pub. L. 107-273, div. C, title I, Sec. 11041, Nov. 2, 2002, 116

Stat. 1848, provided that: "This subtitle [subtitle C (Secs.

11041-11044) of title I of div. C of Pub. L. 107-273, enacting

chapter 16 of this title, amending sections 331, 332, 372, 375, and

604 of this title, and section 7253 of Title 38, Veterans'

Benefits, and enacting provisions set out as a note under section

351 of this title] may be cited as the 'Judicial Improvements Act

of 2002'."

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-518, Sec. 1(a), Nov. 13, 2000, 114 Stat. 2410,

provided that: "This Act [enacting sections 179 and 613 of this

title, amending sections 117, 175, 332, 371, 376, 604, 611, 612,

627, 631, 636, 797, 996, 1865, 1930, and 2671 of this title,

sections 3102 and 5551 of Title 5, Government Organization and

Employees, section 1228 of Title 11, Bankruptcy, sections 3006A and

3401 of Title 18, Crimes and Criminal Procedure, and section 13n of

former Title 40, Public Buildings, Property, and Works, repealing

section 2520 of this title, enacting provisions set out as notes

under sections 613, 996, and 1931 of this title, and amending

provisions set out as notes under sections 471, 581, and 1931 of

this title] may be cited as the 'Federal Courts Improvement Act of

2000'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-315, Sec. 1, Oct. 30, 1998, 112 Stat. 2993, provided

that: "This Act [amending sections 651 to 658 of this title,

enacting provisions set out as notes under section 651 of this

title, and repealing provisions set out as a note under section 652

of this title] may be cited as the 'Alternative Dispute Resolution

Act of 1998'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-317, Sec. 1(a), Oct. 19, 1996, 110 Stat. 3847,

provided that: "This Act [enacting sections 258 and 1932 of this

title, amending sections 112, 125, 134, 251, 253, 331, 332, 371,

376, 601, 621, 627, 636, 753, 954, 1332, 1404, 1406, 1442, 1446,

1827, 1914, 1931, and 1963 of this title, sections 3154, 3401, and

3603 of Title 18, Crimes and Criminal Procedure, sections 1983 and

1988 of Title 42, The Public Health and Welfare, and sections 719,

743, 745, 1104, and 1105 of Title 45, Railroads, enacting

provisions set out as notes under sections 258, 1332, 1404, 1827,

1914, 1931, and 2412 of this title and section 719 of Title 45, and

amending provisions set out as notes under sections 133, 152, 471,

and 1913 of this title] may be cited as the 'Federal Courts

Improvement Act of 1996'."

SHORT TITLE OF 1994 AMENDMENTS

Pub. L. 103-420, Sec. 1, Oct. 25, 1994, 108 Stat. 4343, provided

that: "This Act [amending section 612 of this title, amending

provisions set out as notes under sections 471 and 651 of this

title, and repealing provisions set out as a note under section 651

of this title] may be cited as the 'Judicial Amendments Act of

1994'."

Pub. L. 103-383, Sec. 1, Oct. 20, 1994, 108 Stat. 4063, provided

that: "This Act [enacting section 1738B of this title and

provisions set out as a note under section 1738B of this title] may

be cited as the 'Full Faith and Credit for Child Support Orders

Act'."

Pub. L. 103-270, Sec. 1, June 30, 1994, 108 Stat. 732, provided

that: "This Act [amending sections 591 to 596 and 599 of this title

and enacting provisions set out as notes under section 591 of this

title and section 113 of Title 3, The President] may be cited as

the 'Independent Counsel Reauthorization Act of 1994'."

SHORT TITLE OF 1992 AMENDMENTS

Pub. L. 102-572, Sec. 1, Oct. 29, 1992, 106 Stat. 4506, provided

that: "This Act [see Tables for classification] may be cited as the

'Federal Courts Administration Act of 1992'."

Pub. L. 102-572, title IX, Sec. 901, Oct. 29, 1992, 106 Stat.

4516, provided that: "This title [see Tables for classification]

may be cited as the 'Court of Federal Claims Technical and

Procedural Improvements Act of 1992'."

Pub. L. 102-559, Sec. 1, Oct. 28, 1992, 106 Stat. 4227, provided

that: "This Act [enacting chapter 178 of this title and provisions

set out as a note under section 3701 of this title] may be cited as

the 'Professional and Amateur Sports Protection Act'."

Pub. L. 102-417, Sec. 1, Oct. 14, 1992, 106 Stat. 2138, provided

that: "This Act [amending section 1821 of this title and enacting

provisions set out as a note under section 1821 of this title] may

be cited as the 'Incarcerated Witness Fees Act of 1991'."

Pub. L. 102-361, Sec. 1, Aug. 26, 1992, 106 Stat. 965, provided

that: "This Act [amending section 152 of this title and enacting

provisions set out as a note under section 152 of this title] may

be cited as the 'Bankruptcy Judgeship Act of 1992'."

SHORT TITLE OF 1990 AMENDMENTS

Pub. L. 101-650, Sec. 1, Dec. 1, 1990, 104 Stat. 5089, provided:

"That this Act [see Tables for classification] may be cited as the

'Judicial Improvements Act of 1990'."

Pub. L. 101-650, title I, Sec. 101, Dec. 1, 1990, 104 Stat. 5089,

provided that: "This title [enacting chapter 23 of this title and

provisions set out as notes under section 471 of this title] may be

cited as the 'Civil Justice Reform Act of 1990'."

Pub. L. 101-650, title II, Sec. 201, Dec. 1, 1990, 104 Stat.

5098, provided that: "This title [amending sections 44 and 133 of

this title and enacting provisions set out as notes under sections

44, 133, and 331 of this title] may be cited as the 'Federal

Judgeship Act of 1990'."

Pub. L. 101-650, title III, Sec. 301, Dec. 1, 1990, 104 Stat.

5104, provided that: "This title [enacting sections 178, 1367, and

1658 of this title and section 8440b of Title 5, Government

Organization and Employees, amending sections 108, 112, 122, 133,

152, 158, 332, 333, 375, 376, 377, 601, 602, 604, 631, 636, 995,

996, 1334, 1391, 1441, 1452, 1499, 1605, 1610, 1821, 1871, and 2072

of this title, sections 8331, 8334, 8336, 8339, and 8402 of Title

5, provisions set out in the Appendix to Title 5, and section 305

of Title 11, Bankruptcy, renumbering section 15 of Title 9,

Arbitration, as section 16 of Title 9, enacting provisions set out

as notes under sections 376, 620, 631, 1367, and 1658 of this

title, section 8331 of Title 5, section 307 of Title 11, and

sections 3006A and 3551 of Title 18, Crimes and Criminal Procedure,

and amending provisions set out as notes under sections 533 and 581

of this title] may be cited as the 'Federal Courts Study Committee

Implementation Act of 1990'."

Pub. L. 101-650, title IV, Sec. 401, Dec. 1, 1990, 104 Stat.

5122, provided that: "This title [amending sections 332, 372, 453,

and 2077 of this title and provisions set out in the Appendix to

Title 5, Government Organization and Employees, and enacting

provisions set out as notes under sections 332 and 372 of this

title] may be cited as the 'Judicial Discipline and Removal Reform

Act of 1990'."

Pub. L. 101-647, title XXXVI, Sec. 3601, Nov. 29, 1990, 104 Stat.

4933, provided that: "This title [enacting chapter 176 and section

2044 of this title, amending sections 550, 1962, 1963, and 2410 of

this title, section 523 of Title 11, Bankruptcy, and sections 3142

and 3552 of Title 18, Crimes and Criminal Procedure, and enacting

provisions set out as a note under section 3001 of this title] may

be cited as the 'Federal Debt Collection Procedures Act of 1990'."

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-702, Sec. 1, Nov. 19, 1988, 102 Stat. 4642, provided

that: "This Act [see Tables for classification] may be cited as the

'Judicial Improvements and Access to Justice Act'."

Pub. L. 100-702, title VII, Sec. 701, Nov. 19, 1988, 102 Stat.

4654, provided that: "This title [amending section 1827 of this

title and enacting provisions set out as notes under section 1827

of this title] may be cited as the 'Court Interpreter Amendments

Act of 1988'."

Pub. L. 100-694, Sec. 1, Nov. 18, 1988, 102 Stat. 4563, provided

that: "This Act [enacting section 831c-2 of Title 16, Conservation,

amending sections 2671, 2674, and 2679 of this title, and enacting

provisions set out as notes under sections 2671 and 2679 of this

title] may be cited as the 'Federal Employees Liability Reform and

Tort Compensation Act of 1988'."

Pub. L. 100-659, Sec. 1, Nov. 15, 1988, 102 Stat. 3910, provided

that: "This Act [enacting section 377 of this title and section

8440a of Title 5, Government Organization and Employees, amending

sections 155, 375, 376, 604, 631, and 636 of this title and

sections 8334 and 8402 of Title 5, and enacting provisions set out

as notes under sections 376 and 377 of this title] may be cited as

the 'Retirement and Survivors' Annuities for Bankruptcy Judges and

Magistrates Act of 1988'."

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-191, Sec. 1, Dec. 15, 1987, 101 Stat. 1293, provided

that: "This Act [enacting section 599 of this title, amending

sections 49 and 591 to 598 of this title, sections 203 and 205 of

Pub. L. 95-521, set out in the Appendix to Title 5, Government

Organization and Employees, and section 202 of Title 18, Crimes and

Criminal Procedure, enacting provisions set out as a note under

section 591 of this title, and amending provisions set out as a

note under section 591 of this title] may be cited as the

'Independent Counsel Reauthorization Act of 1987'."

SHORT TITLE OF 1986 AMENDMENTS

Pub. L. 99-657, Sec. 1, Nov. 14, 1986, 100 Stat. 3670, provided

that: "This Act [amending sections 90 and 121 of this title and

enacting provisions set out as a note under section 121 of this

title] may be cited as the 'Judicial Housekeeping Act of 1986'."

Pub. L. 99-570, Sec. 1151, Oct. 27, 1986, 100 Stat. 3207-12,

provided that: "This subtitle [subtitle D (Secs. 1151-1153) of

title I of Pub. L. 99-570, amending section 524 of this title,

section 1963 of Title 18, Crimes and Criminal Procedure, section

1613a of Title 19, Customs Duties, and section 853 of Title 21,

Food and Drugs, and repealing section 1613b of Title 19] may be

cited as the 'Department of Justice Assets Forfeiture Fund

Amendments Act of 1986'."

Pub. L. 99-363, Sec. 1, July 11, 1986, 100 Stat. 770, provided

that: "This Act [amending section 994 of this title] may be cited

as the 'Sentencing Guidelines Act of 1986'."

Pub. L. 99-336, Sec. 1, June 19, 1986, 100 Stat. 633, provided

that: "This Act [amending sections 376, 620, 1441, 1914, and 2342

of this title, section 288d of Title 2, The Congress, and sections

8706, 8714a, 8714b, and 8714c of Title 5, Government Organization

and Employees, and enacting provisions set out as notes under

sections 376, 620, 1441, 1914, and 2342 of this title, and section

8706 of Title 5] may be cited as the 'Judicial Improvements Act of

1985'."

SHORT TITLE OF 1984 AMENDMENTS

Pub. L. 98-620, title IV, Sec. 404, Nov. 8, 1984, 98 Stat. 3361,

provided that: "This subtitle [subtitle B (Secs. 404-411) of title

IV of Pub. L. 98-620, amending sections 85, 90, 93, 112, 124, and

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

sections 85, 90, 93, and 124 of this title] may be cited as the

'Federal District Court Organization Act of 1984'."

Pub. L. 98-620, title IV, prec. Sec. 412, Nov. 8, 1984, 98 Stat.

3362, provided that: "This subtitle [subtitle C (Secs. 412-416) of

title IV of Pub. L. 98-620, enacting section 798 of this title,

amending section 1292 of this title, section 1071 of Title 15,

Commerce and Trade, section 1337 of Title 19, Customs Duties, and

sections 142 to 144 of Title 35, Patents, and enacting provisions

set out as notes under section 713 of this title and section 142 of

Title 35] may be cited as the 'Technical Amendments to the Federal

Courts Improvement Act of 1982'."

For short title of Pub. L. 98-353 as the Bankruptcy Amendments

and Federal Judgeship Act of 1984, see section 1 of Pub. L. 98-353,

set out as a note under section 151 of this title.

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 97-409, Sec. 1, Jan. 3, 1983, 96 Stat. 2039, provided:

"That this Act [amending sections 49, 591, and 592 to 598 of this

title and amending provisions set out as a note under section 591

of this title] may be cited as the 'Ethics in Government Act

Amendments of 1982'."

SHORT TITLE OF 1982 AMENDMENTS

For short title of sections 2 to 6 of Pub. L. 97-394 as the

Indian Claims Limitation Act of 1982, see section 1 of Pub. L.

97-394, set out as a note under section 2415 of this title.

Pub. L. 97-292, Sec. 1, Oct. 12, 1982, 96 Stat. 1259, provided:

"That this Act [amending section 534 of this title] may be cited as

the 'Missing Children Act'."

Pub. L. 97-164, Sec. 1, Apr. 2, 1982, 96 Stat. 25, provided:

"That this Act [see Tables for classification] may be cited as the

'Federal Courts Improvement Act of 1982'."

SHORT TITLE OF 1980 AMENDMENTS

Pub. L. 96-486, Sec. 1, Dec. 1, 1980, 94 Stat. 2369, provided:

"That this Act [amending section 1331 of this title and section

2072 of Title 15, Commerce and Trade, and enacting provisions set

out as a note under section 1331 of this title] may be cited as the

'Federal Question Jurisdictional Amendments Act of 1980'."

Pub. L. 96-462, Sec. 1, Oct. 15, 1980, 94 Stat. 2053, provided

that: "This Act [amending sections 84, 95, 105, 113, and 124 of

this title and enacting provisions set out as notes under sections

84, 95, 105, and 113 of this title] may be cited as the 'Federal

District Court Organization Act of 1980'."

Pub. L. 96-458, Sec. 1, Oct. 15, 1980, 94 Stat. 2035, provided

that: "This Act [amending sections 331, 332, 372, and 604 of this

title and enacting provisions set out as notes under section 331 of

this title] may be cited as the 'Judicial Councils Reform and

Judicial Conduct and Disability Act of 1980'."

Pub. L. 96-452, Sec. 1, Oct. 14, 1980, 94 Stat. 1994, provided:

"That this Act [amending sections 41, 44, and 48 of this title and

enacting provisions set out as notes under section 41 of this

title] may be cited as the 'Fifth Circuit Court of Appeals

Reorganization Act of 1980'."

Pub. L. 96-417, Sec. 1, Oct. 10, 1980, 94 Stat. 1727, provided:

"That this Act [see Tables for classification] may be cited as the

'Customs Courts Act of 1980'."

SHORT TITLE OF 1979 AMENDMENT

For short title of Pub. L. 96-82, as the "Federal Magistrate Act

of 1979", see section 1 of Pub. L. 96-82, set out as a note under

section 631 of this title.

SHORT TITLE OF 1978 AMENDMENTS

For short title of Pub. L. 95-572 as the "Jury System

Improvements Act of 1978", see section 1 of Pub. L. 95-572, set out

as a note under section 1861 of this title.

Pub. L. 95-539, Sec. 1, Oct. 28, 1978, 92 Stat. 2040, provided:

"That this Act [enacting sections 1827 and 1828 of this title,

amending sections 602 to 604 and 1920 of this title, enacting

provisions set out as notes under section 602 of this title, and

repealing provisions set out as a note under section 602 of this

title] may be cited as the 'Court Interpreters Act'."

Pub. L. 95-408, Sec. 1, Oct. 2, 1978, 92 Stat. 883, provided

that: "This Act [amending sections 89, 93, 97, 98, 104, 112, 114,

133 of this title and enacting provisions set out as a note under

section 89 of this title] may be cited as the 'Federal District

Court Organization Act of 1978'."

SHORT TITLE OF 1976 AMENDMENTS

Pub. L. 94-583, Sec. 1, Oct. 21, 1976, 90 Stat. 2891, provided:

"That this Act [enacting sections 1330 and 1602 to 1611 of this

title, amending sections 1332, 1391, and 1441 of this title, and

enacting provisions set out as notes under section 1602 of this

title] may be cited as the 'Foreign Sovereign Immunities Act of

1976'."

Pub. L. 94-554, Sec. 1, Oct. 19, 1976, 90 Stat. 2603, provided:

"That this Act [amending section 376 of this title and enacting

provisions set out as notes under section 376 of this title] may be

cited as the 'Judicial Survivors' Annuities Reform Act'."

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-271, title I, Sec. 101, June 2, 1970, 84 Stat. 274,

provided that: "This title [enacting sections 256 and 257 of this

title, amending sections 253 to 255, 1541, 1582, 2601, 2602, and

2631 to 2639 of this title, repealing sections 1583 and 2640 to

2642 of this title, and enacting provisions set out as a note under

section 256 of this title] may be cited as 'The Customs Courts Act

of 1970'."

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-504, title II, Sec. 201, July 18, 1966, 80 Stat. 293,

provided that: "This title [enacting provisions set out as notes

under sections 603, 604, and 753 of this title] may be cited as the

'Federal Judicial Salary Act of 1966'."

SHORT TITLE OF 1964 AMENDMENT

Pub. L. 88-426, title IV, Sec. 401, Aug. 14, 1964, 78 Stat. 433,

provided that: "This title [amending sections 5, 44, 135, 173, 213,

252, 603, and 792 of this title, section 867 of Title 10, Armed

Forces, section 68 of former Title 11, Bankruptcy, and section 7443

of Title 26, Internal Revenue Code, and enacting provisions set out

as notes under sections 603, 604 and 753 of this title] may be

cited as the 'Federal Judicial Salary Act of 1964'."

-End-

-CITE-

28 USC Sec. 2 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 1 - SUPREME COURT

-HEAD-

Sec. 2. Terms of court

-STATUTE-

The Supreme Court shall hold at the seat of government a term of

court commencing on the first Monday in October of each year and

may hold such adjourned or special terms as may be necessary.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 869.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 338 (Mar. 3, 1911, ch.

231, Sec. 230, 36 Stat. 1156; Sept. 6, 1916, ch. 448, Sec. 1, 39

Stat. 726).

Minor changes in phraseology were made.

-End-

-CITE-

28 USC Sec. 3 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 1 - SUPREME COURT

-HEAD-

Sec. 3. Vacancy in office of Chief Justice; disability

-STATUTE-

Whenever the Chief Justice is unable to perform the duties of his

office or the office is vacant, his powers and duties shall devolve

upon the associate justice next in precedence who is able to act,

until such disability is removed or another Chief Justice is

appointed and duly qualified.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 869.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 323 (Mar. 3, 1911, ch.

231, Sec. 217, 36 Stat. 1152).

The sentence, "This provision shall apply to every Associate

Justice who succeeds to the office of Chief Justice", was omitted

as covered by last portion of revised section.

Minor changes were made in phraseology.

For seniority of commissions, see section 4 of this title.

-End-

-CITE-

28 USC Sec. 4 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 1 - SUPREME COURT

-HEAD-

Sec. 4. Precedence of associate justices

-STATUTE-

Associate justices shall have precedence according to the

seniority of their commissions. Justices whose commissions bear the

same date shall have precedence according to seniority in age.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 869.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 322 (Mar. 3, 1911, ch.

231, Sec. 216, 36 Stat. 1152).

Minor changes in phraseology were made.

-End-

-CITE-

28 USC Sec. 5 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 1 - SUPREME COURT

-HEAD-

Sec. 5. Salaries of justices

-STATUTE-

The Chief Justice and each associate justice shall each receive a

salary at annual rates determined under section 225 of the Federal

Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461

of this title.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 870; Mar. 2, 1955, ch. 9, Sec.

1(a), 69 Stat. 9; Pub. L. 88-426, title IV, Sec. 403(a), Aug. 14,

1964, 78 Stat. 434; Pub. L. 94-82, title II, Sec. 205(b)(1), Aug.

9, 1975, 89 Stat. 422.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 324 (Mar. 3, 1911, ch.

231, Sec. 218, 36 Stat. 1152; Dec. 13, 1926, ch. 6, Sec. 1, 44

Stat. 919; July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716).

The provision "to be paid monthly" was omitted since the time of

payment of salaries is a matter of administrative convenience. (See

20 Comp. Gen. 834.)

Minor changes in phraseology were made.

-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 provisions setting the annual

salary of the Chief Justice and each associate justice at rates

determined under section 225 of the Federal Salary Act of 1967, as

adjusted by section 461 of this title, for provisions granting the

Chief Justice and each associate justice a salary of $40,000 and

$39,500 a year, respectively.

1964 - Pub. L. 88-426 increased salary of Chief Justice from

$35,500 to $40,000 and that of Associate Justices from $35,000 to

$39,500.

1955 - Act Mar. 2, 1955, increased salary of Chief Justice from

$25,500 to $35,500 and salaries of Associate Justices from $25,000

to $35,000 a year.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to extent

provided in section 501(c) of Pub. L. 88-426, see section 501 of

Pub. L. 88-426.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see

section 5 of act Mar. 2, 1955, set out as a note under section 31

of Title 2, The Congress.

SALARY INCREASES

2003 - Salaries of Chief Justice and Associate Justices increased

to $198,600 and $190,100 per annum, respectively, 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 Chief Justice and Associate Justices increased

to $192,600 and $184,400 per annum, respectively, 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 Chief Justice and Associate Justices increased

to $186,300 and $178,300 per annum, respectively, effective on

first day of first pay period beginning on or after Jan. 1, 2001,

by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057,

formerly set out as a note under section 5332 of Title 5.

2000 - Salaries of Chief Justice and Associate Justices increased

to $181,400 and $173,600 per annum, respectively, effective on

first day of first pay period beginning on or after Jan. 1, 2000,

by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, formerly set

out as a note under section 5332 of Title 5.

1999 - Salaries of Chief Justice and Associate Justices continued

at $175,400 and $167,900 per annum, respectively, by Ex. Ord. No.

13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note

under section 5332 of Title 5.

1998 - Salaries of Chief Justice and Associate Justices increased

to $175,400 and $167,900 per annum, respectively, effective on

first day of first pay period beginning on or after Jan. 1, 1998,

by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set

out as a note under section 5332 of Title 5.

1997 - Salaries of Chief Justice and Associate Justices continued

at $171,500 and $164,100 per annum, respectively, by Ex. Ord. No.

13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note

under section 5332 of Title 5.

1996 - Salaries of Chief Justice and Associate Justices continued

at $171,500 and $164,100 per annum, respectively, by Ex. Ord. No.

12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a note under

section 5332 of Title 5.

1995 - Salaries of Chief Justice and Associate Justices continued

at $171,500 and $164,100 per annum, respectively, by Ex. Ord. No.

12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under

section 5332 of Title 5.

1993 - Salaries of Chief Justice and Associate Justices increased

to $171,500 and $164,100 per annum, respectively, effective on

first day of first pay period beginning on or after Jan. 1, 1993,

by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set

out as a note under section 5332 of Title 5.

1992 - Salaries of Chief Justice and Associate Justices increased

to $166,200 and $159,000 per annum, respectively, effective on

first day of first pay period beginning on or after Jan. 1, 1992,

by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set

out as a note under section 5332 of Title 5.

1991 - Salaries of Chief Justice and Associate Justices increased

to $160,600 and $153,600 per annum, respectively, effective on

first day of first pay period beginning on or after Jan. 1, 1991,

by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set

out as a note under section 5332 of Title 5.

1990 - Salaries of Chief Justice and Associate Justices continued

respectively at $115,000 and $110,000 per annum, and increased to

$124,000 and $118,600, respectively, effective on first day of

first pay period beginning on or after Jan. 31, 1990, by Ex. Ord.

No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note

under section 5332 of Title 5.

1989 - Salaries of Chief Justice and Associate Justices increased

in the amount of 25 percent of their respective rates (as last in

effect before the increase), effective Jan. 1, 1991, see 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 Chief Justice and Associate Justices continued

respectively at $115,000 and $110,000 per annum by Ex. Ord. No.

12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under

section 5332 of Title 5.

1988 - Salaries of Chief Justice and Associate Justices continued

respectively at $115,000 and $110,000 per annum by Ex. Ord. No.

12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under

section 5332 of Title 5.

1987 - Salaries of Chief Justice and Associate Justices increased

respectively to $115,000 and $110,000 per annum, on recommendation

of the President of the United States, see note set out under

section 358 of Title 2, The Congress.

Salaries of Chief Justice and Associate Justices increased to

$111,700 and $107,200, respectively, effective on first day of

first pay period beginning on or after Jan. 1, 1987, by Ex. Ord.

No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note

under section 5332 of Title 5, Government Organization and

Employees.

1985 - Salaries of Chief Justice and Associate Justices increased

to $108,400 and $104,100, respectively, effective on first day of

first pay period beginning on or after Jan. 1, 1985, by Ex. Ord.

No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No.

12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under

section 5332 of Title 5.

1984 - Salaries of Chief Justice and Associate Justices increased

to $104,700 and $100,600, respectively, effective on first day of

first pay period beginning on or after Jan. 1, 1984, by Ex. Ord.

No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No.

12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14,

1984, 49 F.R. 36493, formerly set out as a note under section 5332

of Title 5.

1982 - Salaries of Chief Justice and Associate Justices increased

to $100,700 and $96,700, respectively, effective on first day of

first pay period beginning on or after Oct. 1, 1982, by Ex. Ord.

No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note

under 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 $96,800 for the Chief Justice

and $93,000 for the Associate Justices.

Maximum rates payable after Dec. 17, 1982, increased from $96,800

and $93,000 to $100,700 and $96,700, respectively, see Pub. L.

97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1941, set

out as a note under section 5318 of Title 5.

Limitations on use of funds for fiscal year ending Sept. 30,

1983, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(e) of Pub. L. 97-276, as amended, set out as a note

under section 5318 of Title 5.

1981 - Salaries of Chief Justice and Associate Justices increased

to $96,800 and $93,000, respectively, effective on first day of

first pay period beginning on or after Oct. 1, 1981, by Ex. Ord.

No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note

under section 5332 of Title 5.

Limitations on use of funds for fiscal year ending Sept. 30,

1982, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

sections 101(g) and 141 of Pub. L. 97-92, set out as a note under

section 5318 of Title 5.

1980 - Salaries of Chief Justice and Associate Justices increased

to $92,400 and $88,700, respectively, effective on first day of

first pay period beginning on or after Oct. 1, 1980, by Ex. Ord.

No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note

under 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 $79,125 for the Chief Justice and $75,960 for the

Associate Justices.

Limitations on use of funds for fiscal year ending Sept. 30,

1981, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(c) of Pub. L. 96-536, as amended, set out as a note

under section 5318 of Title 5.

1979 - Salaries of Chief Justice and Associate Justices increased

to $84,700 and $81,300, respectively, effective on first day of

first pay period beginning on or after Oct. 1, 1979, by Ex. Ord.

No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No.

12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note

under section 5332 of Title 5. Ex. Ord. No. 12165 further provided

that pursuant to Pub. L. 96-86 funds appropriated for fiscal year

1980 may not be used to pay a salary at a rate which exceeds an

increase of 5.5 percent over the applicable rate payable for such

position or office in effect on Sept. 30, 1978, which was $79,125

for the Chief Justice and $75,960 for the Associate Justices.

Applicability to funds appropriated by any Act for fiscal year

ending Sept. 30, 1980, of limitation of section 304 of Pub. L.

95-391 on use of funds to pay the salary or pay of any individual

in legislative, executive, or judicial branch in position equal to

or above Level V of the Executive Schedule, see section 101 of Pub.

L. 96-86, set out as a note under section 5318 of Title 5.

1978 - Salaries of Chief Justice and Associate Justices increased

to $79,100 and $76,000, respectively, effective on first day of

first pay period beginning on or after Oct. 1, 1978, by Ex. Ord.

No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a note

under section 5332 of Title 5. Ex. Ord. No. 12087, further provided

that pursuant to the Legislative Branch Appropriation Act, 1979

[Pub. L. 95-391, title III 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 the rate in

effect on Sept. 30, 1978, which was $75,000 for the Chief Justice

and $72,000 for the Associate Justices.

1977 - Salaries of Chief Justice and Associate Justices increased

respectively to $75,000 and $72,000 per annum, on recommendation of

the President of the United States, see note set out under section

358 of Title 2, The Congress.

1976 - Salaries of Chief Justice and Associate Justices increased

to $68,800 and $66,000, respectively, effective on first day of

first pay period beginning on or after Oct. 1, 1976, by Ex. Order

No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note

under section 5332 of Title 5, Government Organization and

Employees. Ex. Ord. No. 11941, further provided that pursuant to

the Legislative Branch Appropriation Act, 1977, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1976, which was $65,600 for the Chief Justice

and $63,000 for the Associate Justices.

1975 - Salaries of Chief Justice and Associate Justices increased

to $65,600 and $63,000, respectively, effective on first day of

first pay period beginning on or after Oct. 1, 1975, by Ex. Order

No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out as a note

under section 5332 of Title 5.

1969 - Salaries of Chief Justice and Associate Justices increased

respectively from $40,000 and $39,500 to $62,500 and $60,000 per

annum, commencing Feb. 14, 1969, on recommendation of the President

of the United States, see note set out under section 358 of Title

2, The Congress.

1946 - Salary of Chief Justice increased from $20,500 to $25,500

a year, and salaries of associate justices increased from $20,000

to $25,000 a year, by act July 31, 1946, ch. 704, Sec. 1, 60 Stat.

716.

1926 - Salary of Chief Justice increased from $15,000 to $20,500

a year, and salaries of associate justices increased from $14,500

to $20,000 a year, by act Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat.

919.

1911 - Salary of Chief Justice set at $15,000 a year and salaries

of associate justices set at $14,500 a year by Judicial Code of

1911, act Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat. 1152.

-End-

-CITE-

28 USC Sec. 6 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 1 - SUPREME COURT

-HEAD-

Sec. 6. Records of former court of appeals

-STATUTE-

The records and proceedings of the court of appeals, appointed

previous to the adoption of the Constitution, shall be kept until

deposited with the National Archives of the United States in the

office of the clerk of the Supreme Court, who shall furnish copies

thereof to any person requiring and paying for them, in the manner

provided by law for giving copies of the records and proceedings of

the Supreme Court. Such copies shall have the same faith and credit

as proceedings of the Supreme Court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 870; Oct. 25, 1951, ch. 562, Sec.

4(7), 65 Stat. 640.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 329 (Mar. 3, 1911, ch.

231, Sec. 222, 36 Stat. 1153).

In a letter dated August 8, 1944, the clerk of the Supreme Court

advised that many of the early records mentioned in this section

were destroyed by fire. Others are on file in the Clerk's office.

Minor changes in phraseology were made.

AMENDMENTS

1951 - Act Oct. 25, 1951, inserted "until deposited with the

National Archives of the United States" in first sentence.

-End-