Title 28 -- Judiciary and Judicial Procedure


-CITE-
    28 USC CHAPTER 5 - DISTRICT COURTS                           01/26/98
 
-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 Repealed.)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.
 
-CROSS-
                      FEDERAL RULES OF CIVIL PROCEDURE
      See Appendix to this title.
                              CROSS REFERENCES
      Guam and Virgin Islands district courts, see sections 1424,
    1424b, and 1611 et seq. of Title 48, Territories and Insular
    Possessions.
      Jurisdiction and venue of district courts, see sections 1331 et
    seq. and 1391 et seq. of this title.
      Northern Mariana Islands district court, see sections 1821 to
    1826 of Title 48, Territories and Insular Possessions.
      Three-judge courts, composition, see section 2284 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.
 
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    28 USC Sec. 81                                               01/26/98
 
-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.
 
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    28 USC Sec. 81A                                              01/26/98
 
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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.
 
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    28 USC Sec. 82                                               01/26/98
 
-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, Sec. 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.
 
-CITE-
    28 USC Sec. 83                                               01/26/98
 
-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.
 
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    28 USC Sec. 84                                               01/26/98
 
-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.''
 
-CITE-
    28 USC Sec. 85                                               01/26/98
 
-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 (Sec.
    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).''
 
-CITE-
    28 USC Sec. 86                                               01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 87                                               01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 88                                               01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 89                                               01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 90                                               01/26/98
 
-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, Sec. 1, 2, 44
    Stat. 670; Aug. 22, 1935, ch. 603, Sec. 1-3, 49 Stat. 680, 681;
    June 20, 1936, ch. 639, 49 Stat. 1561; Aug. 21, 1937, ch. 728, Sec.
    1, 2, 50 Stat. 739, 740; Mar. 6, 1942, ch. 153, Sec. 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.
 
-CITE-
    28 USC Sec. 91                                               01/26/98
 
-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.
 
-CROSS-
                    FEDERAL RULES OF CRIMINAL PROCEDURE
      Application of rules, see note by Advisory Committee under rule
    54, Title 18, Appendix, Crimes and Criminal Procedure.
 
-CITE-
    28 USC Sec. 92                                               01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 93                                               01/26/98
 
-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.
        (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.)
 
-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
      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.''
 
-CITE-
    28 USC Sec. 94                                               01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 95                                               01/26/98
 
-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. 877; 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., Sec. 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.''
 
-CITE-
    28 USC Sec. 96                                               01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 97                                               01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 98                                               01/26/98
 
-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.''
 
-CITE-
    28 USC Sec. 99                                               01/26/98
 
-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, Sec. 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.
 
-CITE-
    28 USC Sec. 100                                              01/26/98
 
-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.''
 
-CITE-
    28 USC Sec. 101                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 102                                              01/26/98
 
-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 of counties of Alger,
            Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton,
            Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee,
            Ontonagon, and Schoolcraft.
        Court for the Northern Division shall be held at Marquette and
            Sault Sainte Marie.
 
-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.
 
-CITE-
    28 USC Sec. 103                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 104                                              01/26/98
 
-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: Provided, That court shall be held at Natchez if
            suitable quarters and accommodations are furnished at no
            cost to the United States.
        (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, Sec. 2, 3, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 95-408,
    Sec. 2(b), Oct. 2, 1978, 92 Stat. 883.)
 
-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
      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.
 
-CITE-
    28 USC Sec. 105                                              01/26/98
 
-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.''
 
-CITE-
    28 USC Sec. 106                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 107                                              01/26/98
 
-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.''
 
-CITE-
    28 USC Sec. 108                                              01/26/98
 
-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''.
 
-CITE-
    28 USC Sec. 109                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 110                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 111                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 112                                              01/26/98
 
-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, and Hempstead (including the village of
            Uniondale).
                              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.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 28, U.S.C., 1940 ed., Sec. 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
      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), 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.''
 
-CITE-
    28 USC Sec. 113                                              01/26/98
 
-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, Sec.
    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.''
 
-CITE-
    28 USC Sec. 114                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 115                                              01/26/98
 
-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 and
            Steubenville.
 
-SOURCE-
    (June 25, 1948, ch. 646, 62 Stat. 887; Feb. 10, 1954, ch. 6, Sec.
    2(b)(9), 68 Stat. 11.)
 
-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
      1954 - Subsec. (a)(1). Act Feb. 10, 1954, provided for holding
    court at Akron.
 
-CITE-
    28 USC Sec. 116                                              01/26/98
 
-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., Sec. 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).''
 
-CITE-
    28 USC Sec. 117                                              01/26/98
 
-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, 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.)
 
-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
      1970 - Pub. L. 91-272 provided for holding court at Coquille.
      1950 - Act Aug. 3, 1950, provided for holding court at Eugene.
 
-CITE-
    28 USC Sec. 118                                              01/26/98
 
-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,
    Philadelphia, and Schuylkill.
        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, 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.)
 
-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
      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.
 
-CITE-
    28 USC Sec. 119                                              01/26/98
 
-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, Sec.
    34, 35, 31 Stat. 84, 85; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 2,
    1917, ch. 145, Sec. 41, 42, 39 Stat. 965, 966; Mar. 4, 1921, ch.
    161, Sec. 1, 41 Stat. 1412; Feb. 13, 1925, ch. 229, Sec. 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.
 
-CITE-
    28 USC Sec. 120                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 121                                              01/26/98
 
-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, Sec. 1-3, 44
    Stat. 773; June 20, 1936, ch. 637, Sec. 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.
 
-CITE-
    28 USC Sec. 122                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 123                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 124                                              01/26/98
 
-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, Sec. 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, Sec. 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, Sec. 1, 2, 42 Stat. 1373; Apr. 3, 1924, ch. 82, 43
    Stat. 64; May 29, 1924, ch. 211, Sec. 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.
 
-CITE-
    28 USC Sec. 125                                              01/26/98
 
-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''.
 
-CITE-
    28 USC Sec. 126                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 127                                              01/26/98
 
-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., Sec. 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.''
 
-CITE-
    28 USC Sec. 128                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 129                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 130                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 131                                              01/26/98
 
-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, Sec. 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.
 
-CITE-
    28 USC Sec. 132                                              01/26/98
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Guam and Virgin Islands district courts, see sections 1424, 1424b
    and 1611 et seq. of Title 48, Territories and Insular Possessions.
      Assignment of district judges to other districts or courts, see
    section 292 et seq. of this title.
      Authority to create courts inferior to Supreme Court, see Const.,
    Art. 3, Sec. 1.
      Jurisdiction and venue of district courts, see sections 1331 et
    seq. and 1391 et seq. of this title.
      Three-judge courts, composition and procedure, see section 2284
    of this title.
 
-CITE-
    28 USC Sec. 133                                              01/26/98
 
-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                            8
    Arkansas:
    Eastern                            5
    Western                            3
    California:
    Northern                           14
    Eastern                            6
    Central                            27
    Southern                           8
    Colorado                           7
    Connecticut                        8
    Delaware                           4
    District of Columbia               15
    Florida:
    Northern                           4
    Middle                             11
    Southern                           16
    Georgia:
    Northern                           11
    Middle                             4
    Southern                           3
    Hawaii                             3
    Idaho                              2
    Illinois:
    Northern                           22
    Central                            3
    Southern                           3
    Indiana:
    Northern                           5
    Southern                           5
    Iowa:
    Northern                           2
    Southern                           3
    Kansas                             5
    Kentucky:
    Eastern                            4
    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                             4
    New Hampshire                      3
    New Jersey                         17
    New Mexico                         5
    New York:
    Northern                           4
    Southern                           28
    Eastern                            15
    Western                            4
    North Carolina:
    Eastern                            4
    Middle                             4
    Western                            3
    North Dakota                       2
    Ohio:
    Northern                           11
    Southern                           8
    Oklahoma:
    Northern                           3
    Eastern                            1
    Western                            6
    Northern, Eastern, and Western     1
    Oregon                             6
    Pennsylvania:
    Eastern                            22
    Middle                             6
    Western                            10
    Puerto Rico                        7
    Rhode Island                       3
    South Carolina                     9
    South Dakota                       3
    Tennessee:
    Eastern                            5
    Middle                             4
    Western                            5
    Texas:
    Northern                           12
    Southern                           18
    Eastern                            7
    Western                            10
    Utah                               5
    Vermont                            2
    Virginia:
    Eastern                            9
    Western                            4
    Washington:
    Eastern                            4
    Western                            7
    West Virginia:
    Northern                           3
    Southern                           5
    Wisconsin:
    Eastern                            4
    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.)
 
-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, Sec. 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, Sec. 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, Sec. 1, 13, 43 Stat. 936, 942; Feb. 16, 1925, ch. 233, Sec. 2,
    3, 43 Stat. 946; Mar. 2, 1925, ch. 397, Sec. 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, Sec.
    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, Sec. 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,
    Sec. 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, Sec. 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  1
     Western
    West Virginia, Northern and        1
     Southern
                     -------------------------------
      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.
 
-MISC3-
                                 AMENDMENTS
      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,     2                      1
     and Western
    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,     2                      2
     and Western
    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,     2                      2
     and Western
    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:         1                      2
     Southern
    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    0                      1
     Southern
    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,      1                      0
     and Southern
    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,     1                      2
     and Western
    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 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
      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, 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 and the
    eastern district of Pennsylvania, the first vacancy in the office
    of district judge in each of the judicial districts named in this
    subsection, occurring 10 years or more after the confirmation date
    of the judge named to fill the temporary judgeship created by this
    subsection, shall not be filled.  The first vacancy in the office
    of district judge in the western district of Michigan, occurring
    after December 1, 1995, shall not be filled.  The first vacancy in
    the office of district judge in the eastern district of
    Pennsylvania, occurring 5 years or more after the confirmation date
    of the judge named to fill the temporary judgeship created for such
    district under this subsection, shall not be filled.  For districts
    named in this subsection for which multiple judgeships are created
    by this Act, the last of those judgeships filled shall be the
    judgeships created under this section.''
      Section 202(a)-(d) of 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.
 
-CROSS-
                              CROSS REFERENCES
      Assignment of district judges to other districts or courts, see
    section 292 et seq. of this title.
      Guam and Virgin Islands, appointment and number of district
    judges, see sections 1424b and 1614 of Title 48, Territories and
    Insular Possessions.
      Judges to hold office during good behavior, see Const., Art. 3,
    Sec. 1 and section 134 of this title.
      Oath of judge, see section 453 of this title.
 
-CITE-
    28 USC Sec. 134                                              01/26/98
 
-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).''
 
-CROSS-
                              CROSS REFERENCES
      Guam district judges, tenure and residence, see section 1424b of
    Title 48, Territories and Insular Possessions.
      Judges to hold office during good behavior, see Const., Art. 3,
    Sec. 1.
      Official station of district judges, see section 456 of this
    title.
      Virgin Islands district judge, tenure, see section 1614 of Title
    48, Territories and Insular Possessions.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 992 of this title.
 
-CITE-
    28 USC Sec. 135                                              01/26/98
 
-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
      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, set out as a note under section 5332 of Title 5, Government
    Organization and Employees.
      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.
 
-CROSS-
                              CROSS REFERENCES
      Compensation not to be diminished during continuance in office,
    see Const. Art. 3, Sec. 1.
      Guam district judge, salary, see section 1424b of Title 48,
    Territories and Insular Possessions.
      Retirement of judges, see section 371 et seq. of this title.
      Virgin Islands district judge, salary, see section 1614 of Title
    48, Territories and Insular Possessions.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 153, 634 of this title;
    title 26 section 7443.
 
-CITE-
    28 USC Sec. 136                                              01/26/98
 
-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, Sec.
    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.
 
-CITE-
    28 USC Sec. 137                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 138                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 139                                              01/26/98
 
-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.
 
-CROSS-
                      FEDERAL RULES OF CIVIL PROCEDURE
      District courts always open, see rule 77, Appendix to this title.
                              CROSS REFERENCES
      Virgin Islands district courts, times for holding sessions, see
    section 1615 of Title 48, Territories and Insular Possessions.
      Courts always open, see section 452 of this title.
 
-CITE-
    28 USC Sec. 140                                              01/26/98
 
-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., Sec. 16, 146, 182 (Mar. 3,
    1911, ch. 231, Sec. 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''.
 
-CITE-
    28 USC Sec. 141                                              01/26/98
 
-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.
 
-CROSS-
                              CROSS REFERENCES
      Virgin Islands district courts, times for holding sessions, see
    section 1615 of Title 48, Territories and Insular Possessions.
 
-CITE-
    28 USC Sec. 142                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 143                                              01/26/98
 
-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.
 
-CITE-
    28 USC Sec. 144                                              01/26/98
 
-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.


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