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28 U.S.C. § 49 — Assignment of judges to division to appoint independent counsels
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.
**(b)** Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.
**(c)** In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices.
**(d)** The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court.
**(e)** Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.
**(f)** Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter whic
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Source file: Laws/federal/codes/united-states-code/title-28/section-49-assignment-of-judges-to-division-to-appoint-independent-counsels--c010ce05af.md
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Source location: Title 28, Chapter 3, § 49; chapter-003-courts-of-appeals.md
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**(a)** Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.
**(b)** Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.
**(c)** In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices.
**(d)** The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court.
**(e)** Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.
**(f)** Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsel’s official duties, regardless of whether such independent counsel is still serving in that office.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451):
(1) The judicial districts established for the States of Maine, Massachusetts, New Hampshire, and Rhode Island.
(2) The judicial districts established for the States of Connecticut, New York, and Vermont.
(3) The judicial districts established for the States of Delaware, New Jersey, and Pennsylvania.
(4) The judicial districts established for the States of Maryland, North Carolina, South Carolina, Virginia, and West Virginia and for the District of Columbia.
(5) The judicial districts established for the States of Louisiana and Mississippi.
(6) The Northern District of Texas and the Eastern District of Texas.
(7) The Southern District of Texas and the Western District of Texas.
(8) The judicial districts established for the States of Kentucky and Tennessee.
(9) The judicial districts established for the States of Michigan and Ohio.
(10) The Central District of Illinois and the Southern District of Illinois; and the judicial districts established for the State of Indiana.
(11) The Northern District of Illinois; and the judicial districts established for the State of Wisconsin.
(12) The judicial districts established for the States of Minnesota, Iowa, North Dakota, and South Dakota.
(13) The judicial districts established for the States of Arkansas, Nebraska, and Missouri.
(14) The District of Arizona.
(15) The Southern District of California; and the judicial districts established for the State of Hawaii, and for Guam and the Commonwealth of the Northern Mariana Islands.
(16) The Central District of California.
(17) The Eastern District of California and the Northern District of Cal
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preliminary Investigation With Respect to Certain Covered Persons.—** The Attorney General shall conduct a preliminary investigation in accordance with section 592 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in subsection (b) may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.
**(b) Persons to Whom Subsection (a) Applies.—** The persons referred to in subsection (a) are—
(1) the President and Vice President;
(2) any individual serving in a position listed in [section 5312 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5312&num=0&edition=prelim);
(3) any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim);
(4) any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under [section 5314 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5314&num=0&edition=prelim);
(5) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue;
(6) the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of that committee exercising authority at the national level, during the incumbency of the President; and
(7) any individual who held an office or position described i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reference to Division of the Court.—** The division of the court to which this chapter refers is the division established under [section 49 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section49&num=0&edition=prelim).
**(b) Appointment and Jurisdiction of Independent Counsel.—**
(1) **Authority.—** — Upon receipt of an application under section 592(c), the division of the court shall appoint an appropriate independent counsel and shall define that independent counsel’s prosecutorial jurisdiction.
(2) **Qualifications of independent counsel.—** — The division of the court shall appoint as independent counsel an individual who has appropriate experience and who will conduct the investigation and any prosecution in a prompt, responsible, and cost-effective manner. The division of the court shall seek to appoint as independent counsel an individual who will serve to the extent necessary to complete the investigation and any prosecution without undue delay. The division of the court may not appoint as an independent counsel any person who holds any office of profit or trust under the United States.
(3) **Scope of prosecutorial jurisdiction.—** — In defining the independent counsel’s prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute the subject matter with respect to which the Attorney General has requested the appointment of the independent counsel, and all matters related to that subject matter. Such jurisdiction shall also include the authority to investigate and prosecute Federal crimes, other than those classified as Class B or C misdemeanors or infractions, that may arise out of the investigation or prosecution of the m
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Oversight of Conduct of Independent Counsel.—**
(1) **Congressional oversight.—** — The appropriate committees of the Congress shall have oversight jurisdiction with respect to the official conduct of any independent counsel appointed under this chapter, and such independent counsel shall have the duty to cooperate with the exercise of such oversight jurisdiction.
(2) **Reports to congress.—** — An independent counsel appointed under this chapter shall submit to the Congress annually a report on the activities of the independent counsel, including a description of the progress of any investigation or prosecution conducted by the independent counsel. Such report may omit any matter that in the judgment of the independent counsel should be kept confidential, but shall provide information adequate to justify the expenditures that the office of the independent counsel has made.
**(b) Oversight of Conduct of Attorney General.—** Within 15 days after receiving an inquiry about a particular case under this chapter, which is a matter of public knowledge, from a committee of the Congress with jurisdiction over this chapter, the Attorney General shall provide the following information to that committee with respect to that case:
(1) When the information about the case was received.
(2) Whether a preliminary investigation is being conducted, and if so, the date it began.
(3) Whether an application for the appointment of an independent counsel or a notification that further investigation is not warranted has been filed with the division of the court, and if so, the date of such filing.
**(c) Information Relating to Impeachment.—** An independent counsel shall advise the House of Representatives of any substantial and credible information which such independent counsel
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Federal law — U.S. Code and appendices · legal_authorities
Page 21
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 49
permit the holding of terms at San Juan when the pub-
lic interest requires.
The phrase ‘‘and at such other places within the re-
spective circuits as may be designated by rule of court’’
was added to enable each court of appeals to hold such
additional regular terms as changing circumstances
might require.
The provisions of such section 223, for furnishing suit-
able rooms and accommodation at Oakland City, were
omitted as obsolete since the erection of a new Federal
building there.
The provisions as to fixed times for holding court in
the Fifth Circuit was omitted as inconsistent with the
practice in the other circuits. Words ‘‘San Francisco,
Los Angeles, Portland, Seattle’’ were substituted for
‘‘San Francisco and two other places designated by the
court’’ to conform with the practice in the Ninth Cir-
cuit.
Changes were made in phraseology.
SENATE REVISION AMENDMENT
By Senate amendment, Jacksonville (Fla.) was added
as a place for holding a regular session of the Court of
Appeals for the Fifth Circuit. See 80th Congress Senate
Report No. 1559.
Editorial Notes
AMENDMENTS
2005—Subsecs. (e), (f). Pub. L. 109–63 added subsecs. (e)
and (f).
1992—Subsec. (c). Pub. L. 102–572 struck out ‘‘, with
the consent of the Judicial Conference of the United
States,’’ after ‘‘pretermit’’.
1982—Subsec. (a). Pub. L. 97–164, § 104(a), (b), des-
ignated introductory provisions and table of circuits as
subsec. (a) and substituted provisions directing the
courts of appeals to hold regular sessions at the places
listed in the table and at such other places within the
circuits as each court might designate by rule, for pro-
visions which directed that terms or sessions of courts
of appeals be held annually
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