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28 U.S.C. § 134 — Tenure and residence of district judges

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 134 — Tenure and residence of district judges

**(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.

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Stable record: federal_law:legal_authorities:record_usc_f64178f34e97e56acdeb36ee
Source file: Laws/federal/codes/united-states-code/title-28/section-134-tenure-and-residence-of-district-judges--26505d7a7a.md
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Source location: Title 28, Chapter 5, § 134; chapter-005-district-courts.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 98 — Louisiana

Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 44 — Appointment, tenure, residence and salary of circuit judges

**(a)** The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows: CircuitsNumber ofJudges District of Columbia11 First6 Second13 Third14 Fourth15 Fifth17 Sixth16 Seventh11 Eighth11 Ninth29 Tenth12 Eleventh12 Federal12. **(b)** Circuit judges shall hold office during good behavior. **(c)** Except in the District of Columbia, each circuit judge shall be a resident of the circuit for which appointed at the time of his appointment and thereafter while in active service. While in active service, each circuit judge of the Federal judicial circuit appointed after the effective date of the Federal Courts Improvement Act of 1982, and the chief judge of the Federal judicial circuit, whenever appointed, shall reside within fifty miles of the District of Columbia. In each circuit (other than the Federal judicial circuit) there shall be at least one circuit judge in regular active service appointed from the residents of each state 11 So in original. Probably should be capitalized. in that circuit. **(d)** Each circuit judge 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section351–361&num=0&edition=prelim)), as adjusted by [section 461 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section461&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1 — Number of justices; quorum

The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 133 — Appointment and number of district judges

**(a)** The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows: DistrictsJudges Alabama: Northern8 Middle3 Southern3 Alaska3 Arizona13 Arkansas: Eastern5 Western3 California: Northern14 Eastern6 Central28 Southern13 Colorado7 Connecticut8 Delaware4 District of Columbia15 Florida: Northern4 Middle15 Southern18 Georgia: Northern11 Middle4 Southern3 Hawaii4 Idaho2 Illinois: Northern22 Central4 Southern4 Indiana: Northern5 Southern5 Iowa: Northern2 Southern3 Kansas6 Kentucky: Eastern5 Western4 Eastern and Western1 Louisiana: Eastern12 Middle3 Western7 Maine3 Maryland10 Massachusetts13 Michigan: Eastern15 Western4 Minnesota7 Mississippi: Northern3 Southern6 Missouri: Eastern7 Western5 Eastern and Western2 Montana3 Nebraska3 Nevada7 New Hampshire3 New Jersey17 New Mexico7 New York: Northern5 Southern28 Eastern15 Western4 North Carolina: Eastern4 Middle4 Western5 North Dakota2 Ohio: Northern11 Southern8 Oklahoma: Northern3 Eastern1 Western6 Northern, Eastern, and Western1 Oregon6 Pennsylvania: Eastern22 Middle6 Western10 Puerto Rico7 Rhode Island3 South Carolina10 South Dakota3 Tennessee: Eastern5 Middle4 Western5 Texas: Northern12 Southern19 Eastern8 Western13 Utah5 Vermont2 Virginia: Eastern11 Western4 Washington: Eastern4 Western7 West Virginia: Northern3 Southern5 Wisconsin: Eastern5 Western2 Wyoming3. **(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 an

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 863 — Repealed. Pub. L. 91–272, § 13, June 2, 1970, 84 Stat. 298

### Statutory Notes Section, acts Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965; Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; Mar. 4, 1923, ch. 295, 42 Stat. 1560; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; May 17, 1932, ch. 190, 47 Stat. 158; Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118; July 31, 1946, ch. 704, 60 Stat. 716; June 25, 1948, ch. 646, § 20, 62 Stat. 989, set out jurisdiction of United States District Court for District of Puerto Rico and provided for salaries of judge and officials of the court and for filling of vacancies. Section 34 of act Apr. 12, 1900, ch. 191, 31 Stat. 84, formerly cited as a credit to this section, was not repealed by act June 2, 1970. #### Savings Provision Pub. L. 91–272, § 13, June 2, 1970, 84 Stat. 298, as amended by Pub. L. 91–450, Oct. 14, 1970, 84 Stat. 922, provided in part that nothing in the repeal of Act Mar. 2, 1917, as amended, by said section 13 would impair the jurisdiction of the United States District Court for the District of Puerto Rico to hear and determine any action or matter begun in the court on or before June 2, 1970.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 119 — Puerto Rico

Puerto Rico constitutes one judicial district.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 373 — Judges in territories and possessions

**(a)** Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who retires from office after attaining the age and meeting the service requirements whether continuous or otherwise, of subsection (b) shall, during the remainder of his lifetime, receive an annuity equal to the salary he is receiving at the time he retires. **(b)** The age and service requirements for retirement under subsection (a) of this section are as follows: Attained age:Years of service: 6515 6614 6713 6812 6911 7010 **(c)** (1) Any judge or former judge who is receiving an annuity pursuant to this section may elect to become a senior judge of the court upon which he served before retiring. (2) The chief judge of a judicial circuit may recall any such senior judge, with the judge’s consent, to perform, for the court from which he retired, such judicial duties for such periods of time as the chief judge may specify. (3) Any act or failure to act by a senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall have the same force and effect as if it were an act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge of the court on which he is serving as a recalled annuitant for purposes of the number of judgeships authorized for that court. (4) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall be paid, while performing such duties, the same compensation (in lieu of the annuity payable under subsection (a) of this section) and the same allowances for travel and other expenses as a judge on active duty with the court being served. (5) Any senior judge performing judicial d

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 81 — Alabama

Alabama is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Alabama.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 134 — Tenure and residence of district judges

Page 70 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 134 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, § 2(d), 63 Stat. 495, which authorized the appointment of an additional judge for the Southern district, was repealed by act Feb. 10, 1954, ch. 6, § 2(b)(11), 68 Stat. 11, which by sec- tion 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 hence- forth hold his office under this section, as amended by act Feb. 10, 1954, § 2(a)(3). Utah.—Act Feb. 10, 1954, ch. 6, § 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 cre- ated by act Feb. 10, 1954, should hence forth hold his of- fice under this section, as amended by Pub. L. 87–36, § 2(d). Virgin Islands.—Pub. L. 91–272, § 3(a), June 2, 1970, 84 Stat. 296, 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 Is- lands, 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.—Pub. L. 95–486, § 1(b), Oct. 20, 1978, 92 Stat. 1630, provided that: ‘‘The existing district judge- ship for the eastern and western districts of Wash- ington, heretofore provided for by section 133 of title 28 of the United States Code, shall hereaft

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