28 U.S.C. § 98 — Louisiana

Page 37 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 98 HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 157 (Mar. 3, 1911, ch. 231, § 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 rec- ommendation of the Attorney General, court accom- modations 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. Editorial Notes 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. Statutory Notes and Related Subsidiaries 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. § 97. Kentucky Kentucky is divided into two judicial districts to be known as the Eastern and Western Dis- tricts of Kentucky. Eastern District (a) The Eastern District comprises the coun- ties of Anderson, Bath, Bell, Boone, Bourbon, Boyd, Boyle, Bracken, Breathitt, Campbell, Car- roll, Carter, Clark, Clay, Elliott, Estill, Fayette, Fleming, Floyd, Franklin, Gallatin, Garrard, Grant, Greenup, Harlan, Harrison, Henry, Jack- son, 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 coun- ties of Adair, Allen, Ballard, Barren, Breckenridge, Bullitt, Butler, Caldwell, Calloway, Carlisle, Casey, Christian, Clinton, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hancock, Har- din, Hart, Henderson, Hickman, Hopkins, Jeffer- son, 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. (June 25, 1948, ch. 646, 62 Stat. 880; Pub. L. 95–408, § 2(a), Oct. 2, 1978, 92 Stat. 883.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 158 (Mar. 3, 1911, ch. 231, § 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 Whit- ley since the latest amendment of the Judicial Code. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–408 provided for holding court at Ashland. Statutory Notes and Related Subsidiaries 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. § 98. Louisiana Louisiana is divided into three judicial dis- tricts to be known as the Eastern, Middle, and Western Districts of Louisiana. Eastern District (a) The Eastern District comprises the par- ishes of Assumption, Jefferson, Lafourche, Orle- ans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Wash- ington. 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 Hel- ena, West Baton Rouge, and West Feliciana. Court for the Middle District shall be held at Baton Rouge. Page 38 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 99 Western District (c) The Western District comprises the par- ishes of Acadia, Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Concordia, Jef- ferson 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. (June 25, 1948, ch. 646, 62 Stat. 881; Pub. L. 87–36, § 4, May 19, 1961, 75 Stat. 83; Pub. L. 92–208, § 3(a), Dec. 18, 1971, 85 Stat. 741; Pub. L. 95–408, § 3(a), Oct. 2, 1978, 92 Stat. 883; Pub. L. 98–353, title II, § 203(b), July 10, 1984, 98 Stat. 350.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 159 (Mar. 3, 1911, ch. 231, § 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 Dis- trict were formed out of part of Calcasieu Parish since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. Editorial Notes 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 West- ern District into six divisions. 1971—Pub. L. 92–208 created a Middle District con- sisting of the nine parishes formerly making up Baton Rouge Division of Eastern District and designated as the entire Eastern District the thirteen parishes for- merly making up New Orleans Division of Eastern Dis- trict. 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. Statutory Notes and Related Subsidiaries 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 Pub. L. 92–208, § 3(f), Dec. 18, 1971, 85 Stat. 742, pro- vided that: ‘‘The provisions of this section [amending this section and sections 133 and 134 of this title and en- acting provisions set out below] shall become effective one hundred and twenty days after the date of enact- ment of this Act [Dec. 18, 1971].’’ DISTRICT JUDGE, UNITED STATES ATTORNEY, AND UNITED STATES MARSHAL FOR MIDDLE DISTRICT; DESIGNATION; TENURE; APPOINTMENT Pub. L. 92–208, § 3(b), (c), Dec. 18, 1971, 85 Stat. 742, 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 sta- tion 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 imme- diately 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 af- fect 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 ad- vice and consent of the Senate, a United States attor- ney and marshal for the Middle District of Louisiana.’’ § 99. Maine Maine constitutes one judicial district. Court shall be held at Bangor and Portland. (June 25, 1948, ch. 646, 62 Stat. 881; Pub. L. 95–573, § 2, Nov. 2, 1978, 92 Stat. 2458.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 160 (Mar. 3, 1911, ch. 231, § 85, 36 Stat. 1114; Dec. 22, 1911, ch. 7, 37 Stat. 51; Sept. 8, 1916, ch. 475, §§ 1, 3, 39 Stat. 850; Mar. 4, 1923, ch. 279, 42 Stat. 1506). Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 1978—Pub. L. 95–573 struck out provision for two sepa- rate 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. Statutory Notes and Related Subsidiaries 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. § 100. Maryland Maryland constitutes one judicial district comprising two divisions. (1) The Northern Division comprises the counties of Allegany, Anne Arundel, Bal- timore, Caroline, Carroll, Cecil, Dor- chester, 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, Mont- gomery, Prince George’s, and St. Mary’s.