28 U.S.C. § 334 — Institutes and joint councils on sentencing

Page 118 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 334 United States District Court for the District of the Canal Zone,’’ after ‘‘The judges of’’, and substituted ‘‘the District Court of the Virgin Islands, and the Dis- trict Court of the Northern Mariana Islands shall also be summoned biennially, and may be summoned annu- ally,’’ for ‘‘and the District Court of the Virgin Islands shall also be summoned annually’’. 1978—Pub. L. 95–598 inserted reference to bankruptcy judges. 1958—Pub. L. 85–508 struck out provisions which re- quired judge of District Court for Territory of Alaska to be summoned annually to the conference of his cir- cuit. See section 81A of this title which establishes a United States District Court for the State of Alaska. 1951—Act Oct. 31, 1951, inserted reference to judge of District Court of Guam in first par. 1950—Act Dec., 29, 1950, provided for the presence of judges of District Courts of Alaska, Canal Zone, and the Virgin Islands at annual conferences within their respective circuits. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. 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. c16, 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. TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi- tion period’’, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Para- graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. § 334. Institutes and joint councils on sentencing (a) In the interest of uniformity in sentencing procedures, there is hereby authorized to be es- tablished under the auspices of the Judicial Con- ference of the United States, institutes and joint councils on sentencing. The Attorney General and/or the chief judge of each circuit may at any time request, through the Director of the Ad- ministrative Office of the United States Courts, the Judicial Conference to convene such insti- tutes and joint councils for the purpose of study- ing, discussing, and formulating the objectives, policies, standards, and criteria for sentencing those convicted of crimes and offenses in the courts of the United States. The agenda of the institutes and joint councils may include but shall not be limited to: (1) The development of standards for the content and utilization of presentence reports; (2) the establishment of fac- tors to be used in selecting cases for special study and observation in prescribed diagnostic clinics; (3) the determination of the importance of psychiatric, emotional, sociological and phys- iological factors involved in crime and their bearing upon sentences; (4) the discussion of spe- cial sentencing problems in unusual cases such as treason, violation of public trust, subversion, or involving abnormal sex behavior, addiction to drugs or alcohol, and mental or physical handi- caps; (5) the formulation of sentencing prin- ciples and criteria which will assist in pro- moting the equitable administration of the criminal laws of the United States. (b) After the Judicial Conference has approved the time, place, participants, agenda, and other arrangements for such institutes and joint coun- cils, the chief judge of each circuit is authorized to invite the attendance of district judges under conditions which he thinks proper and which will not unduly delay the work of the courts. (c) The Attorney General is authorized to se- lect and direct the attendance at such institutes and meetings of United States attorneys and other officials of the Department of Justice and may invite the participation of other interested Federal officers. He may also invite specialists in sentencing methods, criminologists, psychia- trists, penologists, and others to participate in the proceedings. (d) The expenses of attendance of judges shall be paid from applicable appropriations for the judiciary of the United States. The expenses connected with the preparation of the plans and agenda for the conference and for the travel and other expenses incident to the attendance of of- ficials and other participants invited by the At- torney General shall be paid from applicable ap- propriations of the Department of Justice. (Added Pub. L. 85–752, § 1, Aug. 25, 1958, 72 Stat. 845.) Statutory Notes and Related Subsidiaries SENTENCING PROCEDURES Pub. L. 85–752, § 7, Aug. 25, 1958, 72 Stat. 847, provided that: ‘‘This Act [enacting this section, sections 4208 and 4209 of Title 18, Crimes and Criminal Procedure, and provisions set out as a note under section 4208 of Title 18] does not apply to any offense for which there is pro- vided a mandatory penalty.’’ § 335. Judicial Conference of the Court of Inter- national Trade (a) The chief judge of the Court of Inter- national Trade is authorized to summon annu- ally the judges of such court to a judicial con- ference, at a time and place that such chief judge designates, for the purpose of considering the business of such court and improvements in the administration of justice in such court. (b) The Court of International Trade shall pro- vide by its rules for representation and active participation at such conference by members of the bar. (Added Pub. L. 99–466, § 2(a), Oct. 14, 1986, 100 Stat. 1190.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after Oct. 14, 1986, see sec- tion 4 of Pub. L. 99–466, set out as an Effective Date of 1986 Amendment note under section 331 of this title. CHAPTER 16—COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE Sec. 351. Complaints; judge defined.