28 U.S.C. § 90 — Georgia

Page 31 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 90 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 dis- trict only, see section 2(b) of Pub. L. 89–372, set out as a note under section 133 of this title. § 90. Georgia Georgia is divided into three judicial districts to be known as the Northern, Middle, and South- ern Districts of Georgia. Northern District (a) The Northern District comprises four divi- sions. (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 coun- ties of Cherokee, Clayton, Cobb, De Kalb, Douglas, Fulton, Gwinnett, Henry, New- ton, and Rockdale. Court for the Atlanta Division shall be held at Atlanta. (3) The Rome Division comprises the coun- ties 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 coun- ties 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 divi- sions. (1) The Athens Division comprises the coun- ties 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 coun- ties 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, Web- ster, and Wilcox. Court for the Americus Division shall be held at Americus. (5) The Albany Division comprises the coun- ties 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 divi- sions. (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 coun- ties of Dodge, Johnson, Laurens, Mont- gomery, 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. (June 25, 1948, ch. 646, 62 Stat. 876; Aug. 16, 1949, ch. 444, 63 Stat. 610; Oct. 31, 1951, ch. 655, § 36a, 65 Stat. 723; Pub. L. 98–620, title IV, § 408(a)–(c), Nov. 8, 1984, 98 Stat. 3362; Pub. L. 99–657, § 3, Nov. 14, 1986, 100 Stat. 3670.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 150 (Mar. 3, 1911, ch. 231, § 77, 36 Stat. 1108; May 28, 1926, ch. 414, §§ 1, 2, 44 Stat. 670; Aug. 22, 1935, ch. 603, §§ 1–3, 49 Stat. 680, 681; June 20, 1936, ch. 639, 49 Stat. 1561; Aug. 21, 1937, ch. 728, §§ 1, 2, 50 Stat. 739, 740; Mar. 6, 1942, ch. 153, §§ 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. Page 32 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 91 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. Editorial Notes AMENDMENTS 1986—Subsec. (c)(1). Pub. L. 99–657, § 3(1), substituted ‘‘Jefferson, Lincoln’’ for ‘‘Lincoln’’. Subsec. (c)(3). Pub. L. 99–657, § 3(2), substituted ‘‘and Liberty’’ for ‘‘Evans, Liberty, Screven, and Tattnall’’. Subsec. (c)(6). Pub. L. 99–657, § 3(3), substituted ‘‘Evans, Jenkins, Screven, Tattnall’’ for ‘‘Jefferson, Jenkins’’. 1984—Subsec. (a)(1). Pub. L. 98–620, § 408(a), added Fannin, Gilmer, and Pickens to the counties com- prising the Gainesville Division of the Northern Dis- trict. Subsec. (a)(2). Pub. L. 98–620, § 408(b), struck out Fannin, Gilmer, and Pickens from the counties com- prising the Atlanta Division of the Northern District. Subsec. (c)(6). Pub. L. 98–620, § 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. Statutory Notes and Related Subsidiaries 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 Pub. L. 98–620, title IV, § 408(d), Nov. 8, 1984, 98 Stat. 3362, provided that: ‘‘The amendments made by this section [amending this section] shall apply to any ac- tion commenced in the United States District Court for the Northern District of Georgia on or after the effec- tive date of this subtitle [Jan. 1, 1985], and shall not af- fect 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 serv- ice, 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. § 91. Hawaii Hawaii constitutes one judicial district which includes the Midway Islands, Wake Island, John- ston Island, Sand Island, Kingman Reef, Pal- myra Island, Baker Island, Howland Island, Jar- vis 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. (June 25, 1948, ch. 646, 62 Stat. 877; May 24, 1949, ch. 139, § 64a, 63 Stat. 99; Pub. L. 86–3, § 14(i), Mar. 18, 1959, 73 Stat. 11; Pub. L. 86–624, § 19, July 12, 1960, 74 Stat. 416.) 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, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; July 9, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, § 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 sec- tions 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 of- fenses, were omitted as covered by the general jurisdic- tional 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. Editorial Notes 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1959 AMENDMENT Pub. L. 86–3, § 14, Mar. 18, 1959, 73 Stat. 10, 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. COURT OF THE UNITED STATES; DISTRICT JUDGES Pub. L. 86–3, § 9(a), Mar. 18, 1959, 73 Stat. 8, 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 ar- ticle 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 of- fice shall terminate upon the effective date of this sec- tion 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 admis- sion of the State of Hawaii into the Union. CONTINUATION OF SUITS Pub. L. 86–3, § 12, Mar. 18, 1959, 73 Stat. 9, provided that: ‘‘No writ, action, indictment, cause, or proceeding