28 U.S.C. § 5 — Salaries of justices

Page 10 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2 title] may be cited as ‘The Customs Courts Act of 1970’.’’ SHORT TITLE OF 1966 AMENDMENT Pub. L. 89–504, title II, § 201, July 18, 1966, 80 Stat. 293, provided that: ‘‘This title [enacting provisions set out as notes under sections 603, 604, and 753 of this title] may be cited as the ‘Federal Judicial Salary Act of 1966’.’’ SHORT TITLE OF 1964 AMENDMENT Pub. L. 88–426, title IV, § 401, Aug. 14, 1964, 78 Stat. 433, provided that: ‘‘This title [amending sections 5, 44, 135, 173, 213, 252, 603, and 792 of this title, section 867 of Title 10, Armed Forces, section 68 of former Title 11, Bank- ruptcy, and section 7443 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 603, 604 and 753 of this title] may be cited as the ‘Federal Judicial Salary Act of 1964’.’’ GIFTS TO THE UNITED STATES SUPREME COURT Pub. L. 108–356, § 3, Oct. 21, 2004, 118 Stat. 1416, pro- vided that: ‘‘The Chief Justice or his designee is au- thorized to accept, hold, administer, and utilize gifts and bequests of personal property pertaining to the his- tory of the United States Supreme Court or its justices, but gifts or bequests of money shall be covered into the Treasury.’’ § 2. Terms of court The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary. (June 25, 1948, ch. 646, 62 Stat. 869.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 338 (Mar. 3, 1911, ch. 231, § 230, 36 Stat. 1156; Sept. 6, 1916, ch. 448, § 1, 39 Stat. 726). Minor changes in phraseology were made. § 3. Vacancy in office of Chief Justice; disability Whenever the Chief Justice is unable to per- form the duties of his office or the office is va- cant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified. (June 25, 1948, ch. 646, 62 Stat. 869.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 323 (Mar. 3, 1911, ch. 231, § 217, 36 Stat. 1152). The sentence, ‘‘This provision shall apply to every Associate Justice who succeeds to the office of Chief Justice’’, was omitted as covered by last portion of re- vised section. Minor changes were made in phraseology. For seniority of commissions, see section 4 of this title. § 4. Precedence of associate justices Associate justices shall have precedence ac- cording to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age. (June 25, 1948, ch. 646, 62 Stat. 869.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 322 (Mar. 3, 1911, ch. 231, § 216, 36 Stat. 1152). Minor changes in phraseology were made. § 5. Salaries of justices The Chief Justice and each associate justice shall each receive a salary at annual rates deter- mined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by sec- tion 461 of this title. (June 25, 1948, ch. 646, 62 Stat. 870; Mar. 2, 1955, ch. 9, § 1(a), 69 Stat. 9; Pub. L. 88–426, title IV, § 403(a), Aug. 14, 1964, 78 Stat. 434; Pub. L. 94–82, title II, § 205(b)(1), Aug. 9, 1975, 89 Stat. 422.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 324 (Mar. 3, 1911, ch. 231, § 218, 36 Stat. 1152; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July 31, 1946, ch. 704, § 1, 60 Stat. 716). The provision ‘‘to be paid monthly’’ was omitted since the time of payment of salaries is a matter of ad- ministrative convenience. (See 20 Comp. Gen. 834.) Minor changes in phraseology were made. Editorial Notes REFERENCES IN TEXT Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90–206, Dec. 16, 1967, 81 Stat. 642, which is classified to chapter 11 (§ 351 et seq.) of Title 2, The Congress. AMENDMENTS 1975—Pub. L. 94–82 substituted provisions setting the annual salary of the Chief Justice and each associate justice at rates determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provisions granting the Chief Justice and each associate justice a salary of $40,000 and $39,500 a year, respectively. 1964—Pub. L. 88–426 increased salary of Chief Justice from $35,500 to $40,000 and that of Associate Justices from $35,000 to $39,500. 1955—Act Mar. 2, 1955, increased salary of Chief Jus- tice from $25,500 to $35,500 and salaries of Associate Jus- tices from $25,000 to $35,000 a year. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426. EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under section 4501 of Title 2, The Congress. Statutory Notes and Executive Documents SALARY INCREASES For adjustment of salaries of Chief Justice and Asso- ciate Justices under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Govern- ment Organization and Employees. For prior year salary increases per the recommenda- tion of the President, see Prior Salary Recommenda- tions notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjust- ments of pay and limitations on use of funds to pay sal- aries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees. Salary of Chief Justice increased from $20,500 to $25,500 a year, and salaries of associate justices in- Page 11 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 41 creased from $20,000 to $25,000 a year, by act July 31, 1946, ch. 704, § 1, 60 Stat. 716. Salary of Chief Justice increased from $15,000 to $20,500 a year, and salaries of associate justices in- creased from $14,500 to $20,000 a year, by act Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919. Salary of Chief Justice set at $15,000 a year and sala- ries of associate justices set at $14,500 a year by Judi- cial Code of 1911, act Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1152. § 6. Records of former court of appeals The records and proceedings of the court of ap- peals, appointed previous to the adoption of the Constitution, shall be kept until deposited with the National Archives of the United States in the office of the clerk of the Supreme Court, who shall furnish copies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court. Such copies shall have the same faith and credit as proceedings of the Supreme Court. (June 25, 1948, ch. 646, 62 Stat. 870; Oct. 25, 1951, ch. 562, § 4(7), 65 Stat. 640.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 329 (Mar. 3, 1911, ch. 231, § 222, 36 Stat. 1153). In a letter dated August 8, 1944, the clerk of the Su- preme Court advised that many of the early records mentioned in this section were destroyed by fire. Oth- ers are on file in the Clerk’s office. Minor changes in phraseology were made. Editorial Notes AMENDMENTS 1951—Act Oct. 25, 1951, inserted ‘‘until deposited with the National Archives of the United States’’ in first sentence. CHAPTER 3—COURTS OF APPEALS Sec. 41. Number and composition of circuits. 42. Allotment of Supreme Court justices to cir- cuits. 43. Creation and composition of courts. 44. Appointment, tenure, residence and salary of circuit judges. 45. Chief judges; precedence of judges. 46. Assignment of judges; panels; hearings; quorum. 47. Disqualification of trial judge to hear appeal. 48. Terms of court. 49. Assignment of judges to division to appoint independent counsels. Editorial Notes AMENDMENTS 1983—Pub. L. 97–409, § 2(b)(2), Jan. 3, 1983, 96 Stat. 2039, substituted ‘‘independent counsels’’ for ‘‘special pros- ecutors’’ in item 49. 1978—Pub. L. 95–521, title VI, § 602(b), Oct. 26, 1978, 92 Stat. 1874, added item 49. Pub. L. 95–486, § 5(c), Oct. 20, 1978, 92 Stat. 1633, sub- stituted ‘‘panels’’ for ‘‘divisions’’ in item 46. § 41. Number and composition of circuits The thirteen judicial circuits of the United States are constituted as follows: Circuits Composition District of Columbia ...... District of Columbia. Circuits Composition First ................ Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island. Second ............. Connecticut, New York, Vermont. Third ............... Delaware, New Jersey, Penn- sylvania, Virgin Islands. Fourth ............. Maryland, North Carolina, South Carolina, Virginia, West Virginia. Fifth ................ District of the Canal Zone, Louisiana, Mississippi, Texas. Sixth ............... Kentucky, Michigan, Ohio, Tennessee. Seventh ........... Illinois, Indiana, Wisconsin. Eighth ............. Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota. Ninth ............... Alaska, Arizona, California, Idaho, Montana, Nevada, Or- egon, Washington, Guam, Hawaii. Tenth .............. Colorado, Kansas, New Mex- ico, Oklahoma, Utah, Wyo- ming. Eleventh .......... Alabama, Florida, Georgia. Federal ............ All Federal judicial districts. (June 25, 1948, ch. 646, 62 Stat. 870; Oct. 31, 1951, ch. 655, § 34, 65 Stat. 723; Pub. L. 96–452, § 2, Oct. 14, 1980, 94 Stat. 1994; Pub. L. 97–164, title I, § 101, Apr. 2, 1982, 96 Stat. 25.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C. 1940 ed., § 211, and section 864 of title 48, U.S.C., 1940 ed., Territories and Insular Pos- sessions (Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85; Mar. 3, 1911, ch. 231, § 116, 36 Stat. 1131; Jan. 28, 1915, ch. 22, §§ 1, 2, 38 Stat. 803; Mar. 2, 1917, ch. 145, § 42, 39 Stat. 966; Feb. 13, 1925, ch. 229, §§ 1, 13, 43 Stat. 936, 942; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Feb. 28, 1929, ch. 363, § 1, 45 Stat. 1346; May 17, 1932, ch. 190, 47 Stat. 158). Form of section was simplified. The District of Columbia was added as a separate cir- cuit. This is in accord with the decision of the Supreme Court of the United States which held the Court of Ap- peals for the District of Columbia to be a circuit court of appeals within the Transfer Act of Sept. 14, 1922, ch. 305, 42 Stat. 837, incorporated in the Judicial Code as § 238(a), but repealed by act Feb. 13, 1925, ch. 229, § 13, 43 Stat. 942. (See Swift and Co. v. U.S., 1928, 48 S.Ct. 311, 276 U.S. 311, 72 L.Ed. 587.) In recognizing the District of Columbia as a separate circuit, the Supreme Court recently used this language: ‘‘* * * the eleven circuits forming the single federal ju- dicature * * *’’. Comm’r. v. Bedford’s Estate, 65 S.Ct. 1157, at page 1160, 325 U.S. 283, 89 L.Ed. 611. See section 17 of title 28, U.S.C., 1940 ed., providing, ‘‘For the purposes of sections 17–23 of this title, the Dis- trict of Columbia shall be deemed to be a judicial cir- cuit * * *’’, and act Dec. 23, 1944, ch. 724, 58 Stat. 925, which amended section 215 of title 28, U.S.C., 1940 ed., incorporated in section 42 of this title. Such amend- ment provided that for the purposes of said section 215 ‘‘the District of Columbia shall be deemed to be a judi- cial circuit.’’ Many other acts of Congress have recognized the Dis- trict of Columbia as a separate circuit. (See the fol- lowing acts; Aug. 24, 1937, ch. 754, 50 Stat. 751; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5, 1939, ch. 433, 53 Stat. 1204; Aug. 7, 1939, ch. 501, 53 Stat. 1223; Dec. 29, 1942, ch. 835, 56 Stat. 1094; May 11, 1944, ch. 192, 58 Stat. 218; Dec. 23, 1944, ch. 724, 58 Stat. 925.)