28 U.S.C. § 93 — Illinois

Page 33 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 93 pending in any court of the Territory of Hawaii or in the United States District Court for the District of Ha- waii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the ju- risdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, in- dictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law. ‘‘All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, ac- tion, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like man- ner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appro- priate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii.’’ APPEALS Pub. L. 86–3, § 13, Mar. 18, 1959, 73 Stat. 10, provided that: ‘‘Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Hawaii or the Supreme Court of the Territory of Hawaii in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the Ninth Cir- cuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Hawaii or a court of the State, as may be appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judg- ments, and decrees of the United States District Court for the District of Hawaii and of the Supreme Court of the State of Hawaii as successor to the Supreme Court of the Territory of Hawaii, in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of said State into the Union.’’ EXTENSION OF JURISDICTION OF UNITED STATES DIS- TRICT COURT FOR DISTRICT OF HAWAII AND OF CIVIL AND CRIMINAL LAWS TO MIDWAY, WAKE, JOHNSON, SAND, ETC., ISLANDS The jurisdiction of the United States District Court for the District of Hawaii and the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belong- ing to the United States were extended to the Midway Islands, Wake, Johnson, Sand, etc., Islands by section 644a of Title 48, Territories and Insular Possessions. Executive Documents ADMISSION OF HAWAII AS STATE Admission of Hawaii into the Union was accom- plished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Terri- tories and Insular Possessions. § 92. Idaho Idaho, exclusive of Yellowstone National Park, constitutes one judicial district. Court shall be held at Boise, Coeur d’Alene, Moscow, and Pocatello. (June 25, 1948, ch. 646, 62 Stat. 877; Pub. L. 91–272, § 5, June 2, 1970, 84 Stat. 297.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 151 (Mar. 3, 1911, ch. 231, § 78, 36 Stat. 1109; May 11, 1939, ch. 121, 53 Stat. 738). All of Yellowstone National Park is included in the judicial district of Wyoming by section 131 of this title. Those parts of the park lying in Idaho are accordingly excluded from the judicial district of Idaho. A provision as to the places for maintenance of the clerk’s offices, and requiring that they be open at all times, was omitted as covered by sections 452–751 of this title. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 1970—Pub. L. 91–272 struck out provisions which had divided the judicial district of Idaho into a Northern Division, a Central Division, a Southern Division, and an Eastern Division. § 93. Illinois Illinois is divided into three judicial districts to be known as the Northern, Central, and Southern Districts of Illinois. Northern District (a) The Northern District comprises two divi- sions. (1) The Eastern Division comprises the coun- ties of Cook, Du Page, Grundy, Kane, Kendall, Lake, La Salle, and Will. Court for the Eastern Division shall be held at Chicago and Wheaton. (2) The Western Division comprises the counties of Boone, Carroll, De Kalb, Jo Daviess, Lee, McHenry, Ogle, Stephen- son, Whiteside, and Winnebago. Court for the Western Division shall be held at Freeport and Rockford. Central District (b) The Central District comprises the coun- ties of Adams, Brown, Bureau, Cass, Champaign, Christian, Coles, De Witt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, Henderson, Henry, Iroquois, Page 34 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 93 Kankakee, Knox, Livingston, Logan, McDonough, McLean, Macoupin, Macon, Marshall, Mason, Menard, Mercer, Mont- gomery, Morgan, Moultrie, Peoria, Piatt, Pike, Putnam, Rock Island, San- gamon, Schuyler, Scott, Shelby, Stark, Tazewell, Vermilion, Warren, and Woodford. Court for the Central District shall be held at Champaign/Urbana, Danville, Peoria, Quincy, Rock Island, and Springfield. Southern District (c) The Southern District comprises the counties of Alexander, Bond, Calhoun, Clark, Clay, Clinton, Crawford, Cum- berland, Edwards, Effingham, Fayette, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Jersey, John- son, Lawrence, Madison, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, St. Clair, Saline, Union, Wa- bash, Washington, Wayne, White, and Williamson. Court for the Southern District shall be held at Alton, Benton, Cairo, and East Saint Louis. (June 25, 1948, ch. 646, 62 Stat. 878; Aug. 10, 1950, ch. 675, § 1, 64 Stat. 438; Pub. L. 87–36, § 3(c), May 19, 1961, 75 Stat. 83; Pub. L. 91–272, § 8, June 2, 1970, 84 Stat. 297; Pub. L. 95–408, § 4(b)(1), Oct. 2, 1978, 92 Stat. 884; Pub. L. 95–573, § 1, Nov. 2, 1978, 92 Stat. 2458; Pub. L. 98–620, title IV, § 406(a), (c), Nov. 8, 1984, 98 Stat. 3361; Pub. L. 106–130, § 2, Dec. 6, 1999, 113 Stat. 1677.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 152 (Mar. 3, 1911, ch. 231, § 79, 36 Stat. 1110; Aug. 12, 1937, ch. 594, 50 Stat. 624; June 6, 1940, ch. 247, 54 Stat. 237). Provisions relating to appointment of deputy mar- shals and maintenance of offices by deputy marshals and deputy clerks were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 1999—Subsec. (a)(1). Pub. L. 106–130 inserted ‘‘and Wheaton’’ before period at end. 1984—Subsec. (a)(1). Pub. L. 98–620, § 406(a)(1), struck out De Kalb and McHenry from the counties comprising the Eastern Division of the Northern District. Subsec. (a)(2). Pub. L. 98–620, § 406(a)(2), added De Kalb and McHenry to the counties comprising the Western Division of the Northern District. Subsec. (b). Pub. L. 98–620, § 406(c), provided for hold- ing court at Champaign/Urbana. 1978—Pub. L. 95–408 substituted in introductory provi- sions ‘‘Northern, Central, and Southern Districts of Il- linois’’ for ‘‘Northern, Southern, and Eastern Districts of Illinois’’. Subsec. (a)(1). Pub. L. 95–573, § 1(1), struck out Kan- kakee from the counties comprising the Eastern Divi- sion of the Northern District. Pub. L. 95–408 added Kankakee to the counties com- prising the Eastern Division of the Northern District. Subsec. (b). Pub. L. 95–573, § 1(2), added Kankakee to the counties comprising the Central District. Pub. L. 95–408 substituted ‘‘Central District’’ for ‘‘Southern District’’ in heading, struck out subsec. (b)(1) and (2) designations, which divided Southern Dis- trict into a Northern and Southern Division, and in such newly created Central District, added counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Moultrie, Piatt, Shelby, and Vermilion to, and struck out counties of Bond, Calhoun, Jersey, and Madison from, those counties comprising the new Central Dis- trict, and substituted provisions for holding of a term of Court for Central District at Danville, Peoria, Quin- cy, Rock Island, and Springfield for provisions for hold- ing of a term of Court for Northern Division of the former Southern District at Peoria and Rock Island and for Southern Division of former Southern District at Alton, Quincy, and Springfield. Subsec. (c). Pub. L. 95–408 substituted ‘‘Southern Dis- trict’’ for ‘‘Eastern District’’ in heading, and in such Southern District added counties of Bond, Calhoun, Jersey, and Madison to, and struck out counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Kan- kakee, Moultrie, Piatt, Shelby and Vermilion from, those counties comprising Southern District, and sub- stituted provisions for holding of a term of Court for Southern District at Alton, Benton, Cairo, and East Saint Louis for provisions for holding of a term of Court for Eastern District at Benton, Cairo, Danville, and East Saint Louis. 1970—Subsec. (a)(2). Pub. L. 91–272 provided for hold- ing court at Rockford. 1961—Subsec. (b)(2). Pub. L. 87–36 provided for holding court at Alton. 1950—Subsec. (b)(1). Act Aug. 10, 1950, provided for holding court at Rock Island. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–620, title IV, § 406(b), Nov. 8, 1984, 98 Stat. 3361, provided that: ‘‘The amendments made by sub- section (a) of this section [amending this section] shall apply to any action commenced in the United States District Court for the Northern District of Illinois on or after the effective date of this subtitle [Jan. 1, 1985], and shall not affect 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. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–573, § 6, Nov. 2, 1978, 92 Stat. 2458, as amend- ed by Pub. L. 96–4, § 2, Mar. 30, 1979, 93 Stat. 7, provided that: ‘‘(a) Except as provided in subsection (b) of this sec- tion, the provisions of this Act [amending this section and sections 99, 112, and 118 of this title and enacting a provision set out as a note under section 84 of this title] shall take effect 180 days after the date of enact- ment of this Act [Nov. 2, 1978]. ‘‘(b)(1) The provisions of section 5 of this Act [set out as a note under section 84 of this title] shall take effect on the date of enactment of this Act [Nov. 2, 1978]. ‘‘(2) The provisions of the first section of this Act [amending this section] shall take effect on March 31, 1979. ‘‘(c) Nothing in this Act [amending this section and sections 99, 112, and 118 of this title and enacting provi- sions set out as a note under section 84 of this title] shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or ac- tually serving in any judicial district on the effective date of this Act.’’ 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, Page 35 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 94 see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title. DISTRICT JUDGES, UNITED STATES ATTORNEYS, ASSIST- ANT UNITED STATES ATTORNEYS, AND UNITED STATES MARSHALS FOR CENTRAL AND SOUTHERN DISTRICTS; DESIGNATION; TENURE; APPOINTMENT; GRAND JURY Pub. L. 95–408, § 4(b)(2)–(4), as added by Pub. L. 96–4, § 1, Mar. 30, 1979, 93 Stat. 6, provided that: ‘‘(2) The district judge for the Eastern District of Illi- nois in office on the effective date of this Act [180 days after Oct. 2, 1978] who is senior in commission shall, on and after the effective date of this Act, be a district judge for the Southern District of Illinois. The remain- ing district judge for the Eastern District of Illinois who is in office on the effective date of this Act and the district judges for the Southern District of Illinois who are in office on the effective date of this Act shall, on and after the effective date of this Act, be district judges for the Central District of Illinois. The Presi- dent shall appoint, by and with the advice and consent of the Senate, a second district judge for the Southern District of Illinois. ‘‘(3) This section does not in any manner affect the tenure of the United States attorney, the assistant United States attorneys, or the United States marshal for the Eastern District of Illinois or for the Southern District of Illinois who are in office on the effective date of this Act [180 days after Oct. 2, 1978]. The United States attorney, the assistant United States attorneys, and the United States marshal for the Eastern District and for the Southern District of Illinois shall, on the effective date of this Act, become the United States at- torney, the assistant United States attorneys, and the United States marshal for the Southern District and for the Central District of Illinois, respectively. ‘‘(4) Notwithstanding section 3240 of title 18, United States Code, any grand jury impaneled on or after the effective date of this Act [180 days after Oct. 2, 1978] by a district court for the Central District or the Southern District of Illinois may inquire into and return indict- ments charging offenses against the criminal laws of the United States alleged to have been committed any- where within the territory of the respective judicial districts as such districts were constituted before or after the effective date of this Act.’’ § 94. Indiana Indiana is divided into two judicial districts to be known as the Northern and Southern Dis- tricts of Indiana. Northern District (a) The Northern District comprises three di- visions. (1) The Fort Wayne Division comprises the counties of Adams, Allen, Blackford, De Kalb, Grant, Huntington, Jay, Lagrange, Noble, Steuben, Wells, and Whitley. Court for the Fort Wayne Division shall be held at Fort Wayne. (2) The South Bend Division comprises the counties of Cass, Elkhart, Fulton, Kos- ciusko, La Porte, Marshall, Miami, Pu- laski, St. Joseph, Starke, and Wabash. Court for the South Bend Division shall be held at South Bend. (3) The Hammond Division comprises the counties of Benton, Carroll, Jasper, Lake, Newton, Porter, Tippecanoe, War- ren, and White. Court for the Hammond Division shall be held at Hammond and Lafayette. Southern District (b) The Southern District comprises four divi- sions. (1) The Indianapolis Division comprises the counties of Bartholomew, Boone, Brown, Clinton, Decatur, Delaware, Fayette, Fountain, Franklin, Hamilton, Hancock, Hendricks, Henry, Howard, Johnson, Madison, Marion, Monroe, Montgomery, Morgan, Randolph, Rush, Shelby, Tip- ton, Union, and Wayne. Court for the Indianapolis Division shall be held at Indianapolis and Richmond. (2) The Terre Haute Division comprises the counties of Clay, Greene, Knox, Owen, Parke, Putnam, Sullivan, Vermilion, and Vigo. Court for the Terre Haute Division shall be held at Terre Haute. (3) The Evansville Division comprises the counties of Davies, Dubois, Gibson, Mar- tin, Perry, Pike, Posey, Spencer, Vanderburgh, and Warrick. Court for the Evansville Division shall be held at Evansville. (4) The New Albany Division comprises the counties of Clark, Crawford, Dearborn, Floyd, Harrison, Jackson, Jefferson, Jen- nings, Lawrence, Ohio, Orange, Ripley, Scott, Switzerland, and Washington. Court for the New Albany Division shall be held at New Albany. (June 25, 1948, ch. 646, 62 Stat. 878; Feb. 10, 1954, ch. 6, § 2(b)(7), 68 Stat. 11; Pub. L. 91–272, § 9, June 2, 1970, 84 Stat. 298.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 153 (Mar. 3, 1911, ch. 231, § 80, 36 Stat. 1110; Apr. 21, 1928, ch. 393, 45 Stat. 437). Words ‘‘when the time fixed as above for the sitting of a court shall fall on a legal holiday the terms shall begin on the next day following,’’ were omitted as with- in the discretion of the court and coverable by rule of court. A provision that terms should not be limited to any particular number of days, and that a term about to commence in another division might be adjourned until the business of the court in session was concluded, was omitted as covered by section 140 of this title. A provision authorizing indictments for offenses com- mitted in divisions other than that wherein a grand jury is sitting was omitted as covered by Federal Rules of Criminal Procedure, Rules 6, 7. Provisions as to maintenance of clerks’ offices were omitted as covered by sections 452 and 751 of this title. The following provisions were omitted as either exe- cuted or covered by section 501 [now 541] et seq. and section 541 [now 561] et seq. of this title, containing similar provisions as to United States attorneys and marshals: ‘‘A. The senior district judge for the district of Indi- ana in office immediately prior to April 21, 1928, shall be the district judge for the southern district as con- stituted by this section; the junior district judge for the district of Indiana immediately prior to April 21, 1928, shall be the district judge for the northern district as constituted by this section; and the district attorney and marshal for the district of Indiana in office imme- diately prior to April 21, 1928, shall be during the re- mainder of their present terms of office the district at- torney and marshal for the southern district as con- stituted by this section. ‘‘B. The President is authorized and directed to ap- point, by and with the advice and consent of the Sen- ate, a district attorney and a marshal for the United States District Court for the Northern District of Indi- ana.’’