28 U.S.C. § 100 — Maryland

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. Page 39 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 102 Court for the Southern Division shall be held at a suitable site in Montgomery or Prince George’s County not more than five miles from the boundary of Mont- gomery and Prince George’s Counties. (June 25, 1948, ch. 646, 62 Stat. 882; Pub. L. 91–546, § 4, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 100–487, § 1, Oct. 14, 1988, 102 Stat. 2431.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 166 (Mar. 3, 1911, ch. 231, § 86, 36 Stat. 1114; Mar. 3, 1925, ch. 422, 43 Stat. 1106). Provisions relating to appointment of a deputy clerk and a deputy marshal and the maintenance of offices by such deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. The provisions respecting court accommodations at Denton were omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 1988—Pub. L. 100–702 amended section generally. Prior to amendment, section provided that Maryland con- stituted one judicial district and that court be held at Baltimore, Cumberland, Denton, and at a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties. 1970—Pub. L. 91–546 added a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties to the list of enumerated places for holding court in Maryland. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–487, § 2, Oct. 14, 1988, 102 Stat. 2431, pro- vided that: ‘‘(a) IN GENERAL.—This Act and the amendments made by this Act [amending this section] shall take ef- fect 180 days after the date of the enactment of this Act [Oct. 14, 1988]. ‘‘(b) PENDING CASES NOT AFFECTED.—This Act and the amendments made by this Act shall not affect any ac- tion commenced before the effective date of this Act and pending in the United States District Court for the District of Maryland on such date. ‘‘(c) JURIES NOT AFFECTED.—This Act and the amend- ments made by this Act shall not affect the composi- tion, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judi- cial District of Maryland on the effective date of this Act.’’ § 101. Massachusetts Massachusetts constitutes one judicial dis- trict. Court shall be held at Boston, New Bedford, Springfield, and Worcester. (June 25, 1948, ch. 646, 62 Stat. 882.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 167 (Mar. 3, 1911, ch. 231, § 87, 36 Stat. 1114; May 1, 1922, ch. 173, 42 Stat. 503; May 17, 1926, ch. 306, 44 Stat. 559). Words ‘‘and the terms at Boston shall not be termi- nated or affected by the terms at Springfield, New Bed- ford, or Worcester,’’ were omitted as covered by section 138 of this title. Provisions relating to appointment of deputy clerks and deputy marshals, and maintenance of office by said deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. Provisions for furnishing rooms and accommodations at Springfield and Worcester were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that federal accommodations have been provided at such places. A provision requiring the return of all process to the terms at Boston and the keeping of all court papers in the clerk’s office at Boston, unless otherwise specially ordered by the court, was omitted, since such matters can be regulated more appropriately by court rule or order. See Federal Rules of Civil Procedure, Rule 4(g). The provision respecting court accommodations at New Bedford was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. § 102. Michigan Michigan is divided into two judicial districts to be known as the Eastern and Western Dis- tricts of Michigan. Eastern District (a) The Eastern District comprises two divi- sions. (1) The Southern Division comprises the counties of Genesee, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair, Sanilac, Shiawassee, Washtenaw, and Wayne. Court for the Southern Division shall be held at Ann Arbor, Detroit, Flint, and Port Huron. (2) The Northern Division comprises the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, and Tuscola. Court for the Northern Division shall be held at Bay City. Western District (b) The Western District comprises two divi- sions. (1) The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford. Court for the Southern Division shall be held at Grand Rapids, Kalamazoo, Lansing, and Traverse City. (2) The Northern Division comprises the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Mar- quette, Menominee, Ontonagon, and Schoolcraft. Court for the Northern Division shall be held at Marquette and Sault Sainte Marie. (June 25, 1948, ch. 646, 62 Stat. 882; Feb. 10, 1954, ch. 6 § 2(b)(8), 68 Stat. 11; Pub. L. 87–36, § 3(d), May 19, 1961, 75 Stat. 83; Pub. L. 88–627, Oct. 6,