28 U.S.C. § 48 — Terms of court

Page 20 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 48 HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 216, and District of Columbia Code, 1940 ed., § 11–205 (Feb. 9, 1893, ch. 74, § 6, 27 Stat. 435; July 30, 1894, ch. 172, § 2, 28 Stat. 161; Mar. 3, 1901, ch. 854, § 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, § 120, 36 Stat. 1132). The provision in section 11–205 of the District of Co- lumbia Code, 1940 ed., that a justice of the district court while on the bench of the Court of Appeals in the District of Columbia shall not sit in review of judg- ment, order, or decree rendered by him below, was con- solidated with a similar provision of section 216 of title 28, U.S.C., 1940 ed. The consolidation simplifies the lan- guage without change of substance. References in said section 11–205 to the power to pre- scribe rules, requisites of record on appeal, forms of bills of exception, and procedure on appeal, were omit- ted as covered by Rules 73, 75, 76, of the Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of Criminal Procedure. Said section 11–205 contained a provision that on a di- vided opinion by the Court of Appeals for the District of Columbia the decision of the lower court should stand affirmed. This was omitted as unnecessary as merely expressing a well-established rule of law. Other provisions of said section 11–205 are incor- porated in section 48 of this title. The provision of section 216 of title 28, U.S.C., 1940 ed., with respect to the competency of justices and judges to sit, was omitted as covered by section 43 of this title. Specific reference in said section 216 to the Chief Jus- tice of the United States was likewise omitted inas- much as he sits as a circuit justice. The provision of said section 216 with respect to as- signment of district judges was omitted as covered by section 291 et seq. of this title. Provision of said section 216 relating to presiding judge was omitted as covered by section 44 of this title. § 48. Terms of court (a) The courts of appeals shall hold regular sessions at the places listed below, and at such other places within the respective circuit as each court may designate by rule. Circuits Places District of Columbia ........ Washington. First .................. Boston. Second ............... New York. Third ................. Philadelphia. Fourth ............... Richmond, Asheville. Fifth .................. New Orleans, Fort Worth, Jackson. Sixth .................. Cincinnati. Seventh ............. Chicago. Eighth ............... St. Louis, Kansas City, Omaha, St. Paul. Ninth ................. San Francisco, Los Angeles, Portland, Seattle. Tenth ................. Denver, Wichita, Oklahoma City. Eleventh ............ Atlanta, Jacksonville, Mont- gomery. Federal .............. District of Columbia, and in any other place listed above as the court by rule directs. (b) Each court of appeals may hold special ses- sions at any place within its circuit as the na- ture of the business may require, and upon such notice as the court orders. The court may trans- act any business at a special session which it might transact at a regular session. (c) Any court of appeals may pretermit any regular session of court at any place for insuffi- cient business or other good cause. (d) The times and places of the sessions of the Court of Appeals for the Federal Circuit shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the court with as little inconvenience and expense to citizens as is practicable. (e) Each court of appeals may hold special ses- sions at any place within the United States out- side the circuit as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the court of appeals (or, if the chief judge is unavailable, the most senior available active judge of the court of appeals) or the judicial council of the circuit that, because of emer- gency conditions, no location within the circuit is reasonably available where such special ses- sions could be held. The court may transact any business at a special session outside the circuit which it might transact at a regular session. (f) If a court of appeals issues an order exer- cising its authority under subsection (e), the court— (1) through the Administrative Office of the United States Courts, shall— (A) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (B) not later than 180 days after the expi- ration of such court order submit a brief re- port to the Committee on the Judiciary of the Senate and the Committee on the Judi- ciary of the House of Representatives de- scribing the impact of such order, includ- ing— (i) the reasons for the issuance of such order; (ii) the duration of such order; (iii) the impact of such order on liti- gants; and (iv) the costs to the judiciary resulting from such order; and (2) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order. (June 25, 1948, ch. 646, 62 Stat. 872; Oct. 31, 1951, ch. 655, § 36, 65 Stat. 723; Pub. L. 96–452, § 4, Oct. 14, 1980, 94 Stat. 1994; Pub. L. 97–164, title I, § 104, Apr. 2, 1982, 96 Stat. 26; Pub. L. 102–572, title V, § 501, Oct. 29, 1992, 106 Stat. 4512; Pub. L. 109–63, § 2(a), Sept. 9, 2005, 119 Stat. 1993.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 223 and § 11–205 Dis- trict of Columbia Code, 1940 ed. (Feb. 9, 1893, ch. 74, § 6, 27 Stat. 435; July 30, 1894, ch. 172, § 2, 28 Stat. 161; Mar. 3, 1901, ch. 854, § 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, § 126, 36 Stat. 1132; July 17, 1916, ch. 246, 39 Stat. 385; Jan. 8, 1925, ch. 57, 43 Stat. 729; July 3, 1926, ch. 735, 44 Stat. 809; Feb. 28, 1929, ch. 363, § 3, 45 Stat. 1347; May 17, 1932, ch. 190, 47 Stat. 158). This section consolidates section 223 of title 28, U.S.C., 1940 ed., with part of section 11–205 of the Dis- trict of Columbia Code. Reference to San Juan as a place for holding court in the First Circuit was omitted. The revised section will Page 21 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 49 permit the holding of terms at San Juan when the pub- lic interest requires. The phrase ‘‘and at such other places within the re- spective circuits as may be designated by rule of court’’ was added to enable each court of appeals to hold such additional regular terms as changing circumstances might require. The provisions of such section 223, for furnishing suit- able rooms and accommodation at Oakland City, were omitted as obsolete since the erection of a new Federal building there. The provisions as to fixed times for holding court in the Fifth Circuit was omitted as inconsistent with the practice in the other circuits. Words ‘‘San Francisco, Los Angeles, Portland, Seattle’’ were substituted for ‘‘San Francisco and two other places designated by the court’’ to conform with the practice in the Ninth Cir- cuit. Changes were made in phraseology. SENATE REVISION AMENDMENT By Senate amendment, Jacksonville (Fla.) was added as a place for holding a regular session of the Court of Appeals for the Fifth Circuit. See 80th Congress Senate Report No. 1559. Editorial Notes AMENDMENTS 2005—Subsecs. (e), (f). Pub. L. 109–63 added subsecs. (e) and (f). 1992—Subsec. (c). Pub. L. 102–572 struck out ‘‘, with the consent of the Judicial Conference of the United States,’’ after ‘‘pretermit’’. 1982—Subsec. (a). Pub. L. 97–164, § 104(a), (b), des- ignated introductory provisions and table of circuits as subsec. (a) and substituted provisions directing the courts of appeals to hold regular sessions at the places listed in the table and at such other places within the circuits as each court might designate by rule, for pro- visions which directed that terms or sessions of courts of appeals be held annually at the places listed in the table and at such other places as the courts might des- ignate by rule and authorized each court of appeals to hold special terms at any place within its circuit, and added to the table an item for the Federal circuit, with sessions to be held in the District of Columbia and in any other place listed elsewhere in the table as the Federal circuit court might by rule direct. Subsec. (b). Pub. L. 97–164, § 104(c), added subsec. (b). Subsec. (c). Pub. L. 97–164, § 104(c), designated existing provisions following table of circuits as subsec. (c) and substituted ‘‘regular session’’ for ‘‘regular term or ses- sion’’. Subsec. (d). Pub. L. 97–164, § 104(c), added subsec. (d). 1980—Pub. L. 96–452 substituted ‘‘New Orleans, Fort Worth, Jackson’’ for ‘‘New Orleans, Atlanta, Fort Worth, Jacksonville, Montgomery’’ in item relating to fifth circuit, and added item relating to eleventh cir- cuit. 1951—Act Oct. 31, 1951, inserted last par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–452 effective Oct. 1, 1981, see section 12 of Pub. L. 96–452, set out as a note under section 41 of this title. SURVEY OF JUDICIAL BUSINESS IN ALASKA Pub. L. 86–70, § 23(a), June 25, 1959, 73 Stat. 147, pro- vided that: ‘‘The Judicial Conference of the United States, with the assistance of the Administrative Office of the United States Courts, shall conduct a study, in- cluding a field survey, of the Federal judicial business arising in the State of Alaska with a view toward di- recting the United States Court of Appeals for the Ninth Circuit to hold such terms of court in Anchorage or such other Alaskan cities as may be necessary for the prompt and efficient administration of justice.’’ § 49. Assignment of judges to division to appoint independent counsels (a) Beginning with the two-year period com- mencing on the date of the enactment of this section, three judges or justices shall be as- signed for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing inde- pendent counsels. The Clerk of the United States Court of Appeals for the District of Co- lumbia Circuit shall serve as the clerk of such division of the court and shall provide such serv- ices as are needed by such division of the court. (b) Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assign- ments during the term of such division. (c) In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired jus- tices. (d) The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or sen- ior or retired judge or justice may be named to such division from a particular court. (e) Any vacancy in such division of the court shall be filled only for the remainder of the two- year period in which such vacancy occurs and in the same manner as initial assignments to such division were made. (f) Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title in- volving an independent counsel shall be eligible to participate in any judicial proceeding con- cerning a matter which involves such inde- pendent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsel’s official duties, regardless of whether such independent counsel is still serving in that office. (Added Pub. L. 95–521, title VI, § 602(a), Oct. 26, 1978, 92 Stat. 1873; amended Pub. L. 97–409, § 2(b)(1), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 99–554, title I, § 144(g)(3), Oct. 27, 1986, 100 Stat. 3097; Pub. L. 100–191, §§ 4, 5(a), Dec. 15, 1987, 101 Stat. 1307.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978.