28 U.S.C. § 84 — California

Page 27 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 84 The provision with reference to court accommoda- tions at Fayetteville and Hot Springs was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 2019—Subsec. (a). Pub. L. 116–73 amended subsec. (a) generally. Prior to amendment, subsec. (a) designated the Eastern, Western, Pine Bluff, Northern, and Jonesboro Divisions within the Eastern District. 2004—Subsec. (b)(1). Pub. L. 108–455 inserted ‘‘, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line be- tween Texas and Arkansas’’ after ‘‘held at Texarkana’’. 1961—Subsec. (a). Pub. L. 87–36 struck out from enu- meration in par. (1) the parish of Desha and in par. (2) the parishes of Arkansas, Chicot, Cleveland, Dallas, Drew, Grant, Jefferson, and Lincoln, added par. (3) con- sisting of such parishes, and redesignated former par. (3) and (4) as (4) and (5), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–73, § 3, Nov. 26, 2019, 133 Stat. 1154, pro- vided that: ‘‘This Act [amending this section and enact- ing provisions set out as a note under section 1 of this title] and the amendment made by this Act shall take effect on the date of enactment of this Act [Nov. 26, 2019].’’ § 84. California California is divided into four judicial dis- tricts to be known as the Northern, Eastern, Central, and Southern Districts of California. Northern District (a) The Northern District comprises the coun- ties of Alameda, Contra Costa, Del Norte, Hum- boldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, Santa Clara, Santa Cruz, San Fran- cisco, San Mateo, and Sonoma. Court for the Northern District shall be held at Eureka, Oakland, San Francisco, and San Jose. Eastern District (b) The Eastern District comprises the coun- ties of Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Fresno, Glenn, Inyo, Kern, Kings, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Sac- ramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba. Court for the Eastern District shall be held at Bakersfield, Fresno, Redding, and Sacramento. Central District (c) The Central District comprises 3 divisions. (1) The Eastern Division comprises the coun- ties of Riverside and San Bernardino. Court for the Eastern Division shall be held at a suitable site in the city of Riverside, the city of San Bernardino, or not more than 5 miles from the boundary of either such city. (2) The Western Division comprises the counties of Los Angeles, San Luis Obispo, Santa Barbara, and Ventura. Court for the Western Division shall be held at Los Angeles. (3) The Southern Division comprises Orange County. Court for the Southern Division shall be held at Santa Ana. Southern District (d) The Southern District comprises the coun- ties of Imperial and San Diego. Court for the Southern District shall be held at San Diego. (June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 89–372, § 3(a), Mar. 18, 1966, 80 Stat. 75; Pub. L. 96–462, § 2, Oct. 15, 1980, 94 Stat. 2053; Pub. L. 102–357, § 2, Aug. 26, 1992, 106 Stat. 958; Pub. L. 113–235, div. E, title III, § 307, Dec. 16, 2014, 128 Stat. 2352.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 145 and section 76 of title 16, Conservation (Mar. 3, 1911, ch. 231, § 72, 36 Stat. 1107; May 16, 1916, ch. 122, 39 Stat. 122; June 2, 1920, ch. 218, § 2, 41 Stat. 731; Mar. 1, 1929, ch. 421, 45 Stat. 1424). A provision relating to the place for maintenance of a clerk’s office, and requiring such office to be kept open at all times, was omitted as covered by sections 452 and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 2014—Subsec. (b). Pub. L. 113–235 inserted ‘‘Bakers- field,’’ after ‘‘shall be held at’’. 1992—Subsec. (c). Pub. L. 102–357 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘The Central District comprises the counties of Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura. ‘‘Court for the Central District shall be held at Los Angeles and Santa Ana.’’ 1980—Subsec. (c). Pub. L. 96–462 inserted ‘‘and Santa Ana’’ after ‘‘at Los Angeles’’. 1966—Pub. L. 89–372 expanded the number of judicial districts in California from two to four by creating an Eastern and a Central District in addition to the exist- ing Northern and Southern Districts, removed the pro- visions separating the Northern and Southern Districts into divisions, transferred to the newly created Eastern Division the counties of Alpine, Almador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joa- quin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sut- ter, Tehama, Trinity, Tuolumne, Yolo, and Yuba from the Northern District and Fresno, Inyo Kern, Kings, Madera, Mariposa, Merced, and Tulare from the South- ern District, transferred to the newly created Central District the counties of Los Angeles, Orange, Riverside, San Bernardino, San Louis Obispo, Santa Barbara, and Ventura from the Southern District, substituted Eure- ka, Oakland, San Francisco, and San Jose for Eureka, Sacramento, and San Francisco as places for holding court for the Northern District, removed Fresno and Los Angeles from the list of places for holding court for the Southern District leaving San Diego as the only place for holding of court in the Southern District, and provided for the holding of court in Los Angeles for the Central District and in Fresno, Redding, and Sac- ramento for the Eastern District. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–357, § 3, Aug. 26, 1992, 106 Stat. 959, pro- vided that: Page 28 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 85 ‘‘(a) IN GENERAL.—This Act [amending this section and enacting provisions set out below] and the amend- ments made by this Act shall take effect 6 months after the date of the enactment of this Act [Aug. 26, 1992]. ‘‘(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 Central District of California 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 Cen- tral Judicial District of California on the effective date of this Act.’’ EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION Pub. L. 96–462, § 7, Oct. 15, 1980, 94 Stat. 2054, provided that: ‘‘(a) This Act and the amendments made by this Act [amending this section and sections 95, 105, 113, and 124 of this title and enacting provisions set out as notes under this section and sections 95, 105, and 113 of this title] shall take effect on October 1, 1981. ‘‘(b) Nothing in this Act shall affect the composition or preclude the service of any grand or petit juror sum- moned, empaneled, or actually serving in any judicial district on the effective date of this Act [Oct. 1, 1981].’’ EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–372, § 3(i), Mar. 18, 1966, 80 Stat. 77, provided that: ‘‘The provisions of this section [amending this section and enacting provisions set out as a note under this section and section 133 of this title] shall become effective six months after the date of enactment of this Act [Mar. 18, 1966].’’ CONGRESSIONAL FINDINGS CONCERNING CREATION OF THREE DIVISIONS IN CENTRAL DISTRICT Pub. L. 102–357, § 1, Aug. 26, 1992, 106 Stat. 958, pro- vided that: ‘‘The Congress makes the following find- ings: ‘‘(1) The Federal Government has the responsibility to provide quality services which are readily acces- sible to the people it serves. ‘‘(2) The court facilities in the Central Judicial Dis- trict of California are presently inadequate, and cur- rent and projected growth exacerbates the problem. ‘‘(3) The population demographics of southern Cali- fornia have changed dramatically over the last dec- ade, as the center of population shifts inland. Be- tween 1980 and 1990, the population of Riverside Coun- ty increased 76.5 percent, and San Bernardino Coun- ty’s population increased 58.5 percent, to a combined population of 2,600,000. ‘‘(4) In the next 15 years, the population in River- side and San Bernardino Counties is expected to in- crease again by 70 percent, and 67 percent, respec- tively. By the year 2005, Riverside and San Bernardino Counties will have 4,400,000 residents. ‘‘(5) As a result of the population growth, the free- ways connecting the Pacific coast and the inland areas are tremendously overburdened, and Federal of- fices along the coast are no longer accessible to the residents of Riverside and San Bernardino Counties. ‘‘(6) The creation of 3 divisions in the Central Judi- cial District of California is urgently needed to pro- vide for the delivery of judicial services to all areas and all residents of the Central Judicial District of California.’’ STUDY OF JUDICIAL BUSINESS IN CENTRAL DISTRICT, CALIFORNIA AND EASTERN DISTRICT, NEW YORK AND RECOMMENDATIONS FOR CREATION OF NEW JUDICIAL DISTRICTS Pub. L. 95–573, § 5, Nov. 2, 1978, 92 Stat. 2458, required the Director of the Administrative Office of the United States Courts to conduct a study of the judicial busi- ness of the Central District of California and the East- ern District of New York, within one year of Nov. 2, 1978, and to make recommendations to Congress with respect to the need for creation of new judicial dis- tricts. CREATION OF EASTERN AND CENTRAL DISTRICTS: TRANSFER OF DISTRICT JUDGES; TRANSFER AND AP- POINTMENT OF UNITED STATES ATTORNEYS AND UNITED STATES MARSHALS Pub. L. 89–372, § 3(b)–(g), Mar. 18, 1966, 80 Stat. 76, 77, provided that: ‘‘(b) The two district judges for the northern district of California holding office on the day before the effec- tive date of this section [see Effective Date of 1966 Amendment note above] and whose official station is Sacramento shall, on and after such date, be district judges for the eastern district of California. All other district judges for the northern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the northern district of California. ‘‘(c) The district judge for the southern district of California, residing in the northern division thereof and holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], shall, on and after such date, be a district judge for the eastern district of California. The two dis- trict judges for the southern district of California hold- ing office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], and whose official station is San Diego shall, on and after such date, be the district judges for the southern district of California. All other district judges for the southern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the cen- tral district of California. ‘‘(d) Nothing in this Act [amending this section and sections 44 and 133 of this title and enacting provisions set out as notes under this section and sections 44 and 133 of this title] shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the northern district of California who are in office on the effective date of this section [see Effective Date of 1966 Amendment note above], and who shall be during the remainder of their present terms of office the United States attorney and marshal for such district as constituted by this Act. ‘‘(e) Nothing in this Act [amending this section and sections 44 and 133 of this title and enacting provisions set out as notes under this section and sections 44 and 133 of this title] shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the southern district of California 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 central district of California. ‘‘(f) The President shall appoint, by and with the ad- vice and consent of the Senate, a United States attor- ney and a United States marshal for the southern dis- trict of California. ‘‘(g) The President shall appoint, by and with the ad- vice and consent of the Senate, a United States attor- ney and a United States marshal for the eastern dis- trict of California.’’ § 85. Colorado Colorado constitutes one judicial district. Court shall be held at Boulder, Colorado Springs, Denver, Durango, Grand Junc- tion, Montrose, Pueblo, and Sterling. (June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 98–620, title IV, § 409, Nov. 8, 1984, 98 Stat. 3362; Pub. L. 108–455, § 5, Dec. 10, 2004, 118 Stat. 3629; Pub. L. 108–482, title III, § 301, Dec. 23, 2004, 118 Stat. 3918.)