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28 U.S.C. § 81 — Alabama

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 81 — Alabama

Page 23 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 81 ‘‘(3)Proactive efforts should be made available in all forums to provide pro bono legal services and eliminate the violence that destroys lives and shat- ters families. ‘‘(4)A variety of factors cause domestic violence, dating violence, sexual assault, and stalking, and a variety of solutions at the local, State, and national levels are necessary to combat such violence or be- havior. ‘‘(5)According to the National Network to End Do- mestic Violence, which conducted a census including almost 1,700 assistance programs, over the course of 1 day in September 2014, more than 10,000 requests for services, including legal representation, were not met. ‘‘(6)Pro bono assistance can help fill this need by providing not only legal representation, but also ac- cess to emergency shelter, transportation, and childcare. ‘‘(7)Research and studies have demonstrated that the provision of legal assistance to victims of domes- tic violence, dating violence, sexual assault, and stalking reduces the probability of such violence or behavior reoccurring in the future and can help sur- vivors move forward. ‘‘(8)Legal representation increases the possibility of successfully obtaining a protective order against an attacker, which prevents further mental and physical injury to a victim and his or her family, as dem- onstrated by a study that found that 83 percent of victims represented by an attorney were able to ob- tain a protective order, whereas only 32 percent of victims without an attorney were able to do so. ‘‘(9) The American Bar Association Model Rules in- clude commentary stating that ‘every lawyer, regard- less of professional prominence or professional work- load, has a responsibility to provide legal serv

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Page 23 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 81 ‘‘(3)Proactive efforts should be made available in all forums to provide pro bono legal services and eliminate the violence that destroys lives and shat- ters families. ‘‘(4)A variety of factors cause domestic violence, dating violence, sexual assault, and stalking, and a variety of solutions at the local, State, and national levels are necessary to combat such violence or be- havior. ‘‘(5)According to the National Network to End Do- mestic Violence, which conducted a census including almost 1,700 assistance programs, over the course of 1 day in September 2014, more than 10,000 requests for services, including legal representation, were not met. ‘‘(6)Pro bono assistance can help fill this need by providing not only legal representation, but also ac- cess to emergency shelter, transportation, and childcare. ‘‘(7)Research and studies have demonstrated that the provision of legal assistance to victims of domes- tic violence, dating violence, sexual assault, and stalking reduces the probability of such violence or behavior reoccurring in the future and can help sur- vivors move forward. ‘‘(8)Legal representation increases the possibility of successfully obtaining a protective order against an attacker, which prevents further mental and physical injury to a victim and his or her family, as dem- onstrated by a study that found that 83 percent of victims represented by an attorney were able to ob- tain a protective order, whereas only 32 percent of victims without an attorney were able to do so. ‘‘(9) The American Bar Association Model Rules in- clude commentary stating that ‘every lawyer, regard- less of professional prominence or professional work- load, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer’. ‘‘(10) As leaders in their legal communities, judges in district courts should encourage lawyers to pro- vide pro bono resources in an effort to help victims of such violence or behavior escape the cycle of abuse. ‘‘(11) A dedicated army of pro bono attorneys fo- cused on this mission will inspire others to devote ef- forts to this cause and will raise awareness of the scourge of domestic violence, dating violence, sexual assault, and stalking throughout the country. ‘‘(12) Communities, by providing awareness of pro bono legal services and assistance to survivors of do- mestic violence, dating violence, sexual assault, and stalking, will empower those survivors to move for- ward with their lives. ‘‘SEC. 3. DISTRICT COURTS TO PROMOTE EM- POWERMENT EVENTS. ‘‘(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Sept. 4, 2018], and an- nually thereafter, the chief judge, or his or her des- ignee, for each judicial district shall lead not less than one public event, in partnership with a State, local, tribal, or territorial domestic violence service provider or coalition and a State or local volunteer lawyer project, promoting pro bono legal services as a critical way in which to empower survivors of domestic vio- lence, dating violence, sexual assault, and stalking and engage citizens in assisting those survivors. ‘‘(b) DISTRICTS CONTAINING INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—During each 2-year period, the chief judge, or his or her designee, for a judicial district that contains an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)) shall lead not less than one public event pro- moting pro bono legal services under subsection (a) of this section in partnership with an Indian tribe or trib- al organization with the intent of increasing the provi- sion of pro bono legal services for Indian or Alaska Na- tive victims of domestic violence, dating violence, sex- ual assault, and stalking. ‘‘(c) REQUIREMENTS.—Each chief judge shall— ‘‘(1) have discretion as to the design, organization, and implementation of the public events required under subsection (a); and ‘‘(2) in conducting a public event under subsection (a), seek to maximize the local impact of the event and the provision of access to high quality pro bono legal services by survivors of domestic violence, dat- ing violence, sexual assault, and stalking. ‘‘SEC. 4. REPORTING REQUIREMENTS. ‘‘(a) REPORT TO THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.—Not later than October 30 of each year, each chief judge shall submit to the Director of the Administrative Office of the United States Courts a report detailing each public event conducted under section 3 during the previous fis- cal year. ‘‘(b)REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—Not later than January 1 of each year, the Director of the Administrative Office of the United States Courts shall submit to Congress a com- pilation and summary of each report received under subsection (a) for the previous fiscal year. ‘‘(2) REQUIREMENT.—Each comprehensive report submitted under paragraph (1) shall include an anal- ysis of how each public event meets the goals set forth in this Act as well as suggestions on how to im- prove future public events. ‘‘SEC. 5. FUNDING. ‘‘The Administrative Office of the United States Courts shall use existing funds to carry out the require- ments of this Act.’’ § 81. Alabama Alabama is divided into three judicial districts to be known as the Northern, Middle, and South- ern Districts of Alabama. Northern District (a) The Northern District comprises five divi- sions. (1) The Northwestern Division comprises the counties of Colbert, Franklin, Lauder- dale, and Lawrence. Court for the Northwestern Division shall be held at Florence. (2) The Northeastern Division comprises the counties of Cullman, Jackson, Lime- stone, Madison, Marshall, and Morgan. Court for the Northeastern Division shall be held at Huntsville. (3) The Southern Division comprises the counties of Blount, Jefferson, and Shel- by. Court for the Southern Division shall be held at Birmingham. (4) The Eastern Division comprises the coun- ties of Calhoun, Cherokee, Clay, Cleburne, DeKalb, Etowah, Saint Clair, and Talladega. Court for the Eastern Division shall be held at Anniston. (5) The Western Division comprises the counties of Bibb, Fayette, Greene, Lamar, Marion, Pickens, Sumter, Tusca- loosa, Walker, and Winston. Court for the Western Division shall be held at Tuscaloosa. Middle District (b) The Middle District comprises three divi- sions. Page 24 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 81A (1) The Northern Division comprises the counties of Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Mont- gomery, and Pike. Court for the Northern Division shall be held at Montgomery. (2) The Southern Division comprises the counties of Coffee, Dale, Geneva, Henry, and Houston. Court for the Southern Division shall be held at Dothan. (3) The Eastern Division comprises the coun- ties of Chambers, Lee, Macon, Randolph, Russell, and Tallapoosa. Court for the Eastern Division shall be held at Opelika. Southern District (c) The Southern District comprises two divi- sions. (1) The Northern Division comprises the counties of Dallas, Hale, Marengo, Perry, and Wilcox. Court for the Northern Division shall be held at Selma. (2) The Southern Division comprises the counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe, and Washington. Court for the Southern Division shall be held at Mobile. (June 25, 1948, ch. 646, 62 Stat. 873; Pub. L. 87–36, § 3(a), May 19, 1961, 75 Stat. 83; Pub. L. 118–179, § 1, Dec. 23, 2024, 138 Stat. 2613.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed. § 142 (Mar. 3, 1911, ch. 231, § 70, 36 Stat. 1105; Feb. 28, 1913, ch. 89, 37 Stat. 698; June 27, 1922, ch. 247, 42 Stat. 667). Provisions relating to the places for the maintenance of the clerks’ offices were omitted as covered by sec- tion 751 of this title, providing that deputy clerks may be designated to reside and maintain offices at such places for holding court as the judge may determine. Provisions that the offices of the court shall be kept open at all times were omitted as covered by section 452 of this title. A provision requiring the district judge for the north- ern district to reside at Birmingham was omitted as in- congruous with section 134 of this title, requiring every district judge to reside within the district for which he is appointed. Likewise the provision of section 142 of title 28, U.S.C., 1940 ed., requiring the court to remain in session at Birmingham at least 6 months in each cal- endar year was omitted as unnecessary and not in har- mony with provisions respecting other districts. The provisions for furnishing rooms and accommoda- tions at Florence, Gadsden, Jasper and Opelika were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of these places. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–179, § 1(1), substituted ‘‘five’’ for ‘‘seven’’ in introductory provisions. Subsec. (a)(1). Pub. L. 118–179, § 1(2), substituted ‘‘Lau- derdale, and Lawrence’’ for ‘‘and Lauderdale’’. Subsec. (a)(2). Pub. L. 118–179, § 1(3), struck out Law- rence and added Marshall to the counties comprising the Northeastern Division of the Northern District and struck out ‘‘and Decatur’’ after ‘‘Huntsville’’. Subsec. (a)(4). Pub. L. 118–179, § 1(4), substituted ‘‘Cherokee, Clay, Cleburne, DeKalb, Etowah, Saint Clair,’’ for ‘‘Clay, Cleburne,’’. Subsec. (a)(5). Pub. L. 118–179, § 1(5), substituted ‘‘Fay- ette, Greene, Lamar, Marion, Pickens, Sumter, Tusca- loosa, Walker, and Winston’’ for ‘‘Greene, Pickens, Sumter, and Tuscaloosa’’. Subsec. (a)(6). Pub. L. 118–179, § 1(6), struck out par. (6) which read as follows: ‘‘The Middle Division com- prises the counties of Cherokee, De Kalb, Etowah, Mar- shall, and Saint Clair. ‘‘Court for the Middle Division shall be held at Gadsden.’’ Subsec. (a)(7). Pub. L. 118–179, § 1(7), struck out par. (7) which read as follows: ‘‘The Jasper Division com- prises the counties of Fayette, Lamar, Marion, Walker, and Winston. ‘‘Court for the Jasper Division shall be held at Jas- per.’’ 1961—Subsec. (a)(2). Pub. L. 87–36 provided for holding court at Decatur. § 81A. Alaska Alaska constitutes one judicial district. Court shall be held at Anchorage, Fairbanks, Juneau, Ketchikan, and Nome. (Added Pub. L. 85–508, § 12(b), July 7, 1958, 72 Stat. 348; amended Pub. L. 86–70, § 23(b), June 25, 1959, 73 Stat. 147.) Editorial Notes AMENDMENTS 1959—Pub. L. 86–70 inserted ‘‘Ketchikan,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1959 AMENDMENT Section 12 of Pub. L. 85–508 provided in part that this section, and the amendments to sections 133, 333, 373, 376, 460, 610, 753, 1252, 1291, 1292, 1294, 1346, 1963, 2072, 2201 and 2410 of this title, section 341b of Title 5, Govern- ment Organization and Employees, and sections 3241, 3401, 3771 and 3772 of Title 18, Crimes and Criminal Pro- cedure, are effective on the admission of Alaska into the Union. Admission as a State was accomplished Jan. 3, 1959 upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508. See notes set out preceding section 21 of Title 48, Territories and Insular Possessions. CONTINUATION OF SUITS Pub. L. 85–508, § 13, July 7, 1958, 72 Stat. 349, provided that: ‘‘No writ, action, indictment, cause, or proceeding pending in the District Court for the Territory of Alas- ka on the date when said Territory shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Territory of Alaska at the time said Territory shall become a State, shall abate by the admission of the State of Alaska into the Union, but the same shall be transferred and proceeded with as hereinafter provided. ‘‘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 suit, action, or prosecution shall be pending at the date of such ad- mission, shall be subject to prosecution in the appro- priate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Definitions

Page 719 TITLE 25—INDIANS § 5304 with the Secretary of the Interior, shall report to the President on progress toward establishing training modules regarding Tribal consultation and shall iden- tify additional resources or other support necessary to implement this training. SEC. 9. Definitions. The terms ‘‘Tribal officials,’’ ‘‘policies that have Tribal implications,’’ and ‘‘agency’’ as used in this memorandum are as defined in Execu- tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na- tions’’ as used in this memorandum have the same defi- nition as the term ‘‘Indian Tribe’’ as defined in Execu- tive Order 13175. SEC. 10. Scope. Nothing in this memorandum shall be construed to impair or otherwise affect the ability of heads of agencies to set more specific or more stringent standards, or to incorporate other best practices, for conducting Tribal consultation. SEC. 11. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. (e) The Director of the Office of Manage

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 81 — Alabama

Alabama is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Alabama.

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