28 U.S.C. § 49 — Assignment of judges to division to appoint

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. Page 22 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 49 AMENDMENTS 1987—Subsec. (a). Pub. L. 100–191, § 4, inserted at end: ‘‘The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.’’ Subsec. (f). Pub. L. 100–191, § 5(a), substituted ‘‘involv- ing an independent counsel’’ for ‘‘involving a inde- pendent counsel’’. 1986—Subsec. (f). Pub. L. 99–554 substituted ‘‘chapter 40’’ for ‘‘chapter 39’’ in two places. 1983—Pub. L. 97–409, § 2(b)(1)(B), substituted ‘‘inde- pendent counsels’’ for ‘‘special prosecutors’’ in section catchline. Subsec. (a). Pub. L. 97–409, § 2(b)(1)(B), substituted ‘‘independent counsels’’ for ‘‘special prosecutors’’. Subsec. (f). Pub. L. 97–409, § 2(b)(1)(A), (C), substituted ‘‘independent counsel’’ for ‘‘special prosecutor’’ wher- ever appearing and ‘‘independent counsel’s’’ for ‘‘spe- cial prosecutor’s’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title. EFFECTIVE DATE Section effective Oct. 26, 1978, see section 604 of Pub. L. 95–521, set out as a note under section 591 of this title. CHAPTER 5—DISTRICT COURTS Sec. 81. Alabama. 81A. Alaska. 82. Arizona. 83. Arkansas. 84. California. 85. Colorado. 86. Connecticut. 87. Delaware. 88. District of Columbia. 89. Florida. 90. Georgia. 91. Hawaii. 92. Idaho. 93. Illinois. 94. Indiana. 95. Iowa. 96. Kansas. 97. Kentucky. 98. Louisiana. 99. Maine. 100. Maryland. 101. Massachusetts. 102. Michigan. 103. Minnesota. 104. Mississippi. 105. Missouri. 106. Montana. 107. Nebraska. 108. Nevada. 109. New Hampshire. 110. New Jersey. 111. New Mexico. 112. New York. 113. North Carolina. 114. North Dakota. 115. Ohio. 116. Oklahoma. 117. Oregon. 118. Pennsylvania. 119. Puerto Rico. 120. Rhode Island. 121. South Carolina. Sec. 122. South Dakota. 123. Tennessee. 124. Texas. 125. Utah. 126. Vermont. 127. Virginia. 128. Washington. 129. West Virginia. 130. Wisconsin. 131. Wyoming. 132. Creation and composition of district courts. 133. Appointment and number of district judges. 134. Tenure and residence of district judges. 135. Salaries of district judges. 136. Chief judges; precedence of district judges. 137. Division of business among district judges. 138. Terms abolished. 139. Times for holding regular sessions. 140. Adjournment. 141. Special sessions; places; notice. [142. Repealed.] 143. Vacant judgeship as affecting proceedings. 144. Bias or prejudice of judge. HISTORICAL AND REVISION NOTES Sections 81–131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945. All references to dates were omitted as unnecessary. All references to fixed terms of holding court were also omitted in order to vest in each district court a wider discretion and greater flexibility in the disposi- tion of its business. Such times will now be determined by rule of court rather than by statute. See sections 138 and 141 of this title. Editorial Notes AMENDMENTS 1982—Pub. L. 97–164, title I, § 115(c)(3), Apr. 2, 1982, 96 Stat. 32, struck out item 142 ‘‘Accommodations at places for holding court’’. 1963—Pub. L. 88–139, § 3(a), Oct. 16, 1963, 77 Stat. 248, substituted ‘‘Terms abolished’’ for ‘‘Times for holding regular terms’’ in item 138, ‘‘Times for holding regular sessions’’ for ‘‘Term continued until terminated’’ in item 139, and ‘‘sessions’’ for ‘‘terms’’ in item 141. 1958—Pub. L. 85–508, § 12(a), July 7, 1958, 72 Stat. 348, added item 81A. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1978 AMENDMENT For short title of Pub. L. 95–408, Oct. 2, 1978, 92 Stat. 883, as ‘‘Federal District Court Organization Act of 1978’’, see note set out under section 1 of this title. PRO BONO WORK TO EMPOWER AND REPRESENT VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING Pub. L. 115–237, Sept. 4, 2018, 132 Stat. 2447, as amend- ed by Pub. L. 117–252, § 2, Dec. 20, 2022, 136 Stat. 2359, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Pro bono Work to Em- power and Represent Act of 2018’ or the ‘POWER Act’. ‘‘SEC. 2. FINDINGS. ‘‘Congress finds the following: ‘‘(1)Extremely high rates of domestic violence, dat- ing violence, sexual assault, and stalking exist at the local, State, tribal, and national levels and such vio- lence or behavior harms the most vulnerable mem- bers of our society. ‘‘(2)According to a study commissioned by the De- partment of Justice, nearly 25 percent of women suf- fer from domestic violence during their lifetime.