28 U.S.C. § 143 — Vacant judgeship as affecting proceedings

Page 77 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 144 1 So in original. Does not conform to section catchline. Pub. L. 87–559, July 27, 1962, 76 Stat. 246, related to Decatur, Alabama. Pub. L. 87–553, July 27, 1962, 76 Stat. 222, related to Winchester, Tennessee. Pub. L. 87–551, July 27, 1962, 76 Stat. 221, related to Bridgeport, Connecticut. Pub. L. 87–337, Oct. 3, 1961, 75 Stat. 750, related to La- fayette, Louisiana. Pub. L. 87–36, § 3(g), May 19, 1961, 75 Stat. 83, related to Kalamazoo, Michigan; Fayetteville, North Carolina; and Dyersburg, Tennessee. Pub. L. 86–366, Sept. 22, 1959, 73 Stat. 647, related to Durant, Oklahoma. Act July 20, 1956, ch. 657, 70 Stat. 594, related to Bryson City, North Carolina. Act Sept. 23, 1950, ch. 1006, 64 Stat. 982, related to Klamath Falls, Oregon. Act Aug. 21, 1950, ch. 767, 64 Stat. 469, related to Newnan, Georgia. Act Aug. 10, 1950, ch. 675, § 2, 64 Stat. 438, related to Rock Island, Illinois. Act Oct. 26, 1949, ch. 744, 63 Stat. 923, related to Thomasville, Georgia. Act Oct. 26, 1949, ch. 740, 63 Stat. 921, related to Brunswick, Georgia. § 143. Vacant judgeship as affecting proceedings When the office of a district judge becomes va- cant, all pending process, pleadings and pro- ceedings shall, when necessary, be continued by the clerk until a judge is appointed or des- ignated to hold such court. (June 25, 1948, ch. 646, 62 Stat. 898.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 26 (Mar. 3, 1911, ch. 231, § 22, 36 Stat. 1090). The last clause of section 26 of title 28, U.S.C., 1940, ed., prescribing the powers of a designated judge was omitted as covered by section 296 of this title. Minor changes were made in phraseology. § 144. Bias or prejudice of judge Whenever a party to any proceeding in a dis- trict court makes and files a timely and suffi- cient affidavit that the judge before whom the matter is pending has a personal bias or preju- dice either against him or in favor of any ad- verse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding. The affidavit shall state the facts and the rea- sons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the pro- ceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith. (June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, § 65, 63 Stat. 99.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 25 (Mar. 3, 1911, ch. 231, § 21, 36 Stat. 1090). The provision that the same procedure shall be had when the presiding judge disqualifies himself was omit- ted as unnecessary. (See section 291 et seq. and section 455 of this title.) Words, ‘‘at which the proceeding is to be heard,’’ were added to clarify the meaning of words, ‘‘before the be- ginning of the term.’’ (See U.S. v. Costea, D.C.Mich. 1943, 52 F.Supp. 3.) Changes were made in phraseology and arrangement. 1949 ACT This amendment clarifies the intent in section 144 of title 28, U.S.C., to conform to the law as it existed at the time of the enactment of the revision limiting the filing of affidavits of prejudice to one such affidavit in any case. Editorial Notes AMENDMENTS 1949—Act May. 24, 1949, substituted ‘‘in any case’’ for ‘‘as to any judge’’ in second sentence of second par. Statutory Notes and Related Subsidiaries ABOLITION OF TERMS For abolition of formal terms of the court and re- placement by sessions, see sections 138 and 139 of this title. CHAPTER 6—BANKRUPTCY JUDGES Sec. 151. Designation of bankruptcy courts. 152. Appointment of bankruptcy judges. 153. Salaries; character of service. 154. Division of business; chief judge.1 155. Temporary transfer of bankruptcy judges. 156. Staff; expenses. 157. Procedures. 158. Appeals. 159. Bankruptcy statistics. Editorial Notes AMENDMENTS 2005—Pub. L. 109–8, title VI, § 601(b), Apr. 20, 2005, 119 Stat. 120, added item 159. PRIOR PROVISIONS A prior chapter 6, consisting of sections 151 to 160, which was added by Pub. L. 95–598, title II, § 201(a), Nov. 6, 1978, 92 Stat. 2657, as amended by Pub. L. 97–164, title I, § 110(d), Apr. 2, 1982, 96 Stat. 29, and which related to bankruptcy courts, did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. Statutory Notes and Related Subsidiaries COURTS DURING TRANSITION Pub. L. 95–598, title IV, § 404, Nov. 6, 1978, 92 Stat. 2683, as amended by Pub. L. 98–249, § 1(b), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98–271, § 1(b), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98–299, § 1(b), May 25, 1984, 98 Stat. 214; Pub. L. 98–325, § 1(b), June 20, 1984, 98 Stat. 268; Pub. L. 98–353, title I, § 121(b), July 10, 1984, 98 Stat. 345, which provided that, for purposes of Pub. L. 95–598, which enacted Title 11, Bankruptcy, and the amendments made by Pub. L. 95–598, the courts of bankruptcy as defined under sec- tion 1(10) of former Title 11, created under section 11(a) of former Title 11, and existing on Sept. 30, 1979, con- tinue to be courts of bankruptcy during the transition period beginning Oct. 1, 1979, and ending July 9, 1984, made provision for extension of the term of office of referees in bankruptcy serving on Nov. 6, 1978, and for such a referee to have the title of United States bank- ruptcy judge, established for each State a merit screen- ing committee to pass on qualifications of such a ref- eree and determine if the term of such a referee should be extended, and set forth the rules and provisions ap- plicable to United States bankruptcy judges during the