28 U.S.C. § 81A — Alaska

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 Page 25 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 81A the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska.’’ APPEALS Pub. L. 85–508, § 14, July 7, 1958, 72 Stat. 349, provided that: ‘‘All appeals taken from the District Court for the Territory of Alaska to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit, previous to the admission of Alaska as a State, shall be prosecuted to final determination as though this Act had not been passed. All cases in which final judgement has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of re- versal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United States district court for said dis- trict, as the case may require: Provided, That the time allowed by existing law for appeals from the district court for said Territory shall not be enlarged thereby.’’ TRANSFER OF CASES Pub. L. 85–508, § 15, July 7, 1958, 72 Stat. 349, provided that: ‘‘All causes pending or determined in the District Court for the Territory of Alaska at the time of the ad- mission of Alaska as a State which are of such nature as to be within the jurisdiction of a district court of the United States shall be transferred to the United States District Court for the District of Alaska for final disposition and enforcement in the same manner as is now provided by law with reference to the judg- ments and decrees in existing United States district courts. All other causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State shall be trans- ferred to the appropriate State court of Alaska. All final judgments and decrees rendered upon such trans- ferred cases in the United States District Court for the District of Alaska may be reviewed by the Supreme Court of the United States or by the United States Court of Appeals for the Ninth Circuit in the same manner as is now provided by law with reference to the judgments and decrees in existing United States dis- trict courts.’’ SUCCESSION OF COURTS Pub. L. 85–508, § 16, July 7, 1958, 72 Stat. 350, provided that: ‘‘Jurisdiction of all cases pending or determined in the District Court for the Territory of Alaska not transferred to the United States District Court for the District of Alaska shall devolve upon and be exercised by the courts of original jurisdiction created by said State, which shall be deemed to be the successor of the District Court for the Territory of Alaska with respect to cases not so transferred and, as such, shall take and retain custody of all records, dockets, journals, and files of such court pertaining to such cases. The files and papers in all cases so transferred to the United States district court, together with a transcript of all book entries to complete the record in such particular cases so transferred, shall be in like manner transferred to said district court.’’ PENDING CASES Pub. L. 85–508, § 17, July 7, 1958, 72 Stat. 350, provided that: ‘‘All cases pending in the District Court for the Territory of Alaska at the time said Territory becomes a State not transferred to the United States District Court for the District of Alaska shall be proceeded with and determined by the courts created by said State with the right to prosecute appeals to the appellate courts created by said State, and also with the same right to prosecute appeals or writs of certiorari from the final determination in said causes made by the court of last resort created by such State to the Su- preme Court of the United States, as now provided by law for appeals and writs of certiorari from the court of last resort of a State to the Supreme Court of the United States.’’ TERMINATION OF JURISDICTION OF DISTRICT COURT FOR THE TERRITORY OF ALASKA Pub. L. 85–508, § 18, July 7, 1958, 72 Stat. 350, provided that: ‘‘The provisions of the preceding sections with re- spect to the termination of the jurisdiction of the Dis- trict Court for the Territory of Alaska, the continu- ation of suits, the succession of courts, and the satis- faction of rights of litigants in suits before such courts, shall not be effective until three years after the effec- tive date of this Act [see section 8(b) of Pub. L. 85–508, set out as a note preceding section 21 of Title 48, Terri- tories and Insular Possessions], unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of this Act, is prepared to assume the functions imposed upon it. During such period of three years or until such Ex- ecutive order is issued, the United States District Court for the Territory of Alaska shall continue to function as heretofore. The tenure of the judges, the United States attorneys, marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function as provided in this section.’’ SCHEDULE OF FEES, MILEAGE, OR OTHER COMPENSATION Pub. L. 86–70, § 23(c), June 25, 1959, 73 Stat. 147, pro- vided that: ‘‘Such authority as has been exercised by the Attorney General heretofore, with regard to the Federal court system in Alaska, pursuant to section 30 of the Act of June 6, 1900 (48 U.S.C. 25) shall continue to be exercised by him after the court created by sec- tion 12(b) of the Act of July 7, 1958 (72 Stat. 339, 348) [this section], providing for the admission of the State of Alaska into the Union, is established.’’ Executive Documents EX. ORD. NO. 10867. ASSUMPTION OF FUNCTIONS BY UNITED STATES DISTRICT COURT FOR DISTRICT OF ALASKA Ex. Ord. No. 10867, Feb. 20, 1960, 25 F.R. 1584, provided: WHEREAS the act of July 7, 1958, 72 Stat. 339 [set out as a note preceding section 21 of Title 48, Territories and Insular Possessions], relating to the admission of the State of Alaska into the Union, provides that the United States District Court for the Territory of Alas- ka shall continue to function as theretofore for a pe- riod of three years after the effective date of that act, unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of that act, is prepared to assume the func- tions imposed upon it; and WHEREAS that act further provides that its provi- sions relating to the termination of the jurisdiction of the District Court for the Territory of Alaska, the con- tinuation of suits, the succession of courts, and the sat- isfaction of the rights of litigants in suits before such courts shall not be effective until the expiration of the above-mentioned three-year period or until such Execu- tive order is issued; and that the tenure of the judges, the United States Attorneys, Marshals, and other offi- cers of the United States District Court for the Terri- tory of Alaska shall terminate at such time as that court shall cease to function; and WHEREAS, I have appointed, by and with the advice and consent of the Senate, and commissioned the Hon- orable Walter N. Hodge to be United States District Judge for the District of Alaska, and he has taken his oath of office; and Page 26 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 82 WHEREAS Judge Hodge has appointed an acting United States Attorney, an acting United States Mar- shal, and other court officers; and WHEREAS the United States District Court for the District of Alaska is now prepared to assume the func- tions imposed upon it: NOW, THEREFORE, by virtue of the authority vested in me by section 18 of the said act of July 7, 1958 [set out above], I hereby proclaim that the United States District Court for the District of Alaska is prepared to assume the functions imposed upon it. Accordingly, the jurisdiction of the District Court for the Territory of Alaska and the tenure of the judges, the United States Attorneys, Marshals, and other officers of that court are now terminated. DWIGHT D. EISENHOWER. § 82. Arizona Arizona constitutes one judicial district. Court shall be held at Flagstaff, Globe, Phoenix, Prescott, Tucson, and Yuma. (June 25, 1948, ch. 646, 62 Stat. 874; Pub. L. 116–40, § 1, Aug. 9, 2019, 133 Stat. 1063.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 143 (June 20, 1910, ch. 310, § 31, 36 Stat. 576; Oct. 3, 1913, ch. 17, §§ 1, 2, 38 Stat. 203). A provision for transfer of causes, civil or criminal, from one place for holding court to another was omit- ted. Such provision, as to civil cases, is covered by sec- tion 1404 of this title, and, as to criminal cases, is ren- dered unnecessary because of inherent power of the court and Rules 18–20 of the Federal Rules of Criminal Procedure, relating to venue. A provision for making an interlocutory order at any place designated for holding court was omitted as un- necessary in view of Federal Rules of Civil Procedure, rule 77(b). A provision requiring the clerk to keep his office at the State capital was omitted as covered by section 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 2019—Pub. L. 116–40 substituted ‘‘Flagstaff, Globe, Phoenix, Prescott, Tucson, and Yuma’’ for ‘‘Globe, Phoenix, Prescott, and Tucson’’. § 83. Arkansas Arkansas is divided into two judicial districts to be known as the Eastern and Western Dis- tricts of Arkansas. Eastern District (a) The Eastern District comprises three divi- sions. (1) The Central Division comprises the coun- ties of Cleburne, Cleveland, Conway, Dal- las, Drew, Faulkner, Grant, Jefferson, Lincoln, Lonoke, Perry, Pope, Prairie, Pulaski, Saline, Stone, Van Buren, White, and Yell. Court for the Central Division shall be held at Little Rock. (2) The Delta Division comprises the coun- ties of Arkansas, Chicot, Crittenden, Desha, Lee, Monroe, Phillips, and St. Francis. Court for the Delta Division shall be held at Helena. (3) The Northern Division comprises the counties of Clay, Craighead, Cross, Ful- ton, Greene, Independence, Izard, Jack- son, Lawrence, Mississippi, Poinsett, Randolph, Sharp, and Woodruff. Court for the Northern Division shall be held at Jonesboro. Western District (b) The Western District comprises six divi- sions. (1) The Texarkana Division comprises the counties of Hempstead, Howard, Lafay- ette, Little River, Miller, Nevada, and Sevier. Court for the Texarkana Division shall be held at Texarkana, and may be held any- where within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas. (2) The El Dorado Division comprises the counties of Ashley, Bradley, Calhoun, Columbia, Ouachita, and Union. Court for the El Dorado Division shall be held at El Dorado. (3) The Fort Smith Division comprises the counties of Crawford, Franklin, Johnson, Logan, Polk, Scott, and Sebastian. Court for the Fort Smith Division shall be held at Fort Smith. (4) The Harrison Division comprises the counties of Baxter, Boone, Carroll, Mar- ion, Newton, and Searcy. Court for the Harrison Division shall be held at Harrison. (5) The Fayetteville Division comprises the counties of Benton, Madison, and Wash- ington. Court for the Fayetteville Division shall be held at Fayetteville. (6) The Hot Springs Division comprises the counties of Clark, Garland, Hot Springs, Montgomery, and Pike. Court for the Hot Springs Division shall be held at Hot Springs. (June 25, 1948, ch. 646, 62 Stat. 874; Pub. L. 87–36, § 5, May 19, 1961, 75 Stat. 84; Pub. L. 108–455, § 3, Dec. 10, 2004, 118 Stat. 3628; Pub. L. 116–73, § 2, Nov. 26, 2019, 133 Stat. 1154.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 144 (Mar. 3, 1911, ch. 231, § 71, 36 Stat. 1106; Apr. 12, 1924, ch. 87, § 1, 43 Stat. 90; Feb. 17, 1925, ch. 252, 43 Stat. 948; Apr. 16, 1926, ch. 147, § 1, 44 Stat. 296; Apr. 21, 1926, ch. 168, 44 Stat. 304; Feb. 7, 1928, ch. 29, § 1, 45 Stat. 58; Apr. 17, 1940, ch. 100, 54 Stat. 109; June 11, 1940, ch. 321, § 1, 54 Stat. 302). A provision making inoperative the terms of the last paragraph of this section, whenever court accommoda- tions shall be provided in Federal buildings was omit- ted as unnecessary. When such buildings become avail- able the Director of the Administrative Office of the United States Courts will, under section 604 of this title, provide court accommodations therein. Provisions relating to places for maintenance of clerks’ offices and requiring said offices to be kept open at all times were omitted as covered by sections 452 and 751 of this title. The provision authorizing the referee in bankruptcy for the western division of the eastern district to serve by appointment in the Hot Springs division of the west- ern district is to be transferred to title 11, U.S.C., 1940 ed., Bankruptcy.