of Pub. L. 97-92, set out as a note under section 5318 of Title 5. Salaries of the Chief Justice and Associate Justices increased to $92,400 and $88,700, respectively, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to Pub. L. 96-369 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1980, which was $79,125 for the Chief Justice and $75,960 for the Associate Justices. Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, as amended, set out as a note under section 5318 of Title 5. Salaries of the Chief Justice and Associate Justices increased to $84,700 and $81,300, respectively, effective on the first day of the first applicable pay period beginning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, set out as a note under section 5332 of Title 5, Government Organization and Employees. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96-86 funds appropriated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or office in effect on Sept. 30, 1978, which was $79,125 for the Chief Justice and $75,960 for the Associate Justices. Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a note under section 5318 of Title 5, Government Organization and Employees. Salaries of the Chief Justice and Associate Justices increased to $79,100 and $76,000, respectively, effective on the first day of the first pay period beginning on or after Oct. 1, 1978, by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, set out as a note under section 5332 of Title 5, Government Organization and Employees. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979 [Pub. L. 95-391, title III § 304, Sept. 30, 1978, 92 Stat. 788, set out as a note under section 5318 of Title 5], funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $75,000 for the Chief Justice and $72,000 for the Associate Justices. NORTHERN MARIANA ISLANDS Pub. L. 95-157, § 1(a), Nov. 8, 1977, 91 Stat. 1265, provided that the Northern Mariana Islands be part of the same judicial circuit as Guam, i.e., the Ninth Circuit. See section 1694(a) of Title 48, Territories and Insular Possessions. ASSIGNMENT OF JUDGES AND PROCEDURE FOR ADMINISTRATION OF PENDING CASES WITH REGARD TO REORGANIZATION OF THE FIFTH CIRCUIT COURT OF AP PEALS Sections 5 to 10 of Pub. L. 96-452 provided that: "SEC. 5. Each circuit judge in regular active service of the former fifth circuit whose official station on the day before the effective date of this Act [Oct. 1, 1981] "(1) is in Louisiana, Mississippi, or Texas is assigned as a circuit judge of the new fifth circuit; and "(2) is in Alabama, Florida, or Georgia is assigned as a circuit judge of the eleventh circuit. "SEC. 6. Each judge who is a senior judge of the former fifth circuit on the day before the effective date of this Act [Oct. 1, 1981] may elect to be assigned to the new fifth circuit or to the eleventh circuit and shall notify the Director of the Administrative Office of the United States Courts of such election. "SEC. 7. The seniority of each judge "(1) who is assigned under section 5 of this Act; or "(2) who elects to be assigned under section 6 of this Act; shall run from the date of commission of such judge as a judge of the former fifth circuit. "SEC. 8. The eleventh circuit is authorized to hold terms or sessions of court at New Orleans, Louisiana, until such time as adequate facilities for such court are provided in Atlanta, Georgia. "SEC. 9. The provisions of the following paragraphs of this section apply to any case in which, on the day before the effective date of this Act [Oct. 1, 1981], an appeal or other proceeding has been filed with the former fifth circuit: "(1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act [amending sections 41, 44, and 48 of this title, and enacting provisions set out as notes under this section] had not been enacted. "(2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which it would have gone had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. "(3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act [Oct. 1, 19811, or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1) of this section, shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. "SEC. 10. As used in sections 5, 6, 7, 8, and 9 of this Act, the term "(1) 'former fifth circuit' means the fifth judicial circuit of the United States as in existence on the day before the effective date of this Act [Oct. 1, 1981]; "(2) the term 'new fifth circuit' means the fifth judicial circuit of the United States established by the amendment made by section 2(2) of this Act [amending item relating to the fifth circuit in this section]; and "(3) the term 'eleventh circuit' means the eleventh judicial circuit of the United States established by the amendment made by section 2(3) of this Act [adding item relating to the eleventh circuit in this section]." ADMINISTRATIVE ACTION BY FIFTH CIRCUIT COURT OF APPEALS; TERMINATION OF Court Section 11 of Pub. L. 96-452 provided that: "The court of appeals for the fifth circuit as constituted on the day before the effective date of this Act [Oct. 1, 1981] may take such administrative action as may be required to carry out this Act [amending sections 41, 44, and 48 of this title, and enacting provisions set out as notes under this section]. Such court shall cease to exist for administrative purposes on July 1, 1984." APPEALS COURt AdministrATIVE UNITS Pub. L. 95-486, § 6, Oct. 20, 1978, 92 Stat. 1633, provided that: "Any court of appeals having more than 15 active judges may constitute itself into administrative units complete with such facilities and staff as may be prescribed by the Administrative Office of the United Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97-92, set out as a note under section 5318 of Title 5. Salaries of circuit judges increased to $70,900 effective on the first day of the first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to Pub. L. 96-369 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1980, which was $60,662.50. Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, as amended, set out as a note under section 5318 of Title 5. Salaries of circuit judges increased to $65,000 effective on the first day of the first applicable pay period beginning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, set out as a note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96-86 funds appropriated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or office in effect on Sept. 30, 1978, which was $60,662.50 for circuit judges. Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a note under section 5318 of Title 5. Salaries of circuit judges increased to $60,700 effective on the first day of the first pay period beginning on or after Oct. 1, 1978, by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, set out as a note under section 5332 of Title 5. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979 [Pub. L. 95-391, title III, § 304, Sept. 30, 1978, 92 Stat. 788, set out as a note under section 5318 of Title 5], funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $57,500. ADDITIONAL CIRCUIT JUDGESHIPS Section 3(a) of Pub. L. 95-486 provided that: "The President shall appoint, by and with the advice and consent of the Senate, one additional circuit judgeship for the first circuit, two additional circuit judgeships for the second circuit, one additional circuit judgeship for the third circuit, three additional circuit judgeships for the fourth circuit, eleven additional circuit judgeships for the fifth circuit, two additional circuit judgeships for the sixth circuit, one additional circuit judgeship for the seventh circuit, one additional circuit judgeship for the eighth circuit, ten additional circuit judgeships for the ninth circuit, one additional circuit judgeship for the tenth circuit, and two additional circuit judgeships for the District of Columbia." EXECUTIVE ORDER No. 11972 Ex. Ord. No. 11972, Feb. 14, 1977, 42 F.R. 9659, as amended by Ex. Ord. No. 11993, May 24, 1977, 42 F.R. 27197, formerly set out as a note under this section, which related to the United States Circuit Judge Nominating Commission, was revoked by Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, set out as a note below. EXECUTIVE ORDER NO. 12059 Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, as amended by Ex. Ord. No. 12097, Nov. 8, 1978, 43 Stat. 52455, which established the United States Circuit Judge Nominating Commission and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. § 45. Chief judges; precedence of judges EFFECTIVE DATE OF 1958 AMENDMENT Section 3 of Pub. L. 85-593, as amended by Pub. L. 95-486, § 4, Oct. 20, 1978, 92 Stat. 1632, provided that: "The amendments to sections 45 and 136 of title 28 of the United States Code made by this Act shall take effect at the expiration of one year from the date of enactment [Aug. 6, 1958] of this Act." § 46. Assignment of judges; panels; hearings; quorum [See main edition for text of (a) and (b)] (c) Cases and controversies shall be heard and determined by a court or panel of not more than three judges, unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service. [See main edition for text of (d)] (As amended Oct. 20, 1978, Pub. L. 95-486, § 5(a), (b), 92 Stat. 1633.) AMENDMENTS 1978-Pub. L. 95-486, § 5(b), substituted "panels" for "divisions" in section catchline. Subsec. (c). Pub. L. 95-486, § 5(a), substituted "panel" for "division" and struck out provision authorizing a retired circuit judge to sit as a judge of the court in banc in the rehearing of a case if he sat in the court or division in the original hearing of such case. § 48. Terms of court Terms or sessions of courts of appeals shall be held annually at the places listed below, and at such other places within the respective circuits as may be designated by rule of court. Each court of appeals may hold special terms at any place within its circuit. 1980-Pub. L. 96-452 substituted "New Orleans, Fort Worth, Jackson" for "New Orleans, Atlanta, Fort Worth, Jacksonville, Montgomery" in item relating to the fifth circuit, and added item relating to the eleventh circuit. 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 an Effective Date of 1980 Amendment note under section 41 of this title. § 49. Assignment of judges to division to appoint special prosecutors (a) Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned 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 special prosecutors. (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 assignments 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 justices. (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 senior 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 39 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 39 of this title involving a special prosecutor shall be eligible to participate in any judicial proceeding concerning a matter which involves such special prosecutor while such special prosecutor is serving in that office or which involves the exercise of such special prosecutor's official duties, regardless of whether such special prosecutor is still serving in that office. (Added Pub. L. 95-521, title VI, § 602(a), Oct. 26, 1978, 92 Stat. 1873.) REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978. Chapter 39 of this title, referred to in subsec. (f), means chapter 39 (§ 591 et seq.) of this title which was added by Pub. L. 95-521. EFFECTIVE DATE Section effective Oct. 26, 1978, see section 604 of Pub. L. 95-521, set out as an Effective Date note under section 591 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 593, 595 of this title. CHAPTER 5-DISTRICT COURTS SHORT TITLE OF 1978 AMENDMENTS For Short Title of Pub. L. 95-408, Oct. 2, 1978, 92 Stat. 883, as "Federal District Court Organization Act of 1978", see Short Title note set out under section 1 of this title. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 451, 1869 of this title; title 18 section 3006A; title 22 section 1623; title 42 section 8768. CROSS REFERENCES Northern Mariana Islands district court, see sections 1694 to 1694e of Title 48, Territories and Insular Possessions. § 84. California California is divided into four judicial districts to be known as the Northern, Eastern, Central, and Southern Districts of California. [See main edition for text of (a) and (b)] (c) 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. [See main edition for text of (d)] (As amended Oct. 15, 1980, Pub. L. 96-462, § 2, 94 Stat. 2053.) AMENDMENTS 1980-Subsec. (c). Pub. L. 96-462 inserted "and Santa Ana" following "at Los Angeles”. EFFECTIVE DATE OF 1980 Amendment; SAVINGS Section 7 of Pub. L. 96-462 provided that: "(a) This Act and the amendments made by this Act [amending sections 84, 95, 105, 113, and 124 of this title and enacting provisions set out as notes under sections 84, 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 summoned, empaneled, or actually serving in any judicial district on the effective date of this Act [Oct. 1, 1981]." 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 business of the Central District of California and the Eastern 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 districts. § 89. Florida Florida is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Florida. Northern District (a) The Northern District comprises the counties of Alachua, Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington. Court for the Northern District shall be held at Gainesville, Marianna, Panama City, Pensacola, and Tallahassee. Middle District (b) The Middle District comprises the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Columbia, De Soto, Duval, Flagler, Hamilton, Hardee, Hernando, Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia. Court for the Middle District shall be held at Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint Petersburg, and Tampa. Southern District (c) The Southern District comprises the counties of Broward, Collier, Dade, Glades, Hendry, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie. Court for the Southern District shall be (As amended Oct. 2, 1978, Pub. L. 95-408, § 4(a), 92 Stat. 884.) AMENDMENTS 1978-Subsec. (a). Pub. L. 95-408, § 4(a)(1), added Madison to the counties comprising the Northern District. Subsec. (b). Pub. L. 95-408, § 4(a)(2), deleted Madison from the counties comprising the Middle District. EFFECTIVE DATE OF 1978 Amendment; SavingS Section 5 of Pub. L. 95-408 provided that: "(a) The amendments made by this Act [amending sections 89, 93, 97, 98, 104, 112, 114, and 133 of this title and enacting provisions set out as a note under section 81 of this title] shall take effect 180 days after the date of enactment of this Act [Oct. 2, 1978]). "(b) Nothing in this Act [amending sections 89, 93, 97, 98, 104, 112, 114, and 133 of this title and enacting provisions set out as a note under section 81 of this title] shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act." § 93. Illinois Illinois is divided into three judicial districts to be known as the Northern, Central, and Southern Districts of Illinois. Northern District (a) The Northern District comprises two divisions. (1) The Eastern Division comprises the counties of Cook, De Kalb, Du Page, Grundy, Kane, Kendall, Lake, La Salle, McHenry, and Will. Court for the Eastern Division shall be held at Chicago. (2) The Western Division comprises the counties of Boone, Carroll, Jo Daviess, Lee, Ogle, Stephenson, Whiteside, and Winnebago. Court for the Western Division shall be held at Freeport and Rockford. Central District (b) The Central District comprises the counties of Adams, Brown, Bureau, Cass, Champaign, Christian, Coles, De Witt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, Henderson, Henry, Iroquois, Kankakee, Knox, Livingston, Logan, McDonough, McLean, Macoupin, Macon, Marshall, Mason, Menard, Mercer, Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Putnam, Rock Island, Sangamon, Schuyler, Scott, Shelby, Stark, Tazewell, Vermilion, Warren, and Woodford. Court for the Central District shall be held at Danville, Peoria, Quincy, Rock Island, and Springfield. Southern District (c) The Southern District comprises the counties of Alexander, Bond, Calhoun, Clark, Clay, Clinton, Crawford, Cumberland, Edwards, Effingham, Fayette, Franklin, Gallatin, Hamilton, Hardin,' Jackson, Jasper, Jefferson, Jersey, Johnson, Lawrence, Madison, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, St. Clair, Saline, Union, Wabash, Washington, Wayne, White, and Williamson. Court for the Southern District shall be held at Alton, Benton, Cairo, and East Saint Louis. (As amended Oct. 2, 1978, Pub. L. 95-408, § 4(b)(1), 92 Stat. 884; Nov. 2, 1978, Pub. L. 95-573, § 1, 92 Stat. 2458.) AMENDMENTS 1978-Pub. L. 95-408 substituted in introductory provisions "Northern, Central, and Southern Districts of Illinois" for "Northern, Southern, and Eastern Districts of Illinois". |