Volume 68 · 9
Public Law 83–294
To provide for the appointment of additional circuit and district judges, and for other purposes.
Approved February 10, 1954
Statutory text
AN ACT
To provide for the appointment of additional circuit and district judges, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the President shall appoint, by and with the advice and consent of the Senate, one additional circuit judge for the fifth circuit and two additional circuit judges for the ninth circuit. In order that the table contained in
62 Stat. 871.
section 44 (a) of title 28 of the United States Code will reflect the changes made by this section in the number of circuit judges for said circuits, such table is amended to read as follows with respect to said circuits:
| “Districts | Number of judges |
|---|---|
| * * * * * * * | |
| Fifth | Seven |
| Ninth | Nine |
| * * * * * * *” |
Sec. 2.
The President shall appoint, by and with the advice
District judges.
and consent of the Senate, one additional district judge for the southern district of California, one additional district judge for the district of Colorado, one additional district judge for the district of Delaware, one additional district judge for the southern district of Florida, one additional district judge for the district of Idaho, one additional district judge for the northern district of Indiana, one additional district judge for the southern district of Indiana, one additional district judge for the western district of Kentucky, one additional district judge for the district of Massachusetts, one additional district judge for the eastern district of Michigan, one additional district judge for the western district of Michigan, one additional district judge for the district of New Jersey, two additional district judges for the southern district of New York, one additional district judge for the district of North Dakota, one additional district judge for the northern district of Ohio, one additional district judge for the eastern district of Pennsylvania, one additional district judge for the western district of Pennsylvania, one additional district judge for the eastern district of Texas, one additional district judge for the eastern district of Virginia, and one additional district judge for the eastern district of Wisconsin.
The existing judgeship for the eastern and western districts of Missouri, created by the Act entitled “An Act to provide for the appointment of an additional district judge for the eastern and western districts of Missouri”, approved December 24, 1942 (56 Stat. 1083), the existing judgeship for the southern district of Texas created by section 2 (d) of the Act entitled “An Act to provide for the appointment of additional circuit and district judges and for other purposes”, approved August 3, 1949 ( 63 Stat. 495), and the existing judgeship for the
Post, p. 11.
northern and southern districts of West Virginia, created by the Act entitled “An Act to provide for the appointment of an additional district judge for the northern and southern districts of West Virginia”, approved June 22, 1936 (49 Stat. 1805), shall be permanent
judgeships.
In order that the table contained in section 133 of title 28 of
62 Stat. 895.
the United States Code will reflect the changes made by this subsection in the number of permanent judgeships for certain districts, such table is amended to read as follows with respect to said districts:
| “Districts | Judges |
|---|---|
| California: | |
| * * * * * * * | |
| Southern | 11 |
| Colorado | 2 |
| * * * * * * * | |
| Delaware | 3 |
| * * * * * * * | |
| Florida: | |
| * * * * * * * | |
| Southern | 1 |
| * * * * * * * | |
| Idaho | 3 |
| * * * * * * * | |
| Indiana: | |
| Northern | 2 |
| Southern | 2 |
| * * * * * * * | |
| Kentucky: | |
| * * * * * * * | |
| Western | 2 |
| * * * * * * * | |
| Massachusetts | 5 |
| Michigan: | |
| Eastern | 6 |
| Western | 2 |
| * * * * * * * |
| “Districts | Judges |
|---|---|
| Missouri: | |
| * * * * * * * | |
| Eastern and Western | 2 |
| * * * * * * * | |
| New Jersey | 7 |
| * * * * * * * | |
| New York: | |
| * * * * * * * | |
| Southern | 18 |
| * * * * * * * | |
| North Dakota | 2 |
| Ohio: | |
| Northern | 5 |
| * * * * * * * | |
| Pennyslvania: | |
| Eastern | 8 |
| * * * * * * * | |
| Western | 5 |
| * * * * * * * | |
| Texas: | |
| Southern | 4 |
| Eastern | 2 |
| * * * * * * * | |
| Virginia: | |
| Eastern | 3 |
| * * * * * * * | |
| West Virginia: | |
| * * * * * * * | |
| Northern and Southern | 3 |
| Wisconsin: | |
| Eastern | 3 |
| * * * * * * * |
The President shall appoint, by and with the advice and
New Mexico.
consent of the Senate, one additional district judge for the district of New Mexico. The first vacancy occurring in the office of district judge in said district shall not be filled.
The President shall appoint, by and with the advice and consent
Nevada.
of the Senate, one additional district judge for the district of Nevada. The first vacancy occurring in the office of district judge in said district shall not be filled.
The President shall appoint, by and with the advice and consent
South Dakota.
of the Senate, one additional district judge for the district of South Dakota. The first vacancy occurring in the office of district judge in said district shall not be filled.
The President shall appoint, by and with the advice and consent
Tennessee.
of the Senate, one additional district judge for the middle district of Tennessee. The first vacancy occurring in the office of district judge in said district shall not be filled.
The President shall appoint, by and with the advice and consent
Pennsylvania.
of the Senate, one additional district judge for the western district of Pennsylvania. The first vacancy occurring in the office of district judge in said district shall not be filled.
The President shall appoint, by and with the advice and consent
Utah.
of the Senate, one additional district judge for the district of Utah. The first vacancy occurring in the office of district judge in said district shall not be filled.
The second sentence of section 94 (a) (3) of title 28 of the
Indiana.
62 Stat. 878.
United States Code is hereby amended to read as follows: “Court for the Hammond Division shall be held at Hammond and Lafayette.”
(a) Section 102 (a) (1) of title 28 of the United States Code
62 Stat. 882.
Michigan.
is amended to read as follows:
“(1) The Southern Division comprises the counties of Jackson. Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair. Sanilac, Washtenaw, and Wayne.
“Court for the Southern Division shall be held at Detroit and Port Huron.”
The second sentence of section 102 (a) (2) of title 28 of the United States Code is amended to read as follows: “Court for the Northern Division shall be held at Bay City and Flint.”
Section 102 (b) (1) of title 28 of the United States Code is amended to read as follows:
“(1) The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie. Berrien. Branch. Calhoun, Cass. Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee. Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa. Saint Joseph, Van Buren, and Wexford.
“Court for the Southern Division shall be held at Grand Rapids, Kalamazoo, and Mason.”
The second sentence of section 115 (a) (1) of title 28 of the
Ohio.
62 Stat. 887.
United States Code is hereby amended to read as follows: “Court for the Eastern Division shall be held at Cleveland, Youngstown, and Akron.”
The first sentence of subsection (d) (4) of section 124 of title 28
Texas.
62 Stat. 893.
of the United States Code is hereby amended to read as follows: “(4) The San Antonio Division comprises the counties of Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson.”
The first sentence of subsection (d) (5) of section 124 of title 28 of the United States Code is hereby amended to read as follows:
“(5) The Del Rio Division comprises the counties of Edwards, Kinney, Maverick, Terrell, Uvalde, Val Verde, and Zavalla.”
The present incumbent of the judgeship created by the Act entitled “An Act to provide for the appointment of an additional district judge for the eastern and western districts of Missouri”, approved December 24, 1942 (56 Stat. 1083), shall henceforth hold
such office under section 133 of title 28 of the United States Code, as amended by this Act.
The present incumbent of the judgeship for the southern district of Texas created by section 2 (d) of the Act entitled “An Act to provide for the appointment of additional circuit and district judges, and for other purposes”, approved August 3, 1949 (63 Stat. 495),
shall henceforth hold such office under section 133 of title 28 of the United States Code, as amended by this Act, and section 2 (d) of the said Act approved August 3, 1949, is repealed.
Repeal.
The present incumbent of the judgeship created by the Act entitled “An Act to provide for the appointment of an additional district judge for the northern and southern districts of West, Virginia”, approved June 22, 1936 (49 Stat. 1805), shall henceforth hold
such office under section 133 of title 28 of the United States Code, as amended by this Act.
Section 134 of title 28 of the United States Code is amended
62 Stat. 896.
to Tend as follows:
Ҥ 134. Tenure and residence of district judges.
“(a) The district judges, except in Hawaii and Puerto Rico, shall hold office during good behavior. The district judges in Hawaii and Puerto Rico shall hold office for terms of six and eight years, respectively, and until their successors are appointed and qualified.
“(b) Each district judge, except in the District, of Columbia, shall reside in the district or one of the districts for which he is appointed.
“(c) If the public interest and the nature of the business of a district court require that a district judge should maintain his abode at or near a particular place for holding court in the district or within a particular part of the district the judicial council of the circuit may so declare and may make an appropriate order. If the district judges of such a district are unable to agree as to which of them shall maintain his abode at or near the place or within the area specified in such an order the judicial council of the circuit may decide which of them shall do so.”
Orders made by the judicial councils of the circuits under the
Supra.
second sentence of subsection (c) of section 134 of title 28, as amended by this section, determining that a specified district judge shall maintain his abode at or near a place or within an area which the council has theretofore designated for the abode of a district judge under the first sentence of such subsection, shall be applicable only to district judges appointed after the enactment of this Act.
Sec. 3.
The first sentence of section 26 of the Organic Act of the
49 Stat. 1813.
Virgin Islands of the United States, as amended (48 U. S. C. 1405y), is amended to read as follows:
“The President shall, by and with the advice and consent of the Senate, appoint a judge for the District Court of the Virgin Islands who shall hold office for the term of eight years and until his successor is chosen and qualified unless sooner removed by the President for cause, and a district attorney who shall hold office for the term of four years and until his successor is chosen and qualified unless sooner removed by the President for cause.”
This section shall take effect upon its approval but shall not affect the term of any incumbent whose term has not yet expired.
Sec. 4.
Sections 371 and 372 of title 28, United States Code,
62 Stat. 903.
are hereby amended to read as follows:
Ҥ 371. Resignation or retirement for age.
“(a) Any justice or judge of the United States appointed to hold office during good behavior who resigns after attaining the age of seventy years and after serving at least ten years continuously or otherwise shall, during the remainder of his lifetime, continue to receive the salary which he was receiving when he resigned.
“(b) Any justice or judge of the United States appointed to hold office during good behavior may retain his office but retire from regular active service after attaining the age of seventy years and after serving at least ten years continuously or otherwise, or after attaining the age of sixty-five years and after serving at least fifteen years continuously or otherwise. He shall, during the remainder of his lifetime, continue to receive the salary of the office. The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires.
Ҥ 372. Retirement for disability; substitute judge on failure to retire.
“(a) Any justice or judge of the United States appointed to hold office during good behavior who becomes permanently disabled from performing his duties may retire from regular active service, and the President shall, by and with the advice and consent of the Senate, appoint a successor.
“Any justice or judge of the United States desiring to retire under this section shall certify to the President his disability in writing.
“Whenever an associate justice of the Supreme Court, a chief judge of a circuit or the chief judge of the Court of Claims, Court of Customs and Patent Appeals, or Customs Court, desires to retire under this section, he shall furnish to the President a certificate of disability signed by the Chief Justice of the United States.
“A circuit or district judge, desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his circuit.
“A judge of the Court of Claims, Court of Customs and Patent Appeals, or Customs Court desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his court.
“Each justice or judge retiring under this section after serving ten years continuously or otherwise shall, during the remainder or his lifetime, receive the salary of the office. A justice or judge retiring under this section who has served less than ten years in all shall, during the remainder of his lifetime, receive one-half the salary of the office.
The analysis of chapter 17 of title 28, United States Code, immediately preceding § 371 of such title, is amended by striking out the items “371. Resignation or retirement for age; substitute judge on failure to retire.” and “372. Retirement for disability.”, and inserting in lieu thereof the following:
Sec. 5.
Section 373 of title 28, United States Code, is amended to
62 Stat. 904.
read as follows:
Ҥ 373. Judges in Territories and Possessions.
“Any judge of the United States District Courts for the Districts of Hawaii or Puerto Rico, the District Court for the Territory of Alaska, the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, and any justice of the Supreme Court of the Territory of Hawaii who resigns after attaining the age of seventy years and after serving at least ten years, continuously or otherwise, or after attaining the age of sixty-five years and after serving at least fifteen years, continuously or otherwise, shall continue during the remainder of his life to receive the salary he received when he relinquished office.
“Any judge of any such courts who is removed by the President of the United States upon the sole ground of mental or physical disability, or who fails of reappointment, shall be entitled, upon attaining the age of sixty-five years or upon relinquishing office if he is then beyond the age of sixty-five years, (a) if his judicial service aggregated sixteen years or more, to receive during the, remainder of his life the salary he received when he relinquished office, or (b) if his judicial service aggregated less than sixteen years but not less than ten years, to receive during the remainder of his life that proportion of such salary which the aggregate number of years of his judicial service bears to sixteen.
“Service at any time in any of the courts referred to in the first paragraph, or in any other court under appointment by the President, shall be included in the computation of aggregate years of judicial service for the purposes of this section.”
Sec. 6.
The Act entitled “An Act to clarify the law relating to the filling of the first vacancy occurring in the office of district judge for the eastern district of Pennsylvania, and to provide for the appointment of an additional United States district judge for the eastern, middle, and western districts of Pennsylvania”, approved July 24, 1946
(60 Stat. 654), is amended by adding at the end of section 2 a new sentence to read as follows: “If a vacancy arises in the office of district judge for the middle district of Pennsylvania while the judge appointed pursuant to this section is holding the office created by this section, such judge shall thereafter be a district judge for the middle district of Pennsylvania.”
Approved February 10, 1954.