Title 28 — Judiciary and Judicial Procedure
Part I · Chapter 5 — District Courts
§ 132. Creation and composition of district courts
Statutory text
There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.
Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court.
Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 132
June 25, 1948, ch. 646, 62 Stat. 895
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 895Pub. L. 88–176 § 2 · 77 Stat. 331
Inserted · 28 U.S.C. § 132(b)
Pub. L. 88–176 inserted “regular” before “active service”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 88–176 inserted “regular” before “active service”.Enacted provision · exact public law section
Sec. 2. Paragraph (b) of section 132 of title 28, United States Code, is amended to read as follows: 62 Stat. 895. “(b) Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court.”
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 1, and section 641 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1087; July 30, 1914, ch. 216, 38 Stat. 580; July 19, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 19).
Section consolidates section 1 of title 28, U.S.C., 1940 ed., and section 641 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect the consolidation.
Subsection (c) is derived from section 641 of title 48, U.S.C., 1940 ed., which applied only to the Territory of Hawaii. The revised section, by extending it to all districts, merely recognizes established practice.
Other portions of section 1 of title 28, U.S.C., 1940 ed., are incorporated in sections 133 and 134 of this title. The remainder of section 641 of title 48, U.S.C., 1940 ed., is incorporated in sections 91 and 133 of this title.
Editorial Notes
Amendments
1963—Subsec. (b). Pub. L. 88–176 inserted “regular” before “active service”.
Statutory Notes and Related Subsidiaries
Continuation of Organization of Court
Act June 25, 1948, ch. 646, § 2(b), 62 Stat. 985, provided in part that the provisions of this title as set out in section 1 of act , with respect to the organization of the court, shall be construed as a continuation of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on , shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title pursuant to his prior appointment.
Credits
1948–1963 · 2 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 895
- 1963Pub. L. 88–176, § 2, , 77 Stat. 331.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 88–176, § 2, , 77 Stat. 331.)