§ 332. Judicial councils of circuits

Footnotes

1. 1 See References in Text note below.

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.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 332

   June 25, 1948, ch. 646, 62 Stat. 902

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 902

2. 1963

   Pub. L. 88–176 § 3 · 77 Stat. 331

   Inserted · 28 U.S.C. § 332

   Pub. L. 88–176 inserted “regular” before “active service” in first sentence

   Source evidence

   Code amendment note
   Pub. L. 88–176 inserted “regular” before “active service” in first sentence.

   Enacted provision · exact public law section
   Sec. 3. The first sentence of section 332 of title 28, United States 62 Stat. 902. Code, is amended to read as follows: “The chief judge of each circuit shall call, at least twice in each year and at such places as he may designate, a council of the circuit judges for the circuit, in regular active service, at which he shall preside.”

3. 1971

   Pub. L. 91–647 · 84 Stat. 1907

   1. Amended · 28 U.S.C. § 332

      Pub. L. 91–647 designated existing four paragraphs as subsecs. (a), (b), (c), and (d), respectively

   2. Added · 28 U.S.C. § 332

      Pub. L. 91–647 added subsecs. (e) and (f)

   Source evidence

   Code amendment note
   Pub. L. 91–647 designated existing four paragraphs as subsecs. (a), (b), (c), and (d), respectively, and added subsecs. (e) and (f).

4. 1978

   Pub. L. 95–598 title II § 209 · 92 Stat. 2549

   Inserted · 28 U.S.C. § 332(d)

   Pub. L. 95–598 directed the amendment of subsec. (d) by inserting “and bankruptcy judges” after “The district judges”, which amendment 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

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–598 directed the amendment of subsec. (d) by inserting “and bankruptcy judges” after “The district judges”, which amendment 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.

   Enacted provision · exact public law section
   Sec. 209. Section 332(d) of title 28 of the United States Code is amended by inserting “and bankruptcy judges” immediately after “The district judges”.

5. 1980

   Judicial Councils Reform and Judicial Conduct and Disability Act of 1980

   Pub. L. 96–458 § 2(d)(1) · 94 Stat. 2035

   Substituted · 28 U.S.C. § 332

   Pub. L. 96–458, § 2(d)(1), substituted “Judicial councils of circuits” for “Judicial councils” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 96–458, § 2(d)(1), substituted “Judicial councils of circuits” for “Judicial councils” in section catchline.

   Enacted provision · exact public law section
   (1) The section heading for section 332 of title 28, United States Code, is amended to read as follows: “§332. Judicial councils of circuits”.

6. 1980

   Judicial Councils Reform and Judicial Conduct and Disability Act of 1980

   Pub. L. 96–458 § 2(a) · 94 Stat. 2035

   1. Substituted · 28 U.S.C. § 332(a)

      Pub. L. 96–458, § 2(a), in par. (1) designated existing provisions as introductory provision and in such introductory provision substituted “each judicial circuit” for “each circuit”

   2. Substituted · 28 U.S.C. § 332(a)

      Pub. L. 96–458, § 2(a), in par. (1) substituted “a meeting of the judicial council of the circuit, consisting of—” for “a council of the circuit judges for the circuit, in regular active service, at which he shall preside. Each circuit judge, unless excused by the chief judge, shall attend all sessions of the council.”

   3. Added · 28 U.S.C. § 332(a)

      Pub. L. 96–458, § 2(a), in par. (1) added subpars. (A) to (C) and pars. (2) to (7)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–458, § 2(a), in par. (1) designated existing provisions as introductory provision and in such introductory provision substituted “each judicial circuit” for “each circuit”, substituted “a meeting of the judicial council of the circuit, consisting of—” for “a council of the circuit judges for the circuit, in regular active service, at which he shall preside. Each circuit judge, unless excused by the chief judge, shall attend all sessions of the council.”, and added subpars. (A) to (C) and pars. (2) to (7).

   Enacted provision · exact public law section
   (a) Section 332(a) of title 28, United States Code, is amended Meetings. to read as follows: (1) The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he may designate, a meeting of the judicial council of the circuit, consisting of— “(A) the chief judge of the circuit, who shall preside; “(B) that number of circuit judges fixed by majority vote of all such judges in regular active service; and “(C) that number of district judges of the circuit fixed by majority vote of all circuit judges in regular active service, except that— “(i) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is less than six, the number of district judges fixed in accordance with this subparagraph shall be no less than two; and “(ii) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is six or more, the number of district judges fixed in accordance with this subparagraph shall be no less than three. “(2) Members of the council shall serve for terms established by a majority vote of all judges of the circuit in regular active service. “(3) The number of circuit and district judges fixed in accordance with paragraphs (1)(B) and (1)(C) of this subsection shall be set by order of the court of appeals for the circuit no less than six months prior to a scheduled meeting of the council so constituted. “(4) Only circuit and district judges in regular active service shall serve as members of the council. “(5) No more than one district judge from any one district shall serve simultaneously on the council, unless at least one district judge from each district within the circuit is already serving as a member of the council. “(6) In the event of the death, resignation, retirement, or disability Replacement members. of a member of the council, a replacement member shall be designated to serve the remainder of the unexpired term by the chief judge of the circuit. “(7) Each member of the council shall attend each council meeting unless excused by the chief judge of the circuit.”.

7. 1980

   Judicial Councils Reform and Judicial Conduct and Disability Act of 1980

   Pub. L. 96–458 § 2(b) · 94 Stat. 2035

   Substituted · 28 U.S.C. § 332(c)

   Pub. L. 96–458, § 2(b), substituted “semiannually” for “quarterly”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–458, § 2(b), substituted “semiannually” for “quarterly”.

   Enacted provision · exact public law section
   (b) Section 332(c) of title 28, United States Code, is amended by striking out “quarterly” and inserting in lieu thereof “semi-annually”.

8. 1980

   Judicial Councils Reform and Judicial Conduct and Disability Act of 1980

   Pub. L. 96–458 § 2(c) · 94 Stat. 2035

   1. Amended · 28 U.S.C. § 332(d)

      Pub. L. 96–458, § 2(c), amended subsec. (d) generally

   2. Amended · 28 U.S.C. § 332(d)

      Pub. L. 96–458, § 2(c), designating existing provisions as par. (1)

   3. Inserted · 28 U.S.C. § 332(d)

      Pub. L. 96–458, § 2(c), inserting “and appropriate” after “all necessary”

   4. Substituted · 28 U.S.C. § 332(d)

      Pub. L. 96–458, § 2(c), substituting “justice within its circuit” for “the business of the courts within its circuit”

   5. Struck · 28 U.S.C. § 332(d)

      Pub. L. 96–458, § 2(c), striking out “The district judges shall promptly carry into effect all orders of the judicial council.” after “within its circuit.”

   6. Inserted · 28 U.S.C. § 332(d)

      Pub. L. 96–458, § 2(c), inserting provisions relating to the holding of hearings, taking of testimony, the issuance of subpoenas and service thereof under the Federal Rules of Civil Procedure

   7. Added · 28 U.S.C. § 332(d)

      Pub. L. 96–458, § 2(c), adding pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 96–458, § 2(c), amended subsec. (d) generally, designating existing provisions as par. (1), inserting “and appropriate” after “all necessary”, substituting “justice within its circuit” for “the business of the courts within its circuit”, striking out “The district judges shall promptly carry into effect all orders of the judicial council.” after “within its circuit.”, inserting provisions relating to the holding of hearings, taking of testimony, the issuance of subpoenas and service thereof under the Federal Rules of Civil Procedure, and adding pars. (2) and (3).

   Enacted provision · exact public law section
   (c) Section 332(d) of title 28, United States Code, is amended to read as follows: “(d) (1) Each judicial council shall make all necessary and appropriate orders for the effective and expeditious administration of justice within its circuit. Each council is authorized to hold hearings, to take sworn testimony, and to issue subpoenas and subpoenas duces tecum. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the court of appeals, at the direction of the chief judge of the circuit or his designee and under the seal of the court, and shall be served in the 28 USC app. manner provided in rule 45(c) of the Federal Rules of Civil Procedure for subpoenas and subpoenas duces tecum issued on behalf of the United States or an officer or agency thereof. “(2) All judicial officers and employees of the circuit shall promptly carry into effect all orders of the judicial council. “(3) Unless an impediment to the administration of justice is involved, regular business of the courts need not be referred to the council.”.

9. 1988

   The Judiciary Appropriations Act, 1989

   Pub. L. 100–459 title IV § 407 · 102 Stat. 2186

   Substituted · 28 U.S.C. § 332(f)

   Pub. L. 100–459 substituted “level IV” for “level V”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–459 substituted “level IV” for “level V”.

   Enacted provision · exact public law section
   Sec. 407. The second paragraph of section 332(f) of title 28, United States Code, is amended by striking “level V” and inserting in lieu thereof “level IV”. This title may be cited as “The Judiciary Appropriations Act, 1989”.

10. 1988

    Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 § 1020(a)(1) · 102 Stat. 4642

    Substituted · 28 U.S.C. § 332(c)

    Pub. L. 100–702, § 1020(a)(1), substituted “semiannual” for “semi-annually”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–702, § 1020(a)(1), substituted “semiannual” for “semi-annually”.

    Enacted provision · exact public law section
    (1) Section 332(c) is amended by striking out “semiannually” and inserting in lieu thereof “semiannual”.

11. 1988

    Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 § 403(b) · 102 Stat. 4642

    Inserted · 28 U.S.C. § 332(d)(1)

    Pub. L. 100–702, § 403(b), inserted after first sentence “Any general order relating to practice and procedure shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such order so relating shall take effect upon the date specified by such judicial council. Copies of such orders so relating shall be furnished to the Judicial Conference and the Administrative Office of the United States Courts and be made available to the public.”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 100–702, § 403(b), inserted after first sentence “Any general order relating to practice and procedure shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such order so relating shall take effect upon the date specified by such judicial council. Copies of such orders so relating shall be furnished to the Judicial Conference and the Administrative Office of the United States Courts and be made available to the public.”

    Enacted provision · exact public law section
    (b) Orders by Circuit Judicial Councils.— Section 332(d)(1) is amended by inserting after the first sentence the following new sentence: “Any general order relating to practice and procedure shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such order so relating Public information. shall take effect upon the date specified by such judicial council. Copies of such orders so relating shall be furnished to the Judicial Conference and the Administrative Office of the United States Courts and be made available to the public”.

12. 1988

    Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 § 403(a)(2) · 102 Stat. 4642

    Added · 28 U.S.C. § 332(d)(4)

    Pub. L. 100–702, § 403(a)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 100–702, § 403(a)(2), added par. (4).

    Enacted provision · exact public law section
    (2) Section 332(d) is amended by adding at the end the following new paragraph: “(4) Each judicial council shall periodically review the rules which are prescribed under section 2071 of this title by district courts within its circuit for consistency with rules prescribed under section 2072 of this title. Each council may modify or abrogate any such rule found inconsistent in the course of such a review.”.

13. 1988

    Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 § 1018(1) · 102 Stat. 4642

    Substituted · 28 U.S.C. § 332(e)

    Pub. L. 100–702, § 1018(1), substituted “executive. In appointing a circuit executive, the judicial council shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training.” for “executive from among persons who shall be certified by the Board of Certification.” in first sentence

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–702, § 1018(1), substituted “executive. In appointing a circuit executive, the judicial council shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training.” for “executive from among persons who shall be certified by the Board of Certification.” in first sentence.

    Enacted provision · exact public law section
    (1) in subsection (e) by striking out “executive from among persons who shall be certified by the Board of Certification.” and inserting in lieu thereof “executive. In appointing a circuit executive, the judicial council shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training.”; and

14. 1988

    Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 § 1018(2) · 102 Stat. 4642

    1. Amended · 28 U.S.C. § 332(f)

       Pub. L. 100–702, § 1018(2), designated last four undesignated pars. as pars. (1) to (4), respectively

    2. Struck · 28 U.S.C. § 332(f)

       Pub. L. 100–702, § 1018(2), struck out former first undesignated par. which related to establishment, functions, and staffing of Board of Certification and setting standards for certification as qualified to be circuit executive

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–702, § 1018(2), designated last four undesignated pars. as pars. (1) to (4), respectively, and struck out former first undesignated par. which related to establishment, functions, and staffing of Board of Certification and setting standards for certification as qualified to be circuit executive.

    Enacted provision · exact public law section
    (2) in subsection (f) by striking out the first paragraph and by designating the remaining paragraphs as paragraphs (1), (2), (3), and (4), respectively.

15. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 323(a) · 104 Stat. 5089

    Amended · 28 U.S.C. § 332(a)(1)

    Pub. L. 101–650, § 323(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he may designate, a meeting of the judicial council of the circuit, consisting of—

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–650, § 323(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he may designate, a meeting of the judicial council of the circuit, consisting of—

    “(A) the chief judge of the circuit, who shall preside; “(B) that number of circuit judges fixed by majority vote of all such judges in regular active service; and “(C) that number of district judges of the circuit fixed by majority vote of all circuit judges in regular active service, except that— “(i) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is less than six, the number of district judges fixed in accordance with this subparagraph shall be no less than two; and “(ii) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is six or more, the number of district judges fixed in accordance with this subparagraph shall be no less than three.”

    Enacted provision · exact public law section
    (a) Composition of Councils.— Section 332(a)(1) of title 28, United States Code, is amended to read as follows: “(a) (1) The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he or she may designate, a meeting of the judicial council of the circuit, consisting of the chief judge of the circuit, who shall preside, and an equal number of circuit judges and district judges of the circuit, as such member is determined by majority vote of all such judges of the circuit in regular active services.’.

    Effective date note
    Pub. L. 101–650, title IV, § 407, Dec. 1, 1990, 104 Stat. 5124, provided that: “The amendments made by this subtitle [subtitle I (§§ 402–407) of title IV of Pub. L. 101–650, amending this section, sections 372, 453, and 2077 of this title, and provisions set out in the Appendix to Title 5, Government Organization and Employees] shall take effect 90 days after the date of the enactment of this Act [Dec. 1, 1990].”

16. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 323(b) · 104 Stat. 5089

    1. Redesignated · 28 U.S.C. § 332(a)(3)(7)

       Pub. L. 101–650, § 323(b), redesignated pars. (4) to (7) as (3) to (6), respectively

    2. Struck · 28 U.S.C. § 332(a)(3)(7)

       Pub. L. 101–650, § 323(b), struck out former par. (3) which read as follows: “The number of circuit and district judges fixed in accordance with paragraphs (1)(B) and (1)(C) of this subsection shall be set by order of the court of appeals for the circuit no less than six months prior to a scheduled meeting of the council so constituted.”

    Source evidence

    Code amendment note
    Subsec. (a)(3) to (7). Pub. L. 101–650, § 323(b), redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which read as follows: “The number of circuit and district judges fixed in accordance with paragraphs (1)(B) and (1)(C) of this subsection shall be set by order of the court of appeals for the circuit no less than six months prior to a scheduled meeting of the council so constituted.”

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 332(a) of title 28, United States Code, is amended by striking out paragraph (3) and redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively.

    Effective date note
    Pub. L. 101–650, title IV, § 407, Dec. 1, 1990, 104 Stat. 5124, provided that: “The amendments made by this subtitle [subtitle I (§§ 402–407) of title IV of Pub. L. 101–650, amending this section, sections 372, 453, and 2077 of this title, and provisions set out in the Appendix to Title 5, Government Organization and Employees] shall take effect 90 days after the date of the enactment of this Act [Dec. 1, 1990].”

17. 1990

    Judicial Discipline and Removal Reform Act of 1990

    Pub. L. 101–650 § 403 · 104 Stat. 5089

    Inserted · 28 U.S.C. § 332(d)(2)

    Pub. L. 101–650, § 403, inserted at end “In the case of failure to comply with an order made under this subsection or a subpoena issued under section 372(c) of this title, a judicial council or a special committee appointed under section 372(c)(4) of this title may institute a contempt proceeding in any district court in which the judicial officer or employee of the circuit who fails to comply with the order made under this subsection shall be ordered to show cause before the court why he or she should not be held in contempt of court.”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 101–650, § 403, inserted at end “In the case of failure to comply with an order made under this subsection or a subpoena issued under section 372(c) of this title, a judicial council or a special committee appointed under section 372(c)(4) of this title may institute a contempt proceeding in any district court in which the judicial officer or employee of the circuit who fails to comply with the order made under this subsection shall be ordered to show cause before the court why he or she should not be held in contempt of court.”

    Enacted provision · exact public law section
    SEC. 403. CONTEMPT POWER FOR CIRCUIT COUNCILS. Section 332(d)(2) of title 28, United States Code, is amended by adding at the end thereof the following: “In the case of failure to comply with an order made under this subsection or a subpoena issued under section 372(c) of this title, a judicial council or a special committee appointed under section 372(c)(4) of this title may institute a contempt proceeding in any district court in which the judicial officer or employee of the circuit who fails to comply with the order made under this subsection shall be ordered to show cause before the court why he or she should not be held in contempt of court.”.

    Effective date note
    Pub. L. 101–650, title IV, § 407, Dec. 1, 1990, 104 Stat. 5124, provided that: “The amendments made by this subtitle [subtitle I (§§ 402–407) of title IV of Pub. L. 101–650, amending this section, sections 372, 453, and 2077 of this title, and provisions set out in the Appendix to Title 5, Government Organization and Employees] shall take effect 90 days after the date of the enactment of this Act [Dec. 1, 1990].”

18. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 325(b)(1) · 104 Stat. 5089

    Substituted · 28 U.S.C. § 332(f)(1)

    Pub. L. 101–650, § 325(b)(1), substituted “under section 5315 of title 5” for “(5 U.S.C. 5316)”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 101–650, § 325(b)(1), substituted “under section 5315 of title 5” for “(5 U.S.C. 5316)”.

    Enacted provision · exact public law section
    (1) Section 332(f)(1) is amended by striking out “(5 U.S.C. 5316)” and inserting in lieu thereof “under section 5315 of title 5”.

    Effective date note
    Pub. L. 101–650, title IV, § 407, Dec. 1, 1990, 104 Stat. 5124, provided that: “The amendments made by this subtitle [subtitle I (§§ 402–407) of title IV of Pub. L. 101–650, amending this section, sections 372, 453, and 2077 of this title, and provisions set out in the Appendix to Title 5, Government Organization and Employees] shall take effect 90 days after the date of the enactment of this Act [Dec. 1, 1990].”

19. 1991

    Pub. L. 102–198 § 1 · 105 Stat. 1623

    1. Substituted · 28 U.S.C. § 332(a)(1)

       Pub. L. 102–198 substituted “such number” for “such member”

    2. Substituted · 28 U.S.C. § 332(a)(1)

       Pub. L. 102–198 substituted “service” for “services”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–198 substituted “such number” for “such member” and “service” for “services”.

    Enacted provision · exact public law section
    SECTION 1. JUDICIAL COUNCILS OF CIRCUITS. Section 332(a)(1) of title 28, United States Code, as amended by section 323 of the Judicial Improvements Act of 1990, is amended by— (1) striking “such member” and inserting “such number”; and (2) striking “services” and inserting “service”.

20. 1996

    Pub. L. 104–317 title II § 208 · 110 Stat. 3847

    Added · 28 U.S.C. § 332(g)

    Pub. L. 104–317 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–317 added subsec. (g).

    Enacted provision · exact public law section
    SEC. 208. REPORTS BY JUDICIAL COUNCILS RELATING TO MISCONDUCT AND DISABILITY ORDERS. Section 332 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: “(g) No later than January 31 of each year, each judicial council shall submit a report to the Administrative Office of the United States Courts on the number and nature of orders entered under this section during the preceding calendar year that relate to judicial misconduct or disability.”.

21. 2000

    Pub. L. 106–518 § 205(1) · 114 Stat. 2410

    1. Added · 28 U.S.C. § 332(a)(3)

       Pub. L. 106–518, § 205(1), added par. (3)

    2. Struck · 28 U.S.C. § 332(a)(3)

       Pub. L. 106–518, § 205(1), struck out former par. (3) which read as follows: “Only circuit and district judges in regular active service shall serve as members of the council.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 106–518, § 205(1), added par. (3) and struck out former par. (3) which read as follows: “Only circuit and district judges in regular active service shall serve as members of the council.”

    Enacted provision · exact public law section
    (1) by striking paragraph (3) and inserting the following: Except for the chief judge of the circuit, either judges in regular active service or judges retired from regular active service under section 371(b) of this title may serve as members of the council. Service as a member of a judicial council by a judge retired from regular active service under section 371(b) may not be considered for meeting the requirements of section 371(f)(1) (A), (B), or (C).”; and

22. 2000

    Pub. L. 106–518 § 205(2) · 114 Stat. 2410

    Substituted · 28 U.S.C. § 332(a)(5)

    Pub. L. 106–518, § 205(2), substituted “retirement under section 371(a) or 372(a) of this title,” for “retirement,”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 106–518, § 205(2), substituted “retirement under section 371(a) or 372(a) of this title,” for “retirement,”.

    Enacted provision · exact public law section
    (2) in paragraph (5) by striking “retirement,” and inserting “retirement under section 371(a) or 372(a) of this title,”.

23. 2000

    Pub. L. 106–518 § 306 · 114 Stat. 2410

    Added · 28 U.S.C. § 332(h)

    Pub. L. 106–518, § 306, added subsec. (h) relating to circuit executive for United States Court of Appeals for the Federal Circuit, set out first

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–518, § 306, added subsec. (h) relating to circuit executive for United States Court of Appeals for the Federal Circuit, set out first.

    Enacted provision · exact public law section
    SEC. 306. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE FEDERAL CIRCUIT. Section 332 of title 28, United States Code, is amended by adding at the end the following: (1) The United States Court of Appeals for the Federal Circuit may appoint a circuit executive, who Shall serve at the pleasure of the court. In appointing a circuit executive, the court shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated by the court. The duties delegated to the circuit executive may include the duties specified in subsection (e) of this section, insofar as such duties are applicable to the Court of Appeals for the Federal Circuit. “(2) The circuit executive shall be paid the salary for circuit executives established under subsection (f) of this section. “(3) The circuit executive may appoint, with the approval of the court, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. “(4) The circuit executive and staff shall be deemed to be officers and employees of the United States within the meaning of the statutes specified in subsection (f)(4). “(5) The court may appoint either a circuit executive under this subsection or a clerk under section 711 of this title, but not both, or may appoint a combined circuit executive/clerk who shall be paid the salary of a circuit executive.”.

24. 2000

    Pub. L. 106–553 § 1(a)(2)(tIII)(s306) · 114 Stat. 2762

    Added · 28 U.S.C. § 332(h)

    Pub. L. 106–553 added subsec. (h) relating to circuit executive for United States Court of Appeals for the Federal Circuit, set out second

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–553 added subsec. (h) relating to circuit executive for United States Court of Appeals for the Federal Circuit, set out second.

    Enacted provision · exact public law section
    (2) H.R. 5548, as introduced on October 25, 2000.

25. 2002

    Judicial Improvements Act of 2002

    Pub. L. 107–273 § 11043(c)(1) · 116 Stat. 1758

    1. Substituted · 28 U.S.C. § 332(d)(2)

       Pub. L. 107–273, § 11043(c)(1), substituted “chapter 16 of this title” for “section 372(c) of this title”

    2. Substituted · 28 U.S.C. § 332(d)(2)

       Pub. L. 107–273, § 11043(c)(1), substituted “section 353 of this title” for “section 372(c)(4) of this title”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 107–273, § 11043(c)(1), substituted “chapter 16 of this title” for “section 372(c) of this title” and “section 353 of this title” for “section 372(c)(4) of this title”.

    Enacted provision · exact public law section
    (1) in subsection (d)(2)— (A) by striking “section 372(c) of this title” and inserting “chapter 16 of this title”; and (B) by striking “372(c)(4)” and inserting “353”; and

26. 2002

    Judicial Improvements Act of 2002

    Pub. L. 107–273 § 11043(c)(2) · 116 Stat. 1758

    Struck · 28 U.S.C. § 332(h)

    Pub. L. 107–273, § 11043(c)(2), struck out subsec. (h) as added by Pub. L. 106–553, which read as follows:

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 107–273, § 11043(c)(2), struck out subsec. (h) as added by Pub. L. 106–553, which read as follows:

    “(h)(1) The United States Court of Appeals for the Federal Circuit may appoint a circuit executive, who shall serve at the pleasure of the court. In appointing a circuit executive, the court shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated by the court. The duties delegated to the circuit executive may include but need not be limited to the duties specified in subsection (e) of this section, insofar as they are applicable to the Court of Appeals for the Federal Circuit. “(2) The circuit executive shall be paid the salary for circuit executives established under subsection (f) of this section. “(3) The circuit executive may appoint, with the approval of the court, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. “(4) The circuit executive and staff shall be deemed to be officers and employees of the United States within the meaning of the statutes specified in subsection (f)(4). “(5) The court may appoint either a circuit executive under this subsection or a clerk under section 711 of this title, but not both, or may appoint a combined circuit executive/clerk who shall be paid the salary of a circuit executive.”

    Enacted provision · exact public law section
    (2) by striking the second subsection designated as subsection (h).

37 of 40 references resolved to an enrolled provision · 3 partial