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Title 28 — Judiciary and Judicial Procedure

Part I · Chapter 15 — Conferences and Councils of Judges

§ 333. Judicial conferences of circuits

Statutory text

The chief judge of each circuit may summon biennially, and may summon annually, the circuit, district, magistrate, and bankruptcy judges of the circuit, in active service, to a conference at a time and place that he designates, for the purpose of considering the business of the courts and advising means of improving the administration of justice within such circuit. He may preside at such conference, which shall be known as the Judicial Conference of the circuit. The judges of the District Court of Guam, the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands may also be summoned biennially, and may be summoned annually, to the conferences of their respective circuits.

Every judge summoned may attend.

The court of appeals for each circuit shall provide by its rules for representation and active participation at such conference by members of the bar of such circuit.

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. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 333

    June 25, 1948, ch. 646, 62 Stat. 903

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 903

  2. Pub. L. 85–508 § 12(e) · 72 Stat. 339

    Struck · 28 U.S.C. § 333

    Pub. L. 85–508 struck out provisions which required judge of District Court for Territory of Alaska to be summoned annually to the conference of his circuit. See section 81A of this title which establishes a United States District Court for the State of Alaska

    Source evidence

    Code amendment note
    Pub. L. 85–508 struck out provisions which required judge of District Court for Territory of Alaska to be summoned annually to the conference of his circuit. See section 81A of this title which establishes a United States District Court for the State of Alaska.

    Enacted provision · exact public law section
    (e) The words “the District Court for the Territory of Alaska,” are stricken out wherever they appear in sections 333, 460, 610, 753, 1252, 1291, 1292, and 1346 of title 28, United States Code;

  3. Pub. L. 95–598 title II § 210 · 92 Stat. 2549

    Inserted · 28 U.S.C. § 333

    Pub. L. 95–598 inserted reference to bankruptcy judges

    Source evidence

    Code amendment note
    Pub. L. 95–598 inserted reference to bankruptcy judges.

    Enacted provision · exact public law section
    Sec. 210. Section 333 of title 28 of the United States Code is amended by striking out “and district” and inserting in lieu thereof “, district, and bankruptcy”.

    Effective date note
    Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

  4. Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 title III § 320 · 104 Stat. 5089

    1. Substituted · 28 U.S.C. § 333

      Pub. L. 101–650 substituted “biennially, and may summon annually,” for “annually”

    2. Struck · 28 U.S.C. § 333

      Pub. L. 101–650 struck out “the United States District Court for the District of the Canal Zone,” after “The judges of”

    3. Substituted · 28 U.S.C. § 333

      Pub. L. 101–650 substituted “the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands shall also be summoned biennially, and may be summoned annually,” for “and the District Court of the Virgin Islands shall also be summoned annually”

    Source evidence

    Code amendment note
    Pub. L. 101–650 substituted “biennially, and may summon annually,” for “annually”, struck out “the United States District Court for the District of the Canal Zone,” after “The judges of”, and substituted “the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands shall also be summoned biennially, and may be summoned annually,” for “and the District Court of the Virgin Islands shall also be summoned annually”.

    Enacted provision · exact public law section
    SEC. 320. BIENNIAL CIRCUIT JUDICIAL CONFERENCE. The first paragraph of section 333 of title 28, United States Code, is amended— (1) in the first sentence, by striking out “annually” and inserting “biennially, and may summon annually,”; and (2) in the last sentence— (A) by striking out “the United States District Court for the District of the Canal Zone,”; and (B) by striking out “and the District Court of the Virgin Islands shall also be summoned annually” and inserting in lieu thereof “the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands shall also be summoned biennially, and may be summoned annually,”.

  5. Pub. L. 104–134 § 101 · 110 Stat. 1321

    Substituted · 28 U.S.C. § 333

    Pub. L. 104–134, § 101[(a)] [title III, § 305(1)], in first par. substituted “may” for “shall” before “summon biennially”, “preside at such”, and “also be summoned”

    Source evidence

    Code amendment note
    Pub. L. 104–134, § 101[(a)] [title III, § 305(1)], in first par. substituted “may” for “shall” before “summon biennially”, “preside at such”, and “also be summoned”.

    Enacted provision · exact public law section
    Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  6. Pub. L. 104–134 § 101 · 110 Stat. 1321

    1. Substituted · 28 U.S.C. § 333

      Pub. L. 104–134, § 101[(a)] [title III, § 305(2)], in second par. substituted “may” for “shall” before “attend”

    2. Struck · 28 U.S.C. § 333

      Pub. L. 104–134, § 101[(a)] [title III, § 305(2)], in second par. struck out “, and unless excused by the chief judge, shall remain throughout the conference” before period at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–134, § 101[(a)] [title III, § 305(2)], in second par. substituted “may” for “shall” before “attend” and struck out “, and unless excused by the chief judge, shall remain throughout the conference” before period at end.

    Enacted provision · exact public law section
    Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  7. Judicial Administration and Technical Amendments Act of 2008

    Pub. L. 110–406 § 9 · 122 Stat. 4291

    Inserted · 28 U.S.C. § 333

    Pub. L. 110–406 inserted “magistrate,” after “district,” in first par

    Source evidence

    Code amendment note
    Pub. L. 110–406 inserted “magistrate,” after “district,” in first par.

    Enacted provision · exact public law section
    SEC. 9. MAGISTRATE JUDGE PARTICIPATION AT CIRCUIT CONFERENCES.   Section 333 of title 28, United States Code, is amended in the first sentence by inserting “magistrate,” after “district,”.

9 of 10 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 449, 450 (Mar. 3, 1911, ch. 231, §§ 307, 308, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223).

Section consolidates parts of sections 449 and 450 of title 28, U.S.C., 1940 ed.

Said section 450 contained definitions of “courts” and “continental United States,” and directions that sections 444–450 of title 28, U.S.C., 1940 ed., relating to the administration of United States courts, should apply to the courts of appeals, the United States Court of Appeals for the District of Columbia and to the several enumerated district courts of the United States, including those in the Territories and Possessions as well as the Court of Claims, Court of Customs and Patent Appeals, and Customs Court. It also provided that the Chief Justice and associate justices of the Court of Appeals for the District of Columbia should have the powers of the senior judge and circuit judges, respectively, of a circuit court of appeals.

The revised section omits, as surplusage, the definition of “continental United States.” Other provisions of section 450 of title 28, U.S.C., 1940 ed., referred to were omitted as unnecessary in view of section 604 of this title which provides for the powers and duties of the Director of the Administrative Office of the United States Courts. Remaining provisions of said section 450 are incorporated in said section 604 and section 610 of this title.

The provision as to travel and subsistence which was contained in said section 449 of title 28, U.S.C., 1940 ed., is incorporated in section 456 of this title.

Editorial Notes

Amendments1950–2008 · 7 rounds

2008

Pub. L. 110–406 inserted “magistrate,” after “district,” in first par.

1996

Pub. L. 104–134, § 101[(a)] [title III, § 305(1)], in first par. substituted “may” for “shall” before “summon biennially”, “preside at such”, and “also be summoned”.

Pub. L. 104–134, § 101[(a)] [title III, § 305(2)], in second par. substituted “may” for “shall” before “attend” and struck out “, and unless excused by the chief judge, shall remain throughout the conference” before period at end.

1990

Pub. L. 101–650 substituted “biennially, and may summon annually,” for “annually”, struck out “the United States District Court for the District of the Canal Zone,” after “The judges of”, and substituted “the District Court of the Virgin Islands, and the District Court of the Northern Mariana Islands shall also be summoned biennially, and may be summoned annually,” for “and the District Court of the Virgin Islands shall also be summoned annually”.

1978

Pub. L. 95–598 inserted reference to bankruptcy judges.

1958

Pub. L. 85–508 struck out provisions which required judge of District Court for Territory of Alaska to be summoned annually to the conference of his circuit. See section 81A of this title which establishes a United States District Court for the State of Alaska.

1951

Act , inserted reference to judge of District Court of Guam in first par.

1950

Act Dec., 29, 1950, provided for the presence of judges of District Courts of Alaska, Canal Zone, and the Virgin Islands at annual conferences within their respective circuits.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598 effective , see section 402(c) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–508 effective , on admission of Alaska into the Union pursuant to Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning , and ending midnight , see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, , 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

Credits

1948–2008 · 9 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 903
  2. 1950Dec. 29, 1950, ch. 1185, 64 Stat. 1128
  3. 1951Oct. 31, 1951, ch. 655, § 38, 65 Stat. 723
  4. 1958Pub. L. 85–508, § 12(e), , 72 Stat. 348
  5. 1978Pub. L. 95–598, title II, § 210, , 92 Stat. 2661
  6. 1990Pub. L. 101–650, title III, § 320, , 104 Stat. 5117
  7. 1996Pub. L. 104–134, title I, § 101[(a)] [title III, § 305], , 110 Stat. 1321, 1321–36
  8. 1996renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327
  9. 2008Pub. L. 110–406, § 9, , 122 Stat. 4293.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 903; Dec. 29, 1950, ch. 1185, 64 Stat. 1128; Oct. 31, 1951, ch. 655, § 38, 65 Stat. 723; Pub. L. 85–508, § 12(e), , 72 Stat. 348; Pub. L. 95–598, title II, § 210, , 92 Stat. 2661; Pub. L. 101–650, title III, § 320, , 104 Stat. 5117; Pub. L. 104–134, title I, § 101[(a)] [title III, § 305], , 110 Stat. 1321, 1321–36; renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327; Pub. L. 110–406, § 9, , 122 Stat. 4293.)

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