§ 49. Assignment of judges to division to appoint independent counsels

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. 1978

   Ethics in Government Act of 1978

   Pub. L. 95–521 title VI § 602(a) · 92 Stat. 1824

   Enacted · 28 U.S.C. § 49

   Added Pub. L. 95–521, title VI, § 602(a), Oct. 26, 1978, 92 Stat. 1873

   Source evidence

   Code source credit
   Added Pub. L. 95–521, title VI, § 602(a), Oct. 26, 1978, 92 Stat. 1873

   Enacted provision · exact public law section
   (a) Chapter 3 of title 28 of the United States Code is amended by adding at the end the following: “§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 Priority. 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 Vacancy. 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.”.

2. 1983

   Pub. L. 97–409 § 2(b)(1)(B) · 96 Stat. 2039

   Substituted · 28 U.S.C. § 49

   Pub. L. 97–409, § 2(b)(1)(B), substituted “independent counsels” for “special prosecutors” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 97–409, § 2(b)(1)(B), substituted “independent counsels” for “special prosecutors” in section catchline.

   Enacted provision · exact public law section
   (B) striking out “special prosecutors” wherever it appears and inserting in lieu thereof “independent counsels”; and

3. 1983

   Pub. L. 97–409 § 2(b)(1)(B) · 96 Stat. 2039

   Substituted · 28 U.S.C. § 49(a)

   Pub. L. 97–409, § 2(b)(1)(B), substituted “independent counsels” for “special prosecutors”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–409, § 2(b)(1)(B), substituted “independent counsels” for “special prosecutors”.

   Enacted provision · exact public law section
   (B) striking out “special prosecutors” wherever it appears and inserting in lieu thereof “independent counsels”; and

4. 1983

   Pub. L. 97–409 § 2(b)(1)(A) · 96 Stat. 2039

   1. Substituted · 28 U.S.C. § 49(f)

      Pub. L. 97–409, § 2(b)(1)(A), (C), substituted “independent counsel” for “special prosecutor”

   2. Substituted · 28 U.S.C. § 49(f)

      Pub. L. 97–409, § 2(b)(1)(A), (C), substituted “independent counsel’s” for “special prosecutor’s”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 97–409, § 2(b)(1)(A), (C), substituted “independent counsel” for “special prosecutor” wherever appearing and “independent counsel’s” for “special prosecutor’s”.

   Enacted provision · exact public law section
   (A) striking out “special prosecutor” wherever it appears and inserting in lieu thereof “independent counsel”;

5. 1986

   Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

   Pub. L. 99–554 title I § 144(g)(3) · 100 Stat. 3088

   Substituted · 28 U.S.C. § 49(f)

   Pub. L. 99–554 substituted “chapter 40” for “chapter 39” in two places

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 99–554 substituted “chapter 40” for “chapter 39” in two places.

   Enacted provision · exact public law section
   (3) Section 49(f) of title 28, United States Code, is amended by striking out “chapter 39” each place it appears and inserting in lieu thereof “chapter 40”.

   Effective date note
   Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.

6. 1987

   Independent Counsel Reauthorization Act of 1987

   Pub. L. 100–191 § 4 · 101 Stat. 1293

   Inserted · 28 U.S.C. § 49(a)

   Pub. L. 100–191, § 4, inserted at end: “The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–191, § 4, inserted at end: “The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.”

   Enacted provision · exact public law section
   SEC. 4. CLERK OF THE DIVISION OF THE COURT. Section 49(a) of title 28, United States Code, is amended by adding at the end thereof the following: “The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.”.

7. 1987

   Independent Counsel Reauthorization Act of 1987

   Pub. L. 100–191 § 5(a) · 101 Stat. 1293

   Substituted · 28 U.S.C. § 49(f)

   Pub. L. 100–191, § 5(a), substituted “involving an independent counsel” for “involving a independent counsel”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 100–191, § 5(a), substituted “involving an independent counsel” for “involving a independent counsel”.

   Enacted provision · exact public law section
   (a) Title 28, United States Code.— Section 49(f) of title 28, United States Code, is amended by striking out “a independent” and inserting in lieu thereof “an independent”.

8 of 8 references resolved to an enrolled provision