Part I.-ORGANIZATION OF COURTS

Chapter 1.-SUPREME COURT

§ 5. Salaries of justices.

The Chief Justice and each associate justice shall each receive a salary at annual rates determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of this title. (As amended Aug. 9, 1975, Pub. L. 94-82, title II, § 205(b) (1), 89 Stat. 422.)

INCREASES IN SALARIES

Salaries of the Chief Justice and Associate Justices increased to $65,600 and $63,000, respectively, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Order No. 11883, Oct. 6, 1975, 40 F.R. 47091, set out as a note under section 5332 of Title 5, Government Organization and Employees.

AMENDMENTS

1975-Pub. L. 94-82 substituted provisions setting the annual salary of the Chief Justice and each associate justice at rates determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provisions granting the Chief Justice and each associate justice a salary of $40,000 and $39,500 a year, respectively.

Chapter 3.-COURTS OF APPEALS § 41. Number and composition of circuits.

COMMISSION ON REVISION OF THE FEDERAL COURT
APPELLATE SYSTEM

Pub. L. 92-489, Oct. 13, 1972, 86 Stat. 807, as amended by Pub. L. 93-420, Sept. 19, 1974, 88 Stat. 1153, provided that:

"Section 1 [Establishment; functions: changes in boundaries of the circuits, structure and internal procedures of Federal courts of appeal system; reports to President, Congress, and Chief Justice]. That there is hereby established a Commission on Revision of the Federal Court Appellate System (hereinafter referred to as 'Commission') whose function shall be

"(a) to study the present division of the United States into the several judicial circuits and to report to the President, the Congress, and the Chief Justice its recommendations for changes in the geographical boundaries of the circuits as may be most appropriate for the expeditious and effective disposition of judicial business.

"(b) to study the structure and internal procedures of the Federal courts of appeal system, and to report to the President, the Congress, and the Chief Justice its recommendations for such additional changes in structure or internal procedure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal courts of appeal, consistent with fundamental concepts of fairness and due process. "Sec. 2 [Membership; vacancies; Chairman and Vice Chairman; quorum and hearings]. (a) The Commission shall be composed of sixteen members appointed as follows:

"(1) four members appointed by the President of the United States;

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"(2) four Members of the Senate appointed by the President pro tempore of the Senate;

"(3) four Members of the House of Representatives appointed by the Speaker of the House of Representatives, and

"(4) four members appointed by the Chief Justice of the United States.

"(b) Any vacancy in the Commission shall be filled in the same manner as the original appointment. "(c) The Commission shall elect a Chairman and a Vice Chairman from among its members.

"(d) Nine members of the Commission shall constitute a quorum, but three may conduct hearings.

"Sec. 3 [Compensation and travel expenses]. (a) Members of the Commission who are officers, or full-time employees, of the United States shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not exceeding the maximum amounts authorized under section 456 of title 28, United States Code.

"(b) Members of the Commission from private life shall receive $100 per diem for each day (including traveltime) during which he is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code.

"Sec. 4 [Executive Director; personnel; appointment and compensation; experts and consultants; administrative and research services]. (a) The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding that prescribed for level V of the Executive Schedule.

"(b) The Executive Director, with approval of the Commission, may appoint and fix the compensation of such additional personnel as he deems necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 relating to classification and General Schedule pay rates: Provided, however, That such compensation shall not exceed the annual rate of basic pay for GS-18 of the General Schedule under section 5332, title 5, United States Code. "(c) The Director may procure personal services of experts and consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates, section 5332, title 5, United States Code.

"(d) The Administrative Office of the United States Court shall provide administrative services, including filnancial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis.

"Sec. 5 [Governmental cooperation]. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it deems necessary to carry out its functions under this Act and each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chairman of the Commission.

"Sec. 6 [Reports to President, Congress, and Chief Justice; termination]. The Commission shall transmit to the President, the Congress, and the Chief Justice

"(1) its report under section 1(a) of this Act within one hundred and eighty days of the date on which its ninth member is appointed; and

"(2) its report under section 1(b) of this Act within twenty-four months of the date on which its ninth member is appointed.

"The Commission shall cease to exist ninety days after the date of the submission of its second report.

"Sec. 7 [Authorization of appropriations]. There are hereby authorized to be appropriated to the Commission such sums, but not more than $606,000, as may be necessary to carry out the purposes of this Act. Authority is hereby granted for appropriated money to remain available until expended."

§ 44. Appointment, tenure, residence and salary of circuit judges.

(d) Each circuit judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of this title. (As amended Aug. 9, 1975, Pub. L. 94-82, title II, § 205(b) (2), 89 Stat. 422.)

INCREASES IN SALARIES

Salaries of circuit judges increased to $44,600 effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, set out as a note under section 5332 of Title 5, Government Organization and Employees.

AMENDMENTS

1975 Subsec. (d). Pub. L. 94-82 substituted provision that each circuit judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provision that each circuit judge shall receive a salary of $33,000 a year.

Chapter 5.-DISTRICT COURTS

§ 98. Louisiana.

Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana.

Eastern District

(a) The Eastern District comprises the parishes of Assumption, Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington.

Court for the Eastern District shall be held at New Orleans.

Middle District

(b) The Middle District comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana.

Court for the Middle District shall be held at Baton Rouge.

Western District

(c) The Western District comprises six divisions. (1) The Opelousas Division comprises the parishes of Evangeline and Saint Landry.

Court for the Opelousas Division shall be held at Opelousas.

(2) The Alexandria Division comprises the parishes of Avoyelles, Catahoula, Grant, La Salle, Rapides, and Winn.

Court for the Alexandria Division shall be held at Alexandria.

(3) The Shreveport Division comprises the parishes of Bienville, Bossier, Caddo, Claiborne, De Soto, Natchitoches, Red River, Sabine, and Webster.

Court for the Shreveport Division shall be held at Shreveport.

(4) The Monroe Division comprises the parishes of Caldwell, Concordia, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll.

Court for the Monroe Division shall be held at Monroe.

(5) The Lake Charles Division comprises the parishes of Allen, Beauregard, Calcasieu, Cameron, Jefferson Davis, and Vernon.

Court for the Lake Charles Division shall be held at Lake Charles.

(6) The Lafayette Division comprises the parishes of Acadia, Iberia, Lafayette, Saint Martin, Saint Mary, and Vermilion.

Court for the Lafayette Division shall be held at Lafayette. (As amended Dec. 18, 1971, Pub. L. 92208, § 3(a), 85 Stat. 741.)

AMENDMENTS

1971-Pub. L. 92-208 created a Middle District consisting of the nine parishes formerly making up the Baton Rouge Division of the Eastern District and designated as the entire Eastern District the thirteen parishes formerly making up the New Orleans Division of the Eastern District.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 3(f) of Pub. L. 92-208 provided that: "The provisions of this section [amending this section and sections 133 and 134 of this title and enacting provisions set out as a note under this section] shall become effective one hundred and twenty days after the date of enactment of this Act [Dec. 18, 1971]."

DISTRICT JUDGE, UNITED STATES ATTORNEY, AND UNITED STATES MARSHAL FOR MIDDLE DISTRICT; DESIGNATION; TENURE; APPOINTMENT

Section 3 (b), (c) of Pub. L. 92-208 provided that: "(b) The district judge for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section [see Effective Date of 1971 Amendment Note above], and whose official station on such date is Baton Rouge, shall, on and after such date, be the district judge for the Middle District of Louisiana. All other district Judges for the Eastern District of Lou!siana holding office on the day immediately prior to the effective date of this section shall be district judges for the Eastern District of Louisiana as constituted by this section.

"(c) (1) Nothing in this section shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the Eastern District of Louisiana who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the Eastern District of Louisiana as constituted by this section.

"(2) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and marshal for the Middle District of Louisiana."

§ 122. South Dakota.

South Dakota constitutes one judicial district comprising four divisions.

(2) The Southern Division comprises the counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton.

Court for the Southern Division shall be held at Sioux Falls.

(3) The central division comprises the counties of Buffalo, Dewey, Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jackson, Jerauld, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, and Ziebach.

Court for the Central Division shall be held at Pierre.

(4) The Western Division comprises the counties of Bennett, Butte, Custer, Fall River, Harding, Lawrence, Meade, Pennington, Perkins, Shannon, Washabaugh, and Washington.

Court for the Western Division shall be held at Deadwood and Rapid City. (As amended Aug. 10, 1972, Pub. L. 92-376, 86 Stat. 529.)

AMENDMENTS

1972-Par. (2). Pub. L. 92-376, § 1(a) removed Gregory County from the Southern Division.

Par. (3). Pub. L. 92-376, § 1(b), added Gregory, Mellette, Todd and Tripp counties to the Central Division and removed Armstrong county from the Central Division.

Par. (4). Pub. L. 92-376, § 1(c) removed Mellette, Todd and Tripp counties from the Western Division.

§ 133. Appointment and number of district judges.

The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows: Districts

Louisiana:

Eastern
Middle
Western

Judges

9

1

4

(As amended Dec. 18, 1971, Pub. L. 92–208, § 3(d), 85 Stat. 742.)

AMENDMENTS

1971-Pub. L. 92-208 created a Middle District in the Louisiana listing with one judge and reduced from 10 to 9 the number of judges for the Eastern District of Louisiana.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-208 effective 120 days after Dec. 18, 1971, see section 3(f) of Pub. L. 92-208, set out as a note under section 98 of this title.

§ 134. Tenure and residence of district judges.

(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. (As amended Dec. 18, 1971, Pub. L. 92208, § 3 (e), 85 Stat. 742.)

AMENDMENTS

1971-Subsec. (c). Pub. L. 92-208 struck out provision requiring that one of the district judges for the Eastern District of Louisiana reside in East Baton Rouge Parish, Louisiana.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-208 effective 120 days after Dec. 18, 1971, see section 3(f) of Pub. L. 92-208, set out as a note under section 98 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 App. section 9. § 135. Salaries of district judges.

Each judge of a district court of the United States shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title. (As amended Aug. 9, 1975, Pub. L. 94-82, title II, § 205 (b) (3), 89 Stat. 422.)

INCREASES IN SALARIES

Salaries of district judges increased to $42,000 effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, set out as a note under section 5332 of Title 5, Government Organization and Employees.

AMENDMENTS

1975-Pub. L. 94-82 substituted provision that each judge of a district court shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provision that each such judge receive a salary of $30,000.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 634 of this title.

Chapter 7.-COURT OF CLAIMS

§ 173. Tenure and salaries of judges.

The chief judge and associate judges of the Court of Claims shall hold office during good behavior. Each shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title. (As amended Aug. 9, 1975, Pub. L. 94-82, title II, § 205 (b) (4), 89 Stat. 422.)

INCREASES IN SALARIES

Salaries of judges increased to $44,600 effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, set out as a note under section 5332 of Title 5, Government Organization and Employees.

AMENDMENTS

1975-Pub.L. 94-82 substituted provision that the chief judge and associate judges receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provision granting each such judge a salary of $33,000 a year.

Chapter 9.-COURT OF CUSTOMS AND PATENT APPEALS

§ 213. Tenure and salaries of judges.

Judges of the Court of Customs and Patent Appeals shall hold office during good behavior. Each shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351-361), as adjusted by section 461 of this title. (As amended Aug. 9, 1975, Pub. L. 94-82, title II, § 205 (b) (5), 89 Stat. 422.)