Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§133 Appointment and number of district judges
Title 28 › Part PART I— - ORGANIZATION OF COURTS › Chapter CHAPTER 5— - DISTRICT COURTS › § 133
Summary
The President must appoint the judges who work in the United States district courts, and the Senate must approve those appointments. The law sets how many judges each district has: Alabama — Northern 8, Middle 3, Southern 3; Alaska 3; Arizona 13; Arkansas — Eastern 5, Western 3; California — Northern 14, Eastern 6, Central 28, Southern 13; Colorado 7; Connecticut 8; Delaware 4; District of Columbia 15; Florida — Northern 4, Middle 15, Southern 18; Georgia — Northern 11, Middle 4, Southern 3; Hawaii 4; Idaho 2; Illinois — Northern 22, Central 4, Southern 4; Indiana — Northern 5, Southern 5; Iowa — Northern 2, Southern 3; Kansas 6; Kentucky — Eastern 5, Western 4; Louisiana — Eastern 12, Middle 3, Western 7; Maine 3; Maryland 10; Massachusetts 13; Michigan — Eastern 15, Western 4; Minnesota 7; Mississippi — Northern 3, Southern 6; Missouri — Eastern 7, Western 5; Montana 3; Nebraska 3; Nevada 7; New Hampshire 3; New Jersey 17; New Mexico 7; New York — Northern 5, Southern 28, Eastern 15, Western 4; North Carolina — Eastern 4, Middle 4, Western 5; North Dakota 2; Ohio — Northern 11, Southern 8; Oklahoma — Northern 3, Eastern 1, Western 6; Oregon 6; Pennsylvania — Eastern 22, Middle 6, Western 10; Puerto Rico 7; Rhode Island 3; South Carolina 10; South Dakota 3; Tennessee — Eastern 5, Middle 4, Western 5; Texas — Northern 12, Southern 19, Eastern 8, Western 13; Utah 5; Vermont 2; Virginia — Eastern 11, Western 4; Washington — Eastern 4, Western 7; West Virginia — Northern 3, Southern 5; Wisconsin — Eastern 5, Western 2; Wyoming 3. If a sitting (non-senior) judge takes a full-time federal judicial administration job, the President must, with Senate approval, add one extra judge to that judge’s court. If that judge leaves the administration job and goes back to being an active judge, the President must not fill the first vacancy that happens afterward. The term “office of Federal judicial administration” means one of these three jobs: Director of the Federal Judicial Center (head of that center), Director of the Administrative Office of the United States Courts (head of the courts’ administrative office), or Counselor to the Chief Justice (senior advisor to the Chief Justice).
Full Legal Text
Title 28, §133
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(a)The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows: DistrictsJudges Alabama: Northern8 Middle3 Southern3 Alaska3 Arizona13 Arkansas: Eastern5 Western3 California: Northern14 Eastern6 Central28 Southern13 Colorado7 Connecticut8 Delaware4 District of Columbia15 Florida: Northern4 Middle15 Southern18 Georgia: Northern11 Middle4 Southern3 Hawaii4 Idaho2 Illinois: Northern22 Central4 Southern4 Indiana: Northern5 Southern5 Iowa: Northern2 Southern3 Kansas6 Kentucky: Eastern5 Western4 Eastern and Western1 Louisiana: Eastern12 Middle3 Western7 Maine3 Maryland10 Massachusetts13 Michigan: Eastern15 Western4 Minnesota7 Mississippi: Northern3 Southern6 Missouri: Eastern7 Western5 Eastern and Western2 Montana3 Nebraska3 Nevada7 New Hampshire3 New Jersey17 New Mexico7 New York: Northern5 Southern28 Eastern15 Western4 North Carolina: Eastern4 Middle4 Western5 North Dakota2 Ohio: Northern11 Southern8 Oklahoma: Northern3 Eastern1 Western6 Northern, Eastern, and Western1 Oregon6 Pennsylvania: Eastern22 Middle6 Western10 Puerto Rico7 Rhode Island3 South Carolina10 South Dakota3 Tennessee: Eastern5 Middle4 Western5 Texas: Northern12 Southern19 Eastern8 Western13 Utah5 Vermont2 Virginia: Eastern11 Western4 Washington: Eastern4 Western7 West Virginia: Northern3 Southern5 Wisconsin: Eastern5 Western2 Wyoming3
(b)(1)In any case in which a judge of the United States (other than a senior judge) assumes the duties of a full-time office of Federal judicial administration, the President shall appoint, by and with the advice and consent of the Senate, an additional judge for the court on which such judge serves. If the judge who assumes the duties of such full-time office leaves that office and resumes the duties as an active judge of the court, then the President shall not appoint a judge to fill the first vacancy which occurs thereafter in that court.
(2)For purposes of paragraph (1), the term “office of Federal judicial administration” means a position as Director of the Federal Judicial Center, Director of the Administrative Office of the United States Courts, or Counselor to the Chief Justice.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 1 and notes; section 641, 643, 863, and 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions; District of Columbia Code, 1940 ed., § 11–301 (Apr. 12, 1900, ch. 191, §§ 34, 35, 31 Stat. 84, 85; Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1901, ch. 854, § 60, 31 Stat. 1199; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1087; Jan. 7, 1913, ch. 6, 37 Stat. 648;
July 30, 1914, ch. 216, 38 Stat. 580; Mar. 3, 1915, ch. 100, § 1, 38 Stat. 961; Apr. 11, 1916, ch. 64, § 1, 39 Stat. 48; Feb. 26, 1917, ch. 120, 39 Stat. 938; Mar. 2, 1917, ch. 145, §§ 41, 42, 39 Stat. 965, 966; Feb. 26, 1919, ch. 50, § 1, 40 Stat. 1183; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412;
July 9, 1921, ch. 42, § 313, 42 Stat. 119; Sept. 14, 1922, ch. 306, § 1, 42 Stat. 837; Jan. 16, 1925, ch. 83, § 3, 43 Stat. 752; Feb. 12, 1925, ch. 220, 43 Stat. 890; Feb. 13, 1925, ch. 229, §§ 1, 13, 43 Stat. 936, 942; Feb. 16, 1925, ch. 233, §§ 2, 3, 43 Stat. 946; Mar. 2, 1925, ch. 397, §§ 1–3, 43 Stat. 1098; Mar. 3, 1927, ch. 297, § 1, 44 Stat. 1346; Mar. 3, 1927, ch. 298, 44 Stat. 1347; Mar. 3, 1927, ch. 300, § 1, 44 Stat. 1348; Mar. 3, 1927, ch. 332, 44 Stat. 1370; Mar. 3, 1927, ch. 336, §§ 1, 2, 44 Stat. 1372; Mar. 3, 1927, ch. 338, 44 Stat. 1374; Mar. 3, 1927, ch. 344, 44 Stat. 1380; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Apr. 21, 1928, ch. 393, § 5, 45 Stat. 439;
May 29, 1928, ch. 882, 45 Stat. 974; Dec. 20, 1928, ch. 41, 45 Stat. 1056; Jan. 17, 1929, ch. 72, § 1, 45 Stat. 1081; Feb. 26, 1929, ch. 334, 45 Stat. 1317; Feb. 26, 1929, ch. 337, 45 Stat. 1319; Feb. 28, 1929, ch. 358, § 1, 45 Stat. 1344; Feb. 28, 1929, ch. 380, 45 Stat. 1409;
May 28, 1930, ch. 346, § 1, 46 Stat. 431;
June 19, 1930, ch. 537, 46 Stat. 785;
June 27, 1930, ch. 633, 46 Stat. 819;
June 27, 1930, ch. 635, § 1, 46 Stat. 820;
July 3, 1930, ch. 852, 46 Stat. 1006; Feb. 20, 1931, ch. 244, 46 Stat. 1196; Feb. 20, 1931, ch. 245, 46 Stat. 1197; Feb. 25, 1931, ch. 296, 46 Stat. 1417;
May 17, 1932, ch. 190, 47 Stat. 158;
May 20, 1932, ch. 196, 47 Stat. 161; Aug. 2, 1935, ch. 425, 49 Stat. 508; Aug. 19, 1935, ch. 558, §§ 1, 2, 49 Stat. 659; Aug. 28, 1935, ch. 793, 49 Stat. 945;
June 5, 1936, ch. 515, 49 Stat. 1476;
June 15, 1936, ch. 544, 49 Stat. 1491;
June 16, 1936, ch. 585, § 1, 49 Stat. 1523;
June 22, 1936, ch. 693, 49 Stat. 1804;
June 22, 1936, ch. 694, 49 Stat. 1804;
June 22, 1936, ch. 696, 49 Stat. 1806; Aug. 25, 1937, ch. 771, § 1, 50 Stat. 805; Mar. 18, 1938, ch. 47, 52 Stat. 110; Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118;
May 31, 1938, ch. 290, §§ 4, 5, 6, 52 Stat. 584, 585;
June 20, 1938, ch. 528, 52 Stat. 780; Jan. 20, 1940, ch. 11, 54 Stat. 16;
May 24, 1940, ch. 209, § 2(c), 54 Stat. 220;
June 8, 1940, ch. 282, 54 Stat. 253; Nov. 27, 1940, ch. 92, § 1, 54 Stat. 1216; Nov. 21, 1941, ch. 479, 55 Stat. 773;
July 7, 1942, ch. 489, 56 Stat. 648; Dec. 24, 1942, ch. 817, 56 Stat. 1083; Dec. 24, 1942, ch. 827, 56 Stat. 1092; Dec. 7, 1944, ch. 521, 58 Stat. 796; Dec. 22, 1944, ch. 663, 58 Stat. 887; Oct. 16, 1945, ch. 419, §§ 1, 2, 59 Stat. 545, 546;
June 15, 1946, ch. 413, 60 Stat. 260;
July 24, 1946, chs. 600, 602, 60 Stat. 654). Section consolidates provisions of section 1 of title 28, U.S.C., 1940 ed., and section 641, 643, 863, and 864 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation. Provisions of section 1 of title 28, U.S.C., 1940 ed., relating to residence of judges, are covered by section 134 of this title. The act of Dec. 7, 1944, amended section 2 of the act of
May 24, 1940, 54 Stat. 219, section 1, note, of title 28, U.S.C., 1940 ed., to read as follows: “(a) Provided, That the first vacancy in the office of district judge in each of said districts except in the eastern district of Pennsylvania, shall not be filled.” The act of Dec. 22, 1944, amended the same section to read as follows: “(a) Provided, That the first vacancy occurring in the office of district judge in each of said districts except the district of New Jersey shall not be filled.” The act of
July 24, 1946, ch. 600, § 1, 60 Stat. 654, amended the proviso in the 1940 act to read as follows: “Provided, That the first vacancy occurring in the office of district judge in each of said districts, except the district of New Jersey and the eastern district of Pennsylvania, shall not be filled.” The following additional but temporary judgeships, authorized by Congress, are not included in the revised section: DistrictsJudges Delaware1 Florida, Northern and Southern1 Georgia, Northern1 Kansas1 Missouri, Eastern and Western1 Ohio, Northern1 Oklahoma, Western1 Pennsylvania, Eastern, Middle and Western1 West Virginia, Northern and Southern1 Other provisions of said section 11–301 of the District of Columbia Code, 1940 ed., are incorporated in section 136 of this title. A part of section 641 of title 48, U.S.C., 1940 ed., is incorporated in section 91 and 132 of this title. Parts of section 863 and 864 of title 48, U.S.C., 1940 ed., are retained in title 48. For other parts of those sections, see Distribution Table. Other provisions of section 643 of title 48, U.S.C., 1940 ed., are incorporated in section 501 [now 541], 504 [now 541 to 544], and 541 [see 561] of this title. Senate Revision AmendmentProvisions for one district judge in the Southern District of Indiana were inserted in this section by Senate amendment. See 80th Congress
Senate Report No. 1559
.
Editorial Notes
Codification Paragraph (2) of subsection (b) of section 4 of Pub. L. 95–408, cited as a credit to this section, was amended generally by Pub. L. 96–4, § 1, Mar. 30, 1979, 93 Stat. 6, and enacted provisions which are set out as a note under section 93 of this title.
Amendments
2024—Subsec. (a). Pub. L. 118–203 increased number of permanent district judgeships as follows: in Northern District of Alabama from 7 to 8, in Arizona from 12 to 13, in Central District of California from 27 to 28, in Southern District of Florida from 17 to 18, in Hawaii from 3 to 4, in Kansas from 5 to 6, in Eastern District of Missouri from 6 to 7, in New Mexico from 6 to 7, in Western District of North Carolina from 4 to 5, and in Eastern District of Texas from 7 to 8. 2008—Subsec. (b)(2). Pub. L. 110–402 substituted “Counselor” for “administrative assistant”. 2002—Subsec. (a). Pub. L. 107–273 increased number of permanent district judgeships as follows: in Southern District of California from 8 to 13, in Central and Southern Districts of Illinois from 3 to 4, in Northern District of New York from 4 to 5, in Western District of North Carolina from 3 to 4, in Western District of Texas from 11 to 13, and in Eastern District of Virginia from 10 to 11. 2000—Subsec. (a). Pub. L. 106–553 increased number of permanent district judgeships as follows: in Arizona from 11 to 12, in Southern District of Florida from 16 to 17, in Eastern District of Kentucky from 4 to 5, in Nevada from 6 to 7, in New Mexico from 5 to 6, in South Carolina from 9 to 10, in Southern District of Texas from 18 to 19, in Western District of Texas from 10 to 11, in Eastern District of Virginia from 9 to 10, and in Eastern District of Wisconsin from 4 to 5. 1999—Subsec. (a). Pub. L. 106–113 increased number of permanent district judgeships in Arizona from 8 to 11, increased number of permanent district judgeships in Middle District of Florida from 11 to 15, and increased number of permanent district judgeships in Nevada from 4 to 6. 1997—Subsec. (a). Pub. L. 105–53 in item relating to Louisiana, reduced number of permanent district judgeships in Eastern District from 13 to 12 and increased number in Middle District from 2 to 3. 1990—Pub. L. 101–650, § 303(1), designated existing provisions as subsec. (a) and added subsec. (b). Pub. L. 101–650, § 203(d), altered number of permanent district judgeships in named districts as follows: StateFormerNew Alabama: Northern77 Middle33 Southern33 Alaska33 Arizona88 Arkansas: Eastern35 Western13 Eastern and Western2 California: Northern1214 Eastern66 Central2227 Southern78 Colorado77 Connecticut68 Delaware44 District of Columbia1515 Florida: Northern34 Middle911 Southern1516 Georgia: Northern1111 Middle34 Southern33 Hawaii33 Idaho22 Illinois: Northern2022 Central33 Southern33 Indiana: Northern45 Southern55 Iowa: Northern12 Southern23 Northern and Southern1 Kansas55 Kentucky: Eastern44 Western44 Eastern and Western11 Louisiana: Eastern1313 Middle22 Western67 Maine23 Maryland1010 Massachusetts1113 Michigan: Eastern1515 Western44 Minnesota77 Mississippi: Northern33 Southern56 Missouri: Eastern56 Western55 Eastern and Western22 Montana33 Nebraska33 Nevada44 New Hampshire23 New Jersey1417 New Mexico45 New York: Northern44 Southern2728 Eastern1215 Western34 North Carolina: Eastern34 Middle34 Western33 North Dakota22 Ohio: Northern1011 Southern78 Oklahoma: Northern23 Eastern11 Western46 Northern, Eastern, and Western21 Oregon56 Pennsylvania: Eastern1922 Middle56 Western1010 Puerto Rico77 Rhode Island33 South Carolina89 South Dakota33 Tennessee: Eastern45 Middle34 Western45 Texas: Northern1012 Southern1318 Eastern67 Western710 Utah45 Vermont22 Virginia: Eastern99 Western44 Washington: Eastern34 Western67 West Virginia: Northern23 Southern45 Wisconsin: Eastern44 Western22 Wyoming23 1984—Pub. L. 98–353 altered number of permanent district judgeships in named districts as follows: StateFormerNew Alabama: Northern77 Middle33 Southern23 Alaska23 Arizona88 Arkansas: Eastern33 Western11 Eastern and Western22 California: Northern1212 Eastern66 Central1722 Southern77 Colorado67 Connecticut56 Delaware34 District of Columbia1515 Florida: Northern33 Middle99 Southern1215 Georgia: Northern1111 Middle23 Southern33 Hawaii23 Idaho22 Illinois: Northern1620 Central33 Southern23 Indiana: Northern44 Southern55 Iowa: Northern11 Southern22 Northern and Southern11 Kansas55 Kentucky: Eastern44 Western34 Eastern and Western11 Louisiana: Eastern1313 Middle22 Western56 Maine22 Maryland910 Massachusetts1011 Michigan: Eastern1315 Western44 Minnesota57 Mississippi: Northern23 Southern35 Missouri: Eastern45 Western55 Eastern and Western22 Montana23 Nebraska33 Nevada34 New Hampshire22 New Jersey1114 New Mexico44 New York: Northern34 Southern2727 Eastern1012 Western33 North Carolina: Eastern33 Middle33 Western33 North Dakota22 Ohio: Northern910 Southern67 Oklahoma: Northern22 Eastern11 Western34 Northern, Eastern, and Western22 Oregon55 Pennsylvania: Eastern1919 Middle55 Western1010 Puerto Rico77 Rhode Island23 South Carolina88 South Dakota33 Tennessee: Eastern34 Middle33 Western34 Texas: Northern910 Eastern46 Southern1313 Western67 Utah34 Vermont22 Virginia: Eastern89 Western44 Washington: Eastern23 Western56 West Virginia: Northern22 Southern44 Wisconsin: Eastern44 Western22 Wyoming12 1983—Pub. L. 97–471 in item relating to West Virginia increased the number of judges for the Northern District from 1 to 2, increased the number of judges for the Southern District from 3 to 4, and struck out an item which had authorized a Northern and Southern District with 1 judge. 1978—Pub. L. 95–486 altered the number of permanent district judgeships in the named districts as follows: StateFormerNew Alabama: Northern47 Middle23 Southern22 Alaska22 Arizona58 Arkansas: Eastern13 Western11 Eastern and Western22 California: Northern1112 Eastern36 Central1617 Southern57 Colorado46 Connecticut45 Delaware33 District of Columbia1515 Florida: Northern23 Middle69 Southern712 Georgia: Northern611 Middle22 Southern23 Hawaii22 Idaho22 Illinois: Northern1316 Central23 Southern22 Indiana: Northern34 Southern45 Iowa: Northern11 Southern12 Northern and Southern11 Kansas45 Kentucky: Eastern24 Western33 Eastern and Western11 Louisiana: Eastern913 Middle12 Western45 Maine12 Maryland79 Massachusetts610 Michigan: Eastern1013 Western24 Minnesota45 Mississippi: Northern22 Southern33 Missouri: Eastern34 Western35 Eastern and Western22 Montana22 Nebraska33 Nevada23 New Hampshire12 New Jersey911 New Mexico34 New York: Northern23 Southern2727 Eastern910 Western33 North Carolina: Eastern23 Western23 Middle23 North Dakota22 Ohio: Northern89 Southern56 Oklahoma: Northern12 Eastern11 Western23 Northern, Eastern, and Western22 Oregon35 Pennsylvania: Eastern1919 Middle35 Western1010 Puerto Rico37 Rhode Island22 South Carolina58 South Dakota23 Tennessee: Eastern33 Middle23 Western33 Texas: Northern69 Southern813 Eastern34 Western56 Utah23 Vermont22 Virginia: Eastern68 Western24 Washington: Eastern12 Western35 West Virginia: Northern11 Southern23 Northern and Southern11 Wisconsin: Eastern34 Western12 Wyoming11 Pub. L. 95–408 substituted “Central” for “Southern” and “Southern” for “Eastern” in item relating to Illinois. 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. 1970—Pub. L. 91–272 altered the number of permanent district judgeships in the named districts as follows: StateFormerNew Alabama: Northern34 Middle12 Southern12 Middle and Southern1 Arizona45 California: Northern911 Central1316 Southern25 Colorado34 Florida: Middle56 Southern57 Georgia: Northern36 Southern12 Illinois: Northern1113 Kansas34 Kentucky: Eastern12 Western23 Louisiana: Eastern810 Western34 Maryland57 Michigan: Eastern810 Missouri: Eastern23 Nebraska23 New Jersey89 New Mexico23 New York: Southern2427 Eastern89 Ohio: Northern78 Southern45 Pennsylvania: Eastern1119 Western810 Puerto Rico23 South Carolina45 Tennessee: Western23 Texas: Northern56 Southern78 Eastern23 Western45 Virginia: Eastern56 West Virginia: Southern12 Wisconsin: Eastern23 1966—Pub. L. 89–372 altered the number of permanent district judgeships in the named districts as follows: StateFormerNew Alabama: Middle and Southern1 Arizona34 California: Northern99 Eastern3 Central13 Southern132 Florida: Northern12 Middle35 Southern35 Northern, Middle, and Southern1 Illinois: Northern1011 Indiana: Southern34 Louisiana: Eastern48 Maryland45 Mississippi: Northern12 Southern23 New York: Western23 Ohio: Northern67 Southern34 Rhode Island12 Texas: Southern57 Western34 Vermont12 Virginia: Eastern35 1965—Pub. L. 89–242 changed the South Carolina listing by removing references to an Eastern and Western District, with 1 judge listed for the Eastern, 1 judge for the Western, and 2 judges for the Eastern and Western combined, and substituted therefor a single reference to a South Carolina District with 4 judges. 1962—Pub. L. 87–562 amended the Florida listing by adding the Middle District with its designation of 3 judges, substituted “Northern, Middle, and Southern” for “Northern and Southern”, and reduced the number of judges in the Southern District from 6 to 3. 1961—Pub. L. 87–36 increased the number of permanent district judgeships in the named districts as follows: StateFormerNew Alabama: Northern23 Alaska12 Arizona23 Arkansas: Eastern and Western12 California: Northern79 Southern1113 Colorado23 Connecticut24 Florida: Southern46 Georgia: Northern23 Middle12 Illinois: Northern810 Indiana: Northern23 Southern23 Iowa: Northern and Southern1 Kansas23 Louisiana: Eastern24 Western23 Maryland24 Massachusetts56 Michigan: Eastern68 Mississippi: Southern12 Missouri: Western23 Nevada12 New Jersey78 New Mexico12 New York: Southern1824 Eastern68 North Carolina: Eastern12 Western12 Middle12 Ohio: Northern56 Oklahoma: Northern, Eastern, and Western12 Pennsylvania: Eastern811 Middle23 Western58 Puerto Rico12 South Carolina: Eastern and Western12 Tennessee: Eastern23 Middle12 Western12 Texas: Northern35 Southern45 Western23 Utah12 Washington: Western23 1959—Pub. L. 86–3 struck out provisions that restricted eligibility for appointment as district judges for the district of Hawaii to citizens of the Territory of Hawaii who have resided therein for at least three years. 1958—Pub. L. 85–508 inserted “Alaska ———— 1”. 1957—Pub. L. 85–310 increased the number of permanent judgeships in the district of South Dakota from 1 to 2. 1954—Act Feb. 10, 1954, increased the number of permanent judgeships in the named districts as follows: StateFormerNew California: Southern1011 Delaware23 Florida: Southern34 Idaho12 Indiana: Northern12 Southern12 Kentucky: Western12 Massachusetts45 Michigan: Eastern56 Western12 Missouri: Eastern and Western12 New Jersey67 New York: Southern1618 North Dakota12 Ohio: Northern45 Pennsylvania: Eastern78 Western45 Texas: Southern34 Eastern12 Virginia: Eastern23 West Virginia: Northern and Southern1 Wisconsin: Eastern12 1950—Act Sept. 5, 1950, increased the number of permanent judgeships in the district of Delaware from 1 to 2. Act Aug. 29, 1950, increased the number of permanent judgeships in the western district of Pennsylvania from 3 to 4. Act Aug. 14, 1950, increased the number of permanent judgeships in the northern district of Illinois from 6 to 8. 1949—Act Aug. 3, 1949, increased the numbers of permanent judgeships in the named districts as follows: StateFormerNew California: Northern57 Southern810 District of Columbia1215 Florida: Northern and Southern1 Georgia: Northern12 Kansas12 New Jersey56 New York: Southern1216 Ohio: Northern34 Oklahoma: Western12 Oregon23 Pennsylvania: Eastern57 Texas: Southern23
Statutory Notes and Related Subsidiaries
Effective Date
of 2002 Amendment Pub. L. 107–273, div. A, title III, § 312(a)(3), Nov. 2, 2002, 116 Stat. 1787, provided that: “This subsection [amending this section and enacting provisions set out as a note under this section] shall take effect on
July 15, 2003.” Pub. L. 107–273, div. A, title III, § 312(b)(3), Nov. 2, 2002, 116 Stat. 1788, provided that: “With respect to the central or southern district of Illinois, the northern district of New York, or the eastern district of Virginia, this subsection [amending this section and enacting provisions set out as a note under this section] shall take effect on the earlier of— “(A) the date on which the first vacancy in the office of district judge occurs in such district; or “(B)
July 15, 2003.”
Effective Date
of 1978 Amendment; Waiver of Standards and Guidelines; Failure To Comply Pub. L. 95–486, § 7, Oct. 20, 1978, 92 Stat. 1633, provided that: “(a) The first section and section 2 of this Act [amending this section and enacting provisions set out as notes under this section] shall take effect immediately upon the President’s promulgation and publication of standards and guidelines for the selection, on the basis of merit, of nominees for United States district court judgeships authorized by this Act [amending this section, section 44, 46, 1337, and 1445 of this title, and section 5108 of Title 5, Government Organization and Employees, enacting provisions set out as notes under this section and section 41 and 44 of this title, and amending provisions set out as a note under section 45 of this title]. “(b) The President may waive such standards and guidelines with respect to any nomination by notifying the Senate of the reasons for such waiver. “(c) Following the promulgation and publication of such standards and guidelines, no nomination or appointment to a United States district court judgeship may be invalidated on the basis of the President’s failure to comply with this section or with any standards or guidelines promulgated under this section. “(d) This Act, other than the first section and section 2 [amending this section and enacting provisions set out as notes under this section] shall take effect on the date of enactment of this Act [Oct. 20, 1978].” Pub. L. 95–486, § 11, Oct. 20, 1978, 92 Stat. 1634, provided that: “Notwithstanding any other provision of this Act the first section and section 2 [amending this section and enacting provisions set out as notes under this section] shall not take effect before November 1, 1978.”
Effective Date
of 1978 Amendment;
Savings Provision
Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the
Effective Date
of this Act, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.
Effective Date
of 1971 AmendmentAmendment 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.
Effective Date
of 1965 AmendmentAmendment by Pub. L. 89–242 effective on first day of month following Oct. 7, 1965, see section 6 of Pub. L. 89–242, set out as a note under section 121 of this title.
Effective Date
of 1962 AmendmentAmendment by Pub. L. 87–562 effective 90 days after July 30, 1962, see section 5 of Pub. L. 87–562, set out as a note under section 89 of this title.
Effective Date
of 1959 Amendment Pub. L. 86–3, § 9, Mar. 18, 1959, 73 Stat. 8, provided in part that the amendment of this section and section 134 of this title is effective on admission of the State of Hawaii into the Union. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. 74, as required by section 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
Effective Date
of 1958 AmendmentAmendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. 16, as required by section 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. Additional Judgeships Pub. L. 118–203, § 2(a), Dec. 23, 2024, 138 Stat. 2693, provided that: “The existing judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note) [set out below] and the existing judgeships for the northern district of Alabama, the district of Arizona, the central district of California, the southern district of Florida, the district of New Mexico, the western district of North Carolina, and the eastern district of Texas authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273; 28 U.S.C. 133 note) [set out below] shall, as of the
Effective Date
of this Act [Dec. 23, 2024], be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act.” Pub. L. 109–115, div. A, title IV, § 406, Nov. 30, 2005, 119 Stat. 2470, as amended by Pub. L. 113–6, div. F, title III, § 1312(b), Mar. 26, 2013, 127 Stat. 418; Pub. L. 113–76, div. E, title III, § 307(b), Jan. 17, 2014, 128 Stat. 203; Pub. L. 113–235, div. E, title III, § 306(b), Dec. 16, 2014, 128 Stat. 2351; Pub. L. 114–113, div. E, title III, § 306(b), Dec. 18, 2015, 129 Stat. 2443; Pub. L. 115–31, div. E, title III, § 306(b), May 5, 2017, 131 Stat. 347; Pub. L. 115–141, div. E, title III, § 306(b), Mar. 23, 2018, 132 Stat. 556; Pub. L. 116–6, div. D, title III, § 306(b), Feb. 15, 2019, 133 Stat. 159; Pub. L. 116–93, div. C, title III, § 306(b), Dec. 20, 2019, 133 Stat. 2454; Pub. L. 116–260, div. E, title III, § 306(b), Dec. 27, 2020, 134 Stat. 1401; Pub. L. 117–103, div. E, title III, § 306(b), Mar. 15, 2022, 136 Stat. 261; Pub. L. 117–328, div. E, title III, § 306(b), Dec. 29, 2022, 136 Stat. 4672; Pub. L. 118–47, div. B, title III, § 306(b), Mar. 23, 2024, 138 Stat. 542, provided that: “The existing judgeship for the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650, 104 Stat. 5089) [set out below] as amended by Public Law 105–53, as of the
Effective Date
of this Act [Nov. 30, 2005], shall be extended. The first vacancy in the office of district judge in this district occurring 31 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created by section 203(c) shall not be filled.” Pub. L. 107–273, div. A, title III, § 312(a)(1), Nov. 2, 2002, 116 Stat. 1786, provided that: “The President shall appoint, by and with the advice and consent of the Senate— “(A) 5 additional district judges for the southern district of California; “(B) 1 additional district judge for the western district of North Carolina; and “(C) 2 additional district judges for the western district of Texas.” Pub. L. 107–273, div. A, title III, § 312(b)(1), Nov. 2, 2002, 116 Stat. 1787, provided that: “The existing district judgeships for the central district and the southern district of Illinois, the northern district of New York, and the eastern district of Virginia authorized by section 203(c)(3), (4), (9), and (12) of the Judicial Improvements Act of 1990 (Public Law 101–650, 28 U.S.C. 133 note [set out below]) shall be authorized under section 133 of title 28, United States Code, and the incumbents in such offices shall hold the offices under section 133 of title 28, United States Code (as amended by this section).” Pub. L. 107–273, div. A, title III, § 312(c), Nov. 2, 2002, 116 Stat. 1788, as amended by Pub. L. 113–6, div. F, title III, § 1312(c), Mar. 26, 2013, 127 Stat. 418; Pub. L. 113–76, div. E, title III, § 307(c), Jan. 17, 2014, 128 Stat. 203; Pub. L. 113–235, div. E, title III, § 306(c), Dec. 16, 2014, 128 Stat. 2352; Pub. L. 114–113, div. E, title III, § 306(c), Dec. 18, 2015, 129 Stat. 2443; Pub. L. 115–31, div. E, title III, § 306(c), May 5, 2017, 131 Stat. 347; Pub. L. 115–141, div. E, title III, § 306(c), Mar. 23, 2018, 132 Stat. 556; Pub. L. 116–6, div. D, title III, § 306(c), Feb. 15, 2019, 133 Stat. 159; Pub. L. 116–93, div. C, title III, § 306(c), Dec. 20, 2019, 133 Stat. 2454; Pub. L. 116–260, div. E, title III, § 306(c), Dec. 27, 2020, 134 Stat. 1401; Pub. L. 117–103, div. E, title III, § 306(c), Mar. 15, 2022, 136 Stat. 262; Pub. L. 117–328, div. E, title III, § 306(c), Dec. 29, 2022, 136 Stat. 4672; Pub. L. 118–47, div. B, title III, § 306(c), Mar. 23, 2024, 138 Stat. 542, provided that: “(1) In general.—The President shall appoint, by and with the advice and consent of the Senate—“(A) 1 additional district judge for the northern district of Alabama; “(B) 1 additional judge for the district of Arizona; “(C) 1 additional judge for the central district of California; “(D) 1 additional judge for the southern district of Florida; “(E) 1 additional district judge for the district of New Mexico; “(F) 1 additional district judge for the western district of North Carolina; and “(G) 1 additional district judge for the eastern district of Texas. “(2) Vacancies not filled.—The first vacancy in the office of district judge in each of the offices of district judge authorized by this subsection, except in the case of the central district of California and the western district of North Carolina, occurring 22 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. The first vacancy in the office of district judge in the central district of California occurring 21 years and 6 months or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of North Carolina occurring 20 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled. “(3)
Effective Date
.—This subsection shall take effect on
July 15, 2003.” Pub. L. 106–553, § 1(a)(2) [title III, § 305(a)], Dec. 21, 2000, 114 Stat. 2762, 2762A–84, provided that: “The President shall appoint, by and with the advice and consent of the Senate— “(1) 1 additional district judge for the district of Arizona; “(2) 1 additional district judge for the southern district of Florida; “(3) 1 additional district judge for the eastern district of Kentucky; “(4) 1 additional district judge for the district of Nevada; “(5) 1 additional district judge for the district of New Mexico; “(6) 1 additional district judge for the district of South Carolina; “(7) 1 additional district judge for the southern district of Texas; “(8) 1 additional district judge for the western district of Texas; “(9) 1 additional district judge for the eastern district of Virginia; and “(10) 1 additional district judge for the eastern district of Wisconsin.” Pub. L. 106–113, div. B, § 1000(a)(1) [title III, § 309(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A–37, provided that: “The President shall appoint, by and with the advice and consent of the Senate— “(1) three additional district judges for the district of Arizona; “(2) four additional district judges for the middle district of Florida; and “(3) two additional district judges for the district of Nevada.” Pub. L. 101–650, title II, § 203(a)–(c), Dec. 1, 1990, 104 Stat. 5099–5101, as amended by Pub. L. 104–60, § 1, Nov. 28, 1995, 109 Stat. 635; Pub. L. 104–317, title III, § 304, Oct. 19, 1996, 110 Stat. 3852; Pub. L. 105–53, § 3, Oct. 6, 1997, 111 Stat. 1173; Pub. L. 107–273, div. A, title III, § 312(d)(1), Nov. 2, 2002, 116 Stat. 1788; Pub. L. 109–289, div. B, title II, § 21056, as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 55; Pub. L. 110–161, div. D, title III, § 309, Dec. 26, 2007, 121 Stat. 1990; Pub. L. 111–8, div. D, title III, § 309, Mar. 11, 2009, 123 Stat. 649; Pub. L. 111–117, div. C, title III, § 307, Dec. 16, 2009, 123 Stat. 3177; Pub. L. 112–10, div. B, title V, § 1530, Apr. 15, 2011, 125 Stat. 134; Pub. L. 112–74, div. C, title III, § 306, Dec. 23, 2011, 125 Stat. 902; Pub. L. 113–6, div. F, title III, § 1312(a), Mar. 26, 2013, 127 Stat. 418; Pub. L. 113–76, div. E, title III, § 307(a), Jan. 17, 2014, 128 Stat. 203; Pub. L. 113–235, div. E, title III, § 306(a), Dec. 16, 2014, 128 Stat. 2351; Pub. L. 114–113, div. E, title III, § 306(a), Dec. 18, 2015, 129 Stat. 2443; Pub. L. 115–31, div. E, title III, § 306(a),
May 5, 2017, 131 Stat. 347; Pub. L. 115–141, div. E, title III, § 306(a), Mar. 23, 2018, 132 Stat. 555; Pub. L. 116–6, div. D, title III, § 306(a), Feb. 15, 2019, 133 Stat. 159; Pub. L. 116–93, div. C, title III, § 306(a), Dec. 20, 2019, 133 Stat. 2454; Pub. L. 116–260, div. E, title III, § 306(a), Dec. 27, 2020, 134 Stat. 1400; Pub. L. 117–103, div. E, title III, § 306(a), Mar. 15, 2022, 136 Stat. 261; Pub. L. 117–328, div. E, title III, § 306(a); Pub. L. 118–47, div. B, title III, § 306(a), Mar. 23, 2024, 138 Stat. 542, Dec. 29, 2022, 136 Stat. 4671, provided that: “(a) In General.—The President shall appoint, by and with the advice and consent of the Senate—“(1) 1 additional district judge for the western district of Arkansas; “(2) 2 additional district judges for the northern district of California; “(3) 5 additional district judges for the central district of California; “(4) 1 additional district judge for the southern district of California; “(5) 2 additional district judges for the district of Connecticut; “(6) 2 additional district judges for the middle district of Florida; “(7) 1 additional district judge for the northern district of Florida; “(8) 1 additional district judge for the southern district of Florida; “(9) 1 additional district judge for the middle district of Georgia; “(10) 1 additional district judge for the northern district of Illinois; “(11) 1 additional district judge for the southern district of Iowa; “(12) 1 additional district judge for the western district of Louisiana; “(13) 1 additional district judge for the district of Maine; “(14) 1 additional district judge for the district of Massachusetts; “(15) 1 additional district judge for the southern district of Mississippi; “(16) 1 additional district judge for the eastern district of Missouri; “(17) 1 additional district judge for the district of New Hampshire; “(18) 3 additional district judges for the district of New Jersey; “(19) 1 additional district judge for the district of New Mexico; “(20) 1 additional district judge for the southern district of New York; “(21) 3 additional district judges for the eastern district of New York; “(22) 1 additional district judge for the middle district of North Carolina; “(23) 1 additional district judge for the southern district of Ohio; “(24) 1 additional district judge for the northern district of Oklahoma; “(25) 1 additional district judge for the western district of Oklahoma; “(26) 1 additional district judge for the district of Oregon; “(27) 3 additional district judges for the eastern district of Pennsylvania; “(28) 1 additional district judge for the middle district of Pennsylvania; “(29) 1 additional district judge for the district of South Carolina; “(30) 1 additional district judge for the eastern district of Tennessee; “(31) 1 additional district judge for the western district of Tennessee; “(32) 1 additional district judge for the middle district of Tennessee; “(33) 2 additional district judges for the northern district of Texas; “(34) 1 additional district judge for the eastern district of Texas; “(35) 5 additional district judges for the southern district of Texas; “(36) 3 additional district judges for the western district of Texas; “(37) 1 additional district judge for the district of Utah; “(38) 1 additional district judge for the eastern district of Washington; “(39) 1 additional district judge for the northern district of West Virginia; “(40) 1 additional district judge for the southern district of West Virginia; and “(41) 1 additional district judge for the district of Wyoming. “(b) Existing Judgeships.—(1) The existing district judgeships for the western district of Arkansas, the northern district of Illinois, the northern district of Indiana, the district of Massachusetts, the western district of New York, the eastern district of North Carolina, the northern district of Ohio, and the western district of Washington authorized by section 202(b) of the Bankruptcy
Amendments
and Federal Judgeship Act of 1984 (Public Law 98–353, 98 Stat. 347–348) [set out below] shall, as of the
Effective Date
of this title [Dec. 1, 1990], be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this title. “(2)(A) The existing 2 district judgeships for the eastern and western districts of Arkansas (provided by section 133 of title 28, United States Code, as in effect on the day before the
Effective Date
of this title) shall be district judgeships for the eastern district of Arkansas only, and the incumbents of such judgeships shall hold the offices under section 133 of title 28, United States Code, as amended by this title. “(B) The existing district judgeship for the northern and southern districts of Iowa (provided by section 133 of title 28, United States Code, as in effect on the day before the
Effective Date
of this title) shall be a district judgeship for the northern district of Iowa only, and the incumbent of such judgeship shall hold the office under section 133 of title 28, United States Code, as amended by this title. “(C) The existing district judgeship for the northern, eastern, and western districts of Oklahoma (provided by section 133 of title 28, United States Code, as in effect on the day before the
Effective Date
of this title) and the occupant of which has his or her official duty station at Oklahoma City on the date of the enactment of this title [Dec. 1, 1990], shall be a district judgeship for the western district of Oklahoma only, and the incumbent of such judgeship shall hold the office under section 133 of title 28, United States Code, as amended by this title. “(c) Temporary Judgeships.—The President shall appoint, by and with the advice and consent of the Senate—“(1) 1 additional district judge for the eastern district of California; “(2) 1 additional district judge for the district of Hawaii; “(3) 1 additional district judge for the central district of Illinois; “(4) 1 additional district judge for the southern district of Illinois; “(5) 1 additional district judge for the district of Kansas; “(6) 1 additional district judge for the western district of Michigan; “(7) 1 additional district judge for the eastern district of Missouri; “(8) 1 additional district judge for the district of Nebraska; “(9) 1 additional district judge for the northern district of New York; “(10) 1 additional district judge for the northern district of Ohio; “(11) 1 additional district judge for the eastern district of Pennsylvania; and “(12) 1 additional district judge for the eastern district of Virginia. Except with respect to the district of Kansas, the western district of Michigan, the eastern district of Pennsylvania, the district of Hawaii, and the northern district of Ohio, the first vacancy in the office of district judge in each of the judicial districts named in this subsection, occurring 10 years or more after the confirmation date of the judge named to fill the temporary judgeship created by this subsection, shall not be filled. The first vacancy in the office of district judge in the district of Kansas occurring 33 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created for such district under this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of Michigan, occurring after December 1, 1995, shall not be filled. The first vacancy in the office of district judge in the eastern district of Pennsylvania, occurring 5 years or more after the confirmation date of the judge named to fill the temporary judgeship created for such district under this subsection, shall not be filled. The first vacancy in the office of district judge in the northern district of Ohio occurring 19 years or more after the confirmation date of the judge named to fill the temporary judgeship created under this subsection shall not be filled. The first vacancy in the office of the district judge in the district of Hawaii occurring 30 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created under this subsection shall not be filled. For districts named in this subsection for which multiple judgeships are created by this Act, the last of those judgeships filled shall be the judgeships created under this section.” [Pub. L. 107–273, div. A, title III, § 312(d)(2), Nov. 2, 2002, 116 Stat. 1788, provided that: “The
Amendments
made by this subsection [amending section 203(c) of Pub. L. 101–650, set out above] shall take effect on the date of enactment of this Act [Nov. 2, 2002].” ] Pub. L. 98–353, title II, § 202(a)–(d), July 10, 1984, 98 Stat. 347, 348, provided that: “(a) Subject to the provisions of subsection (c), the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Alabama, one additional district judge for the district of Alaska, five additional district judges for the central district of California, one additional district judge for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the district of Delaware, three additional district judges for the southern district of Florida, one additional district judge for the middle district of Georgia, one additional district judge for the district of Hawaii, four additional district judges for the northern district of Illinois, one additional district judge for the southern district of Illinois, one additional district judge for the western district of Kentucky, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the district of Massachusetts, two additional district judges for the eastern district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Mississippi, two additional district judges for the southern district of Mississippi, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Montana, one additional district judge for the district of Nevada, three additional district judges for the district of New Jersey, one additional district judge for the northern district of New York, two additional district judges for the eastern district of New York, one additional district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the district of Rhode Island, one additional district judge for the eastern district of Tennessee, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, two additional district judges for the eastern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of Utah, one additional district judge for the eastern district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, and one additional district judge for the district of Wyoming. “(b) Subject to the provisions of subsection (c) the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the western district of Arkansas, one additional district judge for the northern district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the district of Massachusetts, one additional district judge for the western district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the northern district of Ohio, and one additional district judge for the western district of Washington. The first vacancy in each of the offices of district judge authorized by this subsection, occurring five years or more after the
Effective Date
of this Act [probably means
July 10, 1984], shall not be filled. “(c) For the judgeships created in subsections (a) and (b), the President shall appoint, by and with the advice and consent of the Senate, no more than twenty-nine of such judges prior to
January 21, 1985. “(d) The existing district judgeship for the district of Minnesota and the existing district judgeship for the northern district of Ohio, heretofore authorized by section 2 of the Act of
October 20, 1978 (Public Law 95–486, 92 Stat. 1631) [set out below], shall, as of the
Effective Date
of this Act [probably means July 10, 1984], be authorized under section 133 of title 28, United States Code, and the incumbents of those offices shall henceforth hold their offices under section 133, as amended by this Act.” Pub. L. 95–486, § 1(a), Oct. 20, 1978, 92 Stat. 1629, provided that: “The President shall appoint, by and with the advice and consent of the Senate, three additional district judges for the northern district of Alabama, one additional district judge for the middle district of Alabama, three additional district judges for the district of Arizona, two additional district judges for the eastern district of Arkansas, one additional district judge for the northern district of California, three additional district judges for the eastern district of California, one additional district judge for the central district of California, two additional district judges for the southern district of California, two additional district judges for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the northern district of Florida, three additional district judges for the middle district of Florida, five additional district judges for the southern district of Florida, five additional district judges for the northern district of Georgia, one additional district judge for the southern district of Georgia, three additional district judges for the northern district of Illinois, one additional district judge for the central district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the southern district of Indiana, one additional district judge for the southern district of Iowa, one additional district judge for the district of Kansas, two additional district judges for the eastern district of Kentucky, four additional district judges for the eastern district of Louisiana, one additional district judge for the middle district of Louisiana, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maine, two additional district judges for the district of Maryland, four additional district judges for the district of Massachusetts, three additional district judges for the eastern district of Michigan, two additional district judges for the western district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the eastern district of Missouri, two additional district judges for the western district of Missouri, one additional district judge for the district of Nevada, one additional district judge for the district of New Hampshire, two additional district judges for the district of New Jersey, one additional district judge for the district of New Mexico, one additional district judge for the northern district of New York, one additional district judge for the eastern district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the middle district of North Carolina, one additional district judge for the western district of North Carolina, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the northern district of Oklahoma, two additional district judges for the district of Oregon, two additional district judges for the middle district of Pennsylvania, four additional district judges for the district of Puerto Rico, three additional district judges for the district of South Carolina, one additional district judge for the district of South Dakota, one additional district judge for the middle district of Tennessee, three additional district judges for the northern district of Texas, one additional district judge for the eastern district of Texas, five additional district judges for the southern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of Utah, two additional district judges for the eastern district of Virginia, two additional district judges for the western district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, one additional district judge for the southern district of West Virginia, one additional district judge for the eastern district of Wisconsin, and one additional district judge for the western district of Wisconsin.” Pub. L. 95–486, § 2, Oct. 20, 1978, 92 Stat. 1632, provided that: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the eastern district of Kentucky, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Ohio, and one additional district judge for the southern district of West Virginia. The first vacancy in the office of district judge in the judicial districts named in this section occurring five years or more after the
Effective Date
of this Act [Oct. 20, 1978] shall not be filled.” Pub. L. 91–272, § 1(a),
June 2, 1970, 84 Stat. 294, provided that: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Alabama, one additional district judge for the middle district of Alabama, one additional district judge for the district of Arizona, two additional district judges for the northern district of California, three additional district judges for the central district of California, three additional district judges for the southern district of California, one additional district judge for the district of Colorado, one additional district judge for the middle district of Florida, two additional district judges for the southern district of Florida, three additional district judges for the northern district of Georgia, one additional district judge for the southern district of Georgia, two additional district judges for the northern district of Illinois, one additional district judge for the eastern district of Kentucky, one additional district judge for the western district of Kentucky, two additional district judges for the eastern district of Louisiana, one additional district judge for the western district of Louisiana, two additional district judges for the district of Maryland, two additional district judges for the eastern district of Michigan, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Nebraska, one additional district judge for the district of New Jersey, one additional district judge for the district of New Mexico, one additional district judge for the eastern district of New York, three additional district judges for the southern district of New York, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, six additional district judges for the eastern district of Pennsylvania, two additional district judges for the western district of Pennsylvania, one additional district judge for the district of Puerto Rico, one additional district judge for the district of South Carolina, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, one additional district judge for the eastern district of Texas, one additional district judge for the southern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the eastern district of Virginia, and one additional district judge for the southern district of West Virginia.” Pub. L. 89–372, § 2(a), Mar. 18, 1966, 80 Stat. 75, provided that: The President shall appoint, by and with the advice and consent of the Senate, one district judge for the middle and southern districts of Alabama, one additional district judge for the district of Arizona, one additional district judge for the northern district of Florida, one additional district judge for the middle district of Florida, two additional district judges for the southern district of Florida, one additional district judge for the northern district of Illinois, one additional district judge for the southern district of Indiana, four additional district judges for the eastern district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the northern district of Mississippi, one additional district judge for the southern district of Mississippi, one additional district judge for the western district of New York, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, one additional district judge for the district of Rhode Island, two additional district judges for the southern district of Texas, one additional district judge for the western district of Texas, two additional district judges for the eastern district of Virginia, and one additional district judge for the district of Vermont.” Pub. L. 87–36, § 2(a),
May 19, 1961, 75 Stat. 80, provided that: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Alabama, one additional district judge for the district of Alaska, one additional district judge for the district of Arizona, one additional district judge for the eastern and western districts of Arkansas, two additional district judges for the northern district of California, two additional district judges for the southern district of California, one additional district judge for the district of Colorado, two additional district judges for the district of Connecticut, two additional district judges for the southern district of Florida, one additional district judge for the northern district of Georgia, two additional district judges for the northern district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the southern district of Indiana, one additional district judge for the northern and southern districts of Iowa, one additional district judge for the district of Kansas, two additional district judges for the eastern district of Louisiana, one additional district judge for the western district of Louisiana, two additional district judges for the district of Maryland, one additional district judge for the district of Massachusetts, two additional district judges for the eastern district of Michigan, one additional district judge for the southern district of Mississippi, one additional district judge for the western district of Missouri, one additional district judge for the district of Nevada, one additional district judge for the district of New Jersey, two additional district judges for the eastern district of New York, six additional district judges for the southern district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the middle district of North Carolina, one additional district judge for the western district of North Carolina, one additional district judge for the northern district of Ohio, one additional district judge for the northern, eastern, and western districts of Oklahoma, three additional district judges for the eastern district of Pennsylvania, one additional district judge for the middle district of Pennsylvania, two additional district judges for the western district of Pennsylvania, one additional district judge for the district of Puerto Rico, one additional district judge for the eastern and western districts of South Carolina, one additional district judge for the eastern district of Tennessee, one additional district judge for the middle district of Tennessee, one additional district judge for the western district of Tennessee, two additional district judges for the northern district of Texas, one additional district judge for the southern district of Texas, one additional district judge for the western district of Texas and one additional district judge for the eastern and western districts of Washington.” Subsec. (a)(1) of act Feb. 10, 1954, ch. 6, § 2, 68 Stat. 8, subsec. (a)(3) of which section amended the table in this section, provided for the appointment by the President, by and with the advice and consent of the Senate, of the additional judges for the districts for which additional permanent judgeships were provided in the amendment. Alabama.—Pub. L. 91–272, § 1(b),
June 2, 1970, 84 Stat. 294, provided that: “The existing district judgeship for the middle and southern districts of Alabama, heretofore provided for by section 133 of title 28 of the United States Code, shall hereafter be a district judgeship for the southern district of Alabama only, and the present incumbent of such judgeship shall henceforth hold his office under such section 133, as amended by subsection (d) of this section.” California.—Pub. L. 89–372, § 3(h), Mar. 18, 1966, 80 Stat. 77, provided that: “The President shall appoint, by and with the advice and consent of the Senate, three additional district judges for the central district of California, and two additional district judges for the northern district of California.” Delaware.—Act
July 24, 1946, ch. 602, 60 Stat. 654, which authorized the appointment of an additional judge for the district of Delaware was repealed by act Sept. 5, 1950, ch. 848, § 2, 64 Stat. 578, which by section 1 of act Sept. 5, 1950, made the additional judgeship permanent. However, section 2 of act Sept. 5, 1950 also provided that the repeal in no way affected the tenure of the present incumbent. Florida.—Pub. L. 89–372, § 2(b), Mar. 18, 1966, 80 Stat. 75, provided that: “The existing district judgeship for the northern, middle and southern districts of Florida heretofore provided for by section 133 of title 28, United States Code, shall hereafter be a district judgeship for the middle district of Florida only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act.” Georgia.—Act Mar. 29, 1949, ch. 37, 63 Stat. 16, which authorized the appointment of an additional judge for the middle district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Mar. 29, 1949, should henceforth hold his office under this section, as amended by Pub. L. 87–36, § 2(d). Kansas.—Pub. L. 89–372, § 5(a), Mar. 18, 1966, 80 Stat. 78, which authorized the appointment of an additional district judge for the eastern district of Kansas and which provided that the first vacancy which occurred in the office of district judge in such district not be filled was repealed by section 1(c) of Pub. L. 91–272,
June 2, 1970, 84 Stat. 294, which provided, in part, that such judgeship be a permanent judgeship and that the present incumbent henceforth hold his office under this section, as amended by section 1(d) of Pub. L. 91–272. Missouri.—The additional judgeship for the eastern and western districts, which was authorized by act Dec. 24, 1942, ch. 827, 56 Stat. 1083, was made permanent by act Feb. 10, 1954, ch. 6, § 2(a)(2), 68 Stat. 9, which by section 2(b)(10) of act Feb. 10, 1954 provided that the incumbent of the judgeship created by act Dec. 24, 1942, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, § 2(a)(3). Nevada.—Act Feb. 10, 1954, ch. 6, § 2(b)(2), 68 Stat. 10, provided: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of Nevada. The first vacancy occurring in the office of district judge in said district shall not be filled.” New Jersey.—Pub. L. 91–272, § 2(a),
June 2, 1970, 84 Stat. 296, provided that: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of New Jersey. The first vacancy occurring in the office of district judge in that district shall not be filled.” New Mexico.—Act Feb. 10, 1954, ch. 6, § 2(b)(1), 68 Stat. 10, which authorized the appointment of an additional judge for the district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should henceforth hold his office under this section, as amended by Pub. L. 87–36, § 2(d). North Carolina.—Pub. L. 91–272, § 2(c),
June 2, 1970, 84 Stat. 296, provided that: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the eastern district of North Carolina. The first vacancy occurring in the office of district judge in that district shall not be filled.” Ohio.—Act
May 1, 1941, ch. 83, 55 Stat. 148, which provided for the appointment of an additional judge for the northern district was repealed by act Aug. 3, 1949, ch. 387, § 2(e), 63 Stat. 495, which also provided that the incumbent of the judgeship created by act
May 1, 1941, should henceforth hold his office under this section, as amended by act Aug. 3, 1949, § 2(a). Pub. L. 87–36, § 2(e)(1), (2),
May 19, 1961, 75 Stat. 83, provided that: “(1) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled. “(2) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled.” Oklahoma.—Act
May 24, 1940, ch. 209, § 2(a), 54 Stat. 219, providing for additional judgeships was amended by act Aug. 3, 1949, ch. 387, § 2(b), 63 Stat. 495, to strike out “western district of Oklahoma”, and to make the incumbent of the judgeship created by act
May 24, 1940, henceforth hold his office under this section, as amended by act Aug. 3, 1949, § 2(a). Pennsylvania.—Pub. L. 91–272, § 2(b),
June 2, 1970, 84 Stat. 296, provided that: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the middle district of Pennsylvania. The first vacancy occurring in the office of district judge in that district shall not be filled.” Pub. L. 89–372, § 5(b), Mar. 18, 1966, 80 Stat. 78, as amended by Pub. L. 90–90, Sept. 23, 1967, 81 Stat. 228, which authorized the appointment of three additional district judges for the eastern district of Pennsylvania and which provided that the second, third, and fourth vacancies occurring after Mar. 18, 1966, in the office of district judge in such district not be filled was repealed by section 1(c) of Pub. L. 91–272,
June 2, 1970, 84 Stat. 294, which provided, in part, that such judgeships be permanent judgeships and that the present incumbents henceforth hold their offices under this section, as amended by section 1(d) of Pub. L. 81–272. Act Feb. 10, 1954, ch. 6, § 2(b)(5), 68 Stat. 10, which authorized the appointment of an additional judge for the western district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should henceforth hold his office under this section, as amended by Pub. L. 87–36, § 2(d). Act
July 24, 1946, ch. 600, § 2, 60 Stat. 654, as amended by act Feb. 10, 1954, ch. 6, § 6, 68 Stat. 14, provided: “The President is authorized to appoint, by and with the advice and consent of the Senate, one additional United States district judge, who shall be an additional district judge for the eastern, middle, and western districts of Pennsylvania. The judge so appointed shall at the time of his appointment be a resident and a citizen of the State of Pennsylvania: Provided, That when a vacancy occurs in said office it shall not be filled: Provided further, That unless the President shall submit a nomination to the Senate to fill the office hereby created within ninety days after the
Effective Date
of this Act [
July 24, 1946], then in that event this Act shall be of no force and effect. If a vacancy arises in the office of district judge for the middle district of Pennsylvania while the judge appointed pursuant to this section is holding the office created by this section, such judge shall thereafter be a district judge for the middle district of Pennsylvania.” Act Aug. 3, 1949, ch. 387, § 2(c), 63 Stat. 495, which provided for an additional temporary judgeship for the western district of Pennsylvania was repealed by act Aug. 29, 1950, ch. 848, § 2, 64 Stat. 578, which by section 1 of act Aug. 29, 1950, made the additional judgeship permanent. However, section 2 of act Aug. 29, 1950 also provided that the repeal in no way affected the tenure of the present incumbent. South Carolina.—Pub. L. 89–242, § 1(b), Oct. 7, 1965, 79 Stat. 951, provided that: “The existing district judgeships for the Eastern District of South Carolina, the Western District of South Carolina, and the Eastern and Western Districts of South Carolina heretofore provided for by section 133 of title 28 of the United States Code [this section] shall hereafter be district judgeships for the District of South Carolina and the present incumbents of such judgeships shall henceforth hold their offices under section 133, as amended by this Act.” South Dakota.—Pub. L. 85–310, Sept. 7, 1957, 71 Stat. 631, provided: “The President is authorized to appoint, by and with the advice and consent of the Senate an additional district judge for the district of South Dakota as authorized by paragraph (3) of section 2(b) of the act of
February 10, 1954 [set out as a note below].” Act Feb. 10, 1954, ch. 6, § 2(b)(3), 68 Stat. 10, as amended by Pub. L. 85–310, Sept. 7, 1957, 71 Stat. 631, provided: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of South Dakota.” Tennessee.—Act Feb. 10, 1954, ch. 6, § 2(b)(4), 68 Stat. 10, provided: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the middle district of Tennessee. The first vacancy occurring in the office of district judge in said district shall not be filled.” Texas.—Act Aug. 3, 1949, ch. 387, § 2(d), 63 Stat. 495, which authorized the appointment of an additional judge for the Southern district, was repealed by act Feb. 10, 1954, ch. 6, § 2(b)(11), 68 Stat. 11, which by section 2(a)(2) of act Feb. 10, 1954, made the additional judgeship permanent. section 2(b)(11) of act Feb. 10, 1954 also provided that the incumbent of the judgeship created by section 2(d) of act Aug. 3, 1949, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, § 2(a)(3). Utah.—Act Feb. 10, 1954, ch. 6, § 2(b)(6), 68 Stat. 11, which authorized the appointment of an additional judge for the district, was repealed by section 2(b) of Pub. L. 87–36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should hence forth hold his office under this section, as amended by Pub. L. 87–36, § 2(d). Virgin Islands.—Pub. L. 91–272, § 3(a),
June 2, 1970, 84 Stat. 296, provided that: “The President shall appoint, by and with the advice and consent of the Senate, one additional judge for the District Court of the Virgin Islands, who shall hold office for the term of eight years and until his successor is chosen and qualified, unless sooner removed by the President for cause.” Washington.—Pub. L. 95–486, § 1(b), Oct. 20, 1978, 92 Stat. 1630, provided that: “The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by section 133 of title 28 of the United States Code, shall hereafter be a district judgeship for the western district of Washington only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act.” Pub. L. 87–36, § 2(c),
May 19, 1961, 75 Stat. 81, provided that: “The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by section 133 of title 28 of the United States Code, shall hereafter be a district judgeship for the western district of Washington only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act [Pub. L. 87–36].” West Virginia.—Pub. L. 97–471, § 2, Jan. 14, 1983, 96 Stat. 2601, provided that: “(a) The existing district judgeship for the Southern District of West Virginia, authorized by section 2 of the Act entitled ‘An Act to provide for the appointment of additional district and circuit judges and for other purposes’, approved
October 20, 1978 [Pub. L. 95–486] (92 Stat. 1632; 28 U.S.C. 133 note), shall, as of the date of enactment of this Act [Jan. 14, 1983], be authorized under section 133 of title 28 of the United States Code as a district judgeship for the Northern District of West Virginia, and the incumbent of that office shall henceforth hold office under section 133, as amended by this Act. “(b) The existing district judgeship for the Northern and Southern Districts of West Virginia shall be authorized as the district judgeship for the Southern District.” The additional judgeship for the northern and southern districts, which was authorized by act
June 22, 1936, ch. 695, 49 Stat. 1805, was made permanent by act Feb. 10, 1954, ch. 6, § 2(a)(2), 68 Stat. 9, which by section 2(b)(12) of act Feb. 10, 1954, provided that the incumbent of the judgeship created by act
June 22, 1936, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, § 2(a)(3). Wisconsin.—Pub. L. 89–372, § 5(c), Mar. 18, 1966, 80 Stat. 78, which authorized the appointment of an additional district judge for the district of Wisconsin and which provided that the first vacancy occurring in the office of district judge in such district not be filled was repealed by section 1(c) of Pub. L. 91–272,
June 2, 1970, 84 Stat. 294, which provided, in part, that such judgeship be a permanent judgeship and that the present incumbent henceforth hold his office under this section, as amended by section 1(d) of Pub. L. 91–272. Nomination of Women and Blacks to Federal Judgeships Pub. L. 95–486, § 8, Oct. 20, 1978, 92 Stat. 1633, provided that: “The Congress— “(1) takes notice of the fact that only 1 percent of Federal judges are women and only 4 percent are blacks; and “(2) suggests that the President, in selecting individuals for nomination to the Federal judgeships created by this Act [for classification see
Effective Date
of 1978 Amendment note above], give due consideration to qualified individuals regardless of race, color, sex, religion, or national origin.” Residence of Additional Judge for KansasAct Aug. 3, 1949, ch. 387, § 2(b)(2), 63 Stat. 495, provided that: “The judge first appointed for the district of Kansas under the authority contained in subsection (a) [amending this section] shall reside at Wichita.”
Executive Documents
Executive Order No. 12084 Ex. Ord. No. 12084, Sept. 27, 1978, 43 F.R. 44815, as amended by Ex. Ord. No. 12097, Nov. 8, 1978, 43 F.R. 52455, which established the Judicial Nominating Commission for the District of Puerto Rico and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. Executive Order No. 12097 Ex. Ord. No. 12097, Nov. 8, 1978, 43 F.R. 52455, which provided standards and guidelines for the selection of nominees for United States district court judgeships, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Reference
Citations & Metadata
Citation
28 U.S.C. § 133
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73