§3165 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Every federal district court must keep studying how it handles criminal cases and must make written plans for how those cases will be handled under the rules in this chapter. Courts must make their plans after talking with the Federal Judicial Center and the district planning group created under section 3168, and follow the timing rules below. The plans must aim to speed up criminal cases while meeting time limits and protecting law enforcement, fairness to accused people, efficient court work, and better understanding of criminal law. Plans must try to avoid too little or too much enforcement, biased enforcement, harm to quick handling of civil cases, and unfair pressure or delays in criminal trials. Each plan goes to a reviewing panel made up of the circuit’s judicial council members and the district’s chief judge (or a judge the chief judge names). If the panel approves, the plan is sent to the Administrative Office, which reports on plans yearly to the Judicial Conference. Courts may change plans with panel approval and must change them if the panel or Judicial Conference orders it; changes are reported to the Administrative Office. Deadlines: by the end of the 12-calendar-month period after July 1, 1975, submit a plan covering the second and third 12-month periods after the effective date of subsections 3161(b) and 3161(c); by the end of the 36-calendar-month period after July 1, 1975, submit a plan covering the fourth and fifth 12-month periods; and not later than June 30, 1980, courts not ordered under section 3174(c) must submit a plan for the sixth and later 12-month periods after the effective date of subsections 3161(b) and 3161(c) as they were before this paragraph was enacted. Plans and the planning group’s recommendations become public when adopted or finished.

Title 18, §3165

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Each district court shall conduct a continuing study of the administration of criminal justice in the district court and before United States magistrate judges of the district and shall prepare plans for the disposition of criminal cases in accordance with this chapter. Each such plan shall be formulated after consultation with, and after considering the recommendations of, the Federal Judicial Center and the planning group established for that district pursuant to section 3168. The plans shall be prepared in accordance with the schedule set forth in subsection (e) of this section.

(b)The planning and implementation process shall seek to accelerate the disposition of criminal cases in the district consistent with the time standards of this chapter and the objectives of effective law enforcement, fairness to accused persons, efficient judicial administration, and increased knowledge concerning the proper functioning of the criminal law. The process shall seek to avoid underenforcement, overenforcement and discriminatory enforcement of the law, prejudice to the prompt disposition of civil litigation, and undue pressure as well as undue delay in the trial of criminal cases.

(c)The plans prepared by each district court shall be submitted for approval to a reviewing panel consisting of the members of the judicial council of the circuit and either the chief judge of the district court whose plan is being reviewed or such other active judge of that court as the chief judge of that district court may designate. If approved by the reviewing panel, the plan shall be forwarded to the Administrative Office of the United States Courts, which office shall report annually on the operation of such plans to the Judicial Conference of the United States.

(d)The district court may modify the plan at any time with the approval of the reviewing panel. It shall modify the plan when directed to do so by the reviewing panel or the Judicial Conference of the United States. Modifications shall be reported to the Administrative Office of the United States Courts.

(e)(1)Prior to the expiration of the twelve-calendar-month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the second and third twelve-calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c).

(2)Prior to the expiration of the thirty-six calendar month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the fourth and fifth twelve-calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c).

(3)Not later than June 30, 1980, each United States district court with respect to which implementation has not been ordered under section 3174(c) shall prepare and submit a plan in accordance with subsections (a) through (d) to govern the trial or other disposition of offenses within the jurisdiction of such court during the sixth and subsequent twelve-calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c) in effect prior to the date of enactment of this paragraph.

(f)Plans adopted pursuant to this section shall, upon adoption, and recommendations of the district planning group shall, upon completion, become public documents.

Notes & Related Subsidiaries

Editorial Notes

References in Text

For the

Effective Date

of subsection 3161(b) and subsection 3161(c) in effect prior to the date of enactment of this paragraph, referred to in subsec. (e), see section 3163(a) and (b) of this title. The date of enactment of par. (3) of subsec. (e) of this section is the date of enactment of Pub. L. 96–43, which was approved Aug. 2, 1979. Subsecs. (a) and (b) of section 3163 of this title were not amended by Pub. L. 96–43.

Amendments

1990—Subsec. (e)(2). Pub. L. 101–647 substituted “twelve-calendar-month” for “twelve-calendar month”. 1979—Subsec. (e)(2). Pub. L. 96–43, § 8(1), substituted “fifth twelve-calendar” for “subsequent twelve-calendar”. Subsec. (e)(3). Pub. L. 96–43, § 8(2), added par. (3).

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judges” substituted for “United States magistrates” in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§3165 District Plans—generally