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Online Attorney
times, was
omitted as covered by sections 452 and 751 of this title.
Changes in arrangement and phraseology were made.
AMENDMENTS
1992 - Subsec. (c). Pub. L. 102-357 amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "The
Central District comprises the counties of Los Angeles, Orange,
Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and
Ventura.
"Court for the Central District shall be held at Los Angeles and
Santa Ana."
1980 - Subsec. (c). Pub. L. 96-462 inserted "and Santa Ana" after
"at Los Angeles".
1966 - Pub. L. 89-372 expanded the number of judicial districts
in California from two to four by creating an Eastern and a Central
District in addition to the existing Northern and Southern
Districts, removed the provisions separating the Northern and
Southern Districts into divisions, transferred to the newly created
Eastern Division the counties of Alpine, Almador, Butte, Calaveras,
Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer,
Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano,
Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba from
the Northern District and Fresno, Inyo Kern, Kings, Madera,
Mariposa, Merced, and Tulare from the Southern District,
transferred to the newly created Central District the counties of
Los Angeles, Orange, Riverside, San Bernardino, San Louis Obispo,
Santa Barbara, and Ventura from the Southern District, substituted
Eureka, Oakland, San Francisco, and San Jose for Eureka,
Sacramento, and San Francisco as places for holding court for the
Northern District, removed Fresno and Los Angeles from the list of
places for holding court for the Southern District leaving San
Diego as the only place for holding of court in the Southern
District, and provided for the holding of court in Los Angeles for
the Central District and in Fresno, Redding, and Sacramento for the
Eastern District.
EFFECTIVE DATE OF 1992 AMENDMENT
Section 3 of Pub. L. 102-357 provided that:
"(a) In General. - This Act [amending this section and enacting
provisions set out below] and the amendments made by this Act shall
take effect 6 months after the date of the enactment of this Act
[Aug. 26, 1992].
"(b) Pending Cases Not Affected. - This Act and the amendments
made by this Act shall not affect any action commenced before the
effective date of this Act and pending in the United States
District Court for the Central District of California on such date.
"(c) Juries Not Affected. - This Act and the amendments made by
this Act shall not affect the composition, or preclude the service,
of any grand or petit jury summoned, empaneled, or actually serving
in the Central Judicial District of California on the effective
date of this Act."
EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION
Section 7 of Pub. L. 96-462 provided that:
"(a) This Act and the amendments made by this Act [amending this
section and sections 95, 105, 113, and 124 of this title and
enacting provisions set out as notes under this section and
sections 95, 105, and 113 of this title] shall take effect on
October 1, 1981.
"(b) Nothing in this Act shall 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 [Oct. 1, 1981]."
EFFECTIVE DATE OF 1966 AMENDMENT
Section 3(i) of Pub. L. 89-372 provided that: "The provisions of
this section [amending this section and enacting provisions set out
as a note under this section and section 133 of this title] shall
become effective six months after the date of enactment of this Act
[Mar. 18, 1966]."
CONGRESSIONAL FINDINGS CONCERNING CREATION OF THREE DIVISIONS IN
CENTRAL DISTRICT
Section 1 of Pub. L. 102-357 provided that: "The Congress makes
the following findings:
"(1) The Federal Government has the responsibility to provide
quality services which are readily accessible to the people it
serves.
"(2) The court facilities in the Central Judicial District of
California are presently inadequate, and current and projected
growth exacerbates the problem.
"(3) The population demographics of southern California have
changed dramatically over the last decade, as the center of
population shifts inland. Between 1980 and 1990, the population
of Riverside County increased 76.5 percent, and San Bernardino
County's population increased 58.5 percent, to a combined
population of 2,600,000.
"(4) In the next 15 years, the population in Riverside and San
Bernardino Counties is expected to increase again by 70 percent,
and 67 percent, respectively. By the year 2005, Riverside and San
Bernardino Counties will have 4,400,000 residents.
"(5) As a result of the population growth, the freeways
connecting the Pacific coast and the inland areas are
tremendously overburdened, and Federal offices along the coast
are no longer accessible to the residents of Riverside and San
Bernardino Counties.
"(6) The creation of 3 divisions in the Central Judicial
District of California is urgently needed to provide for the
delivery of judicial services to all areas and all residents of
the Central Judicial District of California."
STUDY OF JUDICIAL BUSINESS IN CENTRAL DISTRICT, CALIFORNIA AND
EASTERN DISTRICT, NEW YORK AND RECOMMENDATIONS FOR CREATION OF NEW
JUDICIAL DISTRICTS
Pub. L. 95-573, Sec. 5, Nov. 2, 1978, 92 Stat. 2458, required the
Director of the Administrative Office of the United States Courts
to conduct a study of the judicial business of the Central District
of California and the Eastern District of New York, within one year
of Nov. 2, 1978, and to make recommendations to Congress with
respect to the need for creation of new judicial districts.
CREATION OF EASTERN AND CENTRAL DISTRICTS: TRANSFER OF DISTRICT
JUDGES; TRANSFER AND APPOINTMENT OF UNITED STATES ATTORNEYS AND
UNITED STATES MARSHALS
Section 3(b)-(g) of Pub. L. 89-372 provided that:
"(b) The two district judges for the northern district of
California holding office on the day before the effective date of
this section [see Effective Date of 1966 Amendment note above] and
whose official station is Sacramento shall, on and after such date,
be district judges for the eastern district of California. All
other district judges for the northern district of California
holding office on the day before the effective date of this section
shall, on and after such date, be district judges for the northern
district of California.
"(c) The district judge for the southern district of California,
residing in the northern division thereof and holding office on the
day before the effective date of this section [see Effective Date
of 1966 Amendment note above], shall, on and after such date, be a
district judge for the eastern district of California. The two
district judges for the southern district of California holding
office on the day before the effective date of this section [see
Effective Date of 1966 Amendment note above], and whose official
station is San Diego shall, on and after such date, be the district
judges for the southern district of California. All other district
judges for the southern district of California holding office on
the day before the effective date of this section shall, on and
after such date, be district judges for the central district of
California.
"(d) Nothing in this Act [amending this section and sections 44
and 133 of this title and enacting provisions set out as notes
under this section and sections 44 and 133 of this title] shall in
any manner affect the tenure of office of the United States
attorney and the United States marshal for the northern district of
California who are in office on the effective date of this section
[see Effective Date of 1966 Amendment note above], and who shall be
during the remainder of their present terms of office the United
States attorney and marshal for such district as constituted by
this Act.
"(e) Nothing in this Act [amending this section and sections 44
and 133 of this title and enacting provisions set out as notes
under this section and sections 44 and 133 of this title] shall in
any manner affect the tenure of office of the United States
attorney and the United States marshal for the southern district of
California 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 central
district of California.
"(f) The President shall appoint, by and with the advice and
consent of the Senate, a United States attorney and a United States
marshal for the southern district of California.
"(g) The President shall appoint, by and with the advice and
consent of the Senate, a United States attorney and a United States
marshal for the eastern district of California."
-End-
-CITE-
28 USC Sec. 85 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 5 - DISTRICT COURTS
-HEAD-
Sec. 85. Colorado
-STATUTE-
Colorado constitutes one judicial district.
Court shall be held at Boulder, Denver, Durango, Grand
Junction, Montrose, Pueblo, and Sterling.
-SOURCE-
(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 98-620, title IV,
Sec. 409, Nov. 8, 1984, 98 Stat. 3362.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 146 (Mar. 3, 1911, ch.
231, Sec. 73, 36 Stat. 1108; June 12, 1916, ch. 143, 39 Stat. 225;
May 29, 1924, ch. 209, 43 Stat. 243).
A provision for furnishing rooms and accommodations at Sterling
was omitted as obsolete upon advice from the Director of the
Administrative Office of the United States Courts that Federal
accommodations are now available.
A provision authorizing adjournment at Denver when there is not
business for terms at other places, is incorporated in section 138
of this title.
Provisions as to clerk's and marshal's deputies and maintenance
of offices were deleted as covered by sections 541 [see 561], 542
[see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
AMENDMENTS
1984 - Pub. L. 98-620 provided for holding court at Boulder.
EFFECTIVE DATE OF 1984 AMENDMENT
Section 411 of Pub. L. 98-620 provided that:
"(a) The amendments made by this subtitle [subtitle B (Secs.
404-411) of title IV of Pub. L. 98-620, amending this section and
sections 90, 93, 112, 124, and 126 of this title and enacting
provisions set out as notes under sections 1, 90, 93, and 124 of
this title] shall take effect on January 1, 1985.
"(b) The amendments made by this subtitle shall not affect the
composition, or preclude the service, of any grand or petit jury
summoned, impaneled, or actually serving on the effective date of
this subtitle [Jan. 1, 1985]."
-End-
-CITE-
28 USC Sec. 86 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 5 - DISTRICT COURTS
-HEAD-
Sec. 86. Connecticut
-STATUTE-
Connecticut constitutes one judicial district.
Court shall be held at Bridgeport, Hartford, New Haven, New
London, and Waterbury.
-SOURCE-
(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 87-36, Sec. 3(b),
May 19, 1961, 75 Stat. 83; Pub. L. 89-558, Sept. 7, 1966, 80 Stat.
705.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 147 (Mar. 3, 1911, ch.
231, Sec. 74, 36 Stat. 1108; Feb. 27, 1921, ch. 74, 41 Stat. 1146;
June 15, 1933, ch. 80, 48 Stat. 148; Dec. 28, 1945, ch. 599, 59
Stat. 663).
Changes in arrangement and phraseology were made.
AMENDMENTS
1966 - Pub. L. 89-558 provided for holding court at New London.
1961 - Pub. L. 87-36 provided for holding court at Bridgeport and
Waterbury.
-End-
-CITE-
28 USC Sec. 87 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 5 - DISTRICT COURTS
-HEAD-
Sec. 87. Delaware
-STATUTE-
Delaware constitutes one judicial district.
Court shall be held at Wilmington.
-SOURCE-
(June 25, 1948, ch. 646, 62 Stat. 875.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 148 (Mar. 3, 1911, ch.
231, Sec. 75, 36 Stat. 1108).
Minor changes in phraseology were made.
-End-
-CITE-
28 USC Sec. 88 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 5 - DISTRICT COURTS
-HEAD-
Sec. 88. District of Columbia
-STATUTE-
The District of Columbia constitutes one judicial district.
Court shall be held at Washington.
-SOURCE-
(June 25, 1948, ch. 646, 62 Stat. 875.)
-MISC1-
HISTORICAL AND REVISION NOTES
This section expressly makes the District of Columbia a judicial
district of the United States.
Section 41 of this title also makes the District of Columbia a
judicial circuit of the United States.
Section 11-305 of the District of Columbia Code, 1940 ed.,
provides that the District Court of the United States for the
District of Columbia shall possess the same powers and exercise the
same jurisdiction as the district courts of the United States, and
shall be deemed a court of the United States.
It is consonant with the ruling of the Supreme Court in
O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77
L.Ed. 1356, that the (then called) Supreme Court and Court of
Appeals of the District of Columbia are constitutional courts of
the United States, ordained and established under article III of
the Constitution, Congress enacted that the Court of Appeals "shall
hereafter be known as the United States Court of Appeals for the
District of Columbia" (Act of June 7, 1934, 48 Stat. 926); and also
changed the name of the Supreme Court of the District of Columbia
to "district court of the United States for the District of
Columbia" (Act of June 25, 1936, 49 Stat. 1921). In Federal Trade
Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed.
972, the Supreme Court ruled: "* * * The parallelism between the
Supreme Court of the District [of Columbia] and the Court of
Appeals of the District [of Columbia], on the one hand, and the
district courts of the United States and the circuit courts of
appeals, on the other, in the consideration and disposition of
cases involving what among the States would be regarded as within
Federal jurisdiction, is complete." See also to the same effect
Clairborne-Annapolis Ferry Company v. United States, 1932, 52 S.Ct.
440, 285 U.S. 382, 76 L.Ed. 808.
-End-
-CITE-
28 USC Sec. 89 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 5 - DISTRICT COURTS
-HEAD-
Sec. 89. Florida
-STATUTE-
Florida is divided into three judicial districts to be known as
the Northern, Middle, and Southern Districts of Florida.
-HEAD-
NORTHERN DISTRICT
(a) The Northern District comprises the counties of Alachua, Bay,
Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf,
Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty,
Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and
Washington.
Court for the Northern District shall be held at Gainesville,
Marianna, Panama City, Pensacola, and Tallahassee.
MIDDLE DISTRICT
(b) The Middle District comprises the counties of Baker,
Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De
Soto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando,
Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola,
Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole,
Sumter, Suwannee, Union, and Volusia.
Court for the Middle District shall be held at Fernandina,
Fort Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint
Petersburg, and Tampa.
SOUTHERN DISTRICT
(c) The Southern District comprises the counties of Broward,
Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm
Beach, and St. Lucie.
Court for the Southern District shall be held at Fort
Lauderdale, Fort Pierce, Key West, Miami, and West Palm
Beach.
-SOURCE-
(June 25, 1948, ch. 646, 62 Stat. 876; July 17, 1952, ch. 929, 66
Stat. 757; Pub. L. 87-36, Sec. 3(f), May 19, 1961, 75 Stat. 83;
Pub. L. 87-562, Sec. 1, July 30, 1962, 76 Stat. 247; Pub. L.
91-272, Sec. 10, June 2, 1970, 84 Stat. 298; Pub. L. 95-408, Sec.
4(a), Oct. 2, 1978, 92 Stat. 884; Pub. L. 100-702, title X, Sec.
1021(a), Nov. 19, 1988, 102 Stat. 4672.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 149 (Mar. 3, 1911, ch.
231, Sec. 76, 36 Stat. 1108; June 15, 1933, ch. 77, 48 Stat. 147;
Aug. 25, 1937, ch. 763, Sec. 1, 50 Stat. 800).
A provision requiring rooms and accommodations to be furnished at
Orlando without cost to the United States was omitted as obsolete,
upon advice of the Director of the Administrative Office for the
United States Courts that Federal accommodations are now available
in Orlando.
A provision requiring court to be open at all times was omitted
as covered by section 452 of this title.
A provision that no deputy clerk or deputy marshal should be
appointed at Fort Pierce, was omitted as incongruous with other
sections of this title. See sections 541 [see 561], 542 [see 561],
and 751 of this title.
The provision respecting court accommodations at Fort Pierce and
Panama City was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
AMENDMENTS
1988 - Subsec. (b). Pub. L. 100-702, Sec. 1021(a)(1), added
Collier, Glades, and Hendry to the counties comprising the Middle
District.
Subsec. (c). Pub. L. 100-702, Sec. 1021(a)(2), struck out
Collier, Glades, and Hendry from the counties comprising the
Southern District.
1978 - Subsec. (a). Pub. L. 95-408, Sec. 4(a)(1), added Madison
to the counties comprising the Northern District.
Subsec. (b). Pub. L. 95-408, Sec. 4(a)(2), struck out Madison
from the counties comprising the Middle District.
1970 - Subsec. (c). Pub. L. 91-272 provided for holding court at
Fort Lauderdale.
1962 - Pub. L. 87-562 struck out provisions which authorized
court for the Northern District to be held at Live Oak, and for the
Southern District at Fernandina, Fort Myers, Jacksonville, Ocala,
Orlando, and Tampa, and removed the counties of Baker, Bradford,
Brevard, Charlotte, Citrus, Clay, Columbia, De Soto, Duval,
Flagler, Hamilton, Hardee, Hernando, Hillsborough, Lake, Lee,
Madison, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas,
Polk, Putnam, Saint Johns, Sarasota, Seminole, Sumter, Suwannee,
Union, and Volusia from the Southern District and created the
Middle District to comprise such counties.
1961 - Subsec. (a). Pub. L. 87-36 provided for holding court at
Live Oak.
1952 - Subsec. (b). Act July 17, 1952, provided for holding court
at Fort Myers and West Palm Beach.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 1021(b), (c) of title X of Pub. L. 100-702 provided that:
"(b) Effective Date. - (1) The amendments made by this section
[amending this section] shall take effect 90 days after the date of
enactment of this title [Nov. 19, 1988].
"(2) The amendments made by subsection (a) [amending this
section] shall apply to any action commenced in the United States
District Court for the Middle District of Florida, or in the United
States District Court for the Southern District of Florida, on or
after the effective date of this title [probably should be
effective date of this section], and shall not affect any action
pending in either such court on such effective date.
"(c) Juries. - The amendments made by this section [amending this
section] shall not affect the composition, or preclude the service,
of any grand or petit jury summoned, empaneled, or actually serving
on the effective date of this title [probably should be effective
date of this section]."
EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION
Section 5 of Pub. L. 95-408 provided that:
"(a) The amendments made by this Act [amending this section and
sections 93, 97, 98, 104, 112, 114, and 133 of this title and
enacting provisions set out as a note under section 81 of this
title] shall take effect 180 days after the date of enactment of
this Act [Oct. 2, 1978].
"(b) Nothing in this Act shall 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."
EFFECTIVE DATE OF 1962 AMENDMENT
Section 5 of Pub. L. 87-562 provided that: "This Act [amending
this section and section 133 of this title and enacting provisions
set out as notes under this section and section 142 of this title]
shall become effective ninety days after the date of enactment
[July 30, 1962]."
DISTRICT JUDGES, UNITED STATES ATTORNEYS, AND UNITED STATES
MARSHALS DESIGNATIONS; TENURE; APPOINTMENTS
Section 2 of Pub. L. 87-562 provided that:
"(a) The district judge appointed September 26, 1950, the
district judge appointed August 13, 1955, and the district judge
appointed March 8, 1961, all for the Southern District of Florida,
shall hereafter be designated as district judges for the Middle
District of Florida.
"(b) The district judge for the Northern and Southern Districts
of Florida shall hereafter be designated as the district judge for
the Northern, Middle, and Southern Districts of Florida.
"(c) Nothing in this Act [amending this section and section 133
of this title, and enacting provisions set out as notes under this
section and section 142 of this title] shall in any manner affect
the tenure of office of the United States Attorney and the United
States Marshal for the Northern District of Florida who are in
office at the time of the enactment of this Act [July 30, 1962],
and who shall be during the remainder of their present terms of
office the United States Attorney and Marshal for such district as
constituted by this Act.
"(d) Nothing in this Act [amending this section and section 133
of this title and enacting provisions set out as notes under this
section and section 142 of this title] shall in any manner affect
the tenure of office of the United States Attorney and the United
States Marshal for the Southern District of Florida who are in
office at the time of the enactment of this Act [July 30, 1962],
and who shall be during the remainder of their present terms of
office the United States Attorney and Marshal for the Middle
District of Florida as constituted by this Act.
"(e) The President is authorized to appoint, by and with the
advice and consent of the Senate, a United States Attorney and a
United States Marshal for the Southern District of Florida."
ELIMINATION OF DISTRICT JUDGESHIP FOR NORTHERN, MIDDLE, AND
SOUTHERN DISTRICTS OF FLORIDA
District judgeship for northern, middle, and southern districts
changed to district judgeship for middle district only, see section
2(b) of Pub. L. 89-372, set out as a note under section 133 of this
title.
-End-
-CITE-
28 USC Sec. 90 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART I - ORGANIZATION OF COURTS
CHAPTER 5 - DISTRICT COURTS
-HEAD-
Sec. 90.
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