§ 132. — Creation and composition of district courts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC132]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 5--DISTRICT COURTS
Sec. 132. Creation and composition of district courts
(a) There shall be in each judicial district a district court which
shall be a court of record known as the United States District Court for
the district.
(b) Each district court shall consist of the district judge or
judges for the district in regular active service. Justices or judges
designated or assigned shall be competent to sit as judges of the court.
(c) Except as otherwise provided by law, or rule or order of court,
the judicial power of a district court with respect to any action, suit
or proceeding may be exercised by a single judge, who may preside alone
and hold a regular or special session of court at the same time other
sessions are held by other judges.
(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 88-176, Sec. 2, Nov. 13,
1963, 77 Stat. 331.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 1, and section 641 of
title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr.
30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, Sec. 1,
35 Stat. 838; Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat. 1087; July 30,
1914, ch. 216, 38 Stat. 580; July 19, 1921, ch. 42, Sec. 313, 42 Stat.
119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, Sec. 1,
44 Stat. 19).
Section consolidates section 1 of title 28, U.S.C., 1940 ed., and
section 641 of title 48, U.S.C., 1940 ed., with changes in phraseology
necessary to effect the consolidation.
Subsection (c) is derived from section 641 of title 48, U.S.C., 1940
ed., which applied only to the Territory of Hawaii. The revised section,
by extending it to all districts, merely recognizes established
practice.
Other portions of section 1 of title 28, U.S.C., 1940 ed., are
incorporated in sections 133 and 134 of this title. The remainder of
section 641 of title 48, U.S.C., 1940 ed., is incorporated in sections
91 and 133 of this title.
Amendments
1963--Subsec. (b). Pub. L. 88-176 inserted ``regular'' before
``active service''.
Continuation of Organization of Court
Section 2(b) of act June 25, 1948, provided in part that the
provisions of this title as set out in section 1 of act June 25, 1948,
with respect to the organization of the court, shall be construed as a
continuation of existing law, and the tenure of the judges, officers,
and employees thereof and of the United States attorneys and marshals
and their deputies and assistants, in office on Sept. 1, 1948, shall not
be affected by its enactment, but each of them shall continue to serve
in the same capacity under the appropriate provisions of this title
pursuant to his prior appointment.
