§ 152. — Appointment of bankruptcy judges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC152]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 6--BANKRUPTCY JUDGES
Sec. 152. Appointment of bankruptcy judges
(a)(1) The United States court of appeals for the circuit shall
appoint bankruptcy judges for the judicial districts established in
paragraph (2) in such numbers as are established in such paragraph. Such
appointments shall be made after considering the recommendations of the
Judicial Conference submitted pursuant to subsection (b). Each
bankruptcy judge shall be appointed for a term of fourteen years,
subject to the provisions of subsection (e). However, upon the
expiration of the term, a bankruptcy judge may, with the approval of the
judicial council of the circuit, continue to perform the duties of the
office until the earlier of the date which is 180 days after the
expiration of the term or the date of the appointment of a successor.
Bankruptcy judges shall serve as judicial officers of the United States
district court established under Article III of the Constitution.
(2) The bankruptcy judges appointed pursuant to this section shall
be appointed for the several judicial districts as follows:
Districts Judges
Alabama:
Northern.................................................... 5
Middle...................................................... 2
Southern.................................................... 2
Alaska........................................................ 2
Arizona....................................................... 7
Arkansas:
Eastern and Western......................................... 3
California:
Northern.................................................... 9
Eastern..................................................... 6
Central..................................................... 21
Southern.................................................... 4
Colorado...................................................... 5
Connecticut................................................... 3
Delaware...................................................... 1
District of Columbia.......................................... 1
Florida:
Northern.................................................... 1
Middle...................................................... 8
Southern.................................................... 5
Georgia:
Northern.................................................... 8
Middle...................................................... 2
Southern.................................................... 2
Middle and Southern......................................... 1
Hawaii........................................................ 1
Idaho......................................................... 2
Illinois:
Northern.................................................... 10
Central..................................................... 3
Southern.................................................... 1
Indiana:
Northern.................................................... 3
Southern.................................................... 4
Iowa:
Northern.................................................... 2
Southern.................................................... 2
Kansas........................................................ 4
Kentucky:
Eastern..................................................... 2
Western..................................................... 3
Louisiana:
Eastern..................................................... 2
Middle...................................................... 1
Western..................................................... 3
Maine......................................................... 2
Maryland...................................................... 4
Massachusetts................................................. 5
Michigan:
Eastern..................................................... 4
Western..................................................... 3
Minnesota..................................................... 4
Mississippi:
Northern.................................................... 1
Southern.................................................... 2
Missouri:
Eastern..................................................... 3
Western..................................................... 3
Montana....................................................... 1
Nebraska...................................................... 2
Nevada........................................................ 3
New Hampshire................................................. 1
New Jersey.................................................... 8
New Mexico.................................................... 2
New York:
Northern.................................................... 2
Southern.................................................... 9
Eastern..................................................... 6
Western..................................................... 3
North Carolina:
Eastern..................................................... 2
Middle...................................................... 2
Western..................................................... 2
North Dakota.................................................. 1
Ohio:
Northern.................................................... 8
Southern.................................................... 7
Oklahoma:
Northern.................................................... 2
Eastern..................................................... 1
Western..................................................... 3
Oregon........................................................ 5
Pennsylvania:
Eastern..................................................... 5
Middle...................................................... 2
Western..................................................... 4
Puerto Rico................................................... 2
Rhode Island.................................................. 1
South Carolina................................................ 2
South Dakota.................................................. 2
Tennessee:
Eastern..................................................... 3
Middle...................................................... 3
Western..................................................... 4
Texas:
Northern.................................................... 6
Eastern..................................................... 2
Southern.................................................... 6
Western..................................................... 4
Utah.......................................................... 3
Vermont....................................................... 1
Virginia:
Eastern..................................................... 5
Western..................................................... 3
Washington:
Eastern..................................................... 2
Western..................................................... 5
West Virginia:
Northern.................................................... 1
Southern.................................................... 1
Wisconsin:
Eastern..................................................... 4
Western..................................................... 2
Wyoming....................................................... 1.
(3) Whenever a majority of the judges of any court of appeals cannot
agree upon the appointment of a bankruptcy judge, the chief judge of
such court shall make such appointment.
(4) The judges of the district courts for the territories shall
serve as the bankruptcy judges for such courts. The United States court
of appeals for the circuit within which such a territorial district
court is located may appoint bankruptcy judges under this chapter for
such district if authorized to do so by the Congress of the United
States under this section.
(b)(1) The Judicial Conference of the United States shall, from time
to time, and after considering the recommendations submitted by the
Director of the Administrative Office of the United States Courts after
such Director has consulted with the judicial council of the circuit
involved, determine the official duty stations of bankruptcy judges and
places of holding court.
(2) The Judicial Conference shall, from time to time, submit
recommendations to the Congress regarding the number of bankruptcy
judges needed and the districts in which such judges are needed.
(3) Not later than December 31, 1994, and not later than the end of
each 2-year period thereafter, the Judicial Conference of the United
States shall conduct a comprehensive review of all judicial districts to
assess the continuing need for the bankruptcy judges authorized by this
section, and shall report to the Congress its findings and any
recommendations for the elimination of any authorized position which can
be eliminated when a vacancy exists by reason of resignation,
retirement, removal, or death.
(c) Each bankruptcy judge may hold court at such places within the
judicial district, in addition to the official duty station of such
judge, as the business of the court may require.
(d) With the approval of the Judicial Conference and of each of the
judicial councils involved, a bankruptcy judge may be designated to
serve in any district adjacent to or near the district for which such
bankruptcy judge was appointed.
(e) A bankruptcy judge may be removed during the term for which such
bankruptcy judge is appointed, only for incompetence, misconduct,
neglect of duty, or physical or mental disability and only by the
judicial council of the circuit in which the judge's official duty
station is located. Removal may not occur unless a majority of all of
the judges of such council concur in the order of removal. Before any
order of removal may be entered, a full specification of charges shall
be furnished to such bankruptcy judge who shall be accorded an
opportunity to be heard on such charges.
(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat.
336; amended Pub. L. 99-554, title I, Sec. 101, Oct. 27, 1986, 100 Stat.
3088; Pub. L. 100-587, Nov. 3, 1988, 102 Stat. 2982; Pub. L. 101-650,
title III, Sec. 304, Dec. 1, 1990, 104 Stat. 5105; Pub. L. 102-361,
Secs. 2, 4, Aug. 26, 1992, 106 Stat. 965, 966.)
Amendments
1992--Subsec. (a)(2). Pub. L. 102-361, Sec. 2, in item relating to
district of Arizona substituted ``7'' for ``5'', in item relating to
central district of California substituted ``21'' for ``19'', in item
relating to district of Connecticut substituted ``3'' for ``2'', in item
relating to middle district of Florida substituted ``8'' for ``4'', in
item relating to southern district of Florida substituted ``5'' for
``3'', in item relating to northern district of Georgia substituted
``8'' for ``6'', inserted item relating to middle and southern districts
of Georgia, in item relating to district of Maryland substituted ``4''
for ``3'', in item relating to district of Massachusetts substituted
``5'' for ``4'', in item relating to district of New Jersey substituted
``8'' for ``7'', in item relating to southern district of New York
substituted ``9'' for ``7'', in item relating to eastern district of
Pennsylvania substituted ``5'' for ``3'', in item relating to middle
district of Tennessee substituted ``3'' for ``2'', in item relating to
western district of Tennessee substituted ``4'' for ``3'', in item
relating to northern district of Texas substituted ``6'' for ``5'', and
in item relating to eastern district of Virginia substituted ``5'' for
``4''.
Subsec. (b)(3). Pub. L. 102-361, Sec. 4, added par. (3).
1990--Subsec. (a)(1). Pub. L. 101-650 inserted after third sentence
``However, upon the expiration of the term, a bankruptcy judge may, with
the approval of the judicial council of the circuit, continue to perform
the duties of the office until the earlier of the date which is 180 days
after the expiration of the term or the date of the appointment of a
successor.''
1988--Subsec. (a)(2). Pub. L. 100-587 in item relating to district
of Alaska substituted ``2'' for ``1'', in item relating to district of
Colorado substituted ``5'' for ``4'', in item relating to district of
Kansas substituted ``4'' for ``3'', in item relating to eastern district
of Kentucky substituted ``2'' for ``1'', in item relating to eastern
district of Texas substituted ``2'' for ``1'', in item relating to
western district of Texas substituted ``4'' for ``3'', and in item
relating to district of Arizona substituted ``5'' for ``4''.
1986--Subsec. (a)(2). Pub. L. 99-554 in item relating to eastern
district and western district of Arkansas substituted ``3'' for ``2'',
in item relating to northern district of California substituted ``9''
for ``7'', in item relating to eastern district of California
substituted ``6'' for ``4'', in item relating to central district of
California substituted ``19'' for ``12'', in item relating to southern
district of California substituted ``4'' for ``3'', in item relating to
middle district of Florida substituted ``4'' for ``2'', in item relating
to northern district of Georgia substituted ``6'' for ``4'', in item
relating to southern district of Georgia substituted ``2'' for ``1'', in
item relating to district of Idaho substituted ``2'' for ``1'', in item
relating to northern district of Illinois substituted ``10'' for ``8'',
in item relating to central district of Illinois substituted ``3'' for
``2'', in item relating to northern district of Indiana substituted
``3'' for ``2'', in item relating to northern district of Iowa
substituted ``2'' for ``1'', in item relating to southern district of
Iowa substituted ``2'' for ``1'', in item relating to western district
of Kentucky substituted ``3'' for ``2'', in item relating to western
district of Louisiana substituted ``3'' for ``2'', in item relating to
district of Maryland substituted ``3'' for ``2'', in item relating to
western district of Michigan substituted ``3'' for ``2'', in item
relating to district of Nebraska substituted ``2'' for ``1'', in item
relating to district of Nevada substituted ``3'' for ``2'', in item
relating to district of New Jersey substituted ``7'' for ``5'', in item
relating to western district of North Carolina substituted ``2'' for
``1'', in item relating to northern district of Oklahoma substituted
``2'' for ``1'', in item relating to western district of Oklahoma
substituted ``3'' for ``2'', in item relating to district of Oregon
substituted ``5'' for ``4'', in item relating to western district of
Pennsylvania substituted ``4'' for ``3'', in item relating to district
of South Carolina substituted ``2'' for ``1'', in item relating to
district of South Dakota substituted ``2'' for ``1'', in item relating
to eastern district of Tennessee substituted ``3'' for ``2'', in item
relating to western district of Tennessee substituted ``3'' for ``2'',
in item relating to northern district of Texas substituted ``5'' for
``4'', in item relating to southern district of Texas substituted ``6''
for ``3'', in item relating to western district of Texas substituted
``3'' for ``2'', in item relating to district of Utah substituted ``3''
for ``2'', in item relating to eastern district of Virginia substituted
``4'' for ``3'', in item relating to eastern district of Washington
substituted ``2'' for ``1'', in item relating to western district of
Washington substituted ``5'' for ``4'', and in item relating to eastern
district of Wisconsin substituted ``4'' for ``3''.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-554 effective Oct. 27, 1986, see section
302(b) of Pub. L. 99-554, set out as a note under section 581 of this
title.
Temporary Appointment of Additional Judges
Section 3 of Pub. L. 102-361, as amended by Pub. L. 104-317, title
III, Sec. 307, Oct. 19, 1996, 110 Stat. 3852, provided that:
``(a) Appointments.--The following bankruptcy judges shall be
appointed in the manner prescribed in section 152(a)(1) of title 28,
United States Code:
``(1) 1 additional bankruptcy judge for the northern district of
Alabama.
``(2) 1 additional bankruptcy judge for the district of
Colorado.
``(3) 1 additional bankruptcy judge for the district of
Delaware.
``(4) 1 additional bankruptcy judge for the southern district of
Illinois.
``(5) 1 additional bankruptcy judge for the district of New
Hampshire.
``(6) 1 additional bankruptcy judge for the middle district of
North Carolina.
``(7) 1 additional bankruptcy judge for the district of Puerto
Rico.
``(8) 1 additional bankruptcy judge for the district of South
Carolina.
``(9) 1 additional bankruptcy judge for the eastern district of
Tennessee.
``(10) 1 additional bankruptcy judge for the western district of
Texas.
``(b) Vacancies.--The first vacancy in the office of bankruptcy
judge in each of the judicial districts set forth in subsection (a),
resulting from the death, retirement, resignation, or removal of a
bankruptcy judge, and occurring 5 years or more after the appointment
date of the judge named to fill the temporary judgeship position, shall
not be filled. In the case of a vacancy resulting from the expiration of
the term of a bankruptcy judge not described in the preceding sentence,
that judge shall be eligible for reappointment as a bankruptcy judge in
that district.''
Extension and Termination of Term of Office of Part-Time Bankruptcy
Judge Serving on July 2, 1986, in District of Oregon, Western District
of Michigan, and Eastern District of Oklahoma
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 718, provided that:
``Notwithstanding the provisions of section 106(b)(1) of the Bankruptcy
Amendments and Federal Judgeship Act of 1984 [section 106(b)(1) of Pub.
L. 98-353, set out below], a bankruptcy judge serving on a part-time
basis on the date of enactment of this Act [July 2, 1986] may continue
to serve as a part-time judge for such district until December 31, 1986,
or until such time as a full-time bankruptcy judge for such district is
appointed, whichever is earlier: Provided, That these provisions shall
apply only to part-time bankruptcy judges serving in the district of
Oregon, the western district of Michigan, and the eastern district of
Oklahoma.''
Extension and Termination of Term of Office of Bankruptcy Judge and
Part-Time Bankruptcy Judge Serving on July 10, 1984; Practice of Law by
Part-Time Bankruptcy Judge
Section 106 of Pub. L. 98-353 provided that:
``(a) Notwithstanding section 152 of title 28, United States Code,
as added by this Act, the term of office of a bankruptcy judge who is
serving on the date of enactment of this Act [July 10, 1984] is extended
to and expires four years after the date such bankruptcy judge was last
appointed to such office or on October 1, 1986, whichever is later.
``(b)(1) Notwithstanding section 153(a) of title 28, United States
Code, as added by this Act, and notwithstanding subsection (a) of this
section, a bankruptcy judge serving on a part-time basis on the date of
enactment of this Act [July 10, 1984] may continue to serve on such
basis for a period not to exceed two years from the date of enactment of
this Act [July 10, 1984].
``(2) Notwithstanding the provisions of section 153(b) of title 28,
United States Code, a bankruptcy judge serving on a part-time basis may
engage in the practice of law but may not engage in any other practice,
business, occupation, or employment inconsistent with the expeditious,
proper, and impartial performance of such bankruptcy judge's duties as a
judicial officer. The Judicial Conference of the United States may
promulgate appropriate rules and regulations to implement this
paragraph.''
Appointment To Fill Vacancies; Nominations; Qualifications
Section 120 of Pub. L. 98-353, as amended by Pub. L. 99-554, title
I, Sec. 102, Oct. 27, 1986, 100 Stat. 3089; Pub. L. 104-317, title III,
Sec. 303, Oct. 19, 1996, 110 Stat. 3852, provided that:
``(a)(1) Whenever a court of appeals is authorized to fill a vacancy
that occurs on a bankruptcy court of the United States, such court of
appeals shall appoint to fill that vacancy a person whose character,
experience, ability, and impartiality qualify such person to serve in
the Federal judiciary.
``(2) It is the sense of the Congress that the courts of appeals
should consider for appointment under section 152 of title 28, United
States Code, to the first vacancy which arises after the date of the
enactment of this Act [July 10, 1984] in the office of each bankruptcy
judge, the bankruptcy judge who holds such office immediately before
such vacancy arises, if such bankruptcy judge requests to be considered
for such appointment.
``(3) When filling vacancies, the court of appeals may consider
reappointing incumbent bankruptcy judges under procedures prescribed by
regulations issued by the Judicial Conference of the United States.
``(b) The judicial council of the circuit involved shall assist the
court of appeals by evaluating potential nominees and by recommending to
such court for consideration for appointment to each vacancy on the
bankruptcy court persons who are qualified to be bankruptcy judges under
regulations prescribed by the Judicial Conference of the United States.
In the case of the first vacancy which arises after the date of the
enactment of this Act [July 10, 1984] in the office of each bankruptcy
judge, such potential nominees shall include the bankruptcy judge who
holds such office immediately before such vacancy arises, if such
bankruptcy judge requests to be considered for such appointment and the
judicial council determines that such judge is qualified under
subsection (c) of this section to continue to serve. Such potential
nominees shall receive consideration equal to that given all other
potential nominees for such position. All incumbent nominees seeking
reappointment thereafter may be considered for such a reappointment,
pursuant to a majority vote of the judges of the appointing court of
appeals, under procedures authorized under subsection (a)(3).
``(c) Before transmitting to the court of appeals the names of the
persons the judicial council for the circuit deems best qualified to
fill any existing vacancy, the judicial council shall have determined
that--
``(1) public notice of such vacancy has been given and an effort
has been made, in the case of each such vacancy, to identify
qualified candidates, without regard to race, color, sex, religion,
or national origin,
``(2) such persons are members in good standing of at least one
State bar, the District of Columbia bar, or the bar of the
Commonwealth of Puerto Rico, and members in good standing of every
other bar of which they are members,
``(3) such persons possess, and have a reputation for, integrity
and good character,
``(4) such persons are of sound physical and mental health,
``(5) such persons possess and have demonstrated commitment to
equal justice under law,
``(6) such persons possess and have demonstrated outstanding
legal ability and competence, as evidenced by substantial legal
experience, ability to deal with complex legal problems, aptitude
for legal scholarship and writing, and familiarity with courts and
court processes, and
``(7) such persons demeanor, character, and personality indicate
that they would exhibit judicial temperament if appointed to the
position of United States bankruptcy judge.''
Section Referred to in Other Sections
This section is referred to in sections 354, 372, 377 of this title;
title 5 section 8331.
