§ 332. — Judicial councils of circuits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC332]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 15--CONFERENCES AND COUNCILS OF JUDGES
Sec. 332. Judicial councils of circuits
(a)(1) The chief judge of each judicial circuit shall call, at least
twice in each year and at such places as he or she may designate, a
meeting of the judicial council of the circuit, consisting of the chief
judge of the circuit, who shall preside, and an equal number of circuit
judges and district judges of the circuit, as such number is determined
by majority vote of all such judges of the circuit in regular active
service.
(2) Members of the council shall serve for terms established by a
majority vote of all judges of the circuit in regular active service.
(3) Except for the chief judge of the circuit, either judges in
regular active service or judges retired from regular active service
under section 371(b) of this title may serve as members of the council.
Service as a member of a judicial council by a judge retired from
regular active service under section 371(b) may not be considered for
meeting the requirements of section 371(f)(1)(A), (B), or (C).\1\
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\1\ See References in Text note below.
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(4) No more than one district judge from any one district shall
serve simultaneously on the council, unless at least one district judge
from each district within the circuit is already serving as a member of
the council.
(5) In the event of the death, resignation, retirement under section
371(a) or 372(a) of this title, or disability of a member of the
council, a replacement member shall be designated to serve the remainder
of the unexpired term by the chief judge of the circuit.
(6) Each member of the council shall attend each council meeting
unless excused by the chief judge of the circuit.
(b) The council shall be known as the Judicial Council of the
circuit.
(c) The chief judge shall submit to the council the semiannual
reports of the Director of the Administrative Office of the United
States Courts. The council shall take such action thereon as may be
necessary.
(d)(1) Each judicial council shall make all necessary and
appropriate orders for the effective and expeditious administration of
justice within its circuit. Any general order relating to practice and
procedure shall be made or amended only after giving appropriate public
notice and an opportunity for comment. Any such order so relating shall
take effect upon the date specified by such judicial council. Copies of
such orders so relating shall be furnished to the Judicial Conference
and the Administrative Office of the United States Courts and be made
available to the public. Each council is authorized to hold hearings, to
take sworn testimony, and to issue subpoenas and subpoenas duces tecum.
Subpoenas and subpoenas duces tecum shall be issued by the clerk of the
court of appeals, at the direction of the chief judge of the circuit or
his designee and under the seal of the court, and shall be served in the
manner provided in rule 45(c) of the Federal Rules of Civil Procedure
for subpoenas and subpoenas duces tecum issued on behalf of the United
States or an officer or agency thereof.
(2) All judicial officers and employees of the circuit shall
promptly carry into effect all orders of the judicial council. In the
case of failure to comply with an order made under this subsection or a
subpoena issued under chapter 16 of this title, a judicial council or a
special committee appointed under section 353 of this title may
institute a contempt proceeding in any district court in which the
judicial officer or employee of the circuit who fails to comply with the
order made under this subsection shall be ordered to show cause before
the court why he or she should not be held in contempt of court.
(3) Unless an impediment to the administration of justice is
involved, regular business of the courts need not be referred to the
council.
(4) Each judicial council shall periodically review the rules which
are prescribed under section 2071 of this title by district courts
within its circuit for consistency with rules prescribed under section
2072 of this title. Each council may modify or abrogate any such rule
found inconsistent in the course of such a review.
(e) The judicial council of each circuit may appoint a circuit
executive. In appointing a circuit executive, the judicial council shall
take into account experience in administrative and executive positions,
familiarity with court procedures, and special training. The circuit
executive shall exercise such administrative powers and perform such
duties as may be delegated to him by the circuit council. The duties
delegated to the circuit executive of each circuit may include but need
not be limited to:
(1) Exercising administrative control of all nonjudicial activities
of the court of appeals of the circuit in which he is appointed.
(2) Administering the personnel system of the court of appeals of
the circuit.
(3) Administering the budget of the court of appeals of the circuit.
(4) Maintaining a modern accounting system.
(5) Establishing and maintaining property control records and
undertaking a space management program.
(6) Conducting studies relating to the business and administration
of the courts within the circuit and preparing appropriate
recommendations and reports to the chief judge, the circuit council, and
the Judicial Conference.
(7) Collecting, compiling, and analyzing statistical data with a
view to the preparation and presentation of reports based on such data
as may be directed by the chief judge, the circuit council, and the
Administrative Office of the United States Courts.
(8) Representing the circuit as its liaison to the courts of the
various States in which the circuit is located, the marshal's office,
State and local bar associations, civic groups, news media, and other
private and public groups having a reasonable interest in the
administration of the circuit.
(9) Arranging and attending meetings of the judges of the circuit
and of the circuit council, including preparing the agenda and serving
as secretary in all such meetings.
(10) Preparing an annual report to the circuit and to the
Administrative Office of the United States Courts for the preceding
calendar year, including recommendations for more expeditious
disposition of the business of the circuit.
All duties delegated to the circuit executive shall be subject to
the general supervision of the chief judge of the circuit.
(f)(1) Each circuit executive shall be paid at a salary to be
established by the Judicial Conference of the United States not to
exceed the annual rate of level IV of the Executive Schedule pay rates
under section 5315 of title 5.
(2) The circuit executive shall serve at the pleasure of the
judicial council of the circuit.
(3) The circuit executive may appoint, with the approval of the
council, necessary employees in such number as may be approved by the
Director of the Administrative Office of the United States Courts.
(4) The circuit executive and his staff shall be deemed to be
officers and employees of the judicial branch of the United States
Government within the meaning of subchapter III of chapter 83 (relating
to civil service retirement), chapter 87 (relating to Federal employees'
life insurance program), and chapter 89 (relating to Federal employees'
health benefits program) of title 5, United States Code.
(g) No later than January 31 of each year, each judicial council
shall submit a report to the Administrative Office of the United States
Courts on the number and nature of orders entered under this section
during the preceding calendar year that relate to judicial misconduct or
disability.
(h)(1) The United States Court of Appeals for the Federal Circuit
may appoint a circuit executive, who shall serve at the pleasure of the
court. In appointing a circuit executive, the court shall take into
account experience in administrative and executive positions,
familiarity with court procedures, and special training. The circuit
executive shall exercise such administrative powers and perform such
duties as may be delegated by the court. The duties delegated to the
circuit executive may include the duties specified in subsection (e) of
this section, insofar as such duties are applicable to the Court of
Appeals for the Federal Circuit.
(2) The circuit executive shall be paid the salary for circuit
executives established under subsection (f) of this section.
(3) The circuit executive may appoint, with the approval of the
court, necessary employees in such number as may be approved by the
Director of the Administrative Office of the United States Courts.
(4) The circuit executive and staff shall be deemed to be officers
and employees of the United States within the meaning of the statutes
specified in subsection (f)(4).
(5) The court may appoint either a circuit executive under this
subsection or a clerk under section 711 of this title, but not both, or
may appoint a combined circuit executive/clerk who shall be paid the
salary of a circuit executive.
(June 25, 1948, ch. 646, 62 Stat. 902; Pub. L. 88-176, Sec. 3, Nov. 13,
1963, 77 Stat. 331; Pub. L. 91-647, Jan. 5, 1971, 84 Stat. 1907; Pub. L.
95-598, title II, Sec. 209, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 96-458,
Sec. 2(a)-(d)(1), Oct. 15, 1980, 94 Stat. 2035, 2036; Pub. L. 100-459,
title IV, Sec. 407, Oct. 1, 1988, 102 Stat. 2213; Pub. L. 100-702, title
IV, Sec. 403(a)(2), (b), title X, Secs. 1018, 1020(a)(1), Nov. 19, 1988,
102 Stat. 4651, 4670, 4671; Pub. L. 101-650, title III, Secs. 323,
325(b)(1), title IV, Sec. 403, Dec. 1, 1990, 104 Stat. 5120, 5121, 5124;
Pub. L. 102-198, Sec. 1, Dec. 9, 1991, 105 Stat. 1623; Pub. L. 104-317,
title II, Sec. 208, Oct. 19, 1996, 110 Stat. 3851; Pub. L. 106-518,
title II, Sec. 205, title III, Sec. 306, Nov. 13, 2000, 114 Stat. 2414,
2418; Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 306], Dec. 21,
2000, 114 Stat. 2762, 2762A-85; Pub. L. 107-273, div. C, title I,
Sec. 11043(c), Nov. 2, 2002, 116 Stat. 1855.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 448 (Mar. 3, 1911, ch.
231, Sec. 306, as added Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat. 1223).
The final sentence of section 448 of title 28, U.S.C., 1940 ed.,
excepting from the operation of said section the provisions of existing
law as to assignment of district judges outside their districts, was
omitted as surplusage, since there is nothing in this section in
conflict with section 292 of this title providing for such assignments.
The requirement for attendance of circuit judges, unless excused by
the chief judge, was included in conformity with a similar provision of
section 331 of this title.
Changes in phraseology were made.
References in Text
Section 371(f) of this title, referred to in subsec. (a)(3), was
redesignated section 371(e) of this title by Pub. L. 106-398,
Sec. 1[[div. A], title VI, Sec. 654(a)(1)(B)], Oct. 30, 2000, 114 Stat.
1654, 1654A-165.
The Federal Rules of Civil Procedure, referred to in subsec. (d)(1),
are set out in the Appendix to this title.
Amendments
2002--Subsec. (d)(2). Pub. L. 107-273, Sec. 11043(c)(1), substituted
``chapter 16 of this title'' for ``section 372(c) of this title'' and
``section 353 of this title'' for ``section 372(c)(4) of this title''.
Subsec. (h). Pub. L. 107-273, Sec. 11043(c)(2), struck out subsec.
(h) as added by Pub. L. 106-553, which read as follows:
``(h)(1) The United States Court of Appeals for the Federal Circuit
may appoint a circuit executive, who shall serve at the pleasure of the
court. In appointing a circuit executive, the court shall take into
account experience in administrative and executive positions,
familiarity with court procedures, and special training. The circuit
executive shall exercise such administrative powers and perform such
duties as may be delegated by the court. The duties delegated to the
circuit executive may include but need not be limited to the duties
specified in subsection (e) of this section, insofar as they are
applicable to the Court of Appeals for the Federal Circuit.
``(2) The circuit executive shall be paid the salary for circuit
executives established under subsection (f) of this section.
``(3) The circuit executive may appoint, with the approval of the
court, necessary employees in such number as may be approved by the
Director of the Administrative Office of the United States Courts.
``(4) The circuit executive and staff shall be deemed to be officers
and employees of the United States within the meaning of the statutes
specified in subsection (f)(4).
``(5) The court may appoint either a circuit executive under this
subsection or a clerk under section 711 of this title, but not both, or
may appoint a combined circuit executive/clerk who shall be paid the
salary of a circuit executive.''
2000--Subsec. (a)(3). Pub. L. 106-518, Sec. 205(1), added par. (3)
and struck out former par. (3) which read as follows: ``Only circuit and
district judges in regular active service shall serve as members of the
council.''
Subsec. (a)(5). Pub. L. 106-518, Sec. 205(2), substituted
``retirement under section 371(a) or 372(a) of this title,'' for
``retirement,''.
Subsec. (h). Pub. L. 106-553 added subsec. (h) relating to circuit
executive for United States Court of Appeals for the Federal Circuit,
set out second.
Pub. L. 106-518, Sec. 306, added subsec. (h) relating to circuit
executive for United States Court of Appeals for the Federal Circuit,
set out first.
1996--Subsec. (g). Pub. L. 104-317 added subsec. (g).
1991--Subsec. (a)(1). Pub. L. 102-198 substituted ``such number''
for ``such member'' and ``service'' for ``services''.
1990--Subsec. (a)(1). Pub. L. 101-650, Sec. 323(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``The chief
judge of each judicial circuit shall call, at least twice in each year
and at such places as he may designate, a meeting of the judicial
council of the circuit, consisting of--
``(A) the chief judge of the circuit, who shall preside;
``(B) that number of circuit judges fixed by majority vote of
all such judges in regular active service; and
``(C) that number of district judges of the circuit fixed by
majority vote of all circuit judges in regular active service,
except that--
``(i) if the number of circuit judges fixed in accordance
with subparagraph (B) of this paragraph is less than six, the
number of district judges fixed in accordance with this
subparagraph shall be no less than two; and
``(ii) if the number of circuit judges fixed in accordance
with subparagraph (B) of this paragraph is six or more, the
number of district judges fixed in accordance with this
subparagraph shall be no less than three.''
Subsec. (a)(3) to (7). Pub. L. 101-650, Sec. 323(b), redesignated
pars. (4) to (7) as (3) to (6), respectively, and struck out former par.
(3) which read as follows: ``The number of circuit and district judges
fixed in accordance with paragraphs (1)(B) and (1)(C) of this subsection
shall be set by order of the court of appeals for the circuit no less
than six months prior to a scheduled meeting of the council so
constituted.''
Subsec. (d)(2). Pub. L. 101-650, Sec. 403, inserted at end ``In the
case of failure to comply with an order made under this subsection or a
subpoena issued under section 372(c) of this title, a judicial council
or a special committee appointed under section 372(c)(4) of this title
may institute a contempt proceeding in any district court in which the
judicial officer or employee of the circuit who fails to comply with the
order made under this subsection shall be ordered to show cause before
the court why he or she should not be held in contempt of court.''
Subsec. (f)(1). Pub. L. 101-650, Sec. 325(b)(1), substituted ``under
section 5315 of title 5'' for ``(5 U.S.C. 5316)''.
1988--Subsec. (c). Pub. L. 100-702, Sec. 1020(a)(1), substituted
``semiannual'' for ``semi-annually''.
Subsec. (d)(1). Pub. L. 100-702, Sec. 403(b), inserted after first
sentence ``Any general order relating to practice and procedure shall be
made or amended only after giving appropriate public notice and an
opportunity for comment. Any such order so relating shall take effect
upon the date specified by such judicial council. Copies of such orders
so relating shall be furnished to the Judicial Conference and the
Administrative Office of the United States Courts and be made available
to the public.''
Subsec. (d)(4). Pub. L. 100-702, Sec. 403(a)(2), added par. (4).
Subsec. (e). Pub. L. 100-702, Sec. 1018(1), substituted ``executive.
In appointing a circuit executive, the judicial council shall take into
account experience in administrative and executive positions,
familiarity with court procedures, and special training.'' for
``executive from among persons who shall be certified by the Board of
Certification.'' in first sentence.
Subsec. (f). Pub. L. 100-702, Sec. 1018(2), designated last four
undesignated pars. as pars. (1) to (4), respectively, and struck out
former first undesignated par. which related to establishment,
functions, and staffing of Board of Certification and setting standards
for certification as qualified to be circuit executive.
Pub. L. 100-459 substituted ``level IV'' for ``level V''.
1980--Pub. L. 96-458, Sec. 2(d)(1), substituted ``Judicial councils
of circuits'' for ``Judicial councils'' in section catchline.
Subsec. (a). Pub. L. 96-458, Sec. 2(a), in par. (1) designated
existing provisions as introductory provision and in such introductory
provision substituted ``each judicial circuit'' for ``each circuit'',
substituted ``a meeting of the judicial council of the circuit,
consisting of--'' for ``a council of the circuit judges for the circuit,
in regular active service, at which he shall preside. Each circuit
judge, unless excused by the chief judge, shall attend all sessions of
the council.'', and added subpars. (A) to (C) and pars. (2) to (7).
Subsec. (c). Pub. L. 96-458, Sec. 2(b), substituted ``semiannually''
for ``quarterly''.
Subsec. (d). Pub. L. 96-458, Sec. 2(c), amended subsec. (d)
generally, designating existing provisions as par. (1), inserting ``and
appropriate'' after ``all necessary'', substituting ``justice within its
circuit'' for ``the business of the courts within its circuit'',
striking out ``The district judges shall promptly carry into effect all
orders of the judicial council.'' after ``within its circuit.'',
inserting provisions relating to the holding of hearings, taking of
testimony, the issuance of subpoenas and service thereof under the
Federal Rules of Civil Procedure, and adding pars. (2) and (3).
1978--Subsec. (d). Pub. L. 95-598 directed the amendment of subsec.
(d) by inserting ``and bankruptcy judges'' after ``The district
judges'', which amendment did not become effective pursuant to section
402(b) of Pub. L. 95-598, as amended, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy.
1971--Pub. L. 91-647 designated existing four paragraphs as subsecs.
(a), (b), (c), and (d), respectively, and added subsecs. (e) and (f).
1963--Pub. L. 88-176 inserted ``regular'' before ``active service''
in first sentence.
Effective Date of 1990 Amendment
Section 407 of Pub. L. 101-650 provided that: ``The amendments made
by this subtitle [subtitle I (Secs. 402-407) of title IV of Pub. L. 101-
650, amending this section, sections 372, 453, and 2077 of this title,
and provisions set out in the Appendix to Title 5, Government
Organization and Employees] shall take effect 90 days after the date of
the enactment of this Act [Dec. 1, 1990].''
Effective Date of 1988 Amendment
Amendment by section 403(a)(2), (b) of Pub. L. 100-702 effective
Dec. 1, 1988, see section 407 of Pub. L. 100-702, set out as a note
under section 2071 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7 of
Pub. L. 96-458, set out as a note under section 331 of this title.
Section Referred to in Other Sections
This section is referred to in sections 356, 372 of this title;
title 5 section 5307.
