§ 41. — Number and composition 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: 28USC41]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 3--COURTS OF APPEALS
Sec. 41. Number and composition of circuits
The thirteen judicial circuits of the United States are constituted
as follows:
Circuits Composition
District of Columbia............................ District of Columbia.
First........................................... Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode
Island.
Second.......................................... Connecticut, New York, Vermont.
Third........................................... Delaware, New Jersey, Pennsylvania, Virgin Islands.
Fourth.......................................... Maryland, North Carolina, South Carolina, Virginia, West
Virginia.
Fifth........................................... District of the Canal Zone, Louisiana, Mississippi, Texas.
Sixth........................................... Kentucky, Michigan, Ohio, Tennessee.
Seventh......................................... Illinois, Indiana, Wisconsin.
Eighth.......................................... Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota,
South Dakota.
Ninth........................................... Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon,
Washington, Guam, Hawaii.
Tenth........................................... Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming.
Eleventh........................................ Alabama, Florida, Georgia.
Federal......................................... All Federal judicial districts.
(June 25, 1948, ch. 646, 62 Stat. 870; Oct. 31, 1951, ch. 655, Sec. 34,
65 Stat. 723; Pub. L. 96-452, Sec. 2, Oct. 14, 1980, 94 Stat. 1994; Pub.
L. 97-164, title I, Sec. 101, Apr. 2, 1982, 96 Stat. 25.)
Historical and Revision Notes
Based on title 28, U.S.C. 1940 ed., Sec. 211, and section 864 of
title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr.
12, 1900, ch. 191, Sec. 35, 31 Stat. 85; Mar. 3, 1911, ch. 231,
Sec. 116, 36 Stat. 1131; Jan. 28, 1915, ch. 22, Secs. 1, 2, 38 Stat.
803; Mar. 2, 1917, ch. 145, Sec. 42, 39 Stat. 966; Feb. 13, 1925, ch.
229, Secs. 1, 13, 43 Stat. 936, 942; Jan. 31, 1928, ch. 14, Sec. 1, 45
Stat. 54; Feb. 28, 1929, ch. 363, Sec. 1, 45 Stat. 1346; May 17, 1932,
ch. 190, 47 Stat. 158).
Form of section was simplified.
The District of Columbia was added as a separate circuit. This is in
accord with the decision of the Supreme Court of the United States which
held the Court of Appeals for the District of Columbia to be a circuit
court of appeals within the Transfer Act of Sept. 14, 1922, ch. 305, 42
Stat. 837, incorporated in the Judicial Code as Sec. 238(a), but
repealed by act Feb. 13, 1925, ch. 229, Sec. 13, 43 Stat. 942. (See
Swift and Co. v. U.S., 1928, 48 S.Ct. 311, 276 U.S. 311, 72 L.Ed. 587.)
In recognizing the District of Columbia as a separate circuit, the
Supreme Court recently used this language: ``* * * the eleven circuits
forming the single federal judicature * * *''. Comm'r. v. Bedford's
Estate, 65 S.Ct. 1157, at page 1160, 325 U.S. 283, 89 L.Ed. 611.
See section 17 of title 28, U.S.C., 1940 ed., providing, ``For the
purposes of sections 17-23 of this title, the District of Columbia shall
be deemed to be a judicial circuit * * *'', and act Dec. 23, 1944, ch.
724, 58 Stat. 925, which amended section 215 of title 28, U.S.C., 1940
ed., incorporated in section 42 of this title. Such amendment provided
that for the purposes of said section 215 ``the District of Columbia
shall be deemed to be a judicial circuit.''
Many other acts of Congress have recognized the District of Columbia
as a separate circuit. (See the following acts; Aug. 24, 1937, ch. 754,
50 Stat. 751; Feb. 11, 1938, ch. 25, 52 Stat. 28; Aug. 5, 1939, ch. 433,
53 Stat. 1204; Aug. 7, 1939, ch. 501, 53 Stat. 1223; Dec. 29, 1942, ch.
835, 56 Stat. 1094; May 11, 1944, ch. 192, 58 Stat. 218; Dec. 23, 1944,
ch. 724, 58 Stat. 925.)
See also the following acts recognizing the Court of Appeals for the
District of Columbia as a circuit court of appeals: Aug. 15, 1921, ch.
64, 42 Stat. 162; July 5, 1935, ch. 372, 49 Stat. 454; Aug. 24, 1937,
ch. 754, 50 Stat. 751; Apr. 6, 1942, ch. 210, 56 Stat. 198; May 9, 1942,
ch. 295, 56 Stat. 271. See also Rule 81(d) Federal Rules of Civil
Procedure.
In the following cases the Supreme Court of the United States has
recognized the status of the Court of Appeals of the District of
Columbia as a permanent establishment within the federal judicial
system: O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516,
77 L.Ed. 1356; Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557,
274 U.S. 145, 71 L.Ed. 972; Claiborne-Annapolis Ferry v. United States,
1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808; United States v.
California Canneries, 1929, 49 S.Ct. 423, 279 U.S. 553, 73 L.Ed. 838.
Alaska, Canal Zone, and Virgin Islands were added to the 9th, 5th,
and 3rd Circuits, respectively, to conform to section 1294 of this
title.
Some of the provisions of section 864 of title 48, U.S.C., 1940 ed.,
have been retained in said title. For those which were incorporated in
other sections of this revised title, see Distribution Table.
Amendments
1982--Pub. L. 97-164 increased number of judicial circuits from
twelve to thirteen through addition of Federal circuit composed of all
Federal judicial districts.
1980--Pub. L. 96-452 substituted ``twelve'' for ``eleven'' in text
preceding table, substituted ``District of the Canal Zone'' for
``Alabama, Canal Zone, Florida, Georgia'' in item relating to fifth
circuit, and added new item relating to eleventh circuit.
1951--Act Oct. 31, 1951, inserted reference to Guam in that part
relating to composition of Ninth judicial circuit.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Section 12 of Pub. L. 96-452 provided that: ``This Act and the
amendments made by this Act [amending this section and sections 44 and
48 of this title, and enacting provisions set out as notes under this
section] shall take effect on October 1, 1981.''
Termination of United States District Court for the District of the
Canal Zone
For termination of the United States District Court for the District
of the Canal Zone at end of the ``transition period'', being the 30-
month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982,
see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27,
1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to
3843, respectively, of Title 22, Foreign Relations and Intercourse.
Commission on Structural Alternatives for the Federal Courts of Appeals
Pub. L. 105-119, title III, Sec. 305, Nov. 26, 1997, 111 Stat. 2491,
established Commission on Structural Alternatives for the Federal Courts
of Appeals, directed Commission to study division of United States into
judicial circuits, study structure and alignment of Federal Court of
Appeals system, and report to President and Congress its recommendations
of changes needed to expeditiously and effectively dispose of caseload
of Federal Courts of Appeals, consistent with fundamental concepts of
fairness and due process, provided for Commission's membership and
compensation of members and staff, authorized appropriations, and
provided for termination of Commission 90 days after submission of its
report.
Assignment of Judges and Procedure for Administration of Pending Cases
With Regard to Reorganization of the Fifth Circuit Court of Appeals
Sections 5 to 10 of Pub. L. 96-452 provided that:
``Sec. 5. Each circuit judge in regular active service of the former
fifth circuit whose official station on the day before the effective
date of this Act [Oct. 1, 1981]--
``(1) is in Louisiana, Mississippi, or Texas is assigned as a
circuit judge of the new fifth circuit; and
``(2) is in Alabama, Florida, or Georgia is assigned as a
circuit judge of the eleventh circuit.
``Sec. 6. Each judge who is a senior judge of the former fifth
circuit on the day before the effective date of this Act [Oct. 1, 1981]
may elect to be assigned to the new fifth circuit or to the eleventh
circuit and shall notify the Director of the Administrative Office of
the United States Courts of such election.
``Sec. 7. The seniority of each judge--
``(1) who is assigned under section 5 of this Act; or
``(2) who elects to be assigned under section 6 of this Act;
shall run from the date of commission of such judge as a judge of the
former fifth circuit.
``Sec. 8. The eleventh circuit is authorized to hold terms or
sessions of court at New Orleans, Louisiana, until such time as adequate
facilities for such court are provided in Atlanta, Georgia.
``Sec. 9. The provisions of the following paragraphs of this section
apply to any case in which, on the day before the effective date of this
Act [Oct. 1, 1981], an appeal or other proceeding has been filed with
the former fifth circuit:
``(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same manner
and with the same effect as if this Act [amending sections 41, 44,
and 48 of this title, and enacting provisions set out as notes under
this section] had not been enacted.
``(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers, printed
records, and record entries duly certified, shall, by appropriate
orders, be transferred to the court to which it would have gone had
this Act been in full force and effect at the time such appeal was
taken or other proceeding commenced, and further proceedings in
respect of the case shall be had in the same manner and with the
same effect as if the appeal or other proceeding had been filed in
such court.
``(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this Act [Oct.
1, 1981], or submitted before the effective date of this Act and
decided on or after the effective date as provided in paragraph (1)
of this section, shall be treated in the same manner and with the
same effect as though this Act had not been enacted. If a petition
for rehearing en banc is granted, the matter shall be reheard by a
court comprised as though this Act had not been enacted.
``Sec. 10. As used in sections 5, 6, 7, 8, and 9 of this Act, the
term--
``(1) `former fifth circuit' means the fifth judicial circuit of
the United States as in existence on the day before the effective
date of this Act [Oct. 1, 1981];
``(2) the term `new fifth circuit' means the fifth judicial
circuit of the United States established by the amendment made by
section 2(2) of this Act [amending item relating to the fifth
circuit in this section]; and
``(3) the term `eleventh circuit' means the eleventh judicial
circuit of the United States established by the amendment made by
section 2(3) of this Act [adding item relating to the eleventh
circuit in this section].''
Administrative Action by Fifth Circuit Court of Appeals; Termination of
Court
Section 11 of Pub. L. 96-452 provided that: ``The court of appeals
for the fifth circuit as constituted on the day before the effective
date of this Act [Oct. 1, 1981] may take such administrative action as
may be required to carry out this Act [amending sections 41, 44, and 48
of this title, and enacting provisions set out as notes under this
section]. Such court shall cease to exist for administrative purposes on
July 1, 1984.''
Appeals Court Administrative Units
Pub. L. 95-486, Sec. 6, Oct. 20, 1978, 92 Stat. 1633, provided that:
``Any court of appeals having more than 15 active judges may constitute
itself into administrative units complete with such facilities and staff
as may be prescribed by the Administrative Office of the United States
Courts, and may perform its en banc function by such number of members
of its en banc courts as may be prescribed by rule of the court of
appeals.''
Northern Mariana Islands
Pub. L. 95-157, Sec. 1(a), Nov. 8, 1977, 91 Stat. 1265, provided
that the Northern Mariana Islands be part of the same judicial circuit
as Guam, i.e., the Ninth Circuit. See section 1694(a) of Title 48,
Territories and Insular Possessions.
Commission on Revision of the Federal Appellate System
Pub. L. 92-489, Oct. 13, 1972, 86 Stat. 807, as amended by Pub. L.
93-420, Sept. 19, 1974, 88 Stat. 1153, provided for the establishment,
membership, travel expenses, personnel, experts and consultants,
administrative and research services, cooperation of other governmental
agencies, and appropriations of not to exceed $606,000 of a Commission
on Revision of the Federal Court Appellate System which Commission was
to study the geographical division of the judicial circuits and the
structure and internal procedures of the appellate court system and to
report to the President, Congress, and the Chief Justice its
recommendations for changes in the geographical boundaries of the
circuits to expedite disposition of judicial business and for changes in
the appellate court structure to expedite disposition of the appellate
courts caseload in a manner consistent with fundamental concepts of
fairness and due process. The Commission was to cease existence ninety
days after submission of its final report, which report was submitted
June 20, 1975.
Continuation of Organization of Court
Section 2(b) of act June 25, 1948, ch. 646, 62 Stat. 985, 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 each of the several
courts therein provided, shall be construed as continuations 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.
