§ 44. — Appointment, tenure, residence and salary of circuit 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: 28USC44]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 3--COURTS OF APPEALS
Sec. 44. Appointment, tenure, residence and salary of circuit
judges
(a) The President shall appoint, by and with the advice and consent
of the Senate, circuit judges for the several circuits as follows:
Number of
Circuits Judges
District of Columbia...................................... 12
First..................................................... 6
Second.................................................... 13
Third..................................................... 14
Fourth.................................................... 15
Fifth..................................................... 17
Sixth..................................................... 16
Seventh................................................... 11
Eighth.................................................... 11
Ninth..................................................... 28
Tenth..................................................... 12
Eleventh.................................................. 12
Federal................................................... 12.
(b) Circuit judges shall hold office during good behavior.
(c) Except in the District of Columbia, each circuit judge shall be
a resident of the circuit for which appointed at the time of his
appointment and thereafter while in active service. While in active
service, each circuit judge of the Federal judicial circuit appointed
after the effective date of the Federal Courts Improvement Act of 1982,
and the chief judge of the Federal judicial circuit, whenever appointed,
shall reside within fifty miles of the District of Columbia. In each
circuit (other than the Federal judicial circuit) there shall be at
least one circuit judge in regular active service appointed from the
residents of each state \1\ in that circuit.
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\1\ So in original. Probably should be capitalized.
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(d) Each circuit judge shall receive a salary at an annual rate
determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C.
351-361), as adjusted by section 461 of this title.
(June 25, 1948, ch. 646, 62 Stat. 871; Aug. 3, 1949, ch. 387, Sec. 1, 63
Stat. 493; Feb. 10, 1954, ch. 6, Sec. 1, 68 Stat. 8; Mar. 2, 1955, ch.
9, Sec. 1(b), 69 Stat. 10; Pub. L. 87-36, Sec. 1(b), May 19, 1961, 75
Stat. 80; Pub. L. 88-426, title IV, Sec. 403(b), Aug. 14, 1964, 78 Stat.
434; Pub. L. 89-372, Sec. 1(b), Mar. 18, 1966, 80 Stat. 75; Pub. L. 90-
347, Sec. 3, June 18, 1968, 82 Stat. 184; Pub. L. 94-82, title II,
Sec. 205(b)(2), Aug. 9, 1975, 89 Stat. 422; Pub. L. 95-486, Sec. 3(b),
Oct. 20, 1978, 92 Stat. 1632; Pub. L. 96-452, Sec. 3, Oct. 14, 1980, 94
Stat. 1994; Pub. L. 97-164, title I, Sec. 102, Apr. 2, 1982, 96 Stat.
25; Pub. L. 98-353, title II, Sec. 201(b), July 10, 1984, 98 Stat. 346;
Pub. L. 101-650, title II, Sec. 202(b), Dec. 1, 1990, 104 Stat. 5099;
Pub. L. 102-198, Sec. 10(c), Dec. 9, 1991, 105 Stat. 1626; Pub. L. 105-
119, title III, Sec. 307, Nov. 26, 1997, 111 Stat. 2493.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 213, and sections 11-201,
11-202, District of Columbia Code, 1940 ed. (Feb. 9, 1893, ch. 74,
Sec. 1, 27 Stat. 434; Mar. 3, 1901, ch. 854, Secs. 221, 222, 31 Stat.
1224; Mar. 3, 1911, ch. 231, Sec. 118, 36 Stat. 1131; Jan. 13, 1912, ch.
9, 37 Stat. 52; Feb. 25, 1919, ch. 29, Sec. 2, 40 Stat. 1156; Sept. 14,
1922, ch. 306, Sec. 6, 42 Stat. 840; Mar. 3, 1925, ch. 437, 43 Stat.
1116; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; Feb. 28, 1929, ch.
363, Sec. 2, 45 Stat. 1347; Mar. 1, 1929, ch. 413, Secs. 1, 2, 45 Stat.
1414; June 10, 1930, ch. 437, 46 Stat. 538; June 10, 1930, ch. 438, 46
Stat. 538; June 19, 1930, ch. 538, 46 Stat. 785; June 16, 1933, ch. 102,
48 Stat. 310; Aug. 2, 1935, ch. 425, Sec. 1, 49 Stat. 508; June 24,
1936, ch. 735, Sec. 1, 49 Stat. 1903; Apr. 14, 1937, ch. 80, 50 Stat.
64; May 31, 1938, ch. 290, Secs. 1, 3, 52 Stat. 584, 585; May 24, 1940,
ch. 209, Sec. 1, 54 Stat. 219; Dec. 14, 1942, ch. 731, 56 Stat. 1050;
Dec. 7, 1944, ch. 521, Sec. 1, 58 Stat. 796; July 31, 1946, ch. 704,
Sec. 1, 60 Stat. 716).
This section includes the members of the United States Court of
Appeals for the District of Columbia and designates them as ``judges''
rather than as ``justices'', thus harmonizing it with the provisions of
section 41 of this title, which specifically designates the District of
Columbia as a judicial circuit of the United States. In doing so it
consolidates sections 11-201, 11-202 of the District of Columbia Code,
1940 ed., which provided for one ``chief justice'' and five associate
``justices.''
Act February 9, 1893, established a court of appeals for the
District of Columbia to consist of one chief justice and two associate
justices whose jurisdiction was almost entirely to review the judgments
of the Supreme Court of the District of Columbia, the name of which was
changed in 1936 to the District Court of the United States for the
District of Columbia. Circuit courts were established by the first
Judiciary Act of September 24, 1789, Sec. 4, and R.S. Sec. 608, enacted
June 22, 1874. R.S. Sec. 605 provided that the words ``circuit justice''
and ``justice of a circuit'' should designate the justice of the Supreme
Court of the United States allotted to any circuit; that ``judge'' when
applied to any circuit included such justice.
The Judiciary Appropriation Act, 1945, Act June 26, 1944, ch. 277,
Sec. 202, 58 Stat. 358, provided that as used in that Act, ``the term
`circuit court of appeals' includes the United States Court of Appeals
for the District of Columbia; the term `senior circuit judge' includes
the Chief Justice of the United States Court of Appeals for the District
of Columbia; and the term `circuit judge' includes associate justice of
the United States Court of Appeals for the District of Columbia; and the
term `judge' includes justice.''
Provisions in section 11-202 of the District of Columbia Code, 1940
ed., and section 213 of title 28, U.S.C., 1940 ed., for payment of
salaries in monthly installments were omitted, since time of payment is
a matter of administrative convenience (20 Comp. Gen. 834).
The exception in subsection (c) extends to circuit judges in the
District of Columbia the effect of the recent decision in U.S. ex rel.
Laughlin v. Eicher, D.C. 1944, 56 F.Supp. 972, holding that residence
requirement of section 1 of title 28, U.S.C., 1940 ed., did not apply to
district judges in the District of Columbia. (See Reviser's Note under
section 134 of this title.)
The provision in section 213 of the title 28, U.S.C., 1940 ed., that
``it shall be the duty of each circuit judge in each circuit to sit as
one of the judges of the circuit court of appeals in that circuit from
time to time according to law,'' was omitted as unnecessary since the
duty to serve is implied by the creation and composition of the court in
section 43 of this title.
Last sentence, providing that nothing in section 213 of title 28,
U.S.C., 1940 ed., should prevent a circuit judge from holding district
court as provided by law, was omitted as unnecessary. (See section 291
of this title authorizing assignments to district courts.)
Subsection (b) was added in conformity with the U.S. Constitution,
art. 3.
Changes were made in phraseology.
References in Text
The effective date of the Federal Courts Improvement Act of 1982,
referred to in subsec. (c), is the effective date of Pub. L. 97-164,
Oct. 1, 1982. See Effective Date of 1982 Amendment note set out under
section 171 of this title.
Section 225 of the Federal Salary Act of 1967, referred to in
subsec. (d), is section 225 of Pub. L. 90-206, Dec. 16, 1967, 81 Stat.
642, as amended, which is classified to chapter 11 (Sec. 351 et seq.) of
Title 2, The Congress.
Amendments
1997--Subsec. (c). Pub. L. 105-119 inserted at end ``In each circuit
(other than the Federal judicial circuit) there shall be at least one
circuit judge in regular active service appointed from the residents of
each state in that circuit.''
1991--Subsec. (c). Pub. L. 102-198 substituted ``the Federal Courts
Improvement Act of 1982'' for ``this Act''.
1990--Subsec. (a). Pub. L. 101-650 altered number of permanent
circuit judgeships in named circuits as follows:
------------------------------------------------------------------------
Circuits Former New
------------------------------------------------------------------------
Third................................................. 12 14
Fourth................................................ 11 15
Fifth................................................. 16 17
Sixth................................................. 15 16
Eighth................................................ 10 11
Tenth................................................. 10 12
------------------------------------------------------------------------
1984--Subsec. (a). Pub. L. 98-353 altered number of permanent
circuit judgeships in named circuits as follows:
------------------------------------------------------------------------
Circuits Former New
------------------------------------------------------------------------
District of Columbia.................................. 11 12
First................................................. 4 6
Second................................................ 11 13
Third................................................. 10 12
Fourth................................................ 10 11
Fifth................................................. 14 16
Sixth................................................. 11 15
Seventh............................................... 9 11
Eighth................................................ 9 10
Ninth................................................. 23 28
Tenth................................................. 8 10
Eleventh.............................................. 12 12
Federal............................................... 12 12
------------------------------------------------------------------------
1982--Subsec. (a). Pub. L. 97-164, Sec. 102(a), inserted item
relating to Federal circuit with 12 judges.
Subsec. (c). Pub. L. 97-164, Sec. 102(b), inserted provision
relating to requirement that judges of Federal judicial circuit reside
within fifty miles of the District of Columbia.
1980--Subsec. (a). Pub. L. 96-452 substituted ``14'' for ``26'' in
item relating to fifth circuit, and added item relating to eleventh
circuit.
1978--Subsec. (a). Pub. L. 95-486 altered number of permanent
circuit judgeships in the named circuits as follows:
------------------------------------------------------------------------
Circuits Former New
------------------------------------------------------------------------
District of Columbia.................................. 9 11
First................................................. 3 4
Second................................................ 9 11
Third................................................. 9 10
Fourth................................................ 7 10
Fifth................................................. 15 26
Sixth................................................. 9 11
Seventh............................................... 8 9
Eighth................................................ 8 9
Ninth................................................. 13 23
Tenth................................................. 7 8
------------------------------------------------------------------------
1975--Subsec. (d). Pub. L. 94-82 substituted provision that each
circuit judge shall receive a salary at an annual rate determined under
section 225 of the Federal Salary Act of 1967, as adjusted by section
461 of this title, for provision that each circuit judge shall receive a
salary of $33,000 a year.
1968--Subsec. (a). Pub. L. 90-347 increased the number of circuit
judges in the enumerated circuits as follows: Third Circuit, eight to
nine; Fifth Circuit, nine to fifteen; Sixth Circuit, eight to nine;
Ninth Circuit, nine to thirteen, and Tenth Circuit, six to seven.
1966--Subsec. (a). Pub. L. 89-372 increased the number of circuit
judges in the enumerated circuits as follows: Fourth Circuit, five to
seven; Sixth Circuit, six to eight; Seventh Circuit, seven to eight;
Eighth Circuit, seven to eight.
1964--Subsec. (d). Pub. L. 88-426 increased the salary of the
circuit judges from $25,500 to $33,000.
1961--Subsec. (a). Pub. L. 87-36 increased the number of circuit
judges in the enumerated circuits, as follows: Second Circuit, six to
nine; Third Circuit, seven to eight; Fourth Circuit, three to five;
Fifth Circuit, seven to nine; Seventh Circuit, six to seven; and Tenth
Circuit, five to six.
1955--Subsec. (d). Act Mar. 2, 1955, increased the salary of circuit
judges from ``$17,500'' a year to ``$25,500''.
1954--Subsec. (a). Act Feb. 10, 1954, increased the number of
circuit judges in the Fifth Circuit from six to seven, and in the Ninth
Circuit from seven to nine.
1949--Subsec. (a). Act Aug. 3, 1949, increased the number of circuit
judges for the District of Columbia from six to nine, for the third
circuit from six to seven, for the seventh circuit from five to six, and
for the tenth circuit from four to five.
Effective Date of 1990 Amendment
Section 206 of title II of Pub. L. 101-650 provided that: ``This
title [amending this section and section 133 of this title and enacting
provisions set out as notes under this section and sections 133 and 331
of this title] shall take effect on the date of the enactment of this
title [Dec. 1, 1990].''
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
Amendment by Pub. L. 96-452 effective Oct. 1, 1981, see section 12
of Pub. L. 96-452, set out as a note under section 41 of this title.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to extent provided
in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426.
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5
of act Mar. 2, 1955, set out as a note under section 31 of Title 2, The
Congress.
Nomination to Federal Judgeship on Nondiscriminatory Basis
Section 211 of Pub. L. 98-353 provided that: ``It is the sense of
the Congress that the President, in selecting individuals for nomination
to the Federal judgeships created by this Act [see Short Title of 1984
Amendment note set out under section 151 of this title], shall give due
consideration to qualified individuals without regard to race, color,
sex, religion, or national origin.''
Continued Service of Judges
Section 165 of Pub. L. 97-164 provided that judges of United States
Court of Claims and of United States Court of Customs and Patent Appeals
in regular active service on Oct. 1, 1982, would continue in office as
judges of United States Court of Appeals for the Federal Circuit and
senior judges of United States Court of Claims and of United States
Court of Customs and Patent Appeals on Oct. 1, 1982, would continue in
office as senior judges of United States Court of Appeals for the
Federal Circuit.
Congressional Statement Regarding Appointment of Judges
Section 168 of Pub. L. 97-164 provided that: ``The Congress--
``(1) takes notice of the fact that the quality of the Federal
judiciary is determined by the competence and experience of its
judges; and
``(2) suggests that the President, in nominating individuals to
judgeships on the United States Court of Appeals for the Federal
Circuit and the United States Claims Court [now United States Court
of Federal Claims], select from a broad range of qualified
individuals.''
Salary Increases
2003--Salaries of circuit judges increased to $164,000 per annum,
effective on first day of first pay period beginning on or after Jan. 1,
2003, by Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, as amended by
Ex. Ord. No. 13291, Sec. 3, Mar. 21, 2003, 68 F.R. 14525, set out as a
note under section 5332 of Title 5, Government Organization and
Employees.
2002--Salaries of circuit judges increased to $159,100 per annum,
effective on first day of first pay period beginning on or after Jan. 1,
2002, by Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, formerly set
out as a note under section 5332 of Title 5.
2001--Salaries of circuit judges increased to $153,900 per annum,
effective on first day of first pay period beginning on or after Jan. 1,
2001, by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R.
10057, formerly set out as a note under section 5332 of Title 5.
2000--Salaries of circuit judges increased to $149,900 per annum,
effective on first day of first pay period beginning on or after Jan. 1,
2000, by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, formerly set
out as a note under section 5332 of Title 5.
1999--Salaries of circuit judges continued at $145,000 per annum, by
Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a
note under section 5332 of Title 5.
1998--Salaries of circuit judges increased to $145,000 per annum,
effective on first day of first pay period beginning on or after Jan. 1,
1998, by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set
out as a note under section 5332 of Title 5.
1997--Salaries of circuit judges continued at $141,700 per annum, by
Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a
note under section 5332 of Title 5.
1996--Salaries of circuit judges continued at $141,700 per annum, by
Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a
note under section 5332 of Title 5.
1995--Salaries of circuit judges continued at $141,700 per annum, by
Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a
note under section 5332 of Title 5.
1993--Salaries of circuit judges increased to $141,700 per annum,
effective on first day of first pay period beginning on or after Jan. 1,
1993, by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set
out as a note under section 5332 of Title 5.
1992--Salaries of circuit judges increased to $137,300 per annum,
effective on first day of first pay period beginning on or after Jan. 1,
1992, by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set
out as a note under section 5332 of Title 5.
1991--Salaries of circuit judges increased to $132,700 per annum,
effective on first day of first pay period beginning on or after Jan. 1,
1991, by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set
out as a note under section 5332 of Title 5.
1990--Salaries of circuit judges continued at $95,000 per annum, and
increased to $102,500, effective on first day of first pay period
beginning on or after Jan. 31, 1990, by Ex. Ord. No. 12698, Dec. 23,
1989, 54 F.R. 53473, formerly set out as a note under section 5332 of
Title 5.
1989--Salaries of circuit judges increased in the amount of 25
percent of their rates (as last in effect before the increase),
effective Jan. 1, 1991, see Pub. L. 101-194, title VII, Sec. 703(a)(3),
Nov. 30, 1989, 103 Stat. 1768, set out as a note under section 5318 of
Title 5.
Salaries of circuit judges continued at $95,000 per annum by Ex.
Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note
under section 5332 of Title 5.
1988--Salaries of circuit judges continued at $95,000 per annum by
Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a
note under section 5332 of Title 5.
1987--Salaries of circuit judges increased to $95,000 per annum, on
recommendation of the President of the United States, see note set out
under section 358 of Title 2, The Congress.
Salaries of circuit judges increased to $85,700 effective on first
day of first pay period beginning on or after Jan. 1, 1987, by Ex. Ord.
No. 12578, Dec. 31, 1986, 55 F.R. 505, formerly set out as a note under
section 5332 of Title 5, Government Organization and Employees.
1985--Salaries of circuit judges increased to $83,200 effective on
first day of first pay period beginning on or after Jan. 1, 1985, by Ex.
Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No.
12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under
section 5332 of Title 5.
1984--Salaries of circuit judges increased to $80,400 effective on
first day of first pay period beginning on or after Jan. 1, 1984, by Ex.
Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No.
12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984,
49 F.R. 36493, formerly set out as a note under section 5332 of Title 5.
1982--Salaries of circuit judges increased to $77,300 effective on
first day of first pay period beginning on or after Oct. 1, 1982, by Ex.
Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12387 further provided that
pursuant to section 140 of Pub. L. 97-92 funds are not available to pay
a salary at a rate which exceeds the rate in effect on Dec. 15, 1981,
which was $74,300.
Maximum rate payable after Dec. 17, 1982, increased from $74,300 to
$77,300, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96
Stat. 1914, set out as a note under section 5318 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1983,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101(e) of Pub. L. 97-276,
as amended, set out as a note under section 5318 of Title 5.
1981--Salaries of circuit judges increased to $74,300 effective on
first day of first pay period beginning on or after Oct. 1, 1981, by Ex.
Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note
under section 5332 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1982,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see sections 101(g) and 141 of Pub.
L. 97-92, set out as a note under section 5318 of Title 5.
1980--Salaries of circuit judges increased to $70,900 effective on
first day of first pay period beginning on or after Oct. 1, 1980, by Ex.
Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that
pursuant to Pub. L. 96-369 funds are not available to pay a salary at a
rate which exceeds the rate in effect on Sept. 30, 1980, which was
$60,662.50.
Limitations on use of funds for fiscal year ending Sept. 30, 1981,
appropriated by any Act to pay the salary or pay of any individual in
legislative, executive, or judicial branch in position equal to or above
level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536,
as amended, set out as a note under section 5318 of Title 5.
1979--Salaries of circuit judges increased to $65,000 effective on
first day of first applicable pay period beginning on or after Oct. 1,
1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by
Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a
note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided
that pursuant to Pub. L. 96-86 funds appropriated for fiscal year 1980
may not be used to pay a salary at a rate which exceeds an increase of
5.5 percent over the applicable rate payable for such position or office
in effect on Sept. 30, 1978, which was $60,662.50 for circuit judges.
Applicability to funds appropriated by any Act for fiscal year
ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on
use of funds to pay the salary or pay of any individual in legislative,
executive, or judicial branch in position equal to or above Level V of
the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a
note under section 5318 of Title 5.
1978--Salaries of circuit judges increased to $60,700 effective on
first day of first pay period beginning on or after Oct. 1, 1978, by Ex.
Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12087 further provided that
pursuant to the Legislative Branch Appropriation Act, 1979 [Pub. L. 95-
391, title III, Sec. 304, Sept. 30, 1978, 92 Stat. 788, set out as a
note under section 5318 of Title 5], funds are not available to pay a
salary at a rate which exceeds the rate in effect on Sept. 30, 1978,
which was $57,500.
1977--Salaries of circuit judges increased to $57,500 per annum, on
recommendation of the President of the United States, see note set out
under section 358 of Title 2, The Congress.
1976--Salaries of circuit judges increased to $46,800 effective on
first day of first pay period beginning on or after Oct. 1, 1976, by Ex.
Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note
under section 5332 of Title 5, Government Organization and Employees.
Ex. Ord. No. 11941 further provided that pursuant to Legislative Branch
Appropriation Act, 1977, funds are not available to pay a salary at a
rate which exceeds rate in effect on Sept. 30, 1976, which was $44,600.
1975--Salaries of circuit judges increased to $44,600 effective on
first day of first pay period beginning on or after Oct. 1, 1975, by Ex.
Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out as a note
under section 5332 of Title 5.
1969--Salary of circuit judge increased from $33,000 to $42,500 per
annum, commencing Feb. 14, 1969, on recommendation of President of
United States, see note set out under section 358 of Title 2, The
Congress.
1946--Salaries of circuit judges increased from $12,500 to $17,500 a
year by act July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716.
1926--Salaries of circuit judges increased from $8,500 to $12,500 a
year by act Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919.
1919--Salaries of circuit judges increased from $7,000 to $8,500 a
year by act Feb. 25, 1919, ch. 29, Sec. 1, 40 Stat. 1156.
1911--Salaries of circuit court judges set at $7,000 a year by the
Judicial Code of 1911, act Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat. 1131.
Additional Judges
Since 1925, the appointment of additional judges was authorized by
the following acts:
Second circuit. Act May 31, 1938, ch. 290, Sec. 1, 52 Stat. 584.
Third circuit. Act Aug. 3, 1949, ch. 387, Sec. 1, 63 Stat. 493; act
Dec. 7, 1944, ch. 521, Sec. 1, 58 Stat. 796; act June 10, 1930, ch. 438,
46 Stat. 538; act June 24, 1936, ch. 735, Sec. 1, 49 Stat. 1903,
repealed by act May 31, 1938, ch. 290, Sec. 3, 52 Stat. 585.
Fifth circuit. Act Dec. 14, 1942, ch. 731, 56 Stat. 1050; act May
31, 1938, ch. 290, Sec. 1, 52 Stat. 584; act June 10, 1930, ch. 437, 46
Stat. 538.
Sixth circuit. Act May 24, 1940, ch. 209, Sec. 1, 54 Stat. 219; act
May 31, 1938, ch. 290, Sec. 1, 52 Stat. 584.
Seventh circuit. Act Aug. 3, 1949, ch. 387, Sec. 1, 63 Stat. 493;
act May 31, 1938, ch. 290, Sec. 1, 52 Stat. 584.
Eighth circuit. Act May 24, 1940, ch. 209, Sec. 1, 54 Stat. 219; act
Mar. 3, 1925, ch. 436, 43 Stat. 1116.
Ninth circuit. Act Apr. 14, 1937, ch. 80, 50 Stat. 64; act Aug. 2,
1935, ch. 425, Sec. 1, 49 Stat. 508; act June 16, 1933, ch. 102, 48
Stat. 310 (removing limitation on filling of vacancy); act Mar. 1, 1929,
ch. 413, 45 Stat. 1414.
Tenth circuit. Act Aug. 3, 1949, ch. 387, Sec. 1, 63 Stat. 493.
District of Columbia Court of Appeals. Act Aug. 3, 1949, ch. 387,
Sec. 1, 63 Stat. 493; act May 31, 1938, ch. 290, Sec. 2, 52 Stat. 584;
act June 19, 1930, ch. 538, 46 Stat. 785.
Act Feb. 28, 1929, ch. 363, Sec. 2, 45 Stat. 1346, 1347 provided
that ``There shall be in the sixth, seventh, and tenth circuits,
respectively, four circuit judges; and in the second and eighth
circuits, respectively, five circuit judges; and, in each of the other
circuits three circuit judges, to be appointed by the President, by and
with the advice and consent of the Senate.''
Another part of section 1 of act Feb. 10, 1954, which amended
subsec. (a) of this section, provided for the appointment by the
President, by and with the advice and consent of the Senate, of the
additional judges for the Fifth and Ninth Circuits, provided for in such
amendment.
Section 1(a) of Pub. L. 87-36 provided that: ``The President shall
appoint, by and with the advice and consent of the Senate, three
additional circuit judges for the second circuit, one additional circuit
judge for the third circuit, two additional circuit judges for the
fourth circuit, two additional circuit judges for the fifth circuit, one
additional circuit judge for the seventh circuit, and one additional
circuit judge for the tenth circuit.''
Section 1(a) of Pub. L. 89-372 provided that: ``The President shall
appoint, by and with the advice and consent of the Senate, two
additional circuit judges for the fourth circuit, two additional circuit
judges for the sixth circuit, one additional circuit judge for the
seventh circuit, and one additional circuit judge for the eighth
circuit.''
Section 1(c) of Pub. L. 89-372, as amended by Pub. L. 90-347,
Sec. 2, June 18, 1968, 82 Stat. 183, provided that: ``The President
shall appoint, by and with the advice and consent of the Senate, four
additional circuit judges for the fifth circuit.'' The second sentence
of section 1(c) of Pub. L. 89-372 which provided that the first four
vacancies occurring in the office of circuit judge in the fifth circuit
shall not be filled was deleted by section 2 of Pub. L. 90-347, which
also made those judgeships permanent and further provided that the
present incumbents of such judgeships shall henceforth hold their
offices under this section.
Section 1 of Pub. L. 90-347 provided: ``That the President shall
appoint, by and with the advice and consent of the Senate, one
additional circuit judge for the third circuit, two additional circuit
judges for the fifth circuit, one additional circuit judge for the sixth
circuit, four additional circuit judges for the ninth circuit, and one
additional circuit judge for the tenth circuit.''
Section 3(a) of Pub. L. 95-486 provided that: ``The President shall
appoint, by and with the advice and consent of the Senate, one
additional circuit judgeship for the first circuit, two additional
circuit judgeships for the second circuit, one additional circuit
judgeship for the third circuit, three additional circuit judgeships for
the fourth circuit, eleven additional circuit judgeships for the fifth
circuit, two additional circuit judgeships for the sixth circuit, one
additional circuit judgeship for the seventh circuit, one additional
circuit judgeship for the eighth circuit, ten additional circuit
judgeships for the ninth circuit, one additional circuit judgeship for
the tenth circuit, and two additional circuit judgeships for the
District of Columbia.''
Section 201(a) of Pub. L. 98-353 provided that:
``(1) Subject to the provisions of paragraph (2), the President
shall appoint, by and with the advice and consent of the Senate, two
additional circuit judges for the first circuit court of appeals, two
additional circuit judges for the second circuit court of appeals, two
additional circuit judges for the third circuit court of appeals, one
additional circuit judge for the fourth circuit court of appeals, two
additional circuit judges for the fifth circuit court of appeals, four
additional circuit judges for the sixth circuit court of appeals, two
additional circuit judges for the seventh circuit court of appeals, one
additional circuit judge for the eighth circuit court of appeals, five
additional circuit judges for the ninth circuit court of appeals, two
additional circuit judges for the tenth circuit court of appeals, and
one additional circuit judge for the District of Columbia circuit court
of appeals.
``(2) The President shall appoint, by and with the advice and
consent of the Senate, no more than 11 of such judges prior to January
21, 1985.''
Section 202(a) of Pub. L. 101-650 provided that: ``The President
shall appoint, by and with the advice and consent of the Senate--
``(1) 2 additional circuit judges for the third circuit court of
appeals;
``(2) 4 additional circuit judges for the fourth circuit court
of appeals;
``(3) 1 additional circuit judge for the fifth circuit court of
appeals;
``(4) 1 additional circuit judge for the sixth circuit court of
appeals;
``(5) 1 additional circuit judge for the eighth circuit court of
appeals; and
``(6) 2 additional circuit judges for the tenth circuit court of
appeals.''
Executive Order No. 11972
Ex. Ord. No. 11972, Feb. 14, 1977, 42 F.R. 9659, as amended by Ex.
Ord. No. 11993, May 24, 1977, 42 F.R. 27197, which related to the United
States Circuit Judge Nominating Commission, was revoked by Ex. Ord. No.
12059, May 11, 1978, 43 F.R. 20949, formerly set out below.
Executive Order No. 12059
Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, as amended by Ex.
Ord. No. 12097, Nov. 8, 1978, 43 F.R. 52455, which established the
United States Circuit Judge Nominating Commission and provided for its
membership, functions, etc., was revoked by Ex. Ord. No. 12305, May 5,
1981, 46 F.R. 25421, set out as a note under section 14 of the Federal
Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 992 of this title.
