§ 98. — Louisiana.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC98]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 5--DISTRICT COURTS
Sec. 98. Louisiana
Louisiana is divided into three judicial districts to be known as
the Eastern, Middle, and Western Districts of Louisiana.
Eastern District
(a) The Eastern District comprises the parishes of Assumption,
Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint
Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa,
Terrebonne, and Washington.
Court for the Eastern District shall be held at New Orleans, and
Houma.
Middle District
(b) The Middle District comprises the parishes of Ascension, East
Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint
Helena, West Baton Rouge, and West Feliciana.
Court for the Middle District shall be held at Baton Rouge.
Western District
(c) The Western District comprises the parishes of Acadia, Allen,
Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell,
Cameron, Catahoula, Claiborne, Concordia, Jefferson Davis, De Soto, East
Carroll, Evangeline, Franklin, Grant, Iberia, Jackson, Lafayette, La
Salle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red
River, Richland, Sabine, Saint Landry, Saint Martin, Saint Mary, Tensas,
Union, Vermilion, Vernon, Webster, West Carroll, and Winn.
Court for the Western District shall be held at Alexandria,
Lafayette, Lake Charles, Monroe, Opelousas, and
Shreveport.
(June 25, 1948, ch. 646, 62 Stat. 881; Pub. L. 87-36, Sec. 4, May 19,
1961, 75 Stat. 83; Pub. L. 92-208, Sec. 3(a), Dec. 18, 1971, 85 Stat.
741; Pub. L. 95-408, Sec. 3(a), Oct. 2, 1978, 92 Stat. 883; Pub. L. 98-
353, title II, Sec. 203(b), July 10, 1984, 98 Stat. 350.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 159 (Mar. 3, 1911, ch.
231, Sec. 84, 36 Stat. 1113).
Provisions relating to the maintenance of offices by the clerks were
omitted as covered by sections 452 and 751 of this title.
The parishes of Allen, Beauregard, and Jefferson Davis of the Lake
Charles Division of the Western District were formed out of part of
Calcasieu Parish since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
Amendments
1984--Subsec. (a). Pub. L. 98-353 inserted ``, and Houma'' after
``New Orleans''.
1978--Subsec. (c). Pub. L. 95-408 struck out par. (1) to (6)
designations which had divided the parishes of Western District into six
divisions.
1971--Pub. L. 92-208 created a Middle District consisting of the
nine parishes formerly making up Baton Rouge Division of Eastern
District and designated as the entire Eastern District the thirteen
parishes formerly making up New Orleans Division of Eastern District.
1961--Pub. L. 87-36 struck out from enumeration in subsec. (a)(1)
the parishes of Iberia and Saint Mary, in subsec. (b)(1) Lafayette,
Saint Martin and Vermilion, and in subsec. (b)(5) Acadia, and created
sixth division of subsec. (b), consisting of such parishes.
Effective Date of 1978 Amendment; Savings Provision
Amendment by Pub. L. 95-408 effective 180 days after Oct. 2, 1978,
with such amendment not to affect the composition or preclude the
service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act, see
section 5 of Pub. L. 95-408, set out as a note under section 89 of this
title.
Effective Date of 1971 Amendment
Section 3(f) of Pub. L. 92-208 provided that: ``The provisions of
this section [amending this section and sections 133 and 134 of this
title and enacting provisions set out below] shall become effective one
hundred and twenty days after the date of enactment of this Act [Dec.
18, 1971].''
District Judge, United States Attorney, and United States Marshal for
Middle District; Designation; Tenure; Appointment
Section 3(b), (c) of Pub. L. 92-208 provided that:
``(b) The district judge for the Eastern District of Louisiana
holding office on the day immediately prior to the effective date of
this section [see Effective Date of 1971 Amendment Note above], and
whose official station on such date is Baton Rouge, shall, on and after
such date, be the district judge for the Middle District of Louisiana.
All other district judges for the Eastern District of Louisiana holding
office on the day immediately prior to the effective date of this
section shall be district judges for the Eastern District of Louisiana
as constituted by this section.
``(c)(1) Nothing in this section shall in any manner affect the
tenure of office of the United States attorney and the United States
marshal for the Eastern District of Louisiana who are in office on the
effective date of this section, and who shall be during the remainder of
their present terms of office the United States attorney and marshal for
the Eastern District of Louisiana as constituted by this section.
``(2) The President shall appoint, by and with the advice and
consent of the Senate, a United States attorney and marshal for the
Middle District of Louisiana.''
