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28 U.S.C. § 331Judicial Conference of the United States

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 919 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Judicial Conference, a yearly meeting of top federal judges led by the Chief Justice. The Conference studies how federal courts are run and recommends rule changes and judge assignments. It also reports to Congress each year and helps oversee judicial security.

Every year, the Chief Justice of the United States must summon the chief judge of each judicial circuit, the chief judge of the Court of International Trade, and one district judge from each circuit, to a conference at a time and place the Chief Justice designates. The Chief Justice presides over this meeting, called the Judicial Conference of the United States, and may also call special sessions whenever needed. The district judge from each circuit is chosen by that circuit's circuit and district judges, and serves on the Conference for a term of 3 to 5 years, set by majority vote of those judges. This judge may be either actively serving or retired under section 371(b). If the chief judge of a circuit, the chief judge of the Court of International Trade, or the chosen district judge cannot attend, the Chief Justice may summon a different circuit or district judge from that circuit, or another Court of International Trade judge, instead. Every summoned judge must attend and, unless excused by the Chief Justice, must remain throughout the sessions, advising on what their circuit or court needs and on any way the administration of justice could be improved. The Conference must make a comprehensive survey of how busy the federal courts are and prepare plans for assigning judges between circuits or districts where needed. It must also submit suggestions and recommendations to the courts to promote uniform management procedures and the efficient conduct of court business. The Conference is authorized to exercise the authority in chapter 16 of this title, either directly or through a standing committee. If it establishes a standing committee, the Chief Justice appoints its members, and that committee reviews all petitions for review. The Conference or the committee may hold hearings, take sworn testimony, issue subpoenas (including for documents), and make necessary and appropriate orders while exercising this authority. Subpoenas are issued by the clerk of the Supreme Court or of any court of appeals, at the Chief Justice's direction, under the court's seal, and served the way subpoenas for the United States are served under Rule 45(c) of the Federal Rules of Civil Procedure. The Conference may also prescribe and modify rules for exercising the chapter 16 authority. All federal judicial officers and employees must promptly carry out every order of the Conference or its standing committee. The Conference must also carry on a continuous study of how the general rules of practice and procedure -- prescribed by the Supreme Court for the other federal courts -- actually operate, and may recommend changes to the Supreme Court aimed at promoting simplicity in procedure, fairness in administration, the just resolution of cases, and eliminating unjustifiable expense and delay. The Supreme Court then considers, adopts, modifies, or rejects those recommendations. The Judicial Conference must review rules that courts other than the Supreme Court and the district courts prescribe under section 2071, checking them for consistency with federal law, and may modify or abrogate any rule found inconsistent. If the Chief Justice requests it, the Attorney General must report to the Conference on matters involving the business of the federal courts, especially cases where the United States is a party. The Chief Justice must submit to Congress an annual report on the Conference's proceedings and its recommendations for legislation. The Judicial Conference must consult on an ongoing basis with the Director of the United States Marshals Service about the judicial branch's security requirements, so the Conference's views are factored into staffing levels, program priorities, and the allocation of security resources. "Judicial security" here includes the security of buildings housing the judiciary, the personal security of judicial officers, threat assessments against judicial officers, and the protection of other judicial personnel. The United States Marshals Service retains final authority over security requirements for the judicial branch.
the actual law source: uscode.house.gov ↗public domain

The Chief Justice of the United States shall summon annually the chief judge of each judicial circuit, the chief judge of the Court of International Trade, and a district judge from each judicial circuit to a conference at such time and place in the United States as he may designate. He shall preside at such conference which shall be known as the Judicial Conference of the United States. Special sessions of the Conference may be called by the Chief Justice at such times and places as he may designate.

The district judge to be summoned from each judicial circuit shall be chosen by the circuit and district judges of the circuit and shall serve as a member of the Judicial Conference of the United States for a term of not less than 3 successive years nor more than 5 successive years, as established by majority vote of all circuit and district judges of the circuit. A district judge serving as a member of the Judicial Conference may be either a judge in regular active service or a judge retired from regular active service under section 371(b) of this title.

If the chief judge of any circuit, the chief judge of the Court of International Trade, or the district judge chosen by the judges of the circuit is unable to attend, the Chief Justice may summon any other circuit or district judge from such circuit or any other judge of the Court of International Trade, as the case may be. Every judge summoned shall attend and, unless excused by the Chief Justice, shall remain throughout the sessions of the conference and advise as to the needs of his circuit or court and as to any matters in respect of which the administration of justice in the courts of the United States may be improved.

The Conference shall make a comprehensive survey of the condition of business in the courts of the United States and prepare plans for assignment of judges to or from circuits or districts where necessary. It shall also submit suggestions and recommendations to the various courts to promote uniformity of management procedures and the expeditious conduct of court business. The Conference is authorized to exercise the authority provided in chapter 16 of this title as the Conference, or through a standing committee. If the Conference elects to establish a standing committee, it shall be appointed by the Chief Justice and all petitions for review shall be reviewed by that committee. The Conference or the standing committee may hold hearings, take sworn testimony, issue subpoenas and subpoenas duces tecum, and make necessary and appropriate orders in the exercise of its authority. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the Supreme Court or by the clerk of any court of appeals, at the direction of the Chief Justice 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 any agency thereof. The Conference may also prescribe and modify rules for the exercise of the authority provided in chapter 16 of this title. All judicial officers and employees of the United States shall promptly carry into effect all orders of the Judicial Conference or the standing committee established pursuant to this section.

The Conference shall also carry on a continuous study of the operation and effect of the general rules of practice and procedure now or hereafter in use as prescribed by the Supreme Court for the other courts of the United States pursuant to law. Such changes in and additions to those rules as the Conference may deem desirable to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay shall be recommended by the Conference from time to time to the Supreme Court for its consideration and adoption, modification or rejection, in accordance with law.

The Judicial Conference shall review rules prescribed under section 2071 of this title by the courts, other than the Supreme Court and the district courts, for consistency with Federal law. The Judicial Conference may modify or abrogate any such rule so reviewed found inconsistent in the course of such a review.

The Attorney General shall, upon request of the Chief Justice, report to such Conference on matters relating to the business of the several courts of the United States, with particular reference to cases to which the United States is a party.

The Chief Justice shall submit to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation.

The Judicial Conference shall consult with the Director of 1 United States Marshals Service on a continuing basis regarding the security requirements for the judicial branch of the United States Government, to ensure that the views of the Judicial Conference regarding the security requirements for the judicial branch of the Federal Government are taken into account when determining staffing levels, setting priorities for programs regarding judicial security, and allocating judicial security resources. In this paragraph, the term “judicial security” includes the security of buildings housing the judiciary, the personal security of judicial officers, the assessment of threats made to judicial officers, and the protection of all other judicial personnel. The United States Marshals Service retains final authority regarding security requirements for the judicial branch of the Federal Government.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 902; July 9, 1956, ch. 517, § 1(d), 70 Stat. 497; Pub. L. 85–202, Aug. 28, 1957, 71 Stat. 476; Pub. L. 85–513, July 11, 1958, 72 Stat. 356; Pub. L. 87–253, §§ 1, 2, Sept. 19, 1961, 75 Stat. 521; Pub. L. 95–598, title II, § 208, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96–458, § 4, Oct. 15, 1980, 94 Stat. 2040; Pub. L. 97–164, title I, § 111, Apr. 2, 1982, 96 Stat. 29; Pub. L. 99–466, § 1, Oct. 14, 1986, 100 Stat. 1190; Pub. L. 100–702, title IV, § 402(b), Nov. 19, 1988, 102 Stat. 4650; Pub. L. 104–317, title VI, § 601(a), Oct. 19, 1996, 110 Stat. 3857; Pub. L. 107–273, div. C, title I, § 11043(b), Nov. 2, 2002, 116 Stat. 1855; Pub. L. 110–177, title I, § 101(b), Jan. 7, 2008, 121 Stat. 2534.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 902
  • 1956Amended · Act of July 9, 1956, ch. 517 · 70 Stat. 497
  • 1957Amended · Pub. L. 85-202 · 71 Stat. 476
  • 1958Amended · Pub. L. 85-513 · 72 Stat. 356
  • 1961Amended · Pub. L. 87-253 · 75 Stat. 521
  • 1978Amended · Pub. L. 95-598 · 92 Stat. 2660
  • 1980Amended · Pub. L. 96-458 · 94 Stat. 2040
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 29
  • 1986Amended · Pub. L. 99-466 · 100 Stat. 1190
  • 1988Amended · Pub. L. 100-702 · 102 Stat. 4650
  • 1996Amended · Pub. L. 104-317 · 110 Stat. 3857
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1855
  • 2008Amended · Pub. L. 110-177 · 121 Stat. 2534

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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