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28 U.S.C. § 44 — Appointment, tenure, residence and salary of circuit judges

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 211 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets how many judges each federal circuit court gets, ranging from 6 to 29 judges. The President appoints these judges with Senate approval, and they serve for life during good behavior. Most judges must live in the circuit they serve.

(a) The President appoints circuit judges, with the Senate's approval, for each of the thirteen circuits. The law sets exactly how many judges each circuit gets: the District of Columbia gets 11, the First Circuit gets 6, the Second gets 13, the Third gets 14, the Fourth gets 15, the Fifth gets 17, the Sixth gets 16, the Seventh gets 11, the Eighth gets 11, the Ninth gets 29, the Tenth gets 12, the Eleventh gets 12, and the Federal Circuit gets 12. (b) Circuit judges hold their office during good behavior — meaning they serve for life unless they do something that gets them removed. (c) Except for judges on the District of Columbia Circuit, every circuit judge must live in the circuit they were appointed to, both when they're appointed and for as long as they stay in active service. Federal Circuit judges appointed after the Federal Courts Improvement Act of 1982 took effect, and whoever is chief judge of the Federal Circuit at any time, must live within fifty miles of Washington, D.C. while in active service. In every circuit except the Federal Circuit, at least one active circuit judge must be a resident from each state within that circuit. (d) Each circuit judge is paid a yearly salary. That salary is set under section 225 of the Federal Salary Act of 1967, and it's adjusted according to section 461 of this title.
the actual law source: uscode.house.gov ↗public domain
(a)

The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows:

Circuits

Number of

Judges

District of Columbia

11  

First

6  

Second

13  

Third

14  

Fourth

15  

Fifth

17  

Sixth

16  

Seventh

11  

Eighth

11  

Ninth

29  

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.

(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.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 871; Aug. 3, 1949, ch. 387, § 1, 63 Stat. 493; Feb. 10, 1954, ch. 6, § 1, 68 Stat. 8; Mar. 2, 1955, ch. 9, § 1(b), 69 Stat. 10; Pub. L. 87–36, § 1(b), May 19, 1961, 75 Stat. 80; Pub. L. 88–426, title IV, § 403(b), Aug. 14, 1964, 78 Stat. 434; Pub. L. 89–372, § 1(b), Mar. 18, 1966, 80 Stat. 75; Pub. L. 90–347, § 3, June 18, 1968, 82 Stat. 184; Pub. L. 94–82, title II, § 205(b)(2), Aug. 9, 1975, 89 Stat. 422; Pub. L. 95–486, § 3(b), Oct. 20, 1978, 92 Stat. 1632; Pub. L. 96–452, § 3, Oct. 14, 1980, 94 Stat. 1994; Pub. L. 97–164, title I, § 102, Apr. 2, 1982, 96 Stat. 25; Pub. L. 98–353, title II, § 201(b), July 10, 1984, 98 Stat. 346; Pub. L. 101–650, title II, § 202(b), Dec. 1, 1990, 104 Stat. 5099; Pub. L. 102–198, § 10(c), Dec. 9, 1991, 105 Stat. 1626; Pub. L. 105–119, title III, § 307, Nov. 26, 1997, 111 Stat. 2493; Pub. L. 110–177, title V, § 509(a), Jan. 7, 2008, 121 Stat. 2543.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 871
  • 1949Amended · Act of Aug. 3, 1949, ch. 387 · 63 Stat. 493
  • 1954Amended · Act of Feb. 10, 1954, ch. 6 · 68 Stat. 8
  • 1955Amended · Act of Mar. 2, 1955, ch. 9 · 69 Stat. 10
  • 1961Amended · Pub. L. 87-36 · 75 Stat. 80
  • 1964Amended · Pub. L. 88-426 · 78 Stat. 434
  • 1966Amended · Pub. L. 89-372 · 80 Stat. 75
  • 1968Amended · Pub. L. 90-347 · 82 Stat. 184
  • 1975Amended · Pub. L. 94-82 · 89 Stat. 422
  • 1978Amended · Pub. L. 95-486 · 92 Stat. 1632
  • 1980Amended · Pub. L. 96-452 · 94 Stat. 1994
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 25
  • 1984Amended · Pub. L. 98-353 · 98 Stat. 346
  • 1990Amended · Pub. L. 101-650 · 104 Stat. 5099
  • 1991Amended · Pub. L. 102-198 · 105 Stat. 1626
  • 1997Amended · Pub. L. 105-119 · 111 Stat. 2493
  • 2008Amended · Pub. L. 110-177 · 121 Stat. 2543

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

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