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28 U.S.C. § 134 — Tenure and residence of district judges

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 188 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says district judges serve for life during good behavior. Most must live in the district they serve. In some busy districts, a judicial council can order a judge to be based near a certain courthouse.

(a) District judges hold their office "during good behavior" — meaning they serve for as long as they behave properly, without a fixed term. (b) Except for judges in the District of Columbia, the Southern District of New York, and the Eastern District of New York, every district judge must live in the district — or one of the districts — they are appointed to. Judges in the Southern or Eastern District of New York may instead live within 20 miles of their district. (c) If the public interest and the amount of court business require a judge to be based at or near a particular place — or within a particular part of the district — for holding court, the circuit's judicial council may order that. If the district's judges cannot agree among themselves which of them should be based there, the judicial council decides for them.
the actual law source: uscode.house.gov ↗public domain
(a)

The district judges shall hold office during good behavior.

(b)

Each district judge, except in the District of Columbia, the Southern District of New York, and the Eastern District of New York, shall reside in the district or one of the districts for which he is appointed. Each district judge of the Southern District of New York and the Eastern District of New York may reside within 20 miles of the district to which he or she is appointed.

(c)

If the public interest and the nature of the business of a district court require that a district judge should maintain his abode at or near a particular place for holding court in the district or within a particular part of the district the judicial council of the circuit may so declare and may make an appropriate order. If the district judges of such a district are unable to agree as to which of them shall maintain his abode at or near the place or within the area specified in such an order the judicial council of the circuit may decide which of them shall do so.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 896; Aug. 3, 1949, ch. 387, § 2(b)(1), 63 Stat. 495; Feb. 10, 1954, ch. 6, § 2(b)(13)(a), 68 Stat. 12; Pub. L. 86–3, § 9(c), Mar. 18, 1959, 73 Stat. 8; Pub. L. 87–36, § 2(e)(3), May 19, 1961, 75 Stat. 83; Pub. L. 89–571, § 1, Sept. 12, 1966, 80 Stat. 764; Pub. L. 92–208, § 3(e), Dec. 18, 1971, 85 Stat. 742; Pub. L. 104–317, title VI, § 607, Oct. 19, 1996, 110 Stat. 3860.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 896
  • 1949Amended · Act of Aug. 3, 1949, ch. 387 · 63 Stat. 495
  • 1954Amended · Act of Feb. 10, 1954, ch. 6 · 68 Stat. 12
  • 1959Amended · Pub. L. 86-3 · 73 Stat. 8
  • 1961Amended · Pub. L. 87-36 · 75 Stat. 83
  • 1966Amended · Pub. L. 89-571 · 80 Stat. 764
  • 1971Amended · Pub. L. 92-208 · 85 Stat. 742
  • 1996Amended · Pub. L. 104-317 · 110 Stat. 3860

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

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