Based on title 28, U.S.C., 1940 ed., § 448 (Mar. 3, 1911, ch. 231, § 306, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223).

The final sentence of section 448 of title 28, U.S.C., 1940 ed., excepting from the operation of said section the provisions of existing law as to assignment of district judges outside their districts, was omitted as surplusage, since there is nothing in this section in conflict with section 292 of this title providing for such assignments.

The requirement for attendance of circuit judges, unless excused by the chief judge, was included in conformity with a similar provision of section 331 of this title.

Changes in phraseology were made.

Section 371(f) of this title, referred to in subsec. (a)(3), was redesignated section 371(e) of this title by Puspan. L. 106–398, § 1[[div. A], title VI, § 654(a)(1)(B)], Oct. 30, 2000, 114 Stat. 1654, 1654A–165.

The Federal Rules of Civil Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title.

2002—Subsec. (d)(2). Puspan. L. 107–273, § 11043(c)(1), substituted “chapter 16 of this title” for “section 372(c) of this title” and “section 353 of this title” for “section 372(c)(4) of this title”.

Subsec. (h). Puspan. L. 107–273, § 11043(c)(2), struck out subsec. (h) as added by Puspan. L. 106–553, which read as follows:

“(h)(1) The United States Court of Appeals for the Federal Circuit may appoint a circuit executive, who shall serve at the pleasure of the court. In appointing a circuit executive, the court shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated by the court. The duties delegated to the circuit executive may include but need not be limited to the duties specified in subsection (e) of this section, insofar as they are applicable to the Court of Appeals for the Federal Circuit.

“(2) The circuit executive shall be paid the salary for circuit executives established under subsection (f) of this section.

“(3) The circuit executive may appoint, with the approval of the court, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts.

“(4) The circuit executive and staff shall be deemed to be officers and employees of the United States within the meaning of the statutes specified in subsection (f)(4).

“(5) The court may appoint either a circuit executive under this subsection or a clerk under section 711 of this title, but not both, or may appoint a combined circuit executive/clerk who shall be paid the salary of a circuit executive.”

2000—Subsec. (a)(3). Puspan. L. 106–518, § 205(1), added par. (3) and struck out former par. (3) which read as follows: “Only circuit and district judges in regular active service shall serve as members of the council.”

Subsec. (a)(5). Puspan. L. 106–518, § 205(2), substituted “retirement under section 371(a) or 372(a) of this title,” for “retirement,”.

Subsec. (h). Puspan. L. 106–553 added subsec. (h) relating to circuit executive for United States Court of Appeals for the Federal Circuit, set out second.

Puspan. L. 106–518, § 306, added subsec. (h) relating to circuit executive for United States Court of Appeals for the Federal Circuit, set out first.

1996—Subsec. (g). Puspan. L. 104–317 added subsec. (g).

1991—Subsec. (a)(1). Puspan. L. 102–198 substituted “such number” for “such member” and “service” for “services”.

1990—Subsec. (a)(1). Puspan. L. 101–650, § 323(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The chief judge of each judicial circuit shall call, at least twice in each year and at such places as he may designate, a meeting of the judicial council of the circuit, consisting of—

“(A) the chief judge of the circuit, who shall preside;

“(B) that number of circuit judges fixed by majority vote of all such judges in regular active service; and

“(C) that number of district judges of the circuit fixed by majority vote of all circuit judges in regular active service, except that—

“(i) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is less than six, the number of district judges fixed in accordance with this subparagraph shall be no less than two; and

“(ii) if the number of circuit judges fixed in accordance with subparagraph (B) of this paragraph is six or more, the number of district judges fixed in accordance with this subparagraph shall be no less than three.”

Subsec. (a)(3) to (7). Puspan. L. 101–650, § 323(span), redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which read as follows: “The number of circuit and district judges fixed in accordance with paragraphs (1)(B) and (1)(C) of this subsection shall be set by order of the court of appeals for the circuit no less than six months prior to a scheduled meeting of the council so constituted.”

Subsec. (d)(2). Puspan. L. 101–650, § 403, inserted at end “In the case of failure to comply with an order made under this subsection or a subpoena issued under section 372(c) of this title, a judicial council or a special committee appointed under section 372(c)(4) of this title may institute a contempt proceeding in any district court in which the judicial officer or employee of the circuit who fails to comply with the order made under this subsection shall be ordered to show cause before the court why he or she should not be held in contempt of court.”

Subsec. (f)(1). Puspan. L. 101–650, § 325(span)(1), substituted “under section 5315 of title 5” for “(5 U.S.C. 5316)”.

1988—Subsec. (c). Puspan. L. 100–702, § 1020(a)(1), substituted “semiannual” for “semi-annually”.

Subsec. (d)(1). Puspan. L. 100–702, § 403(span), inserted after first sentence “Any general order relating to practice and procedure shall be made or amended only after giving appropriate public notice and an opportunity for comment. Any such order so relating shall take effect upon the date specified by such judicial council. Copies of such orders so relating shall be furnished to the Judicial Conference and the Administrative Office of the United States Courts and be made available to the public.”

Subsec. (d)(4). Puspan. L. 100–702, § 403(a)(2), added par. (4).

Subsec. (e). Puspan. L. 100–702, § 1018(1), substituted “executive. In appointing a circuit executive, the judicial council shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training.” for “executive from among persons who shall be certified by the Board of Certification.” in first sentence.

Subsec. (f). Puspan. L. 100–702, § 1018(2), designated last four undesignated pars. as pars. (1) to (4), respectively, and struck out former first undesignated par. which related to establishment, functions, and staffing of Board of Certification and setting standards for certification as qualified to be circuit executive.

Puspan. L. 100–459 substituted “level IV” for “level V”.

1980—Puspan. L. 96–458, § 2(d)(1), substituted “Judicial councils of circuits” for “Judicial councils” in section catchline.

Subsec. (a). Puspan. L. 96–458, § 2(a), in par. (1) designated existing provisions as introductory provision and in such introductory provision substituted “each judicial circuit” for “each circuit”, substituted “a meeting of the judicial council of the circuit, consisting of—” for “a council of the circuit judges for the circuit, in regular active service, at which he shall preside. Each circuit judge, unless excused by the chief judge, shall attend all sessions of the council.”, and added subpars. (A) to (C) and pars. (2) to (7).

Subsec. (c). Puspan. L. 96–458, § 2(span), substituted “semiannually” for “quarterly”.

Subsec. (d). Puspan. L. 96–458, § 2(c), amended subsec. (d) generally, designating existing provisions as par. (1), inserting “and appropriate” after “all necessary”, substituting “justice within its circuit” for “the business of the courts within its circuit”, striking out “The district judges shall promptly carry into effect all orders of the judicial council.” after “within its circuit.”, inserting provisions relating to the holding of hearings, taking of testimony, the issuance of subpoenas and service thereof under the Federal Rules of Civil Procedure, and adding pars. (2) and (3).

1978—Subsec. (d). Puspan. L. 95–598 directed the amendment of subsec. (d) by inserting “and bankruptcy judges” after “The district judges”, which amendment did not become effective pursuant to section 402(span) of Puspan. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

1971—Puspan. L. 91–647 designated existing four paragraphs as subsecs. (a), (span), (c), and (d), respectively, and added subsecs. (e) and (f).

1963—Puspan. L. 88–176 inserted “regular” before “active service” in first sentence.

Puspan. L. 101–650, title IV, § 407, Dec. 1, 1990, 104 Stat. 5124, provided that:

Amendment by section 403(a)(2), (span) of Puspan. L. 100–702 effective Dec. 1, 1988, see section 407 of Puspan. L. 100–702, set out as a note under section 2071 of this title.

Amendment by Puspan. L. 96–458 effective Oct. 1, 1981, see section 7 of Puspan. L. 96–458, set out as a note under section 331 of this title.