28 USC 93 - Illinois

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 152 (Mar. 3, 1911, ch. 231, § 79, 36 Stat. 1110; Aug. 12, 1937, ch. 594, 50 Stat. 624; June 6, 1940, ch. 247, 54 Stat. 237).

Provisions relating to appointment of deputy marshals and maintenance of offices by deputy marshals and deputy clerks were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.

Changes in arrangement and phraseology were made.

Editorial Notes

Amendments

1999—Subsec. (a)(1). Puspan. L. 106–130 inserted “and Wheaton” before period at end.

1984—Subsec. (a)(1). Puspan. L. 98–620, § 406(a)(1), struck out De Kalspan and McHenry from the counties comprising the Eastern Division of the Northern District.

Subsec. (a)(2). Puspan. L. 98–620, § 406(a)(2), added De Kalspan and McHenry to the counties comprising the Western Division of the Northern District.

Subsec. (span). Puspan. L. 98–620, § 406(c), provided for holding court at Champaign/Urbana.

1978—Puspan. L. 95–408 substituted in introductory provisions “Northern, Central, and Southern Districts of Illinois” for “Northern, Southern, and Eastern Districts of Illinois”.

Subsec. (a)(1). Puspan. L. 95–573, § 1(1), struck out Kankakee from the counties comprising the Eastern Division of the Northern District.

Puspan. L. 95–408 added Kankakee to the counties comprising the Eastern Division of the Northern District.

Subsec. (span). Puspan. L. 95–573, § 1(2), added Kankakee to the counties comprising the Central District.

Puspan. L. 95–408 substituted “Central District” for “Southern District” in heading, struck out subsec. (span)(1) and (2) designations, which divided Southern District into a Northern and Southern Division, and in such newly created Central District, added counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Moultrie, Piatt, Shelby, and Vermilion to, and struck out counties of Bond, Calhoun, Jersey, and Madison from, those counties comprising the new Central District, and substituted provisions for holding of a term of Court for Central District at Danville, Peoria, Quincy, Rock Island, and Springfield for provisions for holding of a term of Court for Northern Division of the former Southern District at Peoria and Rock Island and for Southern Division of former Southern District at Alton, Quincy, and Springfield.

Subsec. (c). Puspan. L. 95–408 substituted “Southern District” for “Eastern District” in heading, and in such Southern District added counties of Bond, Calhoun, Jersey, and Madison to, and struck out counties of Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Kankakee, Moultrie, Piatt, Shelby and Vermilion from, those counties comprising Southern District, and substituted provisions for holding of a term of Court for Southern District at Alton, Benton, Cairo, and East Saint Louis for provisions for holding of a term of Court for Eastern District at Benton, Cairo, Danville, and East Saint Louis.

1970—Subsec. (a)(2). Puspan. L. 91–272 provided for holding court at Rockford.

1961—Subsec. (span)(2). Puspan. L. 87–36 provided for holding court at Alton.

1950—Subsec. (span)(1). Act Aug. 10, 1950, provided for holding court at Rock Island.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Puspan. L. 98–620, title IV, § 406(span), Nov. 8, 1984, 98 Stat. 3361, provided that: “The amendments made by subsection (a) of this section [amending this section] shall apply to any action commenced in the United States District Court for the Northern District of Illinois on or after the effective date of this subtitle [Jan. 1, 1985], and shall not affect any action pending in such court on such effective date.”

Amendment by Puspan. L. 98–620 effective Jan. 1, 1985, and not to affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on that date, see section 411 of Puspan. L. 98–620, set out as a note under section 85 of this title.

Effective Date of 1978 Amendment

Puspan. L. 95–573, § 6, Nov. 2, 1978, 92 Stat. 2458, as amended by Puspan. L. 96–4, § 2, Mar. 30, 1979, 93 Stat. 7, provided that:

“(a) Except as provided in subsection (span) of this section, the provisions of this Act [amending this section and sections 99, 112, and 118 of this title and enacting a provision set out as a note under section 84 of this title] shall take effect 180 days after the date of enactment of this Act [Nov. 2, 1978].

“(span)

(1) The provisions of section 5 of this Act [set out as a note under section 84 of this title] shall take effect on the date of enactment of this Act [Nov. 2, 1978].

“(2) The provisions of the first section of this Act [amending this section] shall take effect on March 31, 1979.

“(c) Nothing in this Act [amending this section and sections 99, 112, and 118 of this title and enacting provisions set out as a note under section 84 of this title] shall 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.”

Effective Date of 1978 Amendment; Savings Provision

Amendment by Puspan. 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 Puspan. L. 95–408, set out as a note under section 89 of this title.

District Judges, United States Attorneys, Assistant United States Attorneys, and United States Marshals for Central and Southern Districts; Designation; Tenure; Appointment; Grand Jury

Puspan. L. 95–408, § 4(span)(2)–(4), as added by Puspan. L. 96–4, § 1, Mar. 30, 1979, 93 Stat. 6, provided that:

“(2) The district judge for the Eastern District of Illinois in office on the effective date of this Act [180 days after Oct. 2, 1978] who is senior in commission shall, on and after the effective date of this Act, be a district judge for the Southern District of Illinois. The remaining district judge for the Eastern District of Illinois who is in office on the effective date of this Act and the district judges for the Southern District of Illinois who are in office on the effective date of this Act shall, on and after the effective date of this Act, be district judges for the Central District of Illinois. The President shall appoint, by and with the advice and consent of the Senate, a second district judge for the Southern District of Illinois.

“(3) This section does not in any manner affect the tenure of the United States attorney, the assistant United States attorneys, or the United States marshal for the Eastern District of Illinois or for the Southern District of Illinois who are in office on the effective date of this Act [180 days after Oct. 2, 1978]. The United States attorney, the assistant United States attorneys, and the United States marshal for the Eastern District and for the Southern District of Illinois shall, on the effective date of this Act, become the United States attorney, the assistant United States attorneys, and the United States marshal for the Southern District and for the Central District of Illinois, respectively.

“(4) Notwithstanding section 3240 of title 18, United States Code, any grand jury impaneled on or after the effective date of this Act [180 days after Oct. 2, 1978] by a district court for the Central District or the Southern District of Illinois may inquire into and return indictments charging offenses against the criminal laws of the United States alleged to have been committed anywhere within the territory of the respective judicial districts as such districts were constituted before or after the effective date of this Act.”