28 USC 98 - Louisiana

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 159 (Mar. 3, 1911, ch. 231, § 84, 36 Stat. 1113).

Provisions relating to the maintenance of offices by the clerks were omitted as covered by sections 452 and 751 of this title.

The parishes of Allen, Beauregard, and Jefferson Davis of the Lake Charles Division of the Western District were formed out of part of Calcasieu Parish since the enactment of the Judicial Code.

Changes in arrangement and phraseology were made.

Editorial Notes

Amendments

1984—Subsec. (a). Puspan. L. 98–353 inserted “, and Houma” after “New Orleans”.

1978—Subsec. (c). Puspan. L. 95–408 struck out par. (1) to (6) designations which had divided the parishes of Western District into six divisions.

1971—Puspan. L. 92–208 created a Middle District consisting of the nine parishes formerly making up Baton Rouge Division of Eastern District and designated as the entire Eastern District the thirteen parishes formerly making up New Orleans Division of Eastern District.

1961—Puspan. L. 87–36 struck out from enumeration in subsec. (a)(1) the parishes of Iberia and Saint Mary, in subsec. (span)(1) Lafayette, Saint Martin and Vermilion, and in subsec. (span)(5) Acadia, and created sixth division of subsec. (span), consisting of such parishes.

Statutory Notes and Related Subsidiaries

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.

Effective Date of 1971 Amendment

Puspan. L. 92–208, § 3(f), Dec. 18, 1971, 85 Stat. 742, provided that: “The provisions of this section [amending this section and sections 133 and 134 of this title and enacting provisions set out below] shall become effective one hundred and twenty days after the date of enactment of this Act [Dec. 18, 1971].”

District Judge, United States Attorney, and United States Marshal for Middle District; Designation; Tenure; Appointment

Puspan. L. 92–208, § 3(span), (c), Dec. 18, 1971, 85 Stat. 742, provided that:

“(span) The district judge for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section [see Effective Date of 1971 Amendment Note above], and whose official station on such date is Baton Rouge, shall, on and after such date, be the district judge for the Middle District of Louisiana. All other district judges for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section shall be district judges for the Eastern District of Louisiana as constituted by this section.

“(c)

(1) Nothing in this section shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the Eastern District of Louisiana who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the Eastern District of Louisiana as constituted by this section.

“(2) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and marshal for the Middle District of Louisiana.”