28 U.S.C. § 133 | Appointment and number of district judges

(a)

Districts	Judges
Alabama:
Northern	8
Middle	3
Southern	3
Alaska	3
Arizona	13
Arkansas:
Eastern	5
Western	3
California:
Northern	14
Eastern	6
Central	28
Southern	13
Colorado	7
Connecticut	8
Delaware	4
District of Columbia	15
Florida:
Northern	4
Middle	15
Southern	18
Georgia:
Northern	11
Middle	4
Southern	3
Hawaii	4
Idaho	2
Illinois:
Northern	22
Central	4
Southern	4
Indiana:
Northern	5
Southern	5
Iowa:
Northern	2
Southern	3
Kansas	6
Kentucky:
Eastern	5
Western	4
Eastern and Western	1
Louisiana:
Eastern	12
Middle	3
Western	7
Maine	3
Maryland	10
Massachusetts	13
Michigan:
Eastern	15
Western	4
Minnesota	7
Mississippi:
Northern	3
Southern	6
Missouri:
Eastern	7
Western	5
Eastern and Western	2
Montana	3
Nebraska	3
Nevada	7
New Hampshire	3
New Jersey	17
New Mexico	7
New York:
Northern	5
Southern	28
Eastern	15
Western	4
North Carolina:
Eastern	4
Middle	4
Western	5
North Dakota	2
Ohio:
Northern	11
Southern	8
Oklahoma:
Northern	3
Eastern	1
Western	6
Northern, Eastern, and Western	1
Oregon	6
Pennsylvania:
Eastern	22
Middle	6
Western	10
Puerto Rico	7
Rhode Island	3
South Carolina	10
South Dakota	3
Tennessee:
Eastern	5
Middle	4
Western	5
Texas:
Northern	12
Southern	19
Eastern	8
Western	13
Utah	5
Vermont	2
Virginia:
Eastern	11
Western	4
Washington:
Eastern	4
Western	7
West Virginia:
Northern	3
Southern	5
Wisconsin:
Eastern	5
Western	2
Wyoming	3.

The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows:

(b)

(1)

In any case in which a judge of the United States (other than a senior judge) assumes the duties of a full-time office of Federal judicial administration, the President shall appoint, by and with the advice and consent of the Senate, an additional judge for the court on which such judge serves. If the judge who assumes the duties of such full-time office leaves that office and resumes the duties as an active judge of the court, then the President shall not appoint a judge to fill the first vacancy which occurs thereafter in that court.

(2)

For purposes of paragraph (1), the term “office of Federal judicial administration” means a position as Director of the Federal Judicial Center, Director of the Administrative Office of the United States Courts, or Counselor to the Chief Justice.

June 25, 1948, ch. 646 62 Stat. 895 Aug. 3, 1949, ch. 387, § 2(a) 63 Stat. 493 Aug. 14, 1950, ch. 708 64 Stat. 443 Aug. 29, 1950, ch. 819, § 1 64 Stat. 562 Sept. 5, 1950, ch. 848, § 1 64 Stat. 578 Feb. 10, 1954, ch. 6, § 2(a)(3) 68 Stat. 9 Pub. L. 85–310Sept. 7, 195771 Stat. 631 Pub. L. 85–508, § 12(c)July 7, 195872 Stat. 348 Pub. L. 86–3, § 9(b)Mar. 18, 195973 Stat. 8 Pub. L. 87–36, § 2(d)May 19, 196175 Stat. 81 Pub. L. 87–562, § 3July 30, 196276 Stat. 248 Pub. L. 89–242, § 1(c)Oct. 7, 196579 Stat. 951 Pub. L. 89–372, § 4Mar. 18, 196680 Stat. 77 Pub. L. 91–272, § 1(d)June 2, 197084 Stat. 295 Pub. L. 92–208, § 3(d)Dec. 18, 197185 Stat. 742 Pub. L. 95–408, § 4(b)(2)Oct. 2, 197892 Stat. 885 Pub. L. 95–486, § 1(c)Oct. 20, 197892 Stat. 1630 Pub. L. 97–471, § 3Jan. 14, 198396 Stat. 2601 Pub. L. 98–353, title II, § 202(e)July 10, 198498 Stat. 348 Pub. L. 101–650, title II, § 203(d)Dec. 1, 1990104 Stat. 5101 Pub. L. 105–53, § 4Oct. 6, 1997111 Stat. 1174 Pub. L. 106–113, div. B, § 1000(a)(1) [title III, § 309(b)]Nov. 29, 1999113 Stat. 1535 Pub. L. 106–553, § 1(a)(2) [title III, § 305(b)]Dec. 21, 2000114 Stat. 2762 Pub. L. 107–273, div. A, title III, § 312(a)(2)Nov. 2, 2002116 Stat. 1786 Pub. L. 110–402, § 1(b)(1)Oct. 13, 2008122 Stat. 4254 Pub. L. 118–203, § 2(b)Dec. 23, 2024138 Stat. 2693 (, ; , ; , ; , ; , ; , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , title III, § 303, , , 5105; , , ; , , , 1501A–37; , , , 2762A–85; , (b)(2), , , 1787; , , ; , , .)

Historical and Revision Notes

Apr. 12, 1900, ch. 191 31 Stat. 84 Apr. 30, 1900, ch. 339, § 86 31 Stat. 158 Mar. 3, 1901, ch. 854, § 60 31 Stat. 1199 Mar. 3, 1909, ch. 269, § 1 35 Stat. 838 Mar. 3, 1911, ch. 231, § 1 36 Stat. 1087 Jan. 7, 1913, ch. 6 37 Stat. 648 July 30, 1914, ch. 216 38 Stat. 580 Mar. 3, 1915, ch. 100, § 1 38 Stat. 961 Apr. 11, 1916, ch. 64, § 1 39 Stat. 48 Feb. 26, 1917, ch. 120 39 Stat. 938 Mar. 2, 1917, ch. 145 39 Stat. 965 Feb. 26, 1919, ch. 50, § 1 40 Stat. 1183 Mar. 4, 1921, ch. 161, § 1 41 Stat. 1412 July 9, 1921, ch. 42, § 313 42 Stat. 119 Sept. 14, 1922, ch. 306, § 1 42 Stat. 837 Jan. 16, 1925, ch. 83, § 3 43 Stat. 752 Feb. 12, 1925, ch. 220 43 Stat. 890 Feb. 13, 1925, ch. 229 43 Stat. 936 Feb. 16, 1925, ch. 233 43 Stat. 946 Mar. 2, 1925, ch. 397 43 Stat. 1098 Mar. 3, 1927, ch. 297, § 1 44 Stat. 1346 Mar. 3, 1927, ch. 298 44 Stat. 1347 Mar. 3, 1927, ch. 300, § 1 44 Stat. 1348 Mar. 3, 1927, ch. 332 44 Stat. 1370 Mar. 3, 1927, ch. 336 44 Stat. 1372 Mar. 3, 1927, ch. 338 44 Stat. 1374 Mar. 3, 1927, ch. 344 44 Stat. 1380 Jan. 31, 1928, ch. 14, § 1 45 Stat. 54 Apr. 21, 1928, ch. 393, § 5 45 Stat. 439 May 29, 1928, ch. 882 45 Stat. 974 Dec. 20, 1928, ch. 41 45 Stat. 1056 Jan. 17, 1929, ch. 72, § 1 45 Stat. 1081 Feb. 26, 1929, ch. 334 45 Stat. 1317 Feb. 26, 1929, ch. 337 45 Stat. 1319 Feb. 28, 1929, ch. 358, § 1 45 Stat. 1344 Feb. 28, 1929, ch. 380 45 Stat. 1409 May 28, 1930, ch. 346, § 1 46 Stat. 431 June 19, 1930, ch. 537 46 Stat. 785 June 27, 1930, ch. 633 46 Stat. 819 June 27, 1930, ch. 635, § 1 46 Stat. 820 July 3, 1930, ch. 852 46 Stat. 1006 Feb. 20, 1931, ch. 244 46 Stat. 1196 Feb. 20, 1931, ch. 245 46 Stat. 1197 Feb. 25, 1931, ch. 296 46 Stat. 1417 May 17, 1932, ch. 190 47 Stat. 158 May 20, 1932, ch. 196 47 Stat. 161 Aug. 2, 1935, ch. 425 49 Stat. 508 Aug. 19, 1935, ch. 558 49 Stat. 659 Aug. 28, 1935, ch. 793 49 Stat. 945 June 5, 1936, ch. 515 49 Stat. 1476 June 15, 1936, ch. 544 49 Stat. 1491 June 16, 1936, ch. 585, § 1 49 Stat. 1523 June 22, 1936, ch. 693 49 Stat. 1804 June 22, 1936, ch. 694 49 Stat. 1804 June 22, 1936, ch. 696 49 Stat. 1806 Aug. 25, 1937, ch. 771, § 1 50 Stat. 805 Mar. 18, 1938, ch. 47 52 Stat. 110 Mar. 26, 1938, ch. 51, § 2 52 Stat. 118 May 31, 1938, ch. 290 52 Stat. 584 June 20, 1938, ch. 528 52 Stat. 780 Jan. 20, 1940, ch. 11 54 Stat. 16 May 24, 1940, ch. 209, § 2(c) 54 Stat. 220 June 8, 1940, ch. 282 54 Stat. 253 Nov. 27, 1940, ch. 92, § 1 54 Stat. 1216 Nov. 21, 1941, ch. 479 55 Stat. 773 July 7, 1942, ch. 489 56 Stat. 648 Dec. 24, 1942, ch. 817 56 Stat. 1083 Dec. 24, 1942, ch. 827 56 Stat. 1092 Dec. 7, 1944, ch. 521 58 Stat. 796 Dec. 22, 1944, ch. 663 58 Stat. 887 Oct. 16, 1945, ch. 419 59 Stat. 545 June 15, 1946, ch. 413 60 Stat. 260 July 24, 194660 Stat. 654 Based on title 28, U.S.C., 1940 ed., § 1 and notes; sections 641, 643, 863, and 864 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions; District of Columbia Code, 1940 ed., § 11–301 (, §§ 34, 35, , 85; , ; , ; , ; , ; , ; , ; , ; , ; , ; , §§ 41, 42, , 966; , ; , ; , ; , ; , ; , ; , §§ 1, 13, , 942; , §§ 2, 3, ; , §§ 1–3, ; , ; , ; , ; , ; , §§ 1, 2, ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , §§ 1, 2, ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , §§ 4, 5, 6, , 585; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , §§ 1, 2, , 546; , ; , chs. 600, 602, ).

section 1 of title 28Section consolidates provisions of , U.S.C., 1940 ed., and sections 641, 643, 863, and 864 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation.

section 1 of title 28 section 134 of this titleProvisions of , U.S.C., 1940 ed., relating to residence of judges, are covered by .

Dec. 7, 1944section 2 of the act of May 24, 1940 54 Stat. 219

“(a) Provided, That the first vacancy in the office of district judge in each of said districts except in the eastern district of Pennsylvania, shall not be filled.”

The act of , amended , , section 1, note, of title 28, U.S.C., 1940 ed., to read as follows:

Dec. 22, 1944

“(a) Provided, That the first vacancy occurring in the office of district judge in each of said districts except the district of New Jersey shall not be filled.”

The act of , amended the same section to read as follows:

act of July 24, 1946, ch. 600, § 1 60 Stat. 654

“Provided, That the first vacancy occurring in the office of district judge in each of said districts, except the district of New Jersey and the eastern district of Pennsylvania, shall not be filled.”

The , , amended the proviso in the 1940 act to read as follows:

The following additional but temporary judgeships, authorized by Congress, are not included in the revised section:

Districts	Judges
Delaware	1
Florida, Northern and Southern	1
Georgia, Northern	1
Kansas	1
Missouri, Eastern and Western	1
Ohio, Northern	1
Oklahoma, Western	1
Pennsylvania, Eastern, Middle and Western	1
West Virginia, Northern and Southern	1

section 136 of this titleOther provisions of said section 11–301 of the District of Columbia Code, 1940 ed., are incorporated in .

section 641 of title 48A part of , U.S.C., 1940 ed., is incorporated in sections 91 and 132 of this title.

Parts of sections 863 and 864 of title 48, U.S.C., 1940 ed., are retained in title 48. For other parts of those sections, see Distribution Table.

section 643 of title 48Other provisions of , U.S.C., 1940 ed., are incorporated in sections 501 [now 541], 504 [now 541 to 544], and 541 [see 561] of this title.

Senate Revision Amendment

Provisions for one district judge in the Southern District of Indiana were inserted in this section by Senate amendment. See 80th Congress Senate Report No. 1559.

Editorial Notes

Codification

section 4 of Pub. L. 95–408 Pub. L. 96–4, § 1Mar. 30, 197993 Stat. 6 section 93 of this titleParagraph (2) of subsection (b) of , cited as a credit to this section, was amended generally by , , , and enacted provisions which are set out as a note under .

Amendments

Pub. L. 118–2032024—Subsec. (a). increased number of permanent district judgeships as follows: in Northern District of Alabama from 7 to 8, in Arizona from 12 to 13, in Central District of California from 27 to 28, in Southern District of Florida from 17 to 18, in Hawaii from 3 to 4, in Kansas from 5 to 6, in Eastern District of Missouri from 6 to 7, in New Mexico from 6 to 7, in Western District of North Carolina from 4 to 5, and in Eastern District of Texas from 7 to 8.

Pub. L. 110–4022008—Subsec. (b)(2). substituted “Counselor” for “administrative assistant”.

Pub. L. 107–2732002—Subsec. (a). increased number of permanent district judgeships as follows: in Southern District of California from 8 to 13, in Central and Southern Districts of Illinois from 3 to 4, in Northern District of New York from 4 to 5, in Western District of North Carolina from 3 to 4, in Western District of Texas from 11 to 13, and in Eastern District of Virginia from 10 to 11.

Pub. L. 106–5532000—Subsec. (a). increased number of permanent district judgeships as follows: in Arizona from 11 to 12, in Southern District of Florida from 16 to 17, in Eastern District of Kentucky from 4 to 5, in Nevada from 6 to 7, in New Mexico from 5 to 6, in South Carolina from 9 to 10, in Southern District of Texas from 18 to 19, in Western District of Texas from 10 to 11, in Eastern District of Virginia from 9 to 10, and in Eastern District of Wisconsin from 4 to 5.

Pub. L. 106–1131999—Subsec. (a). increased number of permanent district judgeships in Arizona from 8 to 11, increased number of permanent district judgeships in Middle District of Florida from 11 to 15, and increased number of permanent district judgeships in Nevada from 4 to 6.

Pub. L. 105–531997—Subsec. (a). in item relating to Louisiana, reduced number of permanent district judgeships in Eastern District from 13 to 12 and increased number in Middle District from 2 to 3.

Pub. L. 101–650, § 303(1)1990—, designated existing provisions as subsec. (a) and added subsec. (b).

Pub. L. 101–650, § 203(d), altered number of permanent district judgeships in named districts as follows:

State	Former	New
Alabama:
Northern	7	7
Middle	3	3
Southern	3	3
Alaska	3	3
Arizona	8	8
Arkansas:
Eastern	3	5
Western	1	3
Eastern and Western	2	0
California:
Northern	12	14
Eastern	6	6
Central	22	27
Southern	7	8
Colorado	7	7
Connecticut	6	8
Delaware	4	4
District of Columbia	15	15
Florida:
Northern	3	4
Middle	9	11
Southern	15	16
Georgia:
Northern	11	11
Middle	3	4
Southern	3	3
Hawaii	3	3
Idaho	2	2
Illinois:
Northern	20	22
Central	3	3
Southern	3	3
Indiana:
Northern	4	5
Southern	5	5
Iowa:
Northern	1	2
Southern	2	3
Northern and Southern	1	0
Kansas	5	5
Kentucky:
Eastern	4	4
Western	4	4
Eastern and Western	1	1
Louisiana:
Eastern	13	13
Middle	2	2
Western	6	7
Maine	2	3
Maryland	10	10
Massachusetts	11	13
Michigan:
Eastern	15	15
Western	4	4
Minnesota	7	7
Mississippi:
Northern	3	3
Southern	5	6
Missouri:
Eastern	5	6
Western	5	5
Eastern and Western	2	2
Montana	3	3
Nebraska	3	3
Nevada	4	4
New Hampshire	2	3
New Jersey	14	17
New Mexico	4	5
New York:
Northern	4	4
Southern	27	28
Eastern	12	15
Western	3	4
North Carolina:
Eastern	3	4
Middle	3	4
Western	3	3
North Dakota	2	2
Ohio:
Northern	10	11
Southern	7	8
Oklahoma:
Northern	2	3
Eastern	1	1
Western	4	6
Northern, Eastern, and Western	2	1
Oregon	5	6
Pennsylvania:
Eastern	19	22
Middle	5	6
Western	10	10
Puerto Rico	7	7
Rhode Island	3	3
South Carolina	8	9
South Dakota	3	3
Tennessee:
Eastern	4	5
Middle	3	4
Western	4	5
Texas:
Northern	10	12
Southern	13	18
Eastern	6	7
Western	7	10
Utah	4	5
Vermont	2	2
Virginia:
Eastern	9	9
Western	4	4
Washington:
Eastern	3	4
Western	6	7
West Virginia:
Northern	2	3
Southern	4	5
Wisconsin:
Eastern	4	4
Western	2	2
Wyoming	2	3

Pub. L. 98–3531984— altered number of permanent district judgeships in named districts as follows:

State	Former	New
Alabama:
Northern	7	7
Middle	3	3
Southern	2	3
Alaska	2	3
Arizona	8	8
Arkansas:
Eastern	3	3
Western	1	1
Eastern and Western	2	2
California:
Northern	12	12
Eastern	6	6
Central	17	22
Southern	7	7
Colorado	6	7
Connecticut	5	6
Delaware	3	4
District of Columbia	15	15
Florida:
Northern	3	3
Middle	9	9
Southern	12	15
Georgia:
Northern	11	11
Middle	2	3
Southern	3	3
Hawaii	2	3
Idaho	2	2
Illinois:
Northern	16	20
Central	3	3
Southern	2	3
Indiana:
Northern	4	4
Southern	5	5
Iowa:
Northern	1	1
Southern	2	2
Northern and Southern	1	1
Kansas	5	5
Kentucky:
Eastern	4	4
Western	3	4
Eastern and Western	1	1
Louisiana:
Eastern	13	13
Middle	2	2
Western	5	6
Maine	2	2
Maryland	9	10
Massachusetts	10	11
Michigan:
Eastern	13	15
Western	4	4
Minnesota	5	7
Mississippi:
Northern	2	3
Southern	3	5
Missouri:
Eastern	4	5
Western	5	5
Eastern and Western	2	2
Montana	2	3
Nebraska	3	3
Nevada	3	4
New Hampshire	2	2
New Jersey	11	14
New Mexico	4	4
New York:
Northern	3	4
Southern	27	27
Eastern	10	12
Western	3	3
North Carolina:
Eastern	3	3
Middle	3	3
Western	3	3
North Dakota	2	2
Ohio:
Northern	9	10
Southern	6	7
Oklahoma:
Northern	2	2
Eastern	1	1
Western	3	4
Northern, Eastern, and Western	2	2
Oregon	5	5
Pennsylvania:
Eastern	19	19
Middle	5	5
Western	10	10
Puerto Rico	7	7
Rhode Island	2	3
South Carolina	8	8
South Dakota	3	3
Tennessee:
Eastern	3	4
Middle	3	3
Western	3	4
Texas:
Northern	9	10
Eastern	4	6
Southern	13	13
Western	6	7
Utah	3	4
Vermont	2	2
Virginia:
Eastern	8	9
Western	4	4
Washington:
Eastern	2	3
Western	5	6
West Virginia:
Northern	2	2
Southern	4	4
Wisconsin:
Eastern	4	4
Western	2	2
Wyoming	1	2

Pub. L. 97–4711983— in item relating to West Virginia increased the number of judges for the Northern District from 1 to 2, increased the number of judges for the Southern District from 3 to 4, and struck out an item which had authorized a Northern and Southern District with 1 judge.

Pub. L. 95–4861978— altered the number of permanent district judgeships in the named districts as follows:

State	Former	New
Alabama:
Northern	4	7
Middle	2	3
Southern	2	2
Alaska	2	2
Arizona	5	8
Arkansas:
Eastern	1	3
Western	1	1
Eastern and Western	2	2
California:
Northern	11	12
Eastern	3	6
Central	16	17
Southern	5	7
Colorado	4	6
Connecticut	4	5
Delaware	3	3
District of Columbia	15	15
Florida:
Northern	2	3
Middle	6	9
Southern	7	12
Georgia:
Northern	6	11
Middle	2	2
Southern	2	3
Hawaii	2	2
Idaho	2	2
Illinois:
Northern	13	16
Central	2	3
Southern	2	2
Indiana:
Northern	3	4
Southern	4	5
Iowa:
Northern	1	1
Southern	1	2
Northern and Southern	1	1
Kansas	4	5
Kentucky:
Eastern	2	4
Western	3	3
Eastern and Western	1	1
Louisiana:
Eastern	9	13
Middle	1	2
Western	4	5
Maine	1	2
Maryland	7	9
Massachusetts	6	10
Michigan:
Eastern	10	13
Western	2	4
Minnesota	4	5
Mississippi:
Northern	2	2
Southern	3	3
Missouri:
Eastern	3	4
Western	3	5
Eastern and Western	2	2
Montana	2	2
Nebraska	3	3
Nevada	2	3
New Hampshire	1	2
New Jersey	9	11
New Mexico	3	4
New York:
Northern	2	3
Southern	27	27
Eastern	9	10
Western	3	3
North Carolina:
Eastern	2	3
Western	2	3
Middle	2	3
North Dakota	2	2
Ohio:
Northern	8	9
Southern	5	6
Oklahoma:
Northern	1	2
Eastern	1	1
Western	2	3
Northern, Eastern, and Western	2	2
Oregon	3	5
Pennsylvania:
Eastern	19	19
Middle	3	5
Western	10	10
Puerto Rico	3	7
Rhode Island	2	2
South Carolina	5	8
South Dakota	2	3
Tennessee:
Eastern	3	3
Middle	2	3
Western	3	3
Texas:
Northern	6	9
Southern	8	13
Eastern	3	4
Western	5	6
Utah	2	3
Vermont	2	2
Virginia:
Eastern	6	8
Western	2	4
Washington:
Eastern	1	2
Western	3	5
West Virginia:
Northern	1	1
Southern	2	3
Northern and Southern	1	1
Wisconsin:
Eastern	3	4
Western	1	2
Wyoming	1	1

Pub. L. 95–408 substituted “Central” for “Southern” and “Southern” for “Eastern” in item relating to Illinois.

Pub. L. 92–2081971— created a Middle District in the Louisiana listing with one judge and reduced from 10 to 9 the number of judges for the Eastern District of Louisiana.

Pub. L. 91–2721970— altered the number of permanent district judgeships in the named districts as follows:

State	Former	New
Alabama:
Northern	3	4
Middle	1	2
Southern	1	2
Middle and Southern	1	0
Arizona	4	5
California:
Northern	9	11
Central	13	16
Southern	2	5
Colorado	3	4
Florida:
Middle	5	6
Southern	5	7
Georgia:
Northern	3	6
Southern	1	2
Illinois: Northern	11	13
Kansas	3	4
Kentucky:
Eastern	1	2
Western	2	3
Louisiana:
Eastern	8	10
Western	3	4
Maryland	5	7
Michigan: Eastern	8	10
Missouri: Eastern	2	3
Nebraska	2	3
New Jersey	8	9
New Mexico	2	3
New York:
Southern	24	27
Eastern	8	9
Ohio:
Northern	7	8
Southern	4	5
Pennsylvania:
Eastern	11	19
Western	8	10
Puerto Rico	2	3
South Carolina	4	5
Tennessee: Western	2	3
Texas:
Northern	5	6
Southern	7	8
Eastern	2	3
Western	4	5
Virginia: Eastern	5	6
West Virginia: Southern	1	2
Wisconsin: Eastern	2	3

Pub. L. 89–3721966— altered the number of permanent district judgeships in the named districts as follows:

State	Former	New
Alabama: Middle and Southern	0	1
Arizona	3	4
California:
Northern	9	9
Eastern	0	3
Central	0	13
Southern	13	2
Florida:
Northern	1	2
Middle	3	5
Southern	3	5
Northern, Middle, and Southern	1	0
Illinois: Northern	10	11
Indiana: Southern	3	4
Louisiana: Eastern	4	8
Maryland	4	5
Mississippi:
Northern	1	2
Southern	2	3
New York: Western	2	3
Ohio:
Northern	6	7
Southern	3	4
Rhode Island	1	2
Texas:
Southern	5	7
Western	3	4
Vermont	1	2
Virginia: Eastern	3	5

Pub. L. 89–2421965— changed the South Carolina listing by removing references to an Eastern and Western District, with 1 judge listed for the Eastern, 1 judge for the Western, and 2 judges for the Eastern and Western combined, and substituted therefor a single reference to a South Carolina District with 4 judges.

Pub. L. 87–5621962— amended the Florida listing by adding the Middle District with its designation of 3 judges, substituted “Northern, Middle, and Southern” for “Northern and Southern”, and reduced the number of judges in the Southern District from 6 to 3.

Pub. L. 87–361961— increased the number of permanent district judgeships in the named districts as follows:

State	Former	New
Alabama:
Northern	2	3
Alaska	1	2
Arizona	2	3
Arkansas:
Eastern and Western	1	2
California:
Northern	7	9
Southern	11	13
Colorado	2	3
Connecticut	2	4
Florida:
Southern	4	6
Georgia:
Northern	2	3
Middle	1	2
Illinois:
Northern	8	10
Indiana:
Northern	2	3
Southern	2	3
Iowa:
Northern and Southern	0	1
Kansas	2	3
Louisiana:
Eastern	2	4
Western	2	3
Maryland	2	4
Massachusetts	5	6
Michigan:
Eastern	6	8
Mississippi:
Southern	1	2
Missouri:
Western	2	3
Nevada	1	2
New Jersey	7	8
New Mexico	1	2
New York:
Southern	18	24
Eastern	6	8
North Carolina:
Eastern	1	2
Western	1	2
Middle	1	2
Ohio:
Northern	5	6
Oklahoma:
Northern, Eastern, and Western	1	2
Pennsylvania:
Eastern	8	11
Middle	2	3
Western	5	8
Puerto Rico	1	2
South Carolina:
Eastern and Western	1	2
Tennessee:
Eastern	2	3
Middle	1	2
Western	1	2
Texas:
Northern	3	5
Southern	4	5
Western	2	3
Utah	1	2
Washington:
Western	2	3

Pub. L. 86–31959— struck out provisions that restricted eligibility for appointment as district judges for the district of Hawaii to citizens of the Territory of Hawaii who have resided therein for at least three years.

Pub. L. 85–5081958— inserted “Alaska ———— 1”.

Pub. L. 85–3101957— increased the number of permanent judgeships in the district of South Dakota from 1 to 2.

Feb. 10, 19541954—Act , increased the number of permanent judgeships in the named districts as follows:

State	Former	New
California:
Southern	10	11
Delaware	2	3
Florida:
Southern	3	4
Idaho	1	2
Indiana:
Northern	1	2
Southern	1	2
Kentucky:
Western	1	2
Massachusetts	4	5
Michigan:
Eastern	5	6
Western	1	2
Missouri:
Eastern and Western	1	2
New Jersey	6	7
New York:
Southern	16	18
North Dakota	1	2
Ohio:
Northern	4	5
Pennsylvania:
Eastern	7	8
Western	4	5
Texas:
Southern	3	4
Eastern	1	2
Virginia:
Eastern	2	3
West Virginia:
Northern and Southern	0	1
Wisconsin:
Eastern	1	2

Sept. 5, 19501950—Act , increased the number of permanent judgeships in the district of Delaware from 1 to 2.

Aug. 29, 1950Act , increased the number of permanent judgeships in the western district of Pennsylvania from 3 to 4.

Aug. 14, 1950Act , increased the number of permanent judgeships in the northern district of Illinois from 6 to 8.

Aug. 3, 19491949—Act , increased the numbers of permanent judgeships in the named districts as follows:

State	Former	New
California:
Northern	5	7
Southern	8	10
District of Columbia	12	15
Florida:
Northern and Southern	0	1
Georgia:
Northern	1	2
Kansas	1	2
New Jersey	5	6
New York:
Southern	12	16
Ohio:
Northern	3	4
Oklahoma:
Western	1	2
Oregon	2	3
Pennsylvania:
Eastern	5	7
Texas:
Southern	2	3

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–273, div. A, title III, § 312(a)(3)Nov. 2, 2002116 Stat. 1787

July 15, 2003“This subsection [amending this section and enacting provisions set out as a note under this section] shall take effect on .”

, , , provided that:

Pub. L. 107–273, div. A, title III, § 312(b)(3)Nov. 2, 2002116 Stat. 1788

“With respect to the central or southern district of Illinois, the northern district of New York, or the eastern district of Virginia, this subsection [amending this section and enacting provisions set out as a note under this section] shall take effect on the earlier of—

“(A)

the date on which the first vacancy in the office of district judge occurs in such district; or

“(B)

July 15, 2003 .”

, , , provided that:

Effective Date of 1978 Amendment; Waiver of Standards and Guidelines; Failure To Comply

Pub. L. 95–486, § 7Oct. 20, 197892 Stat. 1633

“(a)

section 5108 of Title 5 section 45 of this title The first section and section 2 of this Act [amending this section and enacting provisions set out as notes under this section] shall take effect immediately upon the President’s promulgation and publication of standards and guidelines for the selection, on the basis of merit, of nominees for United States district court judgeships authorized by this Act [amending this section, sections 44, 46, 1337, and 1445 of this title, and , Government Organization and Employees, enacting provisions set out as notes under this section and sections 41 and 44 of this title, and amending provisions set out as a note under ].

“(b)

The President may waive such standards and guidelines with respect to any nomination by notifying the Senate of the reasons for such waiver.

“(c)

Following the promulgation and publication of such standards and guidelines, no nomination or appointment to a United States district court judgeship may be invalidated on the basis of the President’s failure to comply with this section or with any standards or guidelines promulgated under this section.

“(d)

Oct. 20, 1978 This Act, other than the first section and section 2 [amending this section and enacting provisions set out as notes under this section] shall take effect on the date of enactment of this Act [].”

, , , provided that:

Pub. L. 95–486, § 11Oct. 20, 197892 Stat. 1634

November 1, 1978“Notwithstanding any other provision of this Act the first section and section 2 [amending this section and enacting provisions set out as notes under this section] shall not take effect before .”

, , , provided that:

Effective Date of 1978 Amendment; Savings Provision

Pub. L. 95–408Oct. 2, 1978section 5 of Pub. L. 95–408 section 89 of this titleAmendment by effective 180 days after , 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 , set out as a note under .

Effective Date of 1971 Amendment

Pub. L. 92–208Dec. 18, 1971section 3(f) of Pub. L. 92–208 section 98 of this titleAmendment by effective 120 days after , see , set out as a note under .

Effective Date of 1965 Amendment

Pub. L. 89–242Oct. 7, 1965section 6 of Pub. L. 89–242 section 121 of this titleAmendment by effective on first day of month following , see , set out as a note under .

Effective Date of 1962 Amendment

Pub. L. 87–562July 30, 1962section 5 of Pub. L. 87–562 section 89 of this titleAmendment by effective 90 days after , see , set out as a note under .

Effective Date of 1959 Amendment

Pub. L. 86–3, § 9Mar. 18, 195973 Stat. 8 section 134 of this titleAug. 21, 1959Aug. 21, 195973 Stat. 74 Pub. L. 86–3Mar. 18, 195973 Stat. 4 section 491 of Title 48, , , provided in part that the amendment of this section and is effective on admission of the State of Hawaii into the Union. Admission of Hawaii into the Union was accomplished , upon issuance of Proc. No. 3309, , 25 F.R. 6868, , as required by sections 1 and 7(c) of , , , set out as notes preceding , Territories and Insular Possessions.

Effective Date of 1958 Amendment

Pub. L. 85–508Jan. 3, 1959Jan. 3, 195973 Stat. 16 Pub. L. 85–508 section 81A of this title section 21 of Title 48Amendment by effective , on admission of Alaska into the Union pursuant to Proc. No. 3269, , 24 F.R. 81, , as required by sections 1 and 8(c) of , see notes set out under and preceding , Territories and Insular Possessions.

Additional Judgeships

Pub. L. 118–203, § 2(a)Dec. 23, 2024138 Stat. 2693

Public Law 101–650 28 U.S.C. 133 Public Law 107–273 28 U.S.C. 133Dec. 23, 2024section 133 of title 28 section 133 of title 28“The existing judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (; note) [set out below] and the existing judgeships for the northern district of Alabama, the district of Arizona, the central district of California, the southern district of Florida, the district of New Mexico, the western district of North Carolina, and the eastern district of Texas authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (; note) [set out below] shall, as of the effective date of this Act [], be authorized under , United States Code, and the incumbents in those offices shall hold the office under , United States Code, as amended by this Act.”

, , , provided that:

Public Law 101–650104 Stat. 5089 Public Law 105–53Nov. 30, 2005“The existing judgeship for the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 (, ) [set out below] as amended by , as of the effective date of this Act [], shall be extended. The first vacancy in the office of district judge in this district occurring 31 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created by section 203(c) shall not be filled.”

, , , as amended by , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , , provided that:

Pub. L. 107–273, div. A, title III, § 312(a)(1)Nov. 2, 2002116 Stat. 1786

“The President shall appoint, by and with the advice and consent of the Senate—

“(A)

5 additional district judges for the southern district of California;

“(B)

1 additional district judge for the western district of North Carolina; and

“(C)

2 additional district judges for the western district of Texas.”

, , , provided that:

Pub. L. 107–273, div. A, title III, § 312(b)(1)Nov. 2, 2002116 Stat. 1787

Public Law 101–650 28 U.S.C. 133 section 133 of title 28 section 133 of title 28“The existing district judgeships for the central district and the southern district of Illinois, the northern district of New York, and the eastern district of Virginia authorized by section 203(c)(3), (4), (9), and (12) of the Judicial Improvements Act of 1990 (, note [set out below]) shall be authorized under , United States Code, and the incumbents in such offices shall hold the offices under , United States Code (as amended by this section).”

, , , provided that:

“(1)

In general .—

The President shall appoint, by and with the advice and consent of the Senate—

“(A)

1 additional district judge for the northern district of Alabama;

“(B)

1 additional judge for the district of Arizona;

“(C)

1 additional judge for the central district of California;

“(D)

1 additional judge for the southern district of Florida;

“(E)

1 additional district judge for the district of New Mexico;

“(F)

1 additional district judge for the western district of North Carolina; and

“(G)

1 additional district judge for the eastern district of Texas.

“(2)

Vacancies not filled .—

The first vacancy in the office of district judge in each of the offices of district judge authorized by this subsection, except in the case of the central district of California and the western district of North Carolina, occurring 22 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. The first vacancy in the office of district judge in the central district of California occurring 21 years and 6 months or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of North Carolina occurring 20 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled.

“(3)

Effective date .—

July 15, 2003This subsection shall take effect on .”

, , , as amended by , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , , provided that:

Pub. L. 106–553, § 1(a)(2) [title III, § 305(a)]Dec. 21, 2000114 Stat. 2762

“The President shall appoint, by and with the advice and consent of the Senate—

“(1)

1 additional district judge for the district of Arizona;

“(2)

1 additional district judge for the southern district of Florida;

“(3)

1 additional district judge for the eastern district of Kentucky;

“(4)

1 additional district judge for the district of Nevada;

“(5)

1 additional district judge for the district of New Mexico;

“(6)

1 additional district judge for the district of South Carolina;

“(7)

1 additional district judge for the southern district of Texas;

“(8)

1 additional district judge for the western district of Texas;

“(9)

1 additional district judge for the eastern district of Virginia; and

“(10)

1 additional district judge for the eastern district of Wisconsin.”

, , , 2762A–84, provided that:

Pub. L. 106–113, div. B, § 1000(a)(1) [title III, § 309(a)]Nov. 29, 1999113 Stat. 1535

“The President shall appoint, by and with the advice and consent of the Senate—

“(1)

three additional district judges for the district of Arizona;

“(2)

four additional district judges for the middle district of Florida; and

“(3)

two additional district judges for the district of Nevada.”

, , , 1501A–37, provided that:

“(a)

In General .—

The President shall appoint, by and with the advice and consent of the Senate—

“(1)

1 additional district judge for the western district of Arkansas;

“(2)

2 additional district judges for the northern district of California;

“(3)

5 additional district judges for the central district of California;

“(4)

1 additional district judge for the southern district of California;

“(5)

2 additional district judges for the district of Connecticut;

“(6)

2 additional district judges for the middle district of Florida;

“(7)

1 additional district judge for the northern district of Florida;

“(8)

1 additional district judge for the southern district of Florida;

“(9)

1 additional district judge for the middle district of Georgia;

“(10)

1 additional district judge for the northern district of Illinois;

“(11)

1 additional district judge for the southern district of Iowa;

“(12)

1 additional district judge for the western district of Louisiana;

“(13)

1 additional district judge for the district of Maine;

“(14)

1 additional district judge for the district of Massachusetts;

“(15)

1 additional district judge for the southern district of Mississippi;

“(16)

1 additional district judge for the eastern district of Missouri;

“(17)

1 additional district judge for the district of New Hampshire;

“(18)

3 additional district judges for the district of New Jersey;

“(19)

1 additional district judge for the district of New Mexico;

“(20)

1 additional district judge for the southern district of New York;

“(21)

3 additional district judges for the eastern district of New York;

“(22)

1 additional district judge for the middle district of North Carolina;

“(23)

1 additional district judge for the southern district of Ohio;

“(24)

1 additional district judge for the northern district of Oklahoma;

“(25)

1 additional district judge for the western district of Oklahoma;

“(26)

1 additional district judge for the district of Oregon;

“(27)

3 additional district judges for the eastern district of Pennsylvania;

“(28)

1 additional district judge for the middle district of Pennsylvania;

“(29)

1 additional district judge for the district of South Carolina;

“(30)

1 additional district judge for the eastern district of Tennessee;

“(31)

1 additional district judge for the western district of Tennessee;

“(32)

1 additional district judge for the middle district of Tennessee;

“(33)

2 additional district judges for the northern district of Texas;

“(34)

1 additional district judge for the eastern district of Texas;

“(35)

5 additional district judges for the southern district of Texas;

“(36)

3 additional district judges for the western district of Texas;

“(37)

1 additional district judge for the district of Utah;

“(38)

1 additional district judge for the eastern district of Washington;

“(39)

1 additional district judge for the northern district of West Virginia;

“(40)

1 additional district judge for the southern district of West Virginia; and

“(41)

1 additional district judge for the district of Wyoming.

“(b)

Existing Judgeships .—

(1)

Public Law 98–35398 Stat. 347–348 Dec. 1, 1990section 133 of title 28 section 133 of title 28 The existing district judgeships for the western district of Arkansas, the northern district of Illinois, the northern district of Indiana, the district of Massachusetts, the western district of New York, the eastern district of North Carolina, the northern district of Ohio, and the western district of Washington authorized by section 202(b) of the Bankruptcy Amendments and Federal Judgeship Act of 1984 (, ) [set out below] shall, as of the effective date of this title [], be authorized under , United States Code, and the incumbents in those offices shall hold the office under , United States Code, as amended by this title.

“(2)

(A)

section 133 of title 28 section 133 of title 28 The existing 2 district judgeships for the eastern and western districts of Arkansas (provided by , United States Code, as in effect on the day before the effective date of this title) shall be district judgeships for the eastern district of Arkansas only, and the incumbents of such judgeships shall hold the offices under , United States Code, as amended by this title.

“(B)

section 133 of title 28 section 133 of title 28 The existing district judgeship for the northern and southern districts of Iowa (provided by , United States Code, as in effect on the day before the effective date of this title) shall be a district judgeship for the northern district of Iowa only, and the incumbent of such judgeship shall hold the office under , United States Code, as amended by this title.

“(C)

section 133 of title 28Dec. 1, 1990section 133 of title 28 The existing district judgeship for the northern, eastern, and western districts of Oklahoma (provided by , United States Code, as in effect on the day before the effective date of this title) and the occupant of which has his or her official duty station at Oklahoma City on the date of the enactment of this title [], shall be a district judgeship for the western district of Oklahoma only, and the incumbent of such judgeship shall hold the office under , United States Code, as amended by this title.

“(c)

Temporary Judgeships .—

The President shall appoint, by and with the advice and consent of the Senate—

“(1)

1 additional district judge for the eastern district of California;

“(2)

1 additional district judge for the district of Hawaii;

“(3)

1 additional district judge for the central district of Illinois;

“(4)

1 additional district judge for the southern district of Illinois;

“(5)

1 additional district judge for the district of Kansas;

“(6)

1 additional district judge for the western district of Michigan;

“(7)

1 additional district judge for the eastern district of Missouri;

“(8)

1 additional district judge for the district of Nebraska;

“(9)

1 additional district judge for the northern district of New York;

“(10)

1 additional district judge for the northern district of Ohio;

“(11)

1 additional district judge for the eastern district of Pennsylvania; and

“(12)

1 additional district judge for the eastern district of Virginia.

December 1, 1995Except with respect to the district of Kansas, the western district of Michigan, the eastern district of Pennsylvania, the district of Hawaii, and the northern district of Ohio, the first vacancy in the office of district judge in each of the judicial districts named in this subsection, occurring 10 years or more after the confirmation date of the judge named to fill the temporary judgeship created by this subsection, shall not be filled. The first vacancy in the office of district judge in the district of Kansas occurring 33 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created for such district under this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of Michigan, occurring after , shall not be filled. The first vacancy in the office of district judge in the eastern district of Pennsylvania, occurring 5 years or more after the confirmation date of the judge named to fill the temporary judgeship created for such district under this subsection, shall not be filled. The first vacancy in the office of district judge in the northern district of Ohio occurring 19 years or more after the confirmation date of the judge named to fill the temporary judgeship created under this subsection shall not be filled. The first vacancy in the office of the district judge in the district of Hawaii occurring 30 years and 6 months or more after the confirmation date of the judge named to fill the temporary judgeship created under this subsection shall not be filled. For districts named in this subsection for which multiple judgeships are created by this Act, the last of those judgeships filled shall be the judgeships created under this section.”

–(c), , , as amended by , , ; , , ; , , ; , , ; , as added by , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; ; , , , , , provided that:

Pub. L. 107–273, div. A, title III, § 312(d)(2)Nov. 2, 2002116 Stat. 1788

section 203(c) of Pub. L. 101–650Nov. 2, 2002“The amendments made by this subsection [amending , set out above] shall take effect on the date of enactment of this Act [].”

[, , , provided that: ]

Pub. L. 98–353, title II, § 202(a)July 10, 198498 Stat. 347

“(a)

Subject to the provisions of subsection (c), the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Alabama, one additional district judge for the district of Alaska, five additional district judges for the central district of California, one additional district judge for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the district of Delaware, three additional district judges for the southern district of Florida, one additional district judge for the middle district of Georgia, one additional district judge for the district of Hawaii, four additional district judges for the northern district of Illinois, one additional district judge for the southern district of Illinois, one additional district judge for the western district of Kentucky, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the district of Massachusetts, two additional district judges for the eastern district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Mississippi, two additional district judges for the southern district of Mississippi, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Montana, one additional district judge for the district of Nevada, three additional district judges for the district of New Jersey, one additional district judge for the northern district of New York, two additional district judges for the eastern district of New York, one additional district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the district of Rhode Island, one additional district judge for the eastern district of Tennessee, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, two additional district judges for the eastern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of Utah, one additional district judge for the eastern district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, and one additional district judge for the district of Wyoming.

“(b)

July 10, 1984 Subject to the provisions of subsection (c) the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the western district of Arkansas, one additional district judge for the northern district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the district of Massachusetts, one additional district judge for the western district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the northern district of Ohio, and one additional district judge for the western district of Washington. The first vacancy in each of the offices of district judge authorized by this subsection, occurring five years or more after the effective date of this Act [probably means ], shall not be filled.

“(c)

January 21, 1985 For the judgeships created in subsections (a) and (b), the President shall appoint, by and with the advice and consent of the Senate, no more than twenty-nine of such judges prior to .

“(d)

section 2 of the Act of October 20, 1978 Public Law 95–48692 Stat. 1631 July 10, 1984section 133 of title 28 The existing district judgeship for the district of Minnesota and the existing district judgeship for the northern district of Ohio, heretofore authorized by (, ) [set out below], shall, as of the effective date of this Act [probably means ], be authorized under , United States Code, and the incumbents of those offices shall henceforth hold their offices under section 133, as amended by this Act.”

–(d), , , 348, provided that:

Pub. L. 95–486, § 1(a)Oct. 20, 197892 Stat. 1629

“The President shall appoint, by and with the advice and consent of the Senate, three additional district judges for the northern district of Alabama, one additional district judge for the middle district of Alabama, three additional district judges for the district of Arizona, two additional district judges for the eastern district of Arkansas, one additional district judge for the northern district of California, three additional district judges for the eastern district of California, one additional district judge for the central district of California, two additional district judges for the southern district of California, two additional district judges for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the northern district of Florida, three additional district judges for the middle district of Florida, five additional district judges for the southern district of Florida, five additional district judges for the northern district of Georgia, one additional district judge for the southern district of Georgia, three additional district judges for the northern district of Illinois, one additional district judge for the central district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the southern district of Indiana, one additional district judge for the southern district of Iowa, one additional district judge for the district of Kansas, two additional district judges for the eastern district of Kentucky, four additional district judges for the eastern district of Louisiana, one additional district judge for the middle district of Louisiana, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maine, two additional district judges for the district of Maryland, four additional district judges for the district of Massachusetts, three additional district judges for the eastern district of Michigan, two additional district judges for the western district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the eastern district of Missouri, two additional district judges for the western district of Missouri, one additional district judge for the district of Nevada, one additional district judge for the district of New Hampshire, two additional district judges for the district of New Jersey, one additional district judge for the district of New Mexico, one additional district judge for the northern district of New York, one additional district judge for the eastern district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the middle district of North Carolina, one additional district judge for the western district of North Carolina, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the northern district of Oklahoma, two additional district judges for the district of Oregon, two additional district judges for the middle district of Pennsylvania, four additional district judges for the district of Puerto Rico, three additional district judges for the district of South Carolina, one additional district judge for the district of South Dakota, one additional district judge for the middle district of Tennessee, three additional district judges for the northern district of Texas, one additional district judge for the eastern district of Texas, five additional district judges for the southern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of Utah, two additional district judges for the eastern district of Virginia, two additional district judges for the western district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, one additional district judge for the southern district of West Virginia, one additional district judge for the eastern district of Wisconsin, and one additional district judge for the western district of Wisconsin.”

, , , provided that:

Pub. L. 95–486, § 2Oct. 20, 197892 Stat. 1632

Oct. 20, 1978“The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the eastern district of Kentucky, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Ohio, and one additional district judge for the southern district of West Virginia. The first vacancy in the office of district judge in the judicial districts named in this section occurring five years or more after the effective date of this Act [] shall not be filled.”

, , , provided that:

Pub. L. 91–272, § 1(a)June 2, 197084 Stat. 294

“The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Alabama, one additional district judge for the middle district of Alabama, one additional district judge for the district of Arizona, two additional district judges for the northern district of California, three additional district judges for the central district of California, three additional district judges for the southern district of California, one additional district judge for the district of Colorado, one additional district judge for the middle district of Florida, two additional district judges for the southern district of Florida, three additional district judges for the northern district of Georgia, one additional district judge for the southern district of Georgia, two additional district judges for the northern district of Illinois, one additional district judge for the eastern district of Kentucky, one additional district judge for the western district of Kentucky, two additional district judges for the eastern district of Louisiana, one additional district judge for the western district of Louisiana, two additional district judges for the district of Maryland, two additional district judges for the eastern district of Michigan, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Nebraska, one additional district judge for the district of New Jersey, one additional district judge for the district of New Mexico, one additional district judge for the eastern district of New York, three additional district judges for the southern district of New York, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, six additional district judges for the eastern district of Pennsylvania, two additional district judges for the western district of Pennsylvania, one additional district judge for the district of Puerto Rico, one additional district judge for the district of South Carolina, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, one additional district judge for the eastern district of Texas, one additional district judge for the southern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the eastern district of Virginia, and one additional district judge for the southern district of West Virginia.”

, , , provided that:

Pub. L. 89–372, § 2(a)Mar. 18, 196680 Stat. 75 , , , provided that: The President shall appoint, by and with the advice and consent of the Senate, one district judge for the middle and southern districts of Alabama, one additional district judge for the district of Arizona, one additional district judge for the northern district of Florida, one additional district judge for the middle district of Florida, two additional district judges for the southern district of Florida, one additional district judge for the northern district of Illinois, one additional district judge for the southern district of Indiana, four additional district judges for the eastern district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the northern district of Mississippi, one additional district judge for the southern district of Mississippi, one additional district judge for the western district of New York, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, one additional district judge for the district of Rhode Island, two additional district judges for the southern district of Texas, one additional district judge for the western district of Texas, two additional district judges for the eastern district of Virginia, and one additional district judge for the district of Vermont.”

Pub. L. 87–36, § 2(a)May 19, 196175 Stat. 80 , , , provided that: “The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Alabama, one additional district judge for the district of Alaska, one additional district judge for the district of Arizona, one additional district judge for the eastern and western districts of Arkansas, two additional district judges for the northern district of California, two additional district judges for the southern district of California, one additional district judge for the district of Colorado, two additional district judges for the district of Connecticut, two additional district judges for the southern district of Florida, one additional district judge for the northern district of Georgia, two additional district judges for the northern district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the southern district of Indiana, one additional district judge for the northern and southern districts of Iowa, one additional district judge for the district of Kansas, two additional district judges for the eastern district of Louisiana, one additional district judge for the western district of Louisiana, two additional district judges for the district of Maryland, one additional district judge for the district of Massachusetts, two additional district judges for the eastern district of Michigan, one additional district judge for the southern district of Mississippi, one additional district judge for the western district of Missouri, one additional district judge for the district of Nevada, one additional district judge for the district of New Jersey, two additional district judges for the eastern district of New York, six additional district judges for the southern district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the middle district of North Carolina, one additional district judge for the western district of North Carolina, one additional district judge for the northern district of Ohio, one additional district judge for the northern, eastern, and western districts of Oklahoma, three additional district judges for the eastern district of Pennsylvania, one additional district judge for the middle district of Pennsylvania, two additional district judges for the western district of Pennsylvania, one additional district judge for the district of Puerto Rico, one additional district judge for the eastern and western districts of South Carolina, one additional district judge for the eastern district of Tennessee, one additional district judge for the middle district of Tennessee, one additional district judge for the western district of Tennessee, two additional district judges for the northern district of Texas, one additional district judge for the southern district of Texas, one additional district judge for the western district of Texas and one additional district judge for the eastern and western districts of Washington.”

act Feb. 10, 1954, ch. 6, § 2 68 Stat. 8 Subsec. (a)(1) of , , subsec. (a)(3) of which section amended the table in this section, provided for the appointment by the President, by and with the advice and consent of the Senate, of the additional judges for the districts for which additional permanent judgeships were provided in the amendment.

AlabamaPub. L. 91–272, § 1(b)June 2, 197084 Stat. 294

section 133 of title 28“The existing district judgeship for the middle and southern districts of Alabama, heretofore provided for by of the United States Code, shall hereafter be a district judgeship for the southern district of Alabama only, and the present incumbent of such judgeship shall henceforth hold his office under such section 133, as amended by subsection (d) of this section.”

.—, , , provided that:

CaliforniaPub. L. 89–372, § 3(h)Mar. 18, 196680 Stat. 77

“The President shall appoint, by and with the advice and consent of the Senate, three additional district judges for the central district of California, and two additional district judges for the northern district of California.”

.—, , , provided that:

DelawareAct July 24, 1946, ch. 602 60 Stat. 654 act Sept. 5, 1950, ch. 848, § 2 64 Stat. 578 Sept. 5, 1950Sept. 5, 1950.—, , which authorized the appointment of an additional judge for the district of Delaware was repealed by , , which by section 1 of act , made the additional judgeship permanent. However, section 2 of act also provided that the repeal in no way affected the tenure of the present incumbent.

FloridaPub. L. 89–372, § 2(b)Mar. 18, 196680 Stat. 75

section 133 of title 28“The existing district judgeship for the northern, middle and southern districts of Florida heretofore provided for by , United States Code, shall hereafter be a district judgeship for the middle district of Florida only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act.”

.—, , , provided that:

GeorgiaAct Mar. 29, 1949, ch. 37 63 Stat. 16 section 2(b) of Pub. L. 87–36Mar. 29, 1949Pub. L. 87–36, § 2(d).—, , which authorized the appointment of an additional judge for the middle district, was repealed by , which made the judgeship permanent and also provided that the incumbent of the judgeship created by act , should henceforth hold his office under this section, as amended by .

KansasPub. L. 89–372, § 5(a)Mar. 18, 196680 Stat. 78 section 1(c) of Pub. L. 91–272June 2, 197084 Stat. 294 section 1(d) of Pub. L. 91–272.—, , , which authorized the appointment of an additional district judge for the eastern district of Kansas and which provided that the first vacancy which occurred in the office of district judge in such district not be filled was repealed by , , , which provided, in part, that such judgeship be a permanent judgeship and that the present incumbent henceforth hold his office under this section, as amended by .

Missouriact Dec. 24, 1942, ch. 827 56 Stat. 1083 act Feb. 10, 1954, ch. 6, § 2(a)(2) 68 Stat. 9 Feb. 10, 1954Dec. 24, 1942Feb. 10, 1954.—The additional judgeship for the eastern and western districts, which was authorized by , , was made permanent by , , which by section 2(b)(10) of act provided that the incumbent of the judgeship created by act , should henceforth hold his office under this section, as amended by act , § 2(a)(3).

NevadaAct Feb. 10, 1954, ch. 6, § 2(b)(2) 68 Stat. 10

“The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of Nevada. The first vacancy occurring in the office of district judge in said district shall not be filled.”

.—, , provided:

New JerseyPub. L. 91–272, § 2(a)June 2, 197084 Stat. 296

“The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of New Jersey. The first vacancy occurring in the office of district judge in that district shall not be filled.”

.—, , , provided that:

New MexicoAct Feb. 10, 1954, ch. 6, § 2(b)(1) 68 Stat. 10 section 2(b) of Pub. L. 87–36Feb. 10, 1954Pub. L. 87–36, § 2(d).—, , which authorized the appointment of an additional judge for the district, was repealed by , which made the judgeship permanent and also provided that the incumbent of the judgeship created by act , should henceforth hold his office under this section, as amended by .

North CarolinaPub. L. 91–272, § 2(c)June 2, 197084 Stat. 296

“The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the eastern district of North Carolina. The first vacancy occurring in the office of district judge in that district shall not be filled.”

.—, , , provided that:

OhioAct May 1, 1941, ch. 83 55 Stat. 148 act Aug. 3, 1949, ch. 387, § 2(e) 63 Stat. 495 May 1, 1941Aug. 3, 1949.—, , which provided for the appointment of an additional judge for the northern district was repealed by , , which also provided that the incumbent of the judgeship created by act , should henceforth hold his office under this section, as amended by act , § 2(a).

Pub. L. 87–36, § 2(e)(1)May 19, 196175 Stat. 83

“(1)

The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled.

“(2)

The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled.”

, (2), , , provided that:

OklahomaAct May 24, 1940, ch. 209, § 2(a) 54 Stat. 219 act Aug. 3, 1949, ch. 387, § 2(b) 63 Stat. 495 May 24, 1940Aug. 3, 1949.—, , providing for additional judgeships was amended by , , to strike out “western district of Oklahoma”, and to make the incumbent of the judgeship created by act , henceforth hold his office under this section, as amended by act , § 2(a).

PennsylvaniaPub. L. 91–272, § 2(b)June 2, 197084 Stat. 296

“The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the middle district of Pennsylvania. The first vacancy occurring in the office of district judge in that district shall not be filled.”

.—, , , provided that:

Pub. L. 89–372, § 5(b)Mar. 18, 196680 Stat. 78 Pub. L. 90–90Sept. 23, 196781 Stat. 228 Mar. 18, 1966section 1(c) of Pub. L. 91–272June 2, 197084 Stat. 294 section 1(d) of Pub. L. 81–272, , , as amended by , , , which authorized the appointment of three additional district judges for the eastern district of Pennsylvania and which provided that the second, third, and fourth vacancies occurring after , in the office of district judge in such district not be filled was repealed by , , , which provided, in part, that such judgeships be permanent judgeships and that the present incumbents henceforth hold their offices under this section, as amended by .

Act Feb. 10, 1954, ch. 6, § 2(b)(5) 68 Stat. 10 section 2(b) of Pub. L. 87–36Feb. 10, 1954Pub. L. 87–36, § 2(d), , which authorized the appointment of an additional judge for the western district, was repealed by , which made the judgeship permanent and also provided that the incumbent of the judgeship created by act , should henceforth hold his office under this section, as amended by .

Act July 24, 1946, ch. 600, § 2 60 Stat. 654 act Feb. 10, 1954, ch. 6, § 6 68 Stat. 14

ProvidedProvided furtherJuly 24, 1946“The President is authorized to appoint, by and with the advice and consent of the Senate, one additional United States district judge, who shall be an additional district judge for the eastern, middle, and western districts of Pennsylvania. The judge so appointed shall at the time of his appointment be a resident and a citizen of the State of Pennsylvania: , That when a vacancy occurs in said office it shall not be filled: , That unless the President shall submit a nomination to the Senate to fill the office hereby created within ninety days after the effective date of this Act [], then in that event this Act shall be of no force and effect. If a vacancy arises in the office of district judge for the middle district of Pennsylvania while the judge appointed pursuant to this section is holding the office created by this section, such judge shall thereafter be a district judge for the middle district of Pennsylvania.”

, , as amended by , , provided:

Act Aug. 3, 1949, ch. 387, § 2(c) 63 Stat. 495 act Aug. 29, 1950, ch. 848, § 2 64 Stat. 578 Aug. 29, 1950Aug. 29, 1950, , which provided for an additional temporary judgeship for the western district of Pennsylvania was repealed by , , which by section 1 of act , made the additional judgeship permanent. However, section 2 of act also provided that the repeal in no way affected the tenure of the present incumbent.

South CarolinaPub. L. 89–242, § 1(b)Oct. 7, 196579 Stat. 951

section 133 of title 28“The existing district judgeships for the Eastern District of South Carolina, the Western District of South Carolina, and the Eastern and Western Districts of South Carolina heretofore provided for by of the United States Code [this section] shall hereafter be district judgeships for the District of South Carolina and the present incumbents of such judgeships shall henceforth hold their offices under section 133, as amended by this Act.”

.—, , , provided that:

South DakotaPub. L. 85–310Sept. 7, 195771 Stat. 631

section 2(b) of the act of February 10, 1954 “The President is authorized to appoint, by and with the advice and consent of the Senate an additional district judge for the district of South Dakota as authorized by paragraph (3) of [set out as a note below].”

.—, , , provided:

Act Feb. 10, 1954, ch. 6, § 2(b)(3) 68 Stat. 10 Pub. L. 85–310Sept. 7, 195771 Stat. 631

“The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of South Dakota.”

, , as amended by , , , provided:

TennesseeAct Feb. 10, 1954, ch. 6, § 2(b)(4) 68 Stat. 10

“The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the middle district of Tennessee. The first vacancy occurring in the office of district judge in said district shall not be filled.”

.—, , provided:

TexasAct Aug. 3, 1949, ch. 387, § 2(d) 63 Stat. 495 act Feb. 10, 1954, ch. 6, § 2(b)(11) 68 Stat. 11 Feb. 10, 1954Feb. 10, 1954Aug. 3, 1949Feb. 10, 1954.—, , which authorized the appointment of an additional judge for the Southern district, was repealed by , , which by section 2(a)(2) of act , made the additional judgeship permanent. Section 2(b)(11) of act also provided that the incumbent of the judgeship created by section 2(d) of act , should henceforth hold his office under this section, as amended by act , § 2(a)(3).

UtahAct Feb. 10, 1954, ch. 6, § 2(b)(6) 68 Stat. 11 section 2(b) of Pub. L. 87–36Feb. 10, 1954Pub. L. 87–36, § 2(d).—, , which authorized the appointment of an additional judge for the district, was repealed by , which made the judgeship permanent and also provided that the incumbent of the judgeship created by act , should hence forth hold his office under this section, as amended by .

Virgin IslandsPub. L. 91–272, § 3(a)June 2, 197084 Stat. 296

“The President shall appoint, by and with the advice and consent of the Senate, one additional judge for the District Court of the Virgin Islands, who shall hold office for the term of eight years and until his successor is chosen and qualified, unless sooner removed by the President for cause.”

.—, , , provided that:

WashingtonPub. L. 95–486, § 1(b)Oct. 20, 197892 Stat. 1630

section 133 of title 28“The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by of the United States Code, shall hereafter be a district judgeship for the western district of Washington only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act.”

.—, , , provided that:

Pub. L. 87–36, § 2(c)May 19, 196175 Stat. 81

section 133 of title 28 Pub. L. 87–36“The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by of the United States Code, shall hereafter be a district judgeship for the western district of Washington only, and the present incumbent of such judgeship shall henceforth hold his office under section 133, as amended by this Act [].”

, , , provided that:

West VirginiaPub. L. 97–471, § 2Jan. 14, 198396 Stat. 2601

“(a)

October 20, 1978Pub. L. 95–48692 Stat. 1632 28 U.S.C. 133Jan. 14, 1983section 133 of title 28 The existing district judgeship for the Southern District of West Virginia, authorized by section 2 of the Act entitled ‘An Act to provide for the appointment of additional district and circuit judges and for other purposes’, approved [] (; note), shall, as of the date of enactment of this Act [], be authorized under of the United States Code as a district judgeship for the Northern District of West Virginia, and the incumbent of that office shall henceforth hold office under section 133, as amended by this Act.

“(b)

The existing district judgeship for the Northern and Southern Districts of West Virginia shall be authorized as the district judgeship for the Southern District.”

.—, , , provided that:

act June 22, 1936, ch. 695 49 Stat. 1805 act Feb. 10, 1954, ch. 6, § 2(a)(2) 68 Stat. 9 Feb. 10, 1954June 22, 1936Feb. 10, 1954The additional judgeship for the northern and southern districts, which was authorized by , , was made permanent by , , which by section 2(b)(12) of act , provided that the incumbent of the judgeship created by act , should henceforth hold his office under this section, as amended by act , § 2(a)(3).

WisconsinPub. L. 89–372, § 5(c)Mar. 18, 196680 Stat. 78 section 1(c) of Pub. L. 91–272June 2, 197084 Stat. 294 section 1(d) of Pub. L. 91–272.—, , , which authorized the appointment of an additional district judge for the district of Wisconsin and which provided that the first vacancy occurring in the office of district judge in such district not be filled was repealed by , , , which provided, in part, that such judgeship be a permanent judgeship and that the present incumbent henceforth hold his office under this section, as amended by .

Nomination of Women and Blacks to Federal Judgeships

Pub. L. 95–486, § 8Oct. 20, 197892 Stat. 1633

“The Congress—

“(1)

takes notice of the fact that only 1 percent of Federal judges are women and only 4 percent are blacks; and

“(2)

suggests that the President, in selecting individuals for nomination to the Federal judgeships created by this Act [for classification see Effective Date of 1978 Amendment note above], give due consideration to qualified individuals regardless of race, color, sex, religion, or national origin.”

, , , provided that:

Residence of Additional Judge for Kansas

Act Aug. 3, 1949, ch. 387, § 2(b)(2) 63 Stat. 495

“The judge first appointed for the district of Kansas under the authority contained in subsection (a) [amending this section] shall reside at Wichita.”

, , provided that:

Executive Documents

Executive Order No. 12084

Sept. 27, 1978Nov. 8, 1978May 5, 1981section 1013 of Title 5Ex. Ord. No. 12084, , 43 F.R. 44815, as amended by Ex. Ord. No. 12097, , 43 F.R. 52455, which established the Judicial Nominating Commission for the District of Puerto Rico and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12305, , 46 F.R. 25421, formerly set out as a note under , Government Organization and Employees.

Executive Order No. 12097

Nov. 8, 1978Feb. 25, 1986Ex. Ord. No. 12097, , 43 F.R. 52455, which provided standards and guidelines for the selection of nominees for United States district court judgeships, was revoked by Ex. Ord. No. 12553, , 51 F.R. 7237.