dreamproit/uscode huggingface dataset:
28 U.S.C. § 154 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 154. Division of businesses; chief judge
(a) Each bankruptcy court for a district having more than one bankruptcy judge shall by majority vote promulgate rules for the division of business among the bankruptcy judges to the extent that the division of business is not otherwise provided for by the rules of the district court.
(b) In each district court having more than one bankruptcy judge the district court shall designate one judge to serve as chief judge of such bankruptcy court. Whenever a majority of the judges of such district court cannot agree upon the designation as chief judge, the chief judge of such district court shall make such designation. The chief judge of the bankruptcy court shall ensure that the rules of the bankruptcy court and of the district court are observed and that the business of the bankruptcy court is handled effectively and expeditiously.
(Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339.)
28 U.S.C. § 155 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 155. Temporary transfer of bankruptcy judges
(a) A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district other than the judicial district for which such bankruptcy judge was appointed upon the approval of the judicial council of each of the circuits involved.
(b) A bankruptcy judge who has retired may, upon consent, be recalled to serve as a bankruptcy judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a bankruptcy judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference of the United States, subject to the restrictions on the payment of an annuity in section 377 of this title or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such judge.
(Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–651, title II, § 202(a), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 100–659, § 4(a), Nov. 15, 1988, 102 Stat. 3918.)
heading: Amendments
text: 1988—Subsec. (b). Pub. L. 100–659 inserted “section 377 of this title or in” after “annuity in” and “which are applicable to such judge” after “title 5”.
1986—Subsec. (b). Pub. L. 99–651 inserted reference to chapter 84 of title 5.
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under section 377 of this title.
heading: Effective Date of 1986 Amendment
text: Pub. L. 99–651, title II, § 203, Nov. 14, 1986, 100 Stat. 3649, provided that: “This title and the amendments made by this title [enacting section 375 of this title and amending this section and sections 374, 631, 633, 636, and 797 of this title] take effect on January 1, 1987.”
28 U.S.C. § 174 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 174. Assignment of judges; decisions
(a) The judicial power of the United States Court of Federal Claims with respect to any action, suit, or proceeding, except congressional reference cases, shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.
(b) All decisions of the Court of Federal Claims shall be preserved and open to inspection.
(June 25, 1948, ch. 646, 62 Stat. 898; Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 243 (Mar. 3, 1911, ch. 231, § 138, 36 Stat. 1136).
This section is based on the first sentence of section 243 of title 28, U.S.C., 1940 ed. The remainder of said section is incorporated in section 175 of this title.
Words “the seat of government” were substituted for “the city of Washington” to conform to similar language respecting the Supreme Court. (See section 2 of this title.)
Words “to be fixed by rule of court” were added to provide greater flexibility in administering the business of the court. For similar provisions covering the district courts, see section 138 of this title.
Word “term” was substituted for “session” for uniformity.
Minor changes were made in phraseology.
heading: Amendments
text: 1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” in subsec. (a) and “Court of Federal Claims” for “Claims Court” in subsec. (b).
1982—Pub. L. 97–164 amended section generally, substituting provisions relating to assignment of judges (formerly contained in section 175) for provisions relating to terms of court. See section 173 of this title.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
heading: Effective Date of 1982 Amendment
text: Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
28 U.S.C. § 175 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 175. Official duty station; residence
(a) The official duty station of each judge of the United States Court of Federal Claims is the District of Columbia.
(b) After appointment and while in active service, each judge shall reside within fifty miles of the District of Columbia.
(c) Retired judges of the Court of Federal Claims are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which such judge customarily lives shall be deemed to be the judge’s official duty station for the purposes of section 456 of this title.
(Added Pub. L. 89–425, § 2, May 11, 1966, 80 Stat. 140; amended Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106–518, title III, § 307, Nov. 13, 2000, 114 Stat. 2419.)
heading: Prior Provisions
text: A prior section 175, act June 25, 1948, ch. 646, 62 Stat. 898, required three judges of the Court of Claims to constitute a quorum and the concurrence of three judges for any decision, prior to repeal by section 2 of Pub. L. 89–425.
heading: Amendments
text: 2000—Subsec. (c). Pub. L. 106–518 added subsec. (c).
1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
1982—Pub. L. 97–164 amended section generally, substituting provisions relating to the official duty station and residence of Claims Court judges for provisions relating to assignment of judges, divisions, hearings, quorums and decisions. See section 174 of this title.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
heading: Effective Date of 1982 Amendment
text: Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
28 U.S.C. § 176 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 176. Removal from office
(a) Removal of a judge of the United States Court of Federal Claims during the term for which he is appointed shall be only for incompetency, misconduct, neglect of duty, engaging in the practice of law, or physical or mental disability. Removal shall be by the United States Court of Appeals for the Federal Circuit, but removal may not occur unless a majority of all the judges of such court of appeals concur in the order of removal.
(b) Before any order of removal may be entered, a full specification of the charges shall be furnished to the judge involved, and such judge shall be accorded an opportunity to be heard on the charges.
(c) Any cause for removal of any judge of the United States Court of Federal Claims coming to the knowledge of the Director of the Administrative Office of the United States Courts shall be reported by him to the chief judge of the United States Court of Appeals for the Federal Circuit, and a copy of the report shall at the same time be transmitted to the judge.
(Added Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 28; amended Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
heading: Amendments
text: 1992—Subsecs. (a), (c). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
28 U.S.C. § 177 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 177. Disbarment of removed judges
A judge of the United States Court of Federal Claims removed from office in accordance with section 176 of this title shall not be permitted at any time to practice before the Court of Federal Claims.
(Added Pub. L. 97–164, title I, § 105(a), Apr. 2, 1982, 96 Stat. 28; amended Pub. L. 102–572, title IX, § 902(a), Oct. 29, 1992, 106 Stat. 4516.)
heading: Amendments
text: 1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” and “Court of Federal Claims” for “Claims Court”.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
28 U.S.C. § 180 (JUDICIARY AND JUDICIAL PROCEDURE)
[§ 180. Repealed. Pub. L. 106–398, § 1 [[div. A], title VI, § 654(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–165]
text: Section, added Pub. L. 102–572, title IX, § 903(a), Oct. 29, 1992, 106 Stat. 4517, related to military retirement pay for retired judges.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1999, see section 1 [[div. A], title VI, § 654(c)] of Pub. L. 106–398, set out as an Effective Date of 2000 Amendment note under section 371 of this title.
28 U.S.C. § 211 to 216 (JUDICIARY AND JUDICIAL PROCEDURE)
[§§ 211 to 216. Repealed. Pub. L. 97–164, title I, § 106, Apr. 2, 1982, 96 Stat. 28]
text: Section 211, acts June 25, 1948, ch. 646, 62 Stat. 899; Aug. 25, 1958, Pub. L. 85–755, § 1, 72 Stat. 848, provided for creation of United States Court of Customs and Patent Appeals under article III of the United States Constitution and for appointment of a chief judge and four associate judges for that court.
text: Section 212, act June 25, 1948, ch. 646, 62 Stat. 899, provided for order of precedence of chief judge and associate judges of court.
text: Section 213, acts June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2, 1955, ch. 9, § 1(e), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88–426, title IV, § 403(e), 78 Stat. 434; Aug. 9, 1975, Pub. L. 94–82, title II, § 205(b)(5), 89 Stat. 422, provided for tenure and salaries of judges.
text: Section 214, act June 25, 1948, ch. 646, 62 Stat. 899, authorized court to hold court at such times and places as it might fix by rule.
text: Section 215, act June 25, 1948, ch. 646, 62 Stat. 899, provided that three judges of court constituted a quorum and that concurrence of three judges was necessary to any decision.
text: Section 216, act June 25, 1948, ch. 646, 62 Stat. 899, provided for filing of written opinions by Court of Customs and Patent Appeals on appeals from decisions of Patent Office and recording of those opinions in Patent Office.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
heading: Transfer of Matters and Petitions Pending in United States Court of Customs and Patent Appeals on October 1, 1982
text: For provisions that any matter pending before the United States Court of Customs and Patent Appeals on Oct. 1, 1982, and that any petition for rehearing, reconsideration, alteration, modification, or other change in any decision of the United States Court of Customs and Patent Appeals rendered prior to Oct. 1, 1982, that has not been determined on that date or that is filed after that date, be determined by the United States Court of Appeals for the Federal Circuit, see section 403(b), (c) of Pub. L. 97–164, formerly set out as a note under section 171 of this title.
28 U.S.C. § 255 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 255. Three-judge trials
(a) Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Court of International Trade shall designate any three judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of the customs laws.
(b) A majority of the three judges designated may hear and determine the civil action and all questions pending therein.
(Added Pub. L. 91–271, title I, § 108, June 2, 1970, 84 Stat. 277; amended Pub. L. 96–417, title V, § 501(5), Oct. 10, 1980, 94 Stat. 1742.)
heading: Prior Provisions
text: A prior section 255 was renumbered section 257 of this title.
heading: Amendments
text: 1980—Subsec. (a). Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
heading: Effective Date
text: Section effective Oct. 1, 1970, see section 122 of Pub. L. 91–271, set out as a note under section 256 of this title.
28 U.S.C. § 257 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 257. Publication of decisions
All decisions of the Court of International Trade shall be preserved and open to inspection. The court shall forward copies of each decision to the Secretary of the Treasury or his designee and to the appropriate customs officer for the district in which the case arose. The Secretary shall publish weekly such decisions as he or the court may designate and abstracts of all other decisions.
(June 25, 1948, ch. 646, 62 Stat. 900, § 255; renumbered § 257 and amended Pub. L. 91–271, title I, § 107, June 2, 1970, 84 Stat. 277; Pub. L. 96–417, title V, § 501(6), Oct. 10, 1980, 94 Stat. 1742.)
heading: Historical and Revision Notes
text: Based on section 1519 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, § 519, 46 Stat. 739).
Changes in phraseology were made.
heading: Amendments
text: 1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
1970—Pub. L. 91–271 inserted “or his designee” after “Secretary of the Treasury,” and substituted “to the appropriate customs officer” for “the collector”.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–271 effective Oct. 1, 1970, see section 122 of Pub. L. 91–271, set out as an Effective Date note under section 256 of this title.
28 U.S.C. § 297 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 297. Assignment of judges to courts of the freely associated compact states
(a) The Chief Justice or the chief judge of the United States Court of Appeals for the Ninth Circuit may assign any circuit, district, magistrate, or territorial judge of a court of the Ninth Circuit, with the consent of the judge so assigned, to serve temporarily as a judge of any duly constituted court of the freely associated compact states whenever an official duly authorized by the laws of the respective compact state requests such assignment and such assignment is necessary for the proper dispatch of the business of the respective court.
(b) The Congress consents to the acceptance and retention by any judge so authorized of reimbursement from the countries referred to in subsection (a) of all necessary travel expenses, including transportation, and of subsistence, or of a reasonable per diem allowance in lieu of subsistence. The judge shall report to the Administrative Office of the United States Courts any amount received pursuant to this subsection.
(Added Pub. L. 100–702, title X, § 1022(1), Nov. 19, 1988, 102 Stat. 4672; amended Pub. L. 112–149, § 3, July 26, 2012, 126 Stat. 1145.)
heading: Amendments
text: 2012—Subsec. (a). Pub. L. 112–149 substituted “circuit, district, magistrate, or territorial judge of a court” for “circuit or district judge”.
28 U.S.C. § 334 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 334. Institutes and joint councils on sentencing
(a) In the interest of uniformity in sentencing procedures, there is hereby authorized to be established under the auspices of the Judicial Conference of the United States, institutes and joint councils on sentencing. The Attorney General and/or the chief judge of each circuit may at any time request, through the Director of the Administrative Office of the United States Courts, the Judicial Conference to convene such institutes and joint councils for the purpose of studying, discussing, and formulating the objectives, policies, standards, and criteria for sentencing those convicted of crimes and offenses in the courts of the United States. The agenda of the institutes and joint councils may include but shall not be limited to: (1) The development of standards for the content and utilization of presentence reports; (2) the establishment of factors to be used in selecting cases for special study and observation in prescribed diagnostic clinics; (3) the determination of the importance of psychiatric, emotional, sociological and physiological factors involved in crime and their bearing upon sentences; (4) the discussion of special sentencing problems in unusual cases such as treason, violation of public trust, subversion, or involving abnormal sex behavior, addiction to drugs or alcohol, and mental or physical handicaps; (5) the formulation of sentencing principles and criteria which will assist in promoting the equitable administration of the criminal laws of the United States.
(b) After the Judicial Conference has approved the time, place, participants, agenda, and other arrangements for such institutes and joint councils, the chief judge of each circuit is authorized to invite the attendance of district judges under conditions which he thinks proper and which will not unduly delay the work of the courts.
(c) The Attorney General is authorized to select and direct the attendance at such institutes and meetings of United States attorneys and other officials of the Department of Justice and may invite the participation of other interested Federal officers. He may also invite specialists in sentencing methods, criminologists, psychiatrists, penologists, and others to participate in the proceedings.
(d) The expenses of attendance of judges shall be paid from applicable appropriations for the judiciary of the United States. The expenses connected with the preparation of the plans and agenda for the conference and for the travel and other expenses incident to the attendance of officials and other participants invited by the Attorney General shall be paid from applicable appropriations of the Department of Justice.
(Added Pub. L. 85–752, § 1, Aug. 25, 1958, 72 Stat. 845.)
heading: Sentencing Procedures
text: Pub. L. 85–752, § 7, Aug. 25, 1958, 72 Stat. 847, provided that: “This Act [enacting this section, sections 4208 and 4209 of Title 18, Crimes and Criminal Procedure, and provisions set out as a note under section 4208 of Title 18] does not apply to any offense for which there is provided a mandatory penalty.”
28 U.S.C. § 335 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 335. Judicial Conference of the Court of International Trade
(a) The chief judge of the Court of International Trade is authorized to summon annually the judges of such court to a judicial conference, at a time and place that such chief judge designates, for the purpose of considering the business of such court and improvements in the administration of justice in such court.
(b) The Court of International Trade shall provide by its rules for representation and active participation at such conference by members of the bar.
(Added Pub. L. 99–466, § 2(a), Oct. 14, 1986, 100 Stat. 1190.)
heading: Effective Date
text: Section effective 60 days after Oct. 14, 1986, see section 4 of Pub. L. 99–466, set out as an Effective Date of 1986 Amendment note under section 331 of this title.
28 U.S.C. § 351 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 351. Complaints; judge defined
(a) Filing of Complaint by Any Person.—
Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of office by reason of mental or physical disability, may file with the clerk of the court of appeals for the circuit a written complaint containing a brief statement of the facts constituting such conduct.
(b) Identifying Complaint by Chief Judge.—
In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the chief judge of the circuit, the chief judge may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint.
(c) Transmittal of Complaint.—
Upon receipt of a complaint filed under subsection (a), the clerk shall promptly transmit the complaint to the chief judge of the circuit, or, if the conduct complained of is that of the chief judge, to that circuit judge in regular active service next senior in date of commission (hereafter, for purposes of this chapter only, included in the term “chief judge”). The clerk shall simultaneously transmit a copy of the complaint to the judge whose conduct is the subject of the complaint. The clerk shall also transmit a copy of any complaint identified under subsection (b) to the judge whose conduct is the subject of the complaint.
(d) Definitions.—
In this chapter—
(1) the term “judge” means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and
(2) the term “complainant” means the person filing a complaint under subsection (a) of this section.
(Added Pub. L. 107–273, div. C, title I, § 11042(a), Nov. 2, 2002, 116 Stat. 1848.)
heading: Severability
text: Pub. L. 107–273, div. C, title I, § 11044, Nov. 2, 2002, 116 Stat. 1856, provided that: “If any provision of this subtitle [subtitle C (§§ 11041–11044) of title I of div. C of Pub. L. 107–273, enacting this chapter, amending sections 331, 332, 372, 375, and 604 of this title, and section 7253 of Title 38, Veterans’ Benefits, and enacting provisions set out as a note under section 1 of this title], an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance shall not be affected thereby.”