dreamproit/uscode huggingface dataset:
28 U.S.C. § 458 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 458. Relative of justice or judge ineligible to appointment
(a)
(1) No person shall be appointed to or employed in any office or duty in any court who is related by affinity or consanguinity within the degree of first cousin to any justice or judge of such court.
(2) With respect to the appointment of a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court), subsection (b) shall apply in lieu of this subsection.
(b)
(1) In this subsection, the term—
(A) “same court” means—
(i) in the case of a district court, the court of a single judicial district; and
(ii) in the case of a court of appeals, the court of appeals of a single circuit; and
(B) “member”—
(i) means an active judge or a judge retired in senior status under section 371(b); and
(ii) shall not include a retired judge, except as described under clause (i).
(2) No person may be appointed to the position of judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) who is related by affinity or consanguinity within the degree of first cousin to any judge who is a member of the same court.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 105–300, § 1(a), Oct. 27, 1998, 112 Stat. 2836.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 126 (Mar. 3, 1887, ch. 373, § 7, 24 Stat. 555; Aug. 13, 1888, ch. 866, § 7, 25 Stat. 437; Mar. 3, 1911, ch. 231, § 67, 36 Stat. 1105; Dec. 21, 1911, ch. 4, 37 Stat. 46).
A provision referring to circuit court employees as of December 21, 1911, was omitted as obsolete.
Changes in phraseology were made.
heading: Editorial Notes
heading: Amendments
text: 1998—Pub. L. 105–300 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) and (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1998 Amendment
text: Pub. L. 105–300, § 1(b), Oct. 27, 1998, 112 Stat. 2837, provided that: “This Act [amending this section] shall take effect on the date of enactment of this Act [Oct. 27, 1998] and shall apply only to any individual whose nomination is submitted to the Senate on or after such date.”
28 U.S.C. § 462 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 462. Court accommodations
(a) Sessions of courts of the United States (except the Supreme Court) shall be held only at places where the Director of the Administrative Office of the United States Courts provides accommodations, or where suitable accommodations are furnished without cost to the judicial branch.
(b) The Director of the Administrative Office of the United States Courts shall provide accommodations, including chambers and courtrooms, only at places where regular sessions of court are authorized by law to be held, but only if the judicial council of the appropriate circuit has approved the accommodations as necessary.
(c) The limitations and restrictions contained in subsection (b) of this section shall not prevent the Director from furnishing chambers to circuit judges at places within the circuit other than where regular sessions of court are authorized by law to be held, when the judicial council of the circuit approves.
(d) The Director of the Administrative Office of the United States Courts shall provide permanent accommodations for the United States Court of Appeals for the Federal Circuit and for the United States Court of Federal Claims only at the District of Columbia. However, each such court may hold regular and special sessions at other places utilizing the accommodations which the Director provides to other courts.
(e) The Director of the Administrative Office of the United States Courts shall provide accommodations for probation officers, pretrial service officers, and Federal Public Defender Organizations at such places as may be approved by the judicial council of the appropriate circuit.
(f) Upon the request of the Director, the Administrator of General Services is authorized and directed to provide the accommodations the Director requests, and to close accommodations which the Director recommends for closure with the approval of the Judicial Conference of the United States.
(Added Pub. L. 97–164, title I, § 115(c)(1), Apr. 2, 1982, 96 Stat. 31; amended Pub. L. 100–702, title X, § 1015, Nov. 19, 1988, 102 Stat. 4669; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
heading: Editorial Notes
heading: Amendments
text: 1992—Subsec. (d). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
1988—Subsec. (c). Pub. L. 100–702 substituted “within the circuit other than where regular sessions of court are authorized by law to be held,” for “where Federal facilities are available”.
heading: Statutory Notes and Related Subsidiaries
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. § 463 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 463. Expenses of litigation
Whenever a Chief Justice, justice, judge, officer, or employee of any United States court is sued in his official capacity, or is otherwise required to defend acts taken or omissions made in his official capacity, and the services of an attorney for the Government are not reasonably available pursuant to chapter 31 of this title, the Director of the Administrative Office of the United States Courts may pay the costs of his defense. The Director shall prescribe regulations for such payments subject to the approval of the Judicial Conference of the United States.
(Added Pub. L. 97–164, title I, § 116(a), Apr. 2, 1982, 96 Stat. 32.)
heading: Statutory Notes and Related Subsidiaries
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. § 474 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 474. Review of district court action
(a)
(1) The chief judge of each district court in a circuit and the chief judge of the circuit shall, as a committee—
(A) review each plan and report submitted pursuant to section 472(d) of this title; and
(B) make such suggestions for additional actions or modified actions of that district court as the committee considers appropriate for reducing cost and delay in civil litigation in the district court.
(2) The chief judge of a circuit may designate another judge of the court of appeals of that circuit, and the chief judge of a district court may designate another judge of such court, to perform that chief judge’s responsibilities under paragraph (1) of this subsection.
(b) The Judicial Conference of the United States—
(1) shall review each plan and report submitted by a district court pursuant to section 472(d) of this title; and
(2) may request the district court to take additional action if the Judicial Conference determines that such court has not adequately responded to the conditions relevant to the civil and criminal dockets of the court or to the recommendations of the district court’s advisory group.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5093; amended Pub. L. 102–198, § 2(2), Dec. 9, 1991, 105 Stat. 1623.)
heading: Editorial Notes
heading: Amendments
text: 1991—Subsec. (a)(1). Pub. L. 102–198, § 2(2)(A), substituted “chief judge” for “chief judges” and struck out “court of appeals for such” after “judge of the” in introductory provisions.
Subsec. (a)(2). Pub. L. 102–198, § 2(2)(B), substituted “circuit may designate another judge of the court of appeals of that circuit,” for “court of appeals” and “court, to perform that” for “court to perform the”.
28 U.S.C. § 477 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 477. Model civil justice expense and delay reduction plan
(a)
(1) Based on the plans developed and implemented by the United States district courts designated as Early Implementation District Courts pursuant to section 103(c) of the Civil Justice Reform Act of 1990, the Judicial Conference of the United States may develop one or more model civil justice expense and delay reduction plans. Any such model plan shall be accompanied by a report explaining the manner in which the plan complies with section 473 of this title.
(2) The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations to the Judicial Conference regarding the development of any model civil justice expense and delay reduction plan.
(b) The Director of the Administrative Office of the United States Courts shall transmit to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any model plan and accompanying report.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5094.)
heading: Editorial Notes
heading: References in Text
text: Section 103(c) of the Civil Justice Reform Act of 1990 [Pub. L. 101–650], referred to in subsec. (a)(1), is set out as a note under section 471 of this title.
28 U.S.C. § 478 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 478. Advisory groups
(a) Within ninety days after the date of the enactment of this chapter, the advisory group required in each United States district court in accordance with section 472 of this title shall be appointed by the chief judge of each district court, after consultation with the other judges of such court.
(b) The advisory group of a district court shall be balanced and include attorneys and other persons who are representative of major categories of litigants in such court, as determined by the chief judge of such court.
(c) Subject to subsection (d), in no event shall any member of the advisory group serve longer than four years.
(d) Notwithstanding subsection (c), the United States Attorney for a judicial district, or his or her designee, shall be a permanent member of the advisory group for that district court.
(e) The chief judge of a United States district court may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Judicial Conference of the United States.
(f) The members of an advisory group of a United States district court and any person designated as a reporter for such group shall be considered as independent contractors of such court when in the performance of official duties of the advisory group and may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before such court.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5094.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990.
28 U.S.C. § 479 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 479. Information on litigation management and cost and delay reduction
(a) Within four years after the date of the enactment of this chapter, the Judicial Conference of the United States shall prepare a comprehensive report on all plans received pursuant to section 472(d) of this title. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding such report to the Judicial Conference during the preparation of the report. The Judicial Conference shall transmit copies of the report to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives.
(b) The Judicial Conference of the United States shall, on a continuing basis—
(1) study ways to improve litigation management and dispute resolution services in the district courts; and
(2) make recommendations to the district courts on ways to improve such services.
(c)
(1) The Judicial Conference of the United States shall prepare, periodically revise, and transmit to the United States district courts a Manual for Litigation Management and Cost and Delay Reduction. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding the preparation of and any subsequent revisions to the Manual.
(2) The Manual shall be developed after careful evaluation of the plans implemented under section 472 of this title, the demonstration program conducted under section 104 of the Civil Justice Reform Act of 1990, and the pilot program conducted under section 105 of the Civil Justice Reform Act of 1990.
(3) The Manual shall contain a description and analysis of the litigation management, cost and delay reduction principles and techniques, and alternative dispute resolution programs considered most effective by the Judicial Conference, the Director of the Federal Judicial Center, and the Director of the Administrative Office of the United States Courts.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5095.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990.
Sections 104 and 105 of the Civil Justice Reform Act of 1990 [Pub. L. 101–650], referred to in subsec. (c)(2), are set out as notes under section 471 of this title.
28 U.S.C. § 482 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 482. Definitions
As used in this chapter, the term “judicial officer” means a United States district court judge or a United States magistrate judge.
(Added Pub. L. 101–650, title I, § 103(a), title III, § 321, Dec. 1, 1990, 104 Stat. 5096, 5117.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “United States magistrate judge” substituted for “United States magistrate” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.
28 U.S.C. § 501 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 501. Executive department
The Department of Justice is an executive department of the United States at the seat of Government.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 611.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 291 (less last 10 words).
R.S. § 346 (less last 10 words).
The words “There shall be”, referring to the establishment of the Department, are omitted as executed.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 501, acts June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 86–3, § 11(a), 73 Stat. 9, related to appointment of United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 541 of this title by section 4(c) of Pub. L. 89–554.
heading: Statutory Notes and Related Subsidiaries
heading: Office of Justice for Victims of Overseas Terrorism
text: Pub. L. 108–447, div. B, title I, § 126, Dec. 8, 2004, 118 Stat. 2872, provided that: “The Department of Justice shall establish an Office of Justice for Victims of Overseas Terrorism.”
heading: Specific Authorization of Appropriations Required for Department of Justice
text: Pub. L. 94–503, title II, § 204, Oct. 15, 1976, 90 Stat. 2427, provided that: “No sums shall be deemed to be authorized to be appropriated for any fiscal year beginning on or after October 1, 1978, for the Department of Justice (including any bureau, agency, or other similar subdivision thereof) except as specifically authorized by Act of Congress with respect to such fiscal year. Neither the creation of a subdivision in the Department of Justice, nor the authorization of an activity of the Department, any subdivision, or officer thereof, shall be deemed in itself to be an authorization of appropriations for the Department of Justice, such subdivision, or activity, with respect to any fiscal year beginning on or after October 1, 1978.”
28 U.S.C. § 502 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 502. Seal
The Attorney General shall have a seal for the Department of Justice. The design of the seal is subject to the approval of the President.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 611.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 292.
R.S. § 353.
The section is rewritten to conform to other statutes authorizing departmental seals. The words “The seal heretofore provided for the office of the Attorney General shall be” are omitted as obsolete.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 502, act June 25, 1948, ch. 646, 62 Stat. 909, related to appointment of assistant United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 542 of this title by section 4(c) of Pub. L. 89–554.
28 U.S.C. § 503 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 503. Attorney General
The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 291 (last 10 words).
R.S. § 346 (last 10 words).
The words “The President shall appoint, by and with the advice and consent of the Senate” have been added to conform the section with the Constitution. See article II, section 2, clause 2.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 503, act June 25, 1948, ch. 646, 62 Stat. 909, related to appointment of attorneys to assist United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 543 of this title by section 4(c) of Pub. L. 89–554.
heading: Statutory Notes and Related Subsidiaries
heading: Actions Challenging Appointment of Attorney General on Grounds of Violation of Constitutional Provisions Governing Compensation and Other Emoluments
text: Pub. L. 93–178, § 2, Dec. 10, 1973, 87 Stat. 697, provided that:
“(a) Any person aggrieved by an action of the Attorney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office.
“(b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the provisions of section 2284 of title 28, United States Code. Any appeal from the action of a court convened pursuant to such section shall lie to the Supreme Court.
“(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited.”
28 U.S.C. § 504 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 504. Deputy Attorney General
The President may appoint, by and with the advice and consent of the Senate, a Deputy Attorney General.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 107–77, title VI, § 612(c), Nov. 28, 2001, 115 Stat. 800; Pub. L. 107–273, div. B, title IV, § 4004(f), Nov. 2, 2002, 116 Stat. 1812.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 294.
Mar. 3, 1903, ch. 1006, § 1 (so much of 2d par. under “Department of Justice” as provides for appointment, pay, and duties of an assistant to the Attorney General), 32 Stat. 1062.
[Uncodified].
1950 Reorg. Plan No. 2, § 3, eff. May 24, 1950, 64 Stat. 1261.
The words “may appoint” are substituted for “is authorized to appoint”. So much of the Act of Mar. 3, 1903, as relates to pay is omitted as superseded by § 303(c) of the Act of Aug. 14, 1964, Pub. L. 88–426, 78 Stat. 416, which is codified in section 5314 of title 5, United States Code.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 504, acts June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 86–3, § 11(b), 73 Stat. 9, related to tenure and oath of office of United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in sections 541 and 544 of this title by section 4(c) of Pub. L. 89–554.
heading: Amendments
text: 2002—Pub. L. 107–273 repealed Pub. L. 107–77, § 612(c). See 2001 Amendment note below.
2001—Pub. L. 107–77, § 612(c), which directed amendment of section catchline by substituting “Attorneys” for “Attorney” and amendment of text by inserting “and a Deputy Attorney General for Combating Domestic Terrorism” after “General”, was repealed by Pub. L. 107–273.
heading: Statutory Notes and Related Subsidiaries
heading: Position Relating to Combating Domestic Terrorism
text: Pub. L. 107–77, title VI, § 612, Nov. 28, 2001, 115 Stat. 800, which had authorized appointment of a Deputy Attorney General for Combating Domestic Terrorism, if by June 30, 2002, the President had not submitted a proposal to restructure the Department of Justice to include a coordinator of Department of Justice activities relating to combating domestic terrorism, or if Congress had failed to enact legislation establishing such a new position, was repealed by Pub. L. 107–273, div. B, title IV, § 4004(f), Nov. 2, 2002, 116 Stat. 1812.
28 U.S.C. § 505 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 505. Solicitor General
The President shall appoint in the Department of Justice, by and with the advice and consent of the Senate, a Solicitor General, learned in the law, to assist the Attorney General in the performance of his duties.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 293.
R.S. § 347 (less last sentence).
So much of R.S. § 347 as relates to the pay of the Solicitor General is omitted as superseded by § 303(c) of the Act of Aug. 14, 1964, Pub. L. 88–426, 78 Stat. 416, which is codified in section 5314 of title 5, United States Code.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 505, act June 25, 1948, ch. 646, 62 Stat. 909, related to residence of United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 545 of this title by section 4(c) of Pub. L. 89–554.