An Act to provide for the appointment of additional district judges, and for other purposes
PL 91-272 (S.952), enacted 06/02/1970

294 
PUBLIC LAW 91-272-JUNE 2, 1970 
[84 STAT. 
June 2,1970 
[S. 952] 
Public Law 91-272 
AN ACT 
To provide for the appointment of additional district judges, and for 
other purposes. 
U.S. district 
court judges. 
Alabama. 
62 Stat. 895; 
80 Stat. 77. 
Kansas, Penn-
sylvania, Wiscon-
sin, permanent 
judgeships. 
28 u s e 133 
notes. 
Be it enacted by the Seiuite and House of Represenfathes 
of the 
United /States of Amet-iea in Congress assembled. That (a) the Presi-
dent 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 addi-
tional 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 south-
ern 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 Ix)ui-
siana, two additional district judges for the district of Maryland, two 
additional district judges for the eastern district of Michigan, one ad-
ditional district judge for the eastern district of Missouri, one addi-
tional district judge for the district of Nebraska, one additional dis-
trict 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 Ten-
nessee, one additional district judge for the northern district of Texas, 
one additional district judge for the eastern district of Texas, one addi-
tional 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. 
(b) The existing district judgeshij) for the middle and southern 
districts of Alabama, heretofore provided for by section 133 of title 
28 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. 
(c) The existing district judgeship for the district of Kansas, the 
existing district judgeships for the eastern district of Pennsylvania, 
and the existing district judgeship for the eastern district of Wiscon-
sin, created by section 5 of the Act entitled "An Act to provide for 
the appointment of additional circuit and district judges, and for 
other purposes", approved March 18, 1966 (80 Stat. 78), and amended 
by the Act of September 23, 1967 (81 Stat. 228), shall be permanent 
judgeships and the present incumbents of such judgeships shall hence-
forth hold their offices under section 133 of title 28, United States 
84 STAT. ] 
PUBLIC LAW 91-27 2-JUNE 2, 1970 
295 
Code, as amended by subsection (d) of this section. The Act of Sep- Repeau. 
tember 23, 1967 (81 Stat. 228), and section 5 of the Act of March 18, 
1966 (80 Stat. 78), are repealed. 
_ 
no^tL"^*^ ^^^ 
(d) In order that the table contained in section 133 of title 28 of 
the United States Code will reflect the changes made by this section 
62 stat, 895; 
in the number of permanent district judgeships for certain judicial *° ^*^*' '^* 
districts and combinations of districts, such table is amended to read 
as follows with respect to those districts: 
"Districts 
Judges 
Alabama: 
Northern 
4 
Middle 
2 
Southern 
2 
Arizona 
5 
California: 
Northern 
11 
Central 
16 
Southern 
5 
Colorado 
4 
^ 
H: 
^ 
9K 
^ 
H< 
Hi 
Florida: 
Middle 
6 
Southern 
7 
Georgia: 
Northern 
6 
if! 
ij: 
Ht 
it: 
if 
* 
^' 
Southern 
2 
Illinois: 
Northern 
13 
Kansas 
4 
Kentucky: 
Eastern 
2 
Western 
3 
Loui.-iana: 
Eastern 
10 
Western 
4 
^Maryland 
7 
Michigan: 
Eastern 
10 
Missouri: 
Eastern 
3 
4: 
* 
* 
* 
i|c 
* 
4t 
Nebraska 
3 
New Jersey 
9 
New Mexico 
3 
New York: 
*
*
*
*
* 
)|( 
« 
Southern 
27 
Eastern 
9 
47-348 O - 72 - 23 (Pt. 1) 
296 
PUBLIC LAW 91-272-JUNE 2, 1970 
[84 STAT. 
New Jersey. 
Pennsylvania, 
North Carolina. 
Virgin Islands. 
68 Stat. 506. 
48 u s e 1614. 
"Districts 
Judges 
()hio: 
Northern 
8 
Southern 
5 
:i: 
« 
* 
* 
* 
* 
* 
T'ennsylvania: 
Eastern 
'• 
19 
H: 
4 : 
4 : 
He 
* 
He 
4: 
Western 
10 
Puerto Rico 
3 
He 
)|c 
* 
« 
* 
* 
4i 
South Carolina 
5 
* 
* 
* 
* 
" • 
* 
* 
Tennessee: 
Western 
3 
He 
* 
* 
* 
* 
if 
* 
. 
Texas: 
Northern 
6 
Southern 
8 
Eastern 
3 
Western 
5 
H< 
Hi 
Hi 
Hi 
* 
4e 
4i 
Virginia: 
Eastern 
6 
West Virginia: 
-
Southern 
2 
* 
* 
* 
* 
*, 
* 
* 
Wisconsin: 
Eastern 
- 
3." 
SEC. 2. (a) The President shall appoint, by and with the advice and 
consent of tlie 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. 
(b) 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. 
(c) The President shall ai)point, by and with the advice and consent 
of the Senate, one additional district jud^e for the eastern district 
of North Carolina. The first vacany occurring in the office of district 
judge in that district shall not be filled. 
SEC. 8. (a) 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. 
(b) In order to reflect and implement the changes made by sub-
section (a) of this section, section 24 of the Revised Organic Act of 
the Virgin Islands is amended to read as follows: 
"SEC. 24. (a) The President shall, by and with the advice and con-
sent of the Senate, appoint two judges for the District Court of the 
Virgin Islands, who shall hold office for terms of eight years and until 
their successors are chosen and qualified, unless sooner removed by the 
President for cause. The salary of a judge of the district court shall be 
at the rate prescribed for judges of the United States district courts. 
Whenever it is made to appear that such an assignment is necessary 
for the proper dispatch of the business of the district court, the chief 
judge of the Third Judicial Circuit of the United States may assign 
84 STAT. ] 
PUBLIC LAW 91-272-JUNE 2, 1970 
297 
a judge of the municipal court of the Virgin Ishmds or a circuit or 
district judge of the Third Circuit, or the Chief Justice of the United 
States may assign any other United States circuit or district judge with 
the consent of the judge so assigned and of the chief judge of his cir-
cuit, to serve temporarily as a judge of the District Court of the Virgin 
Islands. The compensation of the judges of the district court and the 
administrative expenses of the court shall be paid from appropriations 
made for the judiciary of the United States. 
"(b) The judge of the district court who is senior in continuous 
service and under seventy years of age shall be the chief judge of the 
court and shall have power to appoint officers of the court when and 
as provided in section 756 of title 28, United States Code. The division 
^2 stat. 923. 
of the business of the court among the judges shall be made as pre-
scribed in section 137 of that title. 
62 stat. 897. 
"(c) The Attorney General shall appoint a United States marshal 
for the Virgin Islands, to whose office the provisions of chapter 33 of 
title 28, United States Code, shall apply." 
so stat. eie. 
SEC. 4. (a) Section 128 (a) of title 28, ITnited States Code, is amended 
was^M^gfon.""^' 
to read as follows: 
62 stat. 894; 
"EASTERN DISTOICT 
^^ ^'^*' ^^*-
"(a) The Eastern District comprises the counties of Adams, Asotin, 
Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, 
Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Ste-
vens, Walla Walla, Whitman, and Yakima. 
"Court for the Eastern District shall be held at Spokane, Yakima, 
Walla Walla, and Richland." 
(b) Section 128(b) of title 28, United States Code, is amended to 
read as follows: 
"WESTORN DISTOICT 
" (b) The Western District comprises the counties of Clallam, Clark, 
Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, 
Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, 
Wahkiakum, and Whatcom. 
"Court for the Western District shall be held at Bellingham, Seattle, 
and Tacoma." 
SEC. 5. Section 92 of title 28, United States Code, is amended to 
" stat. 877. 
read as follows: 
"§ 92. Idaho 
"Idaho, exclusive of Yellowstone National Park, constitutes one 
judicial district. 
"(^ourt shall l)e held at Boise, Coeur d'Alene, Moscow, and 
Pocatello.'-
SEC. 6. Section 118(a) of title 28, United States Code, is amended to 
f;?""^^^':^"'^-
1 
» n 
^ ' 
' 
' 
62 Stat. 888. 
read as follows: 
"EASTERN DISTRICT 
"(a) The Eastern District comprises the counties of Berks, Bucks, 
Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, 
Philadelphia, and Schuylkill. 
"Court for the Eastern District shall be held at Allentown, Easton, 
Reading, and Philadelphia." 
SEC. 7. The second sentence of section 117 of title 28, United States 
Oregon. 
Code, is amended to read as follows: 
S'* stat. 393. 
"Court shall be held at Coquille, Eugene, Klamath Falls, Medford, 
Pendleton, and Portland." 
SEC. 8. Section 93(a) of title 28, United States Code, is amended by 
minois. 
' 
• ' 6 2 
Stat. 878. 
298 
PUBLIC LAW 91-272-JUNE 2, 1970 
[84 
STAT. 
Indiana. 
62 Stat. 879. 
Florida. 
76 Stat. 248. 
Michigan. 
75 Stat. 83. 
Tennessee. 
62 Stat. 890, 
Repeal. 
62 Stat. 989. 
62 Stat. 921; 
74 Stat. 303. 
Additional re-
porters. 
Court of Claims. 
62 Stat. 923. 
28 u s e 791-795. 
striking out "•Court for the Western Division shall be held at Free-
port," and inserting in lieu thereof "Court for the Western Division 
shall be held at Freeport and Rockford,". 
SEC. 9. The third sentence of section 94(b) of title 28, United States 
Code, is amended to read as follows: 
"Court for the Indianapolis Division shall be held at Indian-
apolis and Richmond.''. 
SEC, 10, The second paragraph of section 89(c) of title 28, United 
States Code, is amended by inserting "Fort Lauderdale,'' immediately 
after "shall be held at". 
SEC, 11. Section 102(b)(1) of title 28, United States Code, is 
amended by striking out at the end thereof "and Lansing'' and insert-
ing in lieu thereof "Lansing, and Traverse City". 
SEC. 12, (a) Paragraph (1) of section 123(c) of title 28, United 
States Code, is amended by inserting "Haywood,'' immediately after 
"Hardin,". 
(b) Paragraph (2) of such section is amended by striking out "Hay-
wood,". 
SEC. 13. Section 41 of the Act of March 2,1917 (ch, 145, 39 Stat, 965; 
48 U.S.C. 863), is repealed. 
SEC, 14, Section 753 of title 28, United States Code, is amended as 
follows: 
(1) The first sentence of subsection (e) is amended by striking 
out "at not less than $3,000 nor more than $7,630 per annum". 
(2) A new subsection (g) is added to read as follows: 
"(g) If, upon the advice of the chief judge of any district court 
within the circuit, the judicial council of any circuit determines that 
the number of court reporters provided such district court pursuant 
to subsection (a) of this section is insufficient to meet temporary 
demands and needs and that the services of additional court reporters 
for such district court should be provided the judges of such district 
court (including the senior judges thereof when such senior judges 
are performing substantial judicial services for such court) on a con-
tract basis, rather than by appointment of court reporters as otherwise 
provided in this section, and such judicial council notifies the Director 
of the Administrative Office, in writing, of such determination, the 
Director of the Administrative Office is authorized to and shall con-
tract, without regard to section 3709 of the Revised Statutes of the 
United States, as amended (41 U.S,C, 5), with any suitable person, 
firm, association, or corporation for the providing of court reporters 
to serve such district court under such terms and conditions as the 
Director of the Administrative Office finds, after consultation with 
the chief judge of the district court, will best serve the needs of such 
district court," 
SEC. 15. (a) Chapter 51 of title 28, United States Code, is amended 
by adding after section 795 thereof the following new section: 
§ 796. Reporting of court proceedings 
"The Court of Claims is authorized to contract for the reporting of 
all proceedings had in open court, and in such contract to fix the terms 
and conditions under which such reporting services shall be per-
formed, including the terms and conditions under which transcripts 
shall be supplied by the contractor to the court and to other persons, 
departments, and agencies." 
(b) The analysis of chapter 51 of title 28, United States ('ode, is 
amended by adding at the end thereof the following new item : 
•'796. Keportins of <'ourt proceedings." 
Approved June 2, 1970. 
'