An Act to provide for the appointment of additional district and circuit judges, and for other purposes.
PL 95-486 (H.R.7843), enacted 10/20/1978

PUBLIC LAW 95-486—OCT. 20, 1978 
92 STAT. 1629 
Public Law 95-486 
95th Congress 
An Act 
To provide for the appointment of additional district and circuit judges, and for 
other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assernbled^ That (a) the Presi-
dent 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 dis-
trict judge for the northern district of California, three additional dis-
trict 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 north-
ern district of Florida, three additional district judges for the middle 
district of Florida, five additional district judges for the southern dis-
trict 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 addi-
tional 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 dis-
trict of Maine, two additional district judges for the district of Mary-
land, 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 dis-
trict 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 dis-
trict 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 additiono,! 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 tJie middle district of Pennsylvania, four additional 
Oct. 20, 1978 
[H.R. 7843] 
Federal district 
and circuit 
judges, additional 
appointments. 
District judges. 
28 u s e 133 note. 
92 STAT. 1630 
PUBLIC LAW 95-486—OCT. 20, 1978 
district judges for the district of Puerto Rico, three additional district 
judges for the district of South Carolina, one add'tional 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 dis-
trict 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. 
28 use 133 note. 
(b) The existing district judgeship for the eastern and western dis-
tricts of Washington, heretofore provided for by section 133 of title 28 
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 
Infra. 
amended by t^is Act. 
28 use 133. 
(c) In order that the table contained in section 133 of title 28 of the 
United States Code will, with respect to each district therein, reflect 
the changes in the number of judgeships made by this section, such table 
is amended to read as follows: 
"Districts 
Judges 
Alabama: 
Northern 
7 
Middle 
3 
Southern 
2 
Alaska 
2 
Arizona 
8 
Arkansas: 
Eastern 
3 
Western 
1 
Eastern and Western 
2 
California: 
Northern 
12 
Eastern 
6 
Central 
17 
Southern 
7 
Colorado 
6 
Connecticut 
5 
Delaware 
3 
District of Columbia 
15 
Florida: 
Northern 
3 
Middle 
9 
Southern 
12 
Georgia: 
Northern 
11 
Middle 
2 
Southern 
3 
Hawaii 
2 
Idaho 
2 
Illinois: 
Northern 
16 
Central 
3 
Southern 
2 
PUBLIC LAW 95-486—OCT. 20, 1978 
92 STAT. 1631 
"Districts 
Judges 
Indiana: 
Northern 
4 
Southern 
5 
Iowa: 
Northern 
1 
Southern 
2 
Northern and Southern 
1 
Kansas 
5 
Kentucky: 
Eastern 
4 
Western 
3 
Eastern and Western 
1 
Louisiana: 
Eastern 
13 
Middle 
2 
Western 
5 
Maine 
2 
Maryland 
9 
Massachusetts 
10 
Michigan: 
Eastern 
13 
Western 
4 
Minnesota 
5 
Mississippi: 
Northern 
2 
Southern 
3 
Missouri: 
Eastern 
4 
Western 
5 
Eastern and Western 
2 
Montana 
2 
Nebraska 
3 
Nevada 
3 
New Hampshire 
2 
New Jersey 
11 
New Mexico 
4 
New York: 
Northern 
3 
Southern 
27 
Eastern 
10 
Western 
3 
North Carolina: 
Eastern 
3 
Western 
3 
Middle 
3 
North Dakota 
2 
Ohio: 
Northern 
9 
Southern 
6 
Oklahoma: 
Northern 
2 
Eastern 
1 
Western 
3 
Northern, Eastern, and Western 
2 
Oregon 
5 
Pennsylvania: 
Eastern 
19 
Middle 
5 
Western 
10 
Puerto Rico 
7 
Rhode Island 
2 
South Carolina 
8 
South Dakota 
3 
Tennessee: 
Eastern 
3 
Middle 
3 
Western 
3 
92 STAT. 1632 
PUBLIC LAW 95-486—OCT. 20, 1978 
28 u s e 133 note. 
Vacancies. 
Circuit judges. 
28 u s e 44 note. 
28 u s e 45 note. 
28 u s e 45 note. 
"Districts 
Judges 
Texas: 
Northern 
9 
Southern 
13 
Eastern 
4 
Western 
6 
Utah 
3 
Vermont 
2 
Virginia: 
Eastern 
8 
Western 
4 
Washington: 
Eastern 
2 
Western 
5 
West Virginia: 
Northern 
1 
Southern 
3 
Northern and Southern 
1 
Wisconsin: 
Eastern 
4 
Western 
2 
Wyoming 
1". 
SEC. 2. The President shall appoint, by and with the advice and con-
sent of the Senate, one additional district judge for the eastern district 
of Kentucky, one additional district judge for the district of Minne-
sota, 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. 
SEC. 3. (a) The President shall appoint, by and with the advice and 
consent of the Senate, one additional circuit judgeship for the first cir-
cuit, two additional circuit judgeships for the second circuit, one addi-
tional circuit judgeship for the third circuit, three additional circuit 
judgeships for the fourth circuit, eleven additional circuit judgeships 
for the fifth circuit, two additional circuit judgeships for the sixth cir-
cuit, one additional circuit judgeship for the seventh circuit, one addi-
tional circuit judgeship for the eighth circuit, ten additional circuit 
judgeships for the ninth circuit, one additional circuit judgeship for 
ithe tenth circuit, and two additional circuit judgeships for the District 
of Columbia. 
(b) In order that the table contained in section 44(a) of title 28, 
United States Code, will, with respect to each circuit, reflect the 
changes in the number of judgeships made by this Act, such table is 
amended to read as follows: 
Number 
"Circuits 
of judges 
District of Columbia 
11 
First 
4 
Second 
11 
Third 
10 
Fourth 
10 
Fifth 
26 
Sixth 
11 
Seventh 
9 
Eighth 
9 
Ninth 
28 
Tenth 
8". 
SEC. 4. Section 3 of the Act entitled "An Act to provide that chief 
judges of circuit courts and chief judges of district courts having three 
or more judges shall cease to serve as such upon reaching the age of 
seventy" (Public Law 85-593, approved August 6,1958 (72 Stat. 497)) 
is amended by striking out ", except that the amendment made by 
PUBLIC LAW 95-486—OCT. 20, 1978 
92 STAT. 1633 
Appeals court 
units. 
28 u s e 41 note. 
section 136 shall not be effective with respect to any district having two 
judges in regular active service so long as the district judge holding 
the position of chief judge of any such district on such date of enact-
ment continues to hold such position". 
SEC. 5. (a) Section 46(c) of title 28 of the United States Code is 
amended— 
(1) in the first sentence, by striking out "division" and inserting 
"panel" in lieu thereof; and 
(2) by striking out the third sentence. 
(b) The heading of section 46 of title 28 of the United States Code is 
amended by striking out "divisions" and inserting "panels" in lieu 
thereof. 
(c) The item relating to section 46 in the table of sections for chapter 
3 of title 28 of the United States Code is amended by striking out 
"divisions" and inserting "panels" in lieu thereof. 
SEC. 6. Any court of appeals having more than 15 active judges may 
constitute itself into administrative units complete with such facilities 
and staff as may be prescribed by the Administrative Office of the 
United States Courts, and may perform its en banc function by such 
number of members of its en banc courts as may be prescribed by rule 
of the court of appeals. 
SEC. 7. (a) The first section and section 2 of this Act shall take effect 28 USC133 note 
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. 
(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 Presi-
dent's failure to comply with this section or with any standards or 
guidelines promulgated under this section. 
(d) This Act, other than the first section and section 2, shall take 
effect on the date of enactment of this Act. 
SEC. 8. 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, give 
due consideration to qualified individuals regardless of race, color, 
sex, religion, or national origin. 
SEC. 9. (a) Section 1337 of title 28 of the United States Code is 
amended to read as follows: 
"§ 1337. Commerce and antitrust regulations; amount in contro-
versy, costs 
"(a) The district courts shall have original jurisdiction of any civil 
action or proceeding arising under any Act of Congress regulating 
commerce or protecting trade and commerce against restraints ana 
monopolies: Provided^ however^ That the district courts shall have 
original jurisdiction of an action brought under section 20(11) of 
part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 
219 of part II of such Act (49 U.S.C. 319), only if the matter in con-
Waiver, 
notification to 
Senate. 
28 USC 133 note. 
39-194 O—80—pt. 2 
23 : QL3 
92 STAT. 1634 
PUBLIC LAW 95-486—OCT. 20, 1978 
Position 
classifications. 
5 u s e 5332 note. 
28 u s e 133 note. 
Appropriation 
authorization. 
troversy for each receipt or bill of lading exceeds $10,000, exclusive of 
interest and costs. 
"(b) Except when express provision therefor is otherwise made in 
a statute of the United States, where a plaintiff who files the case under 
section 20(11) of part I of the Interstate Commerce Act (49 IJ.S.C. 
20(11)) or section 219 of part II of such Act (49 U.S.C. 319), origi-
nally in the Federal courts is finally adjudged to be entitled to recover 
less than the sum or value of $10,000, computed without regard to any 
setoff or counterclaim to which the defendant may be adjudged to be 
entitled, and exclusive of any interest and costs, the district court may 
deny costs to the plaintiff and, in addition, may impose costs on the 
plaintiff.". 
(b) Subsection (b) of section 1445, of title 28 of the United States 
Code is amended by striking out "$3,000" and inserting in lieu thereof 
"$10,000". 
(c) The item relating to section 1337 in the table of sections for 
chapter 85 of title 28 of the United States Code is amended to read 
as follows: 
"1337. Commerce and antitrust regulations; amount in controversy, costs.". 
SEC. 10. Section 5108(c)(3) of title 5, United States Code, is 
amended to read as follows: 
"(3) the Director of the Administrative Office of the United 
States Courts, subject to the standards and procedures prescribed 
by this chapter, may place a total of 15 positions in GS-16, IT, and 
18;". 
SEC. 11. Notwithstanding any other provision of this Act, the first 
section and section 2 shall not take effect before November 1,1978. 
SEC. 12. There are authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this Act. 
Approved October 20, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-858 (eomm. on the Judiciary) and No. 95-1643 (eomm. of 
eonference). 
SENATE REPORTS: No. 95-117 accompanying S. 11 (eomm. on the Judiciary) and No. 
95-1257 (eomm. of eonference). 
eONGRESSIONAL REeORD: 
VoL 123 (1977): May 23, 24, S. 11 considered and passed Senate. 
VoL 124 (1978): Feb. 7, considered and passed House; considered and passed 
Senate, amended, in lieu of S. 11. 
Sept. 28, eonference report filed in disagreement in House. 
Oct. 4, House concurred in Senate amendment with an amend-
ment. 
Oct. 7, Senate agreed to conference report; concurred in House 
amendment. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS: 
Vol. 14, No. 42 (1978)i: Oct. 20, Presidential statement.