Notes on 28 U.S.C. § 331 : US Code - Notes

Search Notes on 28 U.S.C. § 331 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 902; July 9, 1956, ch. 517, Sec.
1(d), 70 Stat. 497; Pub. L. 85-202, Aug. 28, 1957, 71 Stat. 476;
Pub. L. 85-513, July 11, 1958, 72 Stat. 356; Pub. L. 87-253, Secs.
1, 2, Sept. 19, 1961, 75 Stat. 521; Pub. L. 95-598, title II, Sec.
208, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96-458, Sec. 4, Oct. 15,
1980, 94 Stat. 2040; Pub. L. 97-164, title I, Sec. 111, Apr. 2,
1982, 96 Stat. 29; Pub. L. 99-466, Sec. 1, Oct. 14, 1986, 100 Stat.
1190; Pub. L. 100-702, title IV, Sec. 402(b), Nov. 19, 1988, 102
Stat. 4650; Pub. L. 104-317, title VI, Sec. 601(a), Oct. 19, 1996,
110 Stat. 3857; Pub. L. 107-273, div. C, title I, Sec. 11043(b),
Nov. 2, 2002, 116 Stat. 1855.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 218 (Sept. 14, 1922,
ch. 306, Sec. 2, 42 Stat. 838; July 5, 1937, ch. 427, 50 Stat.
473).
Provisions as to associate justice acting when Chief Justice is
disabled are omitted as unnecessary in view of section 3 of this
title giving senior associate justice power to act upon the
disability of the Chief Justice.
The provision of section 218 of title 28, U.S.C., 1940 ed., as to
traveling expenses is incorporated in section 456 of this title.
Provision as to time and place for holding conference was omitted
as unnecessary since the Chief Justice is vested with discretionary
power to designate the time and place under the language retained.
The references to "chief judge" are in harmony with other
sections of this title. (See Reviser's Note under section 136 of
this title.)
Provision for stated annual reports by the chief judge of the
district was omitted as obsolete and unnecessary in view of
sections 332 and 333 of this title.
The last paragraph is new and is inserted to authorize the
communication to Congress of information which now reaches that
body only because incorporated in the annual report of the Attorney
General.
Numerous changes were made in phraseology and arrangement.
REFERENCES IN TEXT
Rule 45(c) of the Federal Rules of Civil Procedure, referred to
in fourth paragraph, is set out in the Appendix to this title.
AMENDMENTS
2002 - Pub. L. 107-273 substituted "chapter 16" for "section
372(c)" in two places in fourth par.
1996 - Pub. L. 104-317 added second par. and struck out former
second par. which read as follows: "The district judge to be
summoned from each judicial circuit shall be chosen by the circuit
and district judges of the circuit at the annual judicial
conference of the circuit held pursuant to section 333 of this
title and shall serve as a member of the conference for three
successive years, except that in the year following the enactment
of this amended section the judges in the first, fourth, seventh,
and tenth circuits shall choose a district judge to serve for one
year, the judges in the second, fifth, and eighth circuits shall
choose a district judge to serve for two years and the judges in
the third, sixth, ninth, and District of Columbia circuits shall
choose a district judge to serve for three years."
1988 - Pub. L. 100-702 inserted paragraph requiring Judicial
Conference review of section 2071 rules prescribed by courts other
than Supreme court or district courts for consistency with Federal
law.
1986 - Pub. L. 99-466, Sec. 1(a), inserted ", the chief judge of
the Court of International Trade," and substituted "Conference may"
for "conference may" in first par.
Pub. L. 99-466, Sec. 1(b), inserted ", the chief judge of the
Court of International Trade," and "or any other judge of the Court
of International Trade, as the case may be" in first sentence of
third par.
Pub. L. 99-466, Sec. 1(c), substituted "Conference" for
"conference" in sixth par.
1982 - Pub. L. 97-164, in first par., struck out references to
the chief judge of the Court of Claims and to the chief judge of
the Court of Customs and Patent Appeals in the enumeration of
judges which the Chief Justice must summon each year for a
conference and, in third par., struck out provision that authorized
the Chief Justice to summon an associate judge of the Court of
Claims or the Court of Customs and Patent Appeals if the chief
judge of either of those courts could not attend.
1980 - Pub. L. 96-458, in fourth par., substituted "It shall also
submit suggestions and recommendations to the various courts to
promote uniformity of management procedures and the expeditious
conduct of court business." for "and shall submit suggestions to
the various courts, in the interest of uniformity and expedition of
business.", and inserted provisions relating to exercise of
authority under section 372(c) as the Conference or through
standing committee, the holding of hearings, taking of testimony,
and the issuance of subpoenas pursuant to rule 45(c) of the Federal
Rules of Civil Procedure.
1978 - Pub. L. 95-598 directed the amendment of section by
inserting references to bankruptcy judges, which amendment did not
become effective pursuant to section 402(b) of Pub. L. 95-598, as
amended, set out as an Effective Date note preceding section 101 of
Title 11, Bankruptcy.
1961 - Pub. L. 87-253 provided for the summoning to the judicial
conference of the chief judge of the Court of Customs and Patent
Appeals, and if he is unable to attend, for the summoning of an
associate judge of such court.
1958 - Pub. L. 85-513 inserted paragraph requiring a continuous
study of the operation and effect of the general rules of practice
and procedure.
1957 - Pub. L. 85-202 provided generally in first three
paragraphs for the representation of district judges on the
Judicial Conference.
1956 - Act July 9, 1956, inserted provisions relating to
participation of Court of Claims judges.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section
407 of Pub. L. 100-702, set out as a note under section 2071 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 4 of Pub. L. 99-466 provided that: "This Act and the
amendments made by this Act [enacting section 335 of this title,
amending this section and section 569 of this title, renumbering
section 873 of this title as 872, and repealing former section 872
of this title] shall take effect 60 days after the date of the
enactment of this Act [Oct. 14, 1986]."
EFFECTIVE DATE OF 1982 AMENDMENT
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.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 7 of Pub. L. 96-458 provided that: "This Act [amending
this section and sections 332, 372, and 604 of this title and
enacting provisions set out as notes under this section and section
1 of this title] shall become effective on October 1, 1981."
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in this
section relating to requirement that the Chief Justice submit to
Congress an annual report of proceedings of the Judicial Conference
and recommendations for legislation, see section 3003 of Pub. L.
104-66, as amended, set out as a note under section 1113 of Title
31, Money and Finance, and page 13 of House Document No. 103-7.
DEPOSIT OF FEES FOR PROCESSING OF VIOLATIONS THROUGH CENTRAL
VIOLATIONS BUREAU CASES
Pub. L. 108-447, div. B, title III, Sec. 308, Dec. 8, 2004, 118
Stat. 2895, as amended by Pub. L. 109-13, div. A, title VI, Sec.
6066, May 11, 2005, 119 Stat. 299, provided that: "For fiscal year
2005 and hereafter, such fees as shall be collected for the
processing of violations through the Central Violations Bureau
cases as prescribed by the Judicial Conference of the United States
shall be deposited as offsetting receipts to the fund established
under 28 U.S.C. 1931 and shall remain available to the Judiciary
until expended to reimburse any appropriation for the amount paid
out of such appropriation for expenses of the Courts of Appeals,
District Courts, and Other Judicial Services and the Administrative
Offices of the United States Courts."
POLICIES, PROCEDURES, AND METHODOLOGIES USED IN RECOMMENDATION FOR
CREATION OF ADDITIONAL FEDERAL JUDGESHIPS; STUDY BY GENERAL
ACCOUNTING OFFICE AND REPORT TO CONGRESS
Pub. L. 101-650, title II, Sec. 205, Dec. 1, 1990, 104 Stat.
5103, provided that the Comptroller General was to review the
policies, procedures, and methodologies used by the Judicial
Conference of the United States in recommending to Congress the
creation of additional Federal judgeships and, not later than 18
months after Dec. 1, 1990, report the results of the review, with
recommendations, to the appropriate congressional committees.
FEDERAL COURTS STUDY COMMITTEE
Title I of Pub. L. 100-702, known as the "Federal Courts Study
Act", established within the Judicial Conference of the United
States, a Federal Courts Study Committee on the future of the
Federal Judiciary, which was directed to examine problems and
issues currently facing the courts of the United States, develop a
long-range plan for the future of the Federal Judiciary, including
assessments involving alternative methods of dispute resolution,
the structure and administration of the Federal court system,
methods of resolving intracircuit and intercircuit conflicts in the
courts of appeals, and the types of disputes resolved by the
Federal courts, and to submit, within 15 months after Jan. 1, 1989,
a report to the Judicial Conference of the United States, the
President, the Congress, the Conference of Chief Justices, and the
State Justice Institute on the revisions, if any, in the laws of
the United States which the Committee, based on its study and
evaluation, deemed advisable, and further provided for membership
of the Committee, duties, powers and functions, compensation of
members, appropriations, and expiration of the Committee 60 days
after submission of report.