28 U.S.C. § 332 : US Code - Section 332: Judicial councils of circuits

Search 28 U.S.C. § 332 : US Code - Section 332: Judicial councils of circuits

(a)(1) The chief judge of each judicial circuit shall call, at
least twice in each year and at such places as he or she may
designate, a meeting of the judicial council of the circuit,
consisting of the chief judge of the circuit, who shall preside,
and an equal number of circuit judges and district judges of the
circuit, as such number is determined by majority vote of all such
judges of the circuit in regular active service.
(2) Members of the council shall serve for terms established by a
majority vote of all judges of the circuit in regular active
service.
(3) Except for the chief judge of the circuit, either judges in
regular active service or judges retired from regular active
service under section 371(b) of this title may serve as members of
the council. Service as a member of a judicial council by a judge
retired from regular active service under section 371(b) may not be
considered for meeting the requirements of section 371(f)(1)(A),
(B), or (C).(!1)
(4) No more than one district judge from any one district shall
serve simultaneously on the council, unless at least one district
judge from each district within the circuit is already serving as a
member of the council.
(5) In the event of the death, resignation, retirement under
section 371(a) or 372(a) of this title, or disability of a member
of the council, a replacement member shall be designated to serve
the remainder of the unexpired term by the chief judge of the
circuit.
(6) Each member of the council shall attend each council meeting
unless excused by the chief judge of the circuit.
(b) The council shall be known as the Judicial Council of the
circuit.
(c) The chief judge shall submit to the council the semiannual
reports of the Director of the Administrative Office of the United
States Courts. The council shall take such action thereon as may be
necessary.
(d)(1) Each judicial council shall make all necessary and
appropriate orders for the effective and expeditious administration
of justice within its circuit. Any general order relating to
practice and procedure shall be made or amended only after giving
appropriate public notice and an opportunity for comment. Any such
order so relating shall take effect upon the date specified by such
judicial council. Copies of such orders so relating shall be
furnished to the Judicial Conference and the Administrative Office
of the United States Courts and be made available to the public.
Each council is authorized to hold hearings, to take sworn
testimony, and to issue subpoenas and subpoenas duces tecum.
Subpoenas and subpoenas duces tecum shall be issued by the clerk of
the court of appeals, at the direction of the chief judge of the
circuit or his designee and under the seal of the court, and shall
be served in the manner provided in rule 45(c) of the Federal Rules
of Civil Procedure for subpoenas and subpoenas duces tecum issued
on behalf of the United States or an officer or agency thereof.
(2) All judicial officers and employees of the circuit shall
promptly carry into effect all orders of the judicial council. In
the case of failure to comply with an order made under this
subsection or a subpoena issued under chapter 16 of this title, a
judicial council or a special committee appointed under section 353
of this title may institute a contempt proceeding in any district
court in which the judicial officer or employee of the circuit who
fails to comply with the order made under this subsection shall be
ordered to show cause before the court why he or she should not be
held in contempt of court.
(3) Unless an impediment to the administration of justice is
involved, regular business of the courts need not be referred to
the council.
(4) Each judicial council shall periodically review the rules
which are prescribed under section 2071 of this title by district
courts within its circuit for consistency with rules prescribed
under section 2072 of this title. Each council may modify or
abrogate any such rule found inconsistent in the course of such a
review.
(e) The judicial council of each circuit may appoint a circuit
executive. In appointing a circuit executive, the judicial council
shall take into account experience in administrative and executive
positions, familiarity with court procedures, and special training.
The circuit executive shall exercise such administrative powers and
perform such duties as may be delegated to him by the circuit
council. The duties delegated to the circuit executive of each
circuit may include but need not be limited to:
(1) Exercising administrative control of all nonjudicial
activities of the court of appeals of the circuit in which he is
appointed.
(2) Administering the personnel system of the court of appeals of
the circuit.
(3) Administering the budget of the court of appeals of the
circuit.
(4) Maintaining a modern accounting system.
(5) Establishing and maintaining property control records and
undertaking a space management program.
(6) Conducting studies relating to the business and
administration of the courts within the circuit and preparing
appropriate recommendations and reports to the chief judge, the
circuit council, and the Judicial Conference.
(7) Collecting, compiling, and analyzing statistical data with a
view to the preparation and presentation of reports based on such
data as may be directed by the chief judge, the circuit council,
and the Administrative Office of the United States Courts.
(8) Representing the circuit as its liaison to the courts of the
various States in which the circuit is located, the marshal's
office, State and local bar associations, civic groups, news media,
and other private and public groups having a reasonable interest in
the administration of the circuit.
(9) Arranging and attending meetings of the judges of the circuit
and of the circuit council, including preparing the agenda and
serving as secretary in all such meetings.
(10) Preparing an annual report to the circuit and to the
Administrative Office of the United States Courts for the preceding
calendar year, including recommendations for more expeditious
disposition of the business of the circuit.
All duties delegated to the circuit executive shall be subject to
the general supervision of the chief judge of the circuit.
(f)(1) Each circuit executive shall be paid at a salary to be
established by the Judicial Conference of the United States not to
exceed the annual rate of level IV of the Executive Schedule pay
rates under section 5315 of title 5.
(2) The circuit executive shall serve at the pleasure of the
judicial council of the circuit.
(3) The circuit executive may appoint, with the approval of the
council, necessary employees in such number as may be approved by
the Director of the Administrative Office of the United States
Courts.
(4) The circuit executive and his staff shall be deemed to be
officers and employees of the judicial branch of the United States
Government within the meaning of subchapter III of chapter 83
(relating to civil service retirement), chapter 87 (relating to
Federal employees' life insurance program), and chapter 89
(relating to Federal employees' health benefits program) of title
5, United States Code.
(g) No later than January 31 of each year, each judicial council
shall submit a report to the Administrative Office of the United
States Courts on the number and nature of orders entered under this
section during the preceding calendar year that relate to judicial
misconduct or disability.
(h)(1) The United States Court of Appeals for the Federal Circuit
may appoint a circuit executive, who shall serve at the pleasure of
the court. In appointing a circuit executive, the court shall take
into account experience in administrative and executive positions,
familiarity with court procedures, and special training. The
circuit executive shall exercise such administrative powers and
perform such duties as may be delegated by the court. The duties
delegated to the circuit executive may include the duties specified
in subsection (e) of this section, insofar as such duties are
applicable to the Court of Appeals for the Federal Circuit.
(2) The circuit executive shall be paid the salary for circuit
executives established under subsection (f) of this section.
(3) The circuit executive may appoint, with the approval of the
court, necessary employees in such number as may be approved by the
Director of the Administrative Office of the United States Courts.
(4) The circuit executive and staff shall be deemed to be
officers and employees of the United States within the meaning of
the statutes specified in subsection (f)(4).
(5) The court may appoint either a circuit executive under this
subsection or a clerk under section 711 of this title, but not
both, or may appoint a combined circuit executive/clerk who shall
be paid the salary of a circuit executive.