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.