28 U.S.C. § 152 : US Code - Section 152: Appointment of bankruptcy judges

Search 28 U.S.C. § 152 : US Code - Section 152: Appointment of bankruptcy judges

(a)(1) Each bankruptcy judge to be appointed for a judicial
district, as provided in paragraph (2), shall be appointed by the
court of appeals of the United States for the circuit in which such
district is located. Such appointments shall be made after
considering the recommendations of the Judicial Conference
submitted pursuant to subsection (b). Each bankruptcy judge shall
be appointed for a term of fourteen years, subject to the
provisions of subsection (e). However, upon the expiration of the
term, a bankruptcy judge may, with the approval of the judicial
council of the circuit, continue to perform the duties of the
office until the earlier of the date which is 180 days after the
expiration of the term or the date of the appointment of a
successor. Bankruptcy judges shall serve as judicial officers of
the United States district court established under Article III of
the Constitution.
(2) The bankruptcy judges appointed pursuant to this section
shall be appointed for the several judicial districts as follows:
Districts Judges
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Alabama:
Northern 5
Middle 2
Southern 2
Alaska 2
Arizona 7
Arkansas:
Eastern and Western 3
California:
Northern 9
Eastern 6
Central 21
Southern 4
Colorado 5
Connecticut 3
Delaware 1
District of Columbia 1
Florida:
Northern 1
Middle 8
Southern 5
Georgia:
Northern 8
Middle 3
Southern 2
Hawaii 1
Idaho 2
Illinois:
Northern 10
Central 3
Southern 1
Indiana:
Northern 3
Southern 4
Iowa:
Northern 2
Southern 2
Kansas 4
Kentucky:
Eastern 2
Western 3
Louisiana:
Eastern 2
Middle 1
Western 3
Maine 2
Maryland 4
Massachusetts 5
Michigan:
Eastern 4
Western 3
Minnesota 4
Mississippi:
Northern 1
Southern 2
Missouri:
Eastern 3
Western 3
Montana 1
Nebraska 2
Nevada 3
New Hampshire 1
New Jersey 8
New Mexico 2
New York:
Northern 2
Southern 9
Eastern 6
Western 3
North Carolina:
Eastern 2
Middle 2
Western 2
North Dakota 1
Ohio:
Northern 8
Southern 7
Oklahoma:
Northern 2
Eastern 1
Western 3
Oregon 5
Pennsylvania:
Eastern 5
Middle 2
Western 4
Puerto Rico 2
Rhode Island 1
South Carolina 2
South Dakota 2
Tennessee:
Eastern 3
Middle 3
Western 4
Texas:
Northern 6
Eastern 2
Southern 6
Western 4
Utah 3
Vermont 1
Virginia:
Eastern 5
Western 3
Washington:
Eastern 2
Western 5
West Virginia:
Northern 1
Southern 1
Wisconsin:
Eastern 4
Western 2
Wyoming 1.
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(3) Whenever a majority of the judges of any court of appeals
cannot agree upon the appointment of a bankruptcy judge, the chief
judge of such court shall make such appointment.
(4) The judges of the district courts for the territories shall
serve as the bankruptcy judges for such courts. The United States
court of appeals for the circuit within which such a territorial
district court is located may appoint bankruptcy judges under this
chapter for such district if authorized to do so by the Congress of
the United States under this section.
(b)(1) The Judicial Conference of the United States shall, from
time to time, and after considering the recommendations submitted
by the Director of the Administrative Office of the United States
Courts after such Director has consulted with the judicial council
of the circuit involved, determine the official duty stations of
bankruptcy judges and places of holding court.
(2) The Judicial Conference shall, from time to time, submit
recommendations to the Congress regarding the number of bankruptcy
judges needed and the districts in which such judges are needed.
(3) Not later than December 31, 1994, and not later than the end
of each 2-year period thereafter, the Judicial Conference of the
United States shall conduct a comprehensive review of all judicial
districts to assess the continuing need for the bankruptcy judges
authorized by this section, and shall report to the Congress its
findings and any recommendations for the elimination of any
authorized position which can be eliminated when a vacancy exists
by reason of resignation, retirement, removal, or death.
(c)(1) Each bankruptcy judge may hold court at such places within
the judicial district, in addition to the official duty station of
such judge, as the business of the court may require.
(2)(A) Bankruptcy judges may hold court at such places within the
United States outside the judicial district as the nature of the
business of the court may require, and upon such notice as the
court orders, upon a finding by either the chief judge of the
bankruptcy court (or, if the chief judge is unavailable, the most
senior available bankruptcy judge) or by the judicial council of
the circuit that, because of emergency conditions, no location
within the district is reasonably available where the bankruptcy
judges could hold court.
(B) Bankruptcy judges may transact any business at special
sessions of court held outside the district pursuant to this
paragraph that might be transacted at a regular session.
(C) If a bankruptcy court issues an order exercising its
authority under subparagraph (A), the court -
(i) through the Administrative Office of the United States
Courts, shall -
(I) send notice of such order, including the reasons for the
issuance of such order, to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives; and
(II) not later than 180 days after the expiration of such
court order submit a brief report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives describing the impact of such
order, including -
(aa) the reasons for the issuance of such order;
(bb) the duration of such order;
(cc) the impact of such order on litigants; and
(dd) the costs to the judiciary resulting from such order;
and
(ii) shall provide reasonable notice to the United States
Marshals Service before the commencement of any special session
held pursuant to such order.
(d) With the approval of the Judicial Conference and of each of
the judicial councils involved, a bankruptcy judge may be
designated to serve in any district adjacent to or near the
district for which such bankruptcy judge was appointed.
(e) A bankruptcy judge may be removed during the term for which
such bankruptcy judge is appointed, only for incompetence,
misconduct, neglect of duty, or physical or mental disability and
only by the judicial council of the circuit in which the judge's
official duty station is located. Removal may not occur unless a
majority of all of the judges of such council concur in the order
of removal. Before any order of removal may be entered, a full
specification of charges shall be furnished to such bankruptcy
judge who shall be accorded an opportunity to be heard on such
charges.