(June 25, 1948, ch. 646, 62 Stat. 902; July 9, 1956, ch. 517, § 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, §§ 1,
2,Sept. 19, 1961, 75 Stat. 521; Pub. L. 95–598, title II, § 208,Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96–458, § 4,Oct. 15, 1980, 94 Stat. 2040; Pub. L. 97–164, title I, § 111,Apr. 2, 1982, 96 Stat. 29; Pub. L. 99–466, § 1,Oct. 14, 1986, 100 Stat. 1190; Pub. L. 100–702, title IV, § 402(b),Nov. 19, 1988, 102 Stat. 4650; Pub. L. 104–317, title VI, § 601(a),Oct. 19, 1996, 110 Stat. 3857; Pub. L. 107–273, div. C, title I, § 11043(b),Nov. 2, 2002, 116 Stat. 1855; Pub. L. 110–177, title I, § 101(b),Jan. 7, 2008, 121 Stat. 2534.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 218 (Sept. 14, 1922, ch. 306, § 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
of this title giving senior associate justice power to act upon the disability of the Chief Justice.
The provision of section
218 of title
, U.S.C., 1940 ed., as to traveling expenses is incorporated in section
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
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
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.
2008—Pub. L. 110–177
added ninth par. relating to security requirements for the judicial branch of the United States Government.
2002—Pub. L. 107–273
substituted “chapter 16” for “section
” 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
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
rules prescribed by courts other than Supreme court or district courts for consistency with Federal law.
1986—Pub. L. 99–466
, § 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
, § 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
, § 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
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) ofPub. L. 95–598
, as amended, set out as an Effective Date note preceding section
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 ofPub. L. 100–702
, set out as a note under section
of this title.
Effective Date of 1986 Amendment
Section 4 ofPub. L. 99–466
provided that: “This Act and the amendments made by this Act [enacting section
of this title, amending this section and section
of this title, renumbering section
of this title as 872, and repealing former section
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 ofPub. L. 97–164
, set out as a note under section
of this title.
Effective Date of 1980 Amendment
Section 7 ofPub. L. 96–458
provided that: “This Act [amending this section and sections
of this title and enacting provisions set out as notes under this section and section
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 ofPub. L. 104–66
, as amended, set out as a note under section
, 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, § 308,Dec. 8, 2004, 118 Stat. 2895
, as amended by Pub. L. 109–13
, div. A, title VI, § 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
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, § 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.