28 U.S.C. § 132

Creation and composition of district courts

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(a) There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.(b) Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court.(c) Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 88–176, § 2, Nov. 13, 1963, 77 Stat. 331.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 1, and section 641 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1087; July 30, 1914, ch. 216, 38 Stat. 580; July 19, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 19).

Section consolidates section 1 of title 28, U.S.C., 1940 ed., and section 641 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect the consolidation.

Subsection (c) is derived from section 641 of title 48, U.S.C., 1940 ed., which applied only to the Territory of Hawaii. The revised section, by extending it to all districts, merely recognizes established practice.

Other portions of section 1 of title 28, U.S.C., 1940 ed., are incorporated in sections 133 and 134 of this title. The remainder of section 641 of title 48, U.S.C., 1940 ed., is incorporated in sections 91 and 133 of this title.

Editorial NotesAmendments

1963—Subsec. (b). Pub. L. 88–176 inserted “regular” before “active service”.

Statutory Notes and Related SubsidiariesContinuation of Organization of Court

Act June 25, 1948, ch. 646, § 2(b), 62 Stat. 985, provided in part that the provisions of this title as set out in section 1 of act June 25, 1948, with respect to the organization of the court, shall be construed as a continuation of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title pursuant to his prior appointment.

Notes of Decisions

Cited in 44 cases (5 in the last 5 years), 1945–2024 · leading case: United States v. Anaya, 509 F. Supp. 289 (S.D. Fla. 1980).

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United States v. Anaya, 509 F. Supp. 289 (S.D. Fla. 1980). · cites it 5× “EN BANC JURISDICTION Pursuant to 28 U.S.C. §§ 132 , 137 and in accordance with an order authorized by all active judges and issued by the Chief Judge of the United States District Court for the Southern District of Florida, these eighty-four (84) criminal cases were transferred…”

In Re Corrugated Container Antitrust Litig.-John W. Culy, 662 F.2d 875 (D.C. Cir. 1981). · cites it 2× “Justices or judges designated or assigned shall be competent to sit as judges of the court.”

United States v. Ignacio Antonio Zayas-Morales, 685 F.2d 1272 (11th Cir. 1982). · cites it 2× “The District Court relied on 28 U.S.C. §§ 132 and 137 for statutory authority to rule on the motions en banc.”

PennEast Pipeline Co. v. New Jersey, 594 U.S. 482 (2021). “” See 28 U. S. C. §§132 , 451. This condemnation suit, by any stretch, is “a[ ] suit in law or equity.”

United States v. Neal T. Roberts & James Albert Robison, 618 F.2d 530 (9th Cir. 1980). “In creating the district courts, Congress provided ( 28 U.S.C. § 132 ): “There shall be in each judicial district a district court .”

Drown v. Wells Fargo Bank, N.A. (In Re Scott), 424 B.R. 315 (Bankr. S.D. Ohio 2010). · cites it 2× “The Court derives its authority to issue this memorandum opinion from 28 U.S.C. § 132 (c), under which the judicial power of the Court may be exercised by a single judge, "[ejxcept as otherwise provided by law, or rule or order of court.”

IRR Supply Centers, Inc. v. Phipps (In Re Phipps), 217 B.R. 427 (Bankr. W.D.N.Y. 1998). · cites it 2× “Furthermore, whatever else the 1984 jurisdictional amendments did or did not do, they did not make this writer a judge of the district court, for purposes of 28 U.S.C. § 132 (b) and (c). 5 Therefore, I do not sit in the stead of a district judge even in “core” bankruptcy matters…”

In the Matter of Michael Palmisano, 70 F.3d 483 (7th Cir. 1995). “Although a district court usually acts through single judges, 28 U.S.C. § 132 (c) permits the court to sit in panels, or en banc, when a local rule so provides.”

Armando A. Miranda v. United States, 255 F.2d 9 (1st Cir. 1958). “” 28 U.S.C. § 132 (a). 5 . “The President shall appoint, by and with the advice and consent of the Sen- ■ ate, district judges for the several judicial districts, as follows: “Districts Judges “Alabama: “Northern.”

Rhiel v. OhioHealth Corp. (In Re Hunter), 380 B.R. 753 (Bankr. S.D. Ohio 2008). “The Court derives its authority to issue this opinion from 28 U.S.C. § 132 (c), under which the judicial power of the Court may be exercised by a single judge, "[e]xcept as otherwise provided by law, or rale or order of court.”

United States v. Jackson, 374 F. Supp. 168 (N.D. Ill. 1974). · cites it 3× “” In implementation of Article III, Congress has created district courts ( 28 U.S.C. § 132 (a)) providing that “Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised…”

Albuquerque Commons P'ship v. City Council of Albuquerque, 2009 NMCA 65 (N.M. Ct. App. 2009). “in which 28 U.S.C. § 132 (1963) describes a district court as “a court of record known as the United States District Court for the district”).”

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— 28 U.S.C. § 132(c) — 1 case

United States v. Jackson, 374 F. Supp. 168 (N.D. Ill. 1974). “” In implementation of Article III, Congress has created district courts ( 28 U.S.C. § 132 (a)) providing that “Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised…”

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