28 U.S.C. § 331

Judicial Conference of the United States

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 28 CasesGoogle Scholar

The Chief Justice of the United States shall summon annually the chief judge of each judicial circuit, the chief judge of the Court of International Trade, and a district judge from each judicial circuit to a conference at such time and place in the United States as he may designate. He shall preside at such conference which shall be known as the Judicial Conference of the United States. Special sessions of the Conference may be called by the Chief Justice at such times and places as he may designate.

The district judge to be summoned from each judicial circuit shall be chosen by the circuit and district judges of the circuit and shall serve as a member of the Judicial Conference of the United States for a term of not less than 3 successive years nor more than 5 successive years, as established by majority vote of all circuit and district judges of the circuit. A district judge serving as a member of the Judicial Conference may be either a judge in regular active service or a judge retired from regular active service under section 371(b) of this title.

If the chief judge of any circuit, the chief judge of the Court of International Trade, or the district judge chosen by the judges of the circuit is unable to attend, the Chief Justice may summon any other circuit or district judge from such circuit or any other judge of the Court of International Trade, as the case may be. Every judge summoned shall attend and, unless excused by the Chief Justice, shall remain throughout the sessions of the conference and advise as to the needs of his circuit or court and as to any matters in respect of which the administration of justice in the courts of the United States may be improved.

The Conference shall make a comprehensive survey of the condition of business in the courts of the United States and prepare plans for assignment of judges to or from circuits or districts where necessary. It shall also submit suggestions and recommendations to the various courts to promote uniformity of management procedures and the expeditious conduct of court business. The Conference is authorized to exercise the authority provided in chapter 16 of this title as the Conference, or through a standing committee. If the Conference elects to establish a standing committee, it shall be appointed by the Chief Justice and all petitions for review shall be reviewed by that committee. The Conference or the standing committee may hold hearings, take sworn testimony, issue subpoenas and subpoenas duces tecum, and make necessary and appropriate orders in the exercise of its authority. Subpoenas and subpoenas duces tecum shall be issued by the clerk of the Supreme Court or by the clerk of any court of appeals, at the direction of the Chief Justice 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 any agency thereof. The Conference may also prescribe and modify rules for the exercise of the authority provided in chapter 16 of this title. All judicial officers and employees of the United States shall promptly carry into effect all orders of the Judicial Conference or the standing committee established pursuant to this section.

The Conference shall also carry on a continuous study of the operation and effect of the general rules of practice and procedure now or hereafter in use as prescribed by the Supreme Court for the other courts of the United States pursuant to law. Such changes in and additions to those rules as the Conference may deem desirable to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay shall be recommended by the Conference from time to time to the Supreme Court for its consideration and adoption, modification or rejection, in accordance with law.

The Judicial Conference shall review rules prescribed under section 2071 of this title by the courts, other than the Supreme Court and the district courts, for consistency with Federal law. The Judicial Conference may modify or abrogate any such rule so reviewed found inconsistent in the course of such a review.

The Attorney General shall, upon request of the Chief Justice, report to such Conference on matters relating to the business of the several courts of the United States, with particular reference to cases to which the United States is a party.

The Chief Justice shall submit to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation.

The Judicial Conference shall consult with the Director of 11 So in original. The word “the” probably should appear. United States Marshals Service on a continuing basis regarding the security requirements for the judicial branch of the United States Government, to ensure that the views of the Judicial Conference regarding the security requirements for the judicial branch of the Federal Government are taken into account when determining staffing levels, setting priorities for programs regarding judicial security, and allocating judicial security resources. In this paragraph, the term “judicial security” includes the security of buildings housing the judiciary, the personal security of judicial officers, the assessment of threats made to judicial officers, and the protection of all other judicial personnel. The United States Marshals Service retains final authority regarding security requirements for the judicial branch of the Federal Government.

Notes of Decisions

Cited in 93 cases (4 in the last 5 years), 1958–2025 · leading case: Mistretta v. United States, 488 U.S. 361 (1989).

Sort: Relevance Newest Treatment

Mistretta v. United States, 488 U.S. 361 (1989). · cites it 6× “See 28 U. S. C. §§ 331 , 332; see generally Meador, The Federal Judiciary and Its Future Administration, 65 Va.”

Miner v. Atlass, 363 U.S. 641 (1960). · cites it 8× “The problem then is one which peculiarly calls for exacting observance of the statutory procedures surrounding the rule-making powers of the Court, see 28 U. S. C. § 331 (advisory function of Judicial Conference), 28 U.”

Nat'l Fed'n of the Blind v. United Airlines Inc., 813 F.3d 718 (9th Cir. 2016). · cites it 2× “15 28 U.S.C. § 331 . 16 See id. § 332. 17 See Barapind, 400 F.”

In Re: Queen's Univ. at Kingston, 820 F.3d 1287 (Fed. Cir. 2016). · cites it 2× “” 28 U.S.C. § 331 . The Judicial Conference is charged with recommend- ing to the Supreme Court any changes in federal court procedures that it deems “desirable to promote simplicity in procedure, fairness in administration, the just deter- mination of litigation, and the…”

Lee A. Rand v. James Rowland Nadim Khoury, M.D., William Bunnell Roy Lee Johnson Leo R. Estes, 154 F.3d 952 (9th Cir. 1998). “The Supreme Court has protected against issuance of rules by federal courts outside their statutory authority, in order to assure *966 “exacting observance of the statutory procedures”: The problem then is one which peculiarly calls for exacting observance of the statutory…”

Pacemaker Diagnostic Clinic of Am., Inc., a Corp., Plaintiff- Cross-Appellee v. Instromedix, Inc., a Corp., Cross-Appellant, 725 F.2d 537 (9th Cir. 1984). · cites it 2× “The Judicial Conference of the United States, composed exclusively of Article III judges, see 28 U.S.C. § 331 (1976), determines the number of magistrate positions for each district, 28 U.”

Hollingsworth v. Perry, 558 U.S. 183 (2010). “See 28 U. S. C. §§331–332. And those bodies have adequate authority to resolve disagreements about how to promulgate and apply local rules, and, particularly, about the use of cameras in the courtroom.”

Charles Mack v. John Yost, 63 F.4th 211 (3rd Cir. 2023). “3d 157 , 7 The District Court had jurisdiction under 28 U.S.C. § 331 . We have appellate jurisdiction pursuant to 28 U.”

The Honorable Alcee L. Hastings, U.S. Dist. Judge v. Jud. Conf. of the United States, 770 F.2d 1093 (D.C. Cir. 1985). · cites it 2× “The investigation was initiated pursuant to the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980, 28 U.S.C. §§ 331 , 332, 372(c), 604 (1982) [hereinafter, “the Act”].”

United States v. Bogle, 689 F. Supp. 1121 (S.D. Fla. 1988). · cites it 4× “" 28 U.S.C. § 331 . It may not be maintained that the requirement placed upon the Judicial Conference by the Act is merely a convenient mechanism for choosing independent commissioners for the Commission.”

Dunn v. Dunn, 219 F. Supp. 3d 1100 (M.D. Ala. 2016). “Jurisdiction is proper under 28 U.S.C. § 331 (federal question) and § 1343 (civil rights).”

Alcee L. Hastings, Honorable U.S. Dist. Judge, U.S. Dist. Court for the S. Dist. of Florida v. Jud. Conf. of the U.S., 829 F.2d 91 (D.C. Cir. 1987). · cites it 2× “28 U.S.C. §§ 331 , 332, 372(c), 604 (1982).”

Show all 93 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.