U.S. Code » Title 28 » Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 35— UNITED STATES ATTORNEYS

28 U.S.C. § 545

Residence

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(a) Each United States attorney shall reside in the district for which he is appointed, except that these officers of the District of Columbia, the Southern District of New York, and the Eastern District of New York may reside within 20 miles thereof. Each assistant United States attorney shall reside in the district for which he or she is appointed or within 25 miles thereof. The provisions of this subsection shall not apply to any United States attorney or assistant United States attorney appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district. Pursuant to an order from the Attorney General or his designee, a United States attorney or an assistant United States attorney may be assigned dual or additional responsibilities that exempt such officer from the residency requirement in this subsection for a specific period as established by the order and subject to renewal.(b) The Attorney General may determine the official stations of United States attorneys and assistant United States attorneys within the districts for which they are appointed.(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 618; amended Pub. L. 95–530, § 1, Oct. 27, 1978, 92 Stat. 2028; Pub. L. 96–91, Oct. 25, 1979, 93 Stat. 700; Pub. L. 103–322, title XXXII, § 320932, Sept. 13, 1994, 108 Stat. 2135; Pub. L. 109–177, title V, § 501(a), Mar. 9, 2006, 120 Stat. 246.)

Historical and Revision Notes

1966 Act

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

28 U.S.C. 505.

[None].

In subsection (a), the word “shall” is substituted for “must”. The word “thereof” is substituted for “of the District”.

1948 Act

Prior section 505.—Based on title 28, U.S.C., 1940 ed., § 524 (June 20, 1874, ch. 328, § 2, 18 Stat. 109; May 28, 1896, ch. 252, §§ 8, 12, 29 Stat. 181, 183; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 14, 1941, ch. 203, §§ 1, 2, 55 Stat. 251).

The provisions of section 524 of title 28, U.S.C., 1940 ed., that the United States attorney shall give his personal attention to the duties of his office and declaring the office of United States attorney vacant upon his removal from his district or neglect of duty, were omitted as unnecessary and inconsistent with section 507(b) [now 519] of this title, charging the Attorney General with the duty of supervising the United States attorneys in the performance of their duties.

The provision permitting the United States attorney and his assistants to reside within twenty miles of the District of Columbia was added because of the relatively small and congested area of the District, as a result of which few Federal officers are appointed from the District or reside therein. Also the residence requirement of this section has no relation to domicile or voting residence nor does it affect the citizenship or residence status of District of Columbia officeholders in the several States from which appointed.

Only citizens of Hawaii resident therein at least 3 years preceding appointment may be appointed as United States Attorneys for the district of Hawaii. See section 501 [now 541] of this title.

Other provisions of section 524 of title 28, U.S.C., 1940 ed., were incorporated in sections 541 [see 561] and 751 of this title.

Changes were made in phraseology.

Editorial NotesPrior Provisions

A prior section 545, act June 25, 1948, ch. 646, 62 Stat. 911, related to vacancies in the office of the United States Marshal, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 565 of this title by section 4(c) of Pub. L. 89–554.

Amendments

2006—Subsec. (a). Pub. L. 109–177 inserted at end “Pursuant to an order from the Attorney General or his designee, a United States attorney or an assistant United States attorney may be assigned dual or additional responsibilities that exempt such officer from the residency requirement in this subsection for a specific period as established by the order and subject to renewal.”

1994—Subsec. (a). Pub. L. 103–322 struck out “and assistant United States attorney” after “Each United States attorney” and inserted after first sentence “Each assistant United States attorney shall reside in the district for which he or she is appointed or within 25 miles thereof.”

1979—Subsec. (a). Pub. L. 96–91 inserted provisions authorizing the United States attorney and the assistant United States attorneys for the Eastern District of New York to reside outside the district but within 20 miles thereof.

1978—Subsec. (a). Pub. L. 95–530 inserted provision that this subsection not apply to any United States attorney or assistant United States attorney appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district.

Statutory Notes and Related SubsidiariesEffective Date of 2006 Amendment

Pub. L. 109–177, title V, § 501(b), Mar. 9, 2006, 120 Stat. 246, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of February 1, 2005.”

Notes of Decisions
Cited in 15 cases, 1967–2012 · leading case: Marilyn A. Bobula v. United States Department of Justice
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Marilyn A. Bobula v. United States Department of Justice (1992) cafc · cites it 4× “Nearly five years after this reassignment was effectuated, the DOJ transferred Bo-bula from the United States Attorney’s Office for the Northern District of Ohio in Cleveland to its satellite office in Akron, Ohio, pursuant to 28 U.S.C. § 545 (1988). The later transfer forms the…”
Robert M. Levine v. United States (2000) ca7 · cites it 5× “DISCUSSION Levine argues that he is entitled to relief from his conviction because the prosecuting AUSA resided outside of the Northern District of Indiana at the time of his trial in violation of 28 U.S.C. § 545 (a) (1991), thus depriving the trial court of jurisdiction over…”
Hobson v. Hansen (1967) dcd · cites it 2× “[15] The above mentioned officials, appointed by the courts as prescribed by Congress, may be thought to be concerned with the administration of justice.”
United States v. Sixty-One Thousand Nine Hundred Dollars & No Cents ($61,900.00) (2012) nyed “Indeed, even Congress and the Department of Justice have recognized the unique permeability of these adjoining districts by permitting judges and U.”
New Leadership Committee v. Davidson (1998) nyed “See 28 U.S.C. § 545 (a) (U.S.Attorneys); 28 U.”
United States v. London (1976) mdd “V Finally, defendants question this court’s jurisdiction based on 28 U.S.C. § 545 (a) (1968) which provides in pertinent part: “[e]aeh United States attorney and assistant United States attorney shall reside in the district for which he is appointed .”
United States v. Lieber (1979) nyed “28 U.S.C. § 545 . Here, the defendants recognized the limited extent of the United States Attorney’s authority, but were led to believe that he had the authority to enter into the agreement.”
United States v. Sotomayor Vazquez (1999) prd “§ 542 ; establish the physical location of United States Attorney’s offices, see 28 U.S.C. § 545 (b); determine the salaries of United States Attorneys, see 28 U.”
United States v. Boulier (1972) nyed “9 The authority of the United States Attorney to prosecute is clearly limited “within his district” under 28 U.S.C. § 545 . The authority of the United States Attorney should not be expanded beyond the limits fixed by statute and practice.”
United States v. Theodore S. Forman (1995) ca6 “The United States Attorney and the Assistant United States Attorneys must, with minor exceptions, reside in the district to which they are appointed, 28 U.S.C. § 545 , and their authority pertains to the district to which they are appointed.”
United States v. Hart-Williams (1997) nyed “700 (codified as amended at 28 U.S.C. § 545 (a) (1994)). On the second occasion, it extended the same residency exception to United States judges appointed to the Eastern and Southern Districts.”
Levine v. United States (1998) innd “Levine seeks relief on the ground that the AUSA who handled the trial of his case did not live in the Northern District of Indiana.”
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