28 U.S.C. § 133: Appointment and number of district judges

The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows: Districts Judges Alabama: Northern 8 Middle 3 Southern 3 Alaska 3 Arizona 13 Arkansas: Eastern 5 Western 3 California: Northern 14 Eastern 6 Central 28 Southern 13 Colorado 7 Connecticut 8 Delaware 4 District of Columbia 15 Florida: Northern 4 Middle 15 Southern 18 Georgia: Northern 11 Middle 4 Southern 3 Hawaii 4 Idaho 2 Illinois: Northern 22 Central 4 Southern 4 Indiana: Northern 5 Southern 5 Iowa: Northern 2 Southern 3 Kansas 6 Kentucky: Eastern 5 Western 4 Eastern and Western 1 Louisiana: Eastern 12 Middle 3 Western 7 Maine 3 Maryland 10 Massachusetts 13 Michigan: Eastern 15 Western 4 Minnesota 7 Mississippi: Northern 3 Southern 6 Missouri: Eastern 7 Western 5 Eastern and Western 2 Montana 3 Nebraska 3 Nevada 7 New Hampshire 3 New Jersey 17 New Mexico 7 New York: Northern 5 Southern 28 Eastern 15 Western 4 North Carolina: Eastern 4 Middle 4 Western 5 North Dakota 2 Ohio: Northern 11 Southern 8 Oklahoma: Northern 3 Eastern 1 Western 6 Northern, Eastern, and Western 1 Oregon 6 Pennsylvania: Eastern 22 Middle 6 Western 10 Puerto Rico 7 Rhode Island 3 South Carolina 10 South Dakota 3 Tennessee: Eastern 5 Middle 4 Western 5 Texas: Northern 12 Southern 19 Eastern 8 Western 13 Utah 5 Vermont 2 Virginia: Eastern 11 Western 4 Washington: Eastern 4 Western 7 West Virginia: Northern 3 Southern 5 Wisconsin: Eastern 5 Western 2 Wyoming 3. In any case in which a judge of the United States (other than a senior judge) assumes the duties of a full-time office of Federal judicial administration, the President shall appoint, by and with the advice and consent of the Senate, an additional judge for the court on which such judge serves. If the judge who assumes the duties of such full-time office leaves that office and resumes the duties as an active judge of the court, then the President shall not appoint a judge to fill the first vacancy which occurs thereafter in that court. For purposes of paragraph (1), the term “office of Federal judicial administration” means a position as Director of the Federal Judicial Center, Director of the Administrative Office of the United States Courts, or Counselor to the Chief Justice. the date on which the first vacancy in the office of district judge occurs in such district; or July 15, 2003 .” The first section and section 2 of this Act [amending this section and enacting provisions set out as notes under this section] shall take effect immediately upon the President’s promulgation and publication of standards and guidelines for the selection, on the basis of merit, of nominees for United States district court judgeships authorized by this Act [amending this section, sections 44, 46, 1337, and 1445 of this title, and section 5108 of Title 5 , Government Organization and Employees, enacting provisions set out as notes under this section and sections 41 and 44 of this title, and amending provisions set out as a note under section 45 of this title ]. The President may waive such standards and guidelines with respect to any nomination by notifying the Senate of the reasons for such waiver. Following the promulgation and publication of such standards and guidelines, no nomination or appointment to a United States district court judgeship may be invalidated on the basis of the President’s failure to comply with this section or with any standards or guidelines promulgated under this section. This Act, other than the first section and section 2 [amending this section and enacting provisions set out as notes under this section] shall take effect on the date of enactment of this Act [ Oct. 20, 1978 ].” 5 additional district judges for the southern district of California; 1 additional district judge for the western district of North Carolina; and 2 additional district judges for the western district of Texas.” 1 additional district judge for the northern district of Alabama; 1 additional judge for the district of Arizona; 1 additional judge for the central district of California; 1 additional judge for the southern district of Florida; 1 additional district judge for the district of New Mexico; 1 additional district judge for the western district of North Carolina; and 1 additional district judge for the eastern district of Texas. The first vacancy in the office of district judge in each of the offices of district judge authorized by this subsection, except in the case of the central district of California and the western district of North Carolina, occurring 22 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in the applicable district by this subsection, shall not be filled. The first vacancy in the office of district judge in the central district of California occurring 21 years and 6 months or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of North Carolina occurring 20 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled. This subsection shall take effect on July 15, 2003 .” 1 additional district judge for the district of Arizona; 1 additional district judge for the southern district of Florida; 1 additional district judge for the eastern district of Kentucky; 1 additional district judge for the district of Nevada; 1 additional district judge for the district of New Mexico; 1 additional district judge for the district of South Carolina; 1 additional district judge for the southern district of Texas; 1 additional district judge for the western district of Texas; 1 additional district judge for the eastern district of Virginia; and 1 additional district judge for the eastern district of Wisconsin.” three additional district judges for the district of Arizona; four additional district judges for the middle district of Florida; and two additional district judges for the district of Nevada.” 1 additional district judge for the western district of Arkansas; 2 additional district judges for the northern district of California; 5 additional district judges for the central district of California; 1 additional district judge for the southern district of California; 2 additional district judges for the district of Connecticut; 2 additional district judges for the middle district of Florida; 1 additional district judge for the northern district of Florida; 1 additional district judge for the southern district of Florida; 1 additional district judge for the middle district of Georgia; 1 additional district judge for the northern district of Illinois; 1 additional district judge for the southern district of Iowa; 1 additional district judge for the western district of Louisiana; 1 additional district judge for the district of Maine; 1 additional district judge for the district of Massachusetts; 1 additional district judge for the southern district of Mississippi; 1 additional district judge for the eastern district of Missouri; 1 additional district judge for the district of New Hampshire; 3 additional district judges for the district of New Jersey; 1 additional district judge for the district of New Mexico; 1 additional district judge for the southern district of New York; 3 additional district judges for the eastern district of New York; 1 additional district judge for the middle district of North Carolina; 1 additional district judge for the southern district of Ohio; 1 additional district judge for the northern district of Oklahoma; 1 additional district judge for the western district of Oklahoma; 1 additional district judge for the district of Oregon; 3 additional district judges for the eastern district of Pennsylvania; 1 additional district judge for the middle district of Pennsylvania; 1 additional district judge for the district of South Carolina; 1 additional district judge for the eastern district of Tennessee; 1 additional district judge for the western district of Tennessee; 1 additional district judge for the middle district of Tennessee; 2 additional district judges for the northern district of Texas; 1 additional district judge for the eastern district of Texas; 5 additional district judges for the southern district of Texas; 3 additional district judges for the western district of Texas; 1 additional district judge for the district of Utah; 1 additional district judge for the eastern district of Washington; 1 additional district judge for the northern district of West Virginia; 1 additional district judge for the southern district of West Virginia; and 1 additional district judge for the district of Wyoming. The existing district judgeships for the western district of Arkansas, the northern district of Illinois, the northern district of Indiana, the district of Massachusetts, the western district of New York, the eastern district of North Carolina, the northern district of Ohio, and the western district of Washington authorized by section 202(b) of the Bankruptcy Amendments and Federal Judgeship Act of 1984 ( Public Law 98–353 , 98 Stat. 347–348 ) [set out below] shall, as of the effective date of this title [ Dec. 1, 1990 ], be authorized under section 133 of title 28 , United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28 , United States Code, as amended by this title. The existing 2 district judgeships for the eastern and western districts of Arkansas (provided by section 133 of title 28 , United States Code, as in effect on the day before the effective date of this title) shall be district judgeships for the eastern district of Arkansas only, and the incumbents of such judgeships shall hold the offices under section 133 of title 28 , United States Code, as amended by this title. The existing district judgeship for the northern and southern districts of Iowa (provided by section 133 of title 28 , United States Code, as in effect on the day before the effective date of this title) shall be a district judgeship for the northern district of Iowa only, and the incumbent of such judgeship shall hold the office under section 133 of title 28 , United States Code, as amended by this title. The existing district judgeship for the northern, eastern, and western districts of Oklahoma (provided by section 133 of title 28 , United States Code, as in effect on the day before the effective date of this title) and the occupant of which has his or her official duty station at Oklahoma City on the date of the enactment of this title [ Dec. 1, 1990 ], shall be a district judgeship for the western district of Oklahoma only, and the incumbent of such judgeship shall hold the office under section 133 of title 28 , United States Code, as amended by this title. 1 additional district judge for the eastern district of California; 1 additional district judge for the district of Hawaii; 1 additional district judge for the central district of Illinois; 1 additional district judge for the southern district of Illinois; 1 additional district judge for the district of Kansas; 1 additional district judge for the western district of Michigan; 1 additional district judge for the eastern district of Missouri; 1 additional district judge for the district of Nebraska; 1 additional district judge for the northern district of New York; 1 additional district judge for the northern district of Ohio; 1 additional district judge for the eastern district of Pennsylvania; and 1 additional district judge for the eastern district of Virginia. Subject to the provisions of subsection (c), the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Alabama, one additional district judge for the district of Alaska, five additional district judges for the central district of California, one additional district judge for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the district of Delaware, three additional district judges for the southern district of Florida, one additional district judge for the middle district of Georgia, one additional district judge for the district of Hawaii, four additional district judges for the northern district of Illinois, one additional district judge for the southern district of Illinois, one additional district judge for the western district of Kentucky, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the district of Massachusetts, two additional district judges for the eastern district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Mississippi, two additional district judges for the southern district of Mississippi, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Montana, one additional district judge for the district of Nevada, three additional district judges for the district of New Jersey, one additional district judge for the northern district of New York, two additional district judges for the eastern district of New York, one additional district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the district of Rhode Island, one additional district judge for the eastern district of Tennessee, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, two additional district judges for the eastern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of Utah, one additional district judge for the eastern district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, and one additional district judge for the district of Wyoming. Subject to the provisions of subsection (c) the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the western district of Arkansas, one additional district judge for the northern district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the district of Massachusetts, one additional district judge for the western district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the northern district of Ohio, and one additional district judge for the western district of Washington. The first vacancy in each of the offices of district judge authorized by this subsection, occurring five years or more after the effective date of this Act [probably means July 10, 1984 ], shall not be filled. For the judgeships created in subsections (a) and (b), the President shall appoint, by and with the advice and consent of the Senate, no more than twenty-nine of such judges prior to January 21, 1985 . The existing district judgeship for the district of Minnesota and the existing district judgeship for the northern district of Ohio, heretofore authorized by section 2 of the Act of October 20, 1978 ( Public Law 95–486 , 92 Stat. 1631 ) [set out below], shall, as of the effective date of this Act [probably means July 10, 1984 ], be authorized under section 133 of title 28 , United States Code, and the incumbents of those offices shall henceforth hold their offices under section 133, as amended by this Act.” The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled. The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled.” The existing district judgeship for the Southern District of West Virginia, authorized by section 2 of the Act entitled ‘An Act to provide for the appointment of additional district and circuit judges and for other purposes’, approved October 20, 1978 [ Pub. L. 95–486 ] ( 92 Stat. 1632 ; 28 U.S.C. 133 note), shall, as of the date of enactment of this Act [ Jan. 14, 1983 ], be authorized under section 133 of title 28 of the United States Code as a district judgeship for the Northern District of West Virginia, and the incumbent of that office shall henceforth hold office under section 133, as amended by this Act. The existing district judgeship for the Northern and Southern Districts of West Virginia shall be authorized as the district judgeship for the Southern District.” takes notice of the fact that only 1 percent of Federal judges are women and only 4 percent are blacks; and suggests that the President, in selecting individuals for nomination to the Federal judgeships created by this Act [for classification see Effective Date of 1978 Amendment note above], give due consideration to qualified individuals regardless of race, color, sex, religion, or national origin.”