Federal · Title 28 — Judiciary and Judicial Procedure

28 U.S.C. § 44: Appointment, tenure, residence and salary of circuit judges

Read the full statutory text
The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows: Circuits Number of Judges District of Columbia 11 First 6 Second 13 Third 14 Fourth 15 Fifth 17 Sixth 16 Seventh 11 Eighth 11 Ninth 29 Tenth 12 Eleventh 12 Federal 12. Circuit judges shall hold office during good behavior. Except in the District of Columbia, each circuit judge shall be a resident of the circuit for which appointed at the time of his appointment and thereafter while in active service. While in active service, each circuit judge of the Federal judicial circuit appointed after the effective date of the Federal Courts Improvement Act of 1982, and the chief judge of the Federal judicial circuit, whenever appointed, shall reside within fifty miles of the District of Columbia. In each circuit (other than the Federal judicial circuit) there shall be at least one circuit judge in regular active service appointed from the residents of each state 1 in that circuit. 1 So in original. Probably should be capitalized. Each circuit judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 ( 2 U.S.C. 351–361 ), as adjusted by section 461 of this title . takes notice of the fact that the quality of the Federal judiciary is determined by the competence and experience of its judges; and suggests that the President, in nominating individuals to judgeships on the United States Court of Appeals for the Federal Circuit and the United States Claims Court [now United States Court of Federal Claims], select from a broad range of qualified individuals.” Subject to the provisions of paragraph (2), the President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the first circuit court of appeals, two additional circuit judges for the second circuit court of appeals, two additional circuit judges for the third circuit court of appeals, one additional circuit judge for the fourth circuit court of appeals, two additional circuit judges for the fifth circuit court of appeals, four additional circuit judges for the sixth circuit court of appeals, two additional circuit judges for the seventh circuit court of appeals, one additional circuit judge for the eighth circuit court of appeals, five additional circuit judges for the ninth circuit court of appeals, two additional circuit judges for the tenth circuit court of appeals, and one additional circuit judge for the District of Columbia circuit court of appeals. The President shall appoint, by and with the advice and consent of the Senate, no more than 11 of such judges prior to January 21, 1985 .” 2 additional circuit judges for the third circuit court of appeals; 4 additional circuit judges for the fourth circuit court of appeals; 1 additional circuit judge for the fifth circuit court of appeals; 1 additional circuit judge for the sixth circuit court of appeals; 1 additional circuit judge for the eighth circuit court of appeals; and 2 additional circuit judges for the tenth circuit court of appeals.”

Verify at the official source: Federal legislative text

Facing this? Know exactly what happens next.

MOFRD turns this code section into your situation: the deadlines that apply to you, the forms your county uses, and the resolution paths people in your position actually take. Free for 3 days — no card required.

This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.