Assignment of judges to division to appoint independent counsels

28 U.S.C. § 49

• Title: 28 — Judiciary and Judicial Procedure
• Chapter: 3 — COURTS OF APPEALS

Text

(a) Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.
(b) Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.
(c) In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices.
(d) The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court.
(e) Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.
(f) Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such independent counsel while such independent counsel is serving in that office or which involves the exercise of such independent counsel's official duties, regardless of whether such independent counsel is still serving in that office.

History

(Added Pub. L. 95–521, title VI, §602(a), Oct. 26, 1978, 92 Stat. 1873; amended Pub. L. 97–409, §2(b)(1), Jan. 3, 1983, 96 Stat. 2039; Pub. L. 99–554, title I, §144(g)(3), Oct. 27, 1986, 100 Stat. 3097; Pub. L. 100–191, §§4, 5(a), Dec. 15, 1987, 101 Stat. 1307.)

Editorial Notes

Editorial Notes

References in Text
The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978.

Amendments
1987—Subsec. (a). Pub. L. 100–191, §4, inserted at end: "The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court."
Subsec. (f). Pub. L. 100–191, §5(a), substituted "involving an independent counsel" for "involving a independent counsel".
1986—Subsec. (f). Pub. L. 99–554 substituted "chapter 40" for "chapter 39" in two places.
1983—Pub. L. 97–409, §2(b)(1)(B), substituted "independent counsels" for "special prosecutors" in section catchline.
Subsec. (a). Pub. L. 97–409, §2(b)(1)(B), substituted "independent counsels" for "special prosecutors".
Subsec. (f). Pub. L. 97–409, §2(b)(1)(A), (C), substituted "independent counsel" for "special prosecutor" wherever appearing and "independent counsel's" for "special prosecutor's".

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment
Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.

Effective Date
Section effective Oct. 26, 1978, see section 604 of Pub. L. 95–521, set out as a note under section 591 of this title.

Historical and Revision Notes
Sections 81–131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945. All references to dates were omitted as unnecessary.
All references to fixed terms of holding court were also omitted in order to vest in each district court a wider discretion and greater flexibility in the disposition of its business. Such times will now be determined by rule of court rather than by statute. See sections 138 and 141 of this title.

Editorial Notes

Amendments
1982—Pub. L. 97–164, title I, §115(c)(3), Apr. 2, 1982, 96 Stat. 32, struck out item 142 "Accommodations at places for holding court".
1963—Pub. L. 88–139, §3(a), Oct. 16, 1963, 77 Stat. 248, substituted "Terms abolished" for "Times for holding regular terms" in item 138, "Times for holding regular sessions" for "Term continued until terminated" in item 139, and "sessions" for "terms" in item 141.
1958—Pub. L. 85–508, §12(a), July 7, 1958, 72 Stat. 348, added item 81A.

Statutory Notes and Related Subsidiaries

Short Title of 1978 Amendment
For short title of Pub. L. 95–408, Oct. 2, 1978, 92 Stat. 883, as "Federal District Court Organization Act of 1978", see note set out under section 1 of this title.

Pro Bono Work To Empower and Represent Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
Pub. L. 115–237, Sept. 4, 2018, 132 Stat. 2447, as amended by Pub. L. 117–252, §2, Dec. 20, 2022, 136 Stat. 2359, provided that:
"This Act may be cited as the 'Pro bono Work to Empower and Represent Act of 2018' or the 'POWER Act'.
"Congress finds the following:
"(1) Extremely high rates of domestic violence, dating violence, sexual assault, and stalking exist at the local, State, tribal, and national levels and such violence or behavior harms the most vulnerable members of our society.
"(2) According to a study commissioned by the Department of Justice, nearly 25 percent of women suffer from domestic violence during their lifetime.
"(3) Proactive efforts should be made available in all forums to provide pro bono legal services and eliminate the violence that destroys lives and shatters families.
"(4) A variety of factors cause domestic violence, dating violence, sexual assault, and stalking, and a variety of solutions at the local, State, and national levels are necessary to combat such violence or behavior.
"(5) According to the National Network to End Domestic Violence, which conducted a census including almost 1,700 assistance programs, over the course of 1 day in September 2014, more than 10,000 requests for services, including legal representation, were not met.
"(6) Pro bono assistance can help fill this need by providing not only legal representation, but also access to emergency shelter, transportation, and childcare.
"(7) Research and studies have demonstrated that the provision of legal assistance to victims of domestic violence, dating violence, sexual assault, and stalking reduces the probability of such violence or behavior reoccurring in the future and can help survivors move forward.
"(8) Legal representation increases the possibility of successfully obtaining a protective order against an attacker, which prevents further mental and physical injury to a victim and his or her family, as demonstrated by a study that found that 83 percent of victims represented by an attorney were able to obtain a protective order, whereas only 32 percent of victims without an attorney were able to do so.
"(9) The American Bar Association Model Rules include commentary stating that 'every lawyer, regardless of professional prominence or professional workload, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer'.
"(10) As leaders in their legal communities, judges in district courts should encourage lawyers to provide pro bono resources in an effort to help victims of such violence or behavior escape the cycle of abuse.
"(11) A dedicated army of pro bono attorneys focused on this mission will inspire others to devote efforts to this cause and will raise awareness of the scourge of domestic violence, dating violence, sexual assault, and stalking throughout the country.
"(12) Communities, by providing awareness of pro bono legal services and assistance to survivors of domestic violence, dating violence, sexual assault, and stalking, will empower those survivors to move forward with their lives.
"(a) In General.—Not later than 1 year after the date of the enactment of this Act [Sept. 4, 2018], and annually thereafter, the chief judge, or his or her designee, for each judicial district shall lead not less than one public event, in partnership with a State, local, tribal, or territorial domestic violence service provider or coalition and a State or local volunteer lawyer project, promoting pro bono legal services as a critical way in which to empower survivors of domestic violence, dating violence, sexual assault, and stalking and engage citizens in assisting those survivors.
"(b) Districts Containing Indian Tribes and Tribal Organizations.—During each 2-year period, the chief judge, or his or her designee, for a judicial district that contains an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) shall lead not less than one public event promoting pro bono legal services under subsection (a) of this section in partnership with an Indian tribe or tribal organization with the intent of increasing the provision of pro bono legal services for Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, and stalking.
"(c) Requirements.—Each chief judge shall—
"(1) have discretion as to the design, organization, and implementation of the public events required under subsection (a); and
"(2) in conducting a public event under subsection (a), seek to maximize the local impact of the event and the provision of access to high quality pro bono legal services by survivors of domestic violence, dating violence, sexual assault, and stalking.
"(a) Report to the Director of the Administrative Office of the United States Courts.—Not later than October 30 of each year, each chief judge shall submit to the Director of the Administrative Office of the United States Courts a report detailing each public event conducted under section 3 during the previous fiscal year.
"(b)Report to Congress.—
"(1) In general.—Not later than January 1 of each year, the Director of the Administrative Office of the United States Courts shall submit to Congress a compilation and summary of each report received under subsection (a) for the previous fiscal year.
"(2) Requirement.—Each comprehensive report submitted under paragraph (1) shall include an analysis of how each public event meets the goals set forth in this Act as well as suggestions on how to improve future public events.
"The Administrative Office of the United States Courts shall use existing funds to carry out the requirements of this Act."