(a)(1) Each bankruptcy judge to be appointed for a judicial district, as provided in paragraph (2), shall be appointed by the court of appeals of the United States for the circuit in which such district is located. Such appointments shall be made after considering the recommendations of the Judicial Conference submitted pursuant to subsection (b). Each bankruptcy judge shall be appointed for a term of fourteen years, subject to the provisions of subsection (e). However, upon the expiration of the term, a bankruptcy judge may, with the approval of the judicial council of the circuit, continue to perform the duties of the office until the earlier of the date which is 180 days after the expiration of the term or the date of the appointment of a successor. Bankruptcy judges shall serve as judicial officers of the United States district court established under Article III of the Constitution.
(2) The bankruptcy judges appointed pursuant to this section shall be appointed for the several judicial districts as follows:
| Districts | Judges |
|---|---|
| Alabama: | |
| Northern | 5 |
| Middle | 2 |
| Southern | 2 |
| Alaska | 2 |
| Arizona | 7 |
| Arkansas: | |
| Eastern and Western | 3 |
| California: | |
| Northern | 9 |
| Eastern | 6 |
| Central | 21 |
| Southern | 4 |
| Colorado | 5 |
| Connecticut | 3 |
| Delaware | 1 |
| District of Columbia | 1 |
| Florida: | |
| Northern | 1 |
| Middle | 8 |
| Southern | 5 |
| Georgia: | |
| Northern | 8 |
| Middle | 3 |
| Southern | 2 |
| Hawaii | 1 |
| Idaho | 2 |
| Illinois: | |
| Northern | 10 |
| Central | 3 |
| Southern | 1 |
| Indiana: | |
| Northern | 3 |
| Southern | 4 |
| Iowa: | |
| Northern | 2 |
| Southern | 2 |
| Kansas | 4 |
| Kentucky: | |
| Eastern | 2 |
| Western | 3 |
| Louisiana: | |
| Eastern | 2 |
| Middle | 1 |
| Western | 3 |
| Maine | 2 |
| Maryland | 4 |
| Massachusetts | 5 |
| Michigan: | |
| Eastern | 4 |
| Western | 3 |
| Minnesota | 4 |
| Mississippi: | |
| Northern | 1 |
| Southern | 2 |
| Missouri: | |
| Eastern | 3 |
| Western | 3 |
| Montana | 1 |
| Nebraska | 2 |
| Nevada | 3 |
| New Hampshire | 1 |
| New Jersey | 8 |
| New Mexico | 2 |
| New York: | |
| Northern | 2 |
| Southern | 9 |
| Eastern | 6 |
| Western | 3 |
| North Carolina: | |
| Eastern | 2 |
| Middle | 2 |
| Western | 2 |
| North Dakota | 1 |
| Ohio: | |
| Northern | 8 |
| Southern | 7 |
| Oklahoma: | |
| Northern | 2 |
| Eastern | 1 |
| Western | 3 |
| Oregon | 5 |
| Pennsylvania: | |
| Eastern | 5 |
| Middle | 2 |
| Western | 4 |
| Puerto Rico | 2 |
| Rhode Island | 1 |
| South Carolina | 2 |
| South Dakota | 2 |
| Tennessee: | |
| Eastern | 3 |
| Middle | 3 |
| Western | 4 |
| Texas: | |
| Northern | 6 |
| Eastern | 2 |
| Southern | 6 |
| Western | 4 |
| Utah | 3 |
| Vermont | 1 |
| Virginia: | |
| Eastern | 5 |
| Western | 3 |
| Washington: | |
| Eastern | 2 |
| Western | 5 |
| West Virginia: | |
| Northern | 1 |
| Southern | 1 |
| Wisconsin: | |
| Eastern | 4 |
| Western | 2 |
| Wyoming | 1. |
(3) Whenever a majority of the judges of any court of appeals cannot agree upon the appointment of a bankruptcy judge, the chief judge of such court shall make such appointment.
(4) The judges of the district courts for the territories shall serve as the bankruptcy judges for such courts. The United States court of appeals for the circuit within which such a territorial district court is located may appoint bankruptcy judges under this chapter for such district if authorized to do so by the Congress of the United States under this section.
(b)(1) The Judicial Conference of the United States shall, from time to time, and after considering the recommendations submitted by the Director of the Administrative Office of the United States Courts after such Director has consulted with the judicial council of the circuit involved, determine the official duty stations of bankruptcy judges and places of holding court.
(2) The Judicial Conference shall, from time to time, submit recommendations to the Congress regarding the number of bankruptcy judges needed and the districts in which such judges are needed.
(3) Not later than December 31, 1994, and not later than the end of each 2-year period thereafter, the Judicial Conference of the United States shall conduct a comprehensive review of all judicial districts to assess the continuing need for the bankruptcy judges authorized by this section, and shall report to the Congress its findings and any recommendations for the elimination of any authorized position which can be eliminated when a vacancy exists by reason of resignation, retirement, removal, or death.
(c)(1) Each bankruptcy judge may hold court at such places within the judicial district, in addition to the official duty station of such judge, as the business of the court may require.
(2)(A) Bankruptcy judges may hold court at such places within the United States outside the judicial district as the nature of the business of the court may require, and upon such notice as the court orders, upon a finding by either the chief judge of the bankruptcy court (or, if the chief judge is unavailable, the most senior available bankruptcy judge) or by the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where the bankruptcy judges could hold court.
(B) Bankruptcy judges may transact any business at special sessions of court held outside the district pursuant to this paragraph that might be transacted at a regular session.
(C) If a bankruptcy court issues an order exercising its authority under subparagraph (A), the court-
(i) through the Administrative Office of the United States Courts, shall-
(I) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and
(II) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including-
(aa) the reasons for the issuance of such order;
(bb) the duration of such order;
(cc) the impact of such order on litigants; and
(dd) the costs to the judiciary resulting from such order; and
(ii) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.
(d) With the approval of the Judicial Conference and of each of the judicial councils involved, a bankruptcy judge may be designated to serve in any district adjacent to or near the district for which such bankruptcy judge was appointed.
(e) A bankruptcy judge may be removed during the term for which such bankruptcy judge is appointed, only for incompetence, misconduct, neglect of duty, or physical or mental disability and only by the judicial council of the circuit in which the judge's official duty station is located. Removal may not occur unless a majority of all of the judges of such council concur in the order of removal. Before any order of removal may be entered, a full specification of charges shall be furnished to such bankruptcy judge who shall be accorded an opportunity to be heard on such charges.
(Added
2005-Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
1992-Subsec. (a)(2).
Subsec. (b)(3).
1990-Subsec. (a)(1).
1988-Subsec. (a)(2).
1986-Subsec. (a)(2).
Amendment by
"(a)
"(1)
"(A) The district of Delaware.
"(B) The southern district of Florida.
"(C) The district of Maryland.
"(D) The eastern district of Michigan.
"(E) The district of Nevada.
"(F) The eastern district of North Carolina.
"(G) The district of Puerto Rico.
"(H) The eastern district of Virginia.
"(2)
"(A)
"(i) occurring more than 5 years after the date of the enactment of this Act [Oct. 26, 2017]; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B)
"(i) occurring 5 years or more after the date of the enactment of this Act; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(C)
"(i) The 1st vacancy in the office of a bankruptcy judge for the district of Maryland-
"(I) occurring more than 5 years after the date of the enactment of this Act; and
"(II) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(ii) The 2d and 3d vacancies in the office of a bankruptcy judge for the district of Maryland resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
"(D)
"(i) occurring more than 5 years after the date of the enactment of this Act; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3)
"(b)
"(1)
"(2)
"(A)
"(i) occurring more than 5 years after the date of the enactment of this Act [Oct. 26, 2017]; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B)
"(i) occurring more than 5 years after the date of the enactment of this Act; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3)
"(a)
"(1) Two additional bankruptcy judges for the district of Delaware.
"(2) One additional bankruptcy judge for the middle district of Florida.
"(3) One additional bankruptcy judge for the eastern district of Michigan.
"(b)
"(1)
"(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(1) to such office; and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(2)
"(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(2) to such office; and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3)
"(A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a)(3) to such office; and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled."
"(a)
"(1)
"(A) The central district of California.
"(B) The eastern district of California.
"(C) The district of Delaware.
"(D) The southern district of Florida.
"(E) The southern district of Georgia.
"(F) The district of Maryland.
"(G) The eastern district of Michigan.
"(H) The district of New Jersey.
"(I) The northern district of New York.
"(J) The eastern district of North Carolina.
"(K) The eastern district of Pennsylvania.
"(L) The middle district of Pennsylvania.
"(M) The district of Puerto Rico.
"(N) The district of South Carolina.
"(O) The western district of Tennessee.
"(P) The eastern district of Virginia.
"(Q) The district of Nevada.
"(2)
"(A)
"(i) occurring more than 5 years after the date of the enactment of this Act [May 25, 2012], and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B)
"(i) occurring 5 years or more after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(C)
"(i) in the case of the 1st and 2d vacancies, occurring more than 6 years after the date of the enactment of this Act,
"(ii) in the case of the 3d and 4th vacancies, occurring more than 5 years after the date of the enactment of this Act, and
"(iii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(D)
"(i) occurring more than 6 years after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(E)
"(i) occurring more than 5 years after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(F)
"(i) occurring 6 years or more after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
"(G)
"(i) occurring 6 years or more after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
"(H)
"(i) occurring 6 years or more after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.
"(3)
"(b)
"(1)
"(2)
"(A)
"(i) occurring more than 5 years after the date of the enactment of this Act [May 25, 2012], and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(B)
"(i) occurring more than 5 years after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(C)
"(i) occurring more than 9 years after the date of the enactment of this Act, and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3)
"(c)
"(1)
"(2)
"(A) occurring more than 5 years after the date of the enactment of this Act [May 25, 2012], and
"(B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge,
shall not be filled.
"(3)
"(b)
"(1)
"(A) One additional bankruptcy judge for the eastern district of California.
"(B) Three additional bankruptcy judges for the central district of California.
"(C) Four additional bankruptcy judges for the district of Delaware.
"(D) Two additional bankruptcy judges for the southern district of Florida.
"(E) One additional bankruptcy judge for the southern district of Georgia.
"(F) Three additional bankruptcy judges for the district of Maryland.
"(G) One additional bankruptcy judge for the eastern district of Michigan.
"(H) One additional bankruptcy judge for the southern district of Mississippi.
"(I) One additional bankruptcy judge for the district of New Jersey.
"(J) One additional bankruptcy judge for the eastern district of New York.
"(K) One additional bankruptcy judge for the northern district of New York.
"(L) One additional bankruptcy judge for the southern district of New York.
"(M) One additional bankruptcy judge for the eastern district of North Carolina.
"(N) One additional bankruptcy judge for the eastern district of Pennsylvania.
"(O) One additional bankruptcy judge for the middle district of Pennsylvania.
"(P) One additional bankruptcy judge for the district of Puerto Rico.
"(Q) One additional bankruptcy judge for the western district of Tennessee.
"(R) One additional bankruptcy judge for the eastern district of Virginia.
"(S) One additional bankruptcy judge for the district of South Carolina.
"(T) One additional bankruptcy judge for the district of Nevada.
"(2)
"(A)
"(i) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under paragraph (1) to such office; and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(B)
"(i) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under paragraph (1)(B); and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(C)
"(i) occurring 5 years or more after the respective 1st, 2d, 3d, and 4th appointment dates of the bankruptcy judges appointed under paragraph (1)(F); and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(D)
"(i) occurring 5 years or more after the respective 1st and 2d appointment dates of the bankruptcy judges appointed under paragraph (1)(D); and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(E)
"(i) occurring 5 years or more after the respective 1st, 2d, and 3d appointment dates of the bankruptcy judges appointed under paragraph (1)(F); and
"(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;
shall not be filled.
"(c)
"(1)
"(2)
"(a)
"(1) 1 additional bankruptcy judge for the northern district of Alabama.
"(2) 1 additional bankruptcy judge for the district of Colorado.
"(3) 1 additional bankruptcy judge for the district of Delaware.
"(4) 1 additional bankruptcy judge for the southern district of Illinois.
"(5) 1 additional bankruptcy judge for the district of New Hampshire.
"(6) 1 additional bankruptcy judge for the middle district of North Carolina.
"(7) 1 additional bankruptcy judge for the district of Puerto Rico.
"(8) 1 additional bankruptcy judge for the district of South Carolina.
"(9) 1 additional bankruptcy judge for the eastern district of Tennessee.
"(10) 1 additional bankruptcy judge for the western district of Texas.
"(b)
"(a) Notwithstanding section 152 of title 28, United States Code, as added by this Act, the term of office of a bankruptcy judge who is serving on the date of enactment of this Act [July 10, 1984] is extended to and expires four years after the date such bankruptcy judge was last appointed to such office or on October 1, 1986, whichever is later.
"(b)(1) Notwithstanding section 153(a) of title 28, United States Code, as added by this Act, and notwithstanding subsection (a) of this section, a bankruptcy judge serving on a part-time basis on the date of enactment of this Act [July 10, 1984] may continue to serve on such basis for a period not to exceed two years from the date of enactment of this Act [July 10, 1984].
"(2) Notwithstanding the provisions of section 153(b) of title 28, United States Code, a bankruptcy judge serving on a part-time basis may engage in the practice of law but may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge's duties as a judicial officer. The Judicial Conference of the United States may promulgate appropriate rules and regulations to implement this paragraph."
"(a)(1) Whenever a court of appeals is authorized to fill a vacancy that occurs on a bankruptcy court of the United States, such court of appeals shall appoint to fill that vacancy a person whose character, experience, ability, and impartiality qualify such person to serve in the Federal judiciary.
"(2) It is the sense of the Congress that the courts of appeals should consider for appointment under section 152 of title 28, United States Code, to the first vacancy which arises after the date of the enactment of this Act [July 10, 1984] in the office of each bankruptcy judge, the bankruptcy judge who holds such office immediately before such vacancy arises, if such bankruptcy judge requests to be considered for such appointment.
"(3) When filling vacancies, the court of appeals may consider reappointing incumbent bankruptcy judges under procedures prescribed by regulations issued by the Judicial Conference of the United States.
"(b) The judicial council of the circuit involved shall assist the court of appeals by evaluating potential nominees and by recommending to such court for consideration for appointment to each vacancy on the bankruptcy court persons who are qualified to be bankruptcy judges under regulations prescribed by the Judicial Conference of the United States. In the case of the first vacancy which arises after the date of the enactment of this Act [July 10, 1984] in the office of each bankruptcy judge, such potential nominees shall include the bankruptcy judge who holds such office immediately before such vacancy arises, if such bankruptcy judge requests to be considered for such appointment and the judicial council determines that such judge is qualified under subsection (c) of this section to continue to serve. Such potential nominees shall receive consideration equal to that given all other potential nominees for such position. All incumbent nominees seeking reappointment thereafter may be considered for such a reappointment, pursuant to a majority vote of the judges of the appointing court of appeals, under procedures authorized under subsection (a)(3).
"(c) Before transmitting to the court of appeals the names of the persons the judicial council for the circuit deems best qualified to fill any existing vacancy, the judicial council shall have determined that-
"(1) public notice of such vacancy has been given and an effort has been made, in the case of each such vacancy, to identify qualified candidates, without regard to race, color, sex, religion, or national origin,
"(2) such persons are members in good standing of at least one State bar, the District of Columbia bar, or the bar of the Commonwealth of Puerto Rico, and members in good standing of every other bar of which they are members,
"(3) such persons possess, and have a reputation for, integrity and good character,
"(4) such persons are of sound physical and mental health,
"(5) such persons possess and have demonstrated commitment to equal justice under law,
"(6) such persons possess and have demonstrated outstanding legal ability and competence, as evidenced by substantial legal experience, ability to deal with complex legal problems, aptitude for legal scholarship and writing, and familiarity with courts and court processes, and
"(7) such persons demeanor, character, and personality indicate that they would exhibit judicial temperament if appointed to the position of United States bankruptcy judge."