TITLE 28 - COURTS, TRUSTEES, JURISDICTION, VENUE

(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:	Illinois:	Montana 1	Puerto Rico 2
Northern 5	Northern 10	Nebraska 2	Rhode Island 1
Middle 2	Central 3	Nevada 3	South Carolina 2
Southern 2	Southern 1	New Hampshire 1	South Dakota 2
Alaska 2	Indiana:	New Jersey 8	Tennessee:
Arizona 7	Northern 3	New Mexico 2	Eastern 3
Arkansas:	Southern 4	New York:	Middle 3
Eastern & Western 3	Iowa:	Northern 2	Western 4
California:	Northern 2	Southern 9	Texas:
Northern 9	Southern 2	Eastern 6	Northern 6
Eastern 6	Kansas 4	Western 3	Eastern 2
Central 21	Kentucky:	North Carolina:	Southern 6
Southern 4	Eastern 2	Eastern 2	Western 4
Colorado 5	Western 3	Middle 2	Utah 3
Connecticut 3	Louisiana:	Western 2	Vermont 1
Delaware 1	Eastern 2	North Dakota 1	Virginia:
District of Columbia 1	Middle 1	Ohio:	Eastern 5
Florida:	Western 3	Northern 8	Western 3
Northern 1	Maine 2	Southern 7	Washington:
Middle 8	Maryland 4	Oklahoma:	Eastern 2
Southern 5	Massachusetts 5	Northern 2	Western 5
Georgia:	Michigan:	Eastern 1	West Virginia:
Northern 8	Eastern 4	Western 3	Northern 1
Middle 3	Western 3	Oregon 5	Southern 1
Southern 2	Minnesota 4	Pennsylvania:	Wisconsin:
Hawaii 1	Mississippi:	Eastern 5	Eastern 4
Idaho 2	Northern 1	Middle 2	Western 2
	Southern 2	Western 4	Wyoming 1
	Missouri:
	Eastern 3
	Western 3

(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) 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.

(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 Pub. L. 98-353, title I, § 104(a), July 10, 1984, 98 Stat. 336; amended Pub. L. 99-554, title I, § 101, Oct. 27, 1986, 100 Stat. 3088; Pub. L. 100-587, Nov. 3, 1988, 102 Stat. 2982; Pub. L. 101-650, title III, § 304, Dec. 1, 1990, 104 Stat. 5105; Pub. L. 102-361, § 2, 4, Aug. 26, 1992, 106 Stat. 965, 966; Pub. L. 109-8, Title XII, § 1223(d), April 20, 2005, 119 Stat. 198.)

(a) Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services, a salary at an annual rate that is equal to 92 percent of the salary of a judge of the district court of the United States as determined pursuant to section 135, to be paid at such times as the Judicial Conference of the United States determines. (b) A bankruptcy judge may not engage in the practice of law and 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 Conference may promulgate appropriate rules and regulations to implement this subsection. (c) Each individual appointed under this chapter shall take the oath or affirmation prescribed by section 453 of this title before performing the duties of the office of bankruptcy judge. (d) A bankruptcy judge appointed under this chapter shall be exempt from the provisions of subchapter I of chapter 63 of title 5. (Added Pub. L. 98-353, title I, § 104(a), July 10, 1984, 98 Stat. 338; amended Pub. L. 100-202, § 101(a), (title IV, § 408(a)), Dec. 22, 1987, 101 Stat. 1329, 1329-26; Pub. L. 100-702, title X, § 1003(a)(1), Nov. 19, 1988, 102 Stat. 4665.)

(a) Each bankruptcy judge may appoint a secretary, a law clerk, and such additional assistants as the Director of the Administrative Office of the United States Courts determines to be necessary. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court. (b) Upon certification to the judicial council of the circuit involved and to the Director of the Administrative Office of the United States Courts that the number of cases and proceedings pending within the jurisdiction under section 1334 of this title within a judicial district so warrants, the bankruptcy judges for such district may appoint an individual to serve as clerk of such bankruptcy court. The clerk may appoint, with the approval of such bankruptcy judges, and in such number as may be approved by the Director, necessary deputies, and may remove such deputies with the approval of such bankruptcy judges. (c) Any court may utilize facilities or services, either on or off the court's premises, which pertain to the provision of notices, dockets, calendars, and other administrative information to parties in cases filed under the provisions of title 11, United States Code, where the costs of such facilities or services are paid for out of the assets of the estate and are not charged to the United States. The utilization of such facilities or services shall be subject to such conditions and limitations as the pertinent circuit council may prescribe. (d) No office of the bankruptcy clerk of court may be consolidated with the district clerk of court office without the prior approval of the Judicial Conference and the Congress. (e) In a judicial district where a bankruptcy clerk has been appointed pursuant to subsection (b), the bankruptcy clerk shall be the official custodian of the records and dockets of the bankruptcy court. (f) For purposes of financial accountability in a district where a bankruptcy clerk has been certified, such clerk shall be accountable for and pay into the Treasury all fees, costs, and other monies collected by such clerk except uncollected fees not required by an Act of Congress to be prepaid. Such clerk shall make returns thereof to the Director of the Administrative Office of the United States Courts and the Director of the Executive Office For United States Trustees, under regulations prescribed by such Directors. (Added Pub. L. 98-353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99-554, title I, § 103, 142, 144(a), Oct. 27, 1986, 100 Stat. 3090, 3096; Pub. L. 100-702, title X, § 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)