§ 84. — California.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC84]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 5--DISTRICT COURTS
Sec. 84. California
California is divided into four judicial districts to be known as
the Northern, Eastern, Central, and Southern Districts of California.
Northern District
(a) The Northern District comprises the counties of Alameda, Contra
Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San
Benito, Santa Clara, Santa Cruz, San Francisco, San Mateo, and Sonoma.
Court for the Northern District shall be held at Eureka,
Oakland, San Francisco, and San Jose.
Eastern District
(b) The Eastern District comprises the counties of Alpine, Amador,
Butte, Calaveras, Colusa, El Dorado, Fresno, Glenn, Inyo, Kern, Kings,
Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas,
Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus,
Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba.
Court for the Eastern District shall be held at Fresno, Redding,
and Sacramento.
Central District
(c) The Central District comprises 3 divisions.
(1) The Eastern Division comprises the counties of Riverside and
San Bernardino.
Court for the Eastern Division shall be held at a suitable site
in the city of Riverside, the city of San Bernardino, or
not more than 5 miles from the boundary of either such
city.
(2) The Western Division comprises the counties of Los Angeles,
San Luis Obispo, Santa Barbara, and Ventura.
Court for the Western Division shall be held at Los Angeles.
(3) The Southern Division comprises Orange County.
Court for the Southern Division shall be held at Santa Ana.
Southern District
(d) The Southern District comprises the counties of Imperial and San
Diego.
Court for the Southern District shall be held at San Diego.
(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 89-372, Sec. 3(a), Mar.
18, 1966, 80 Stat. 75; Pub. L. 96-462, Sec. 2, Oct. 15, 1980, 94 Stat.
2053; Pub. L. 102-357, Sec. 2, Aug. 26, 1992, 106 Stat. 958.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 145 and section 76 of
title 16, Conservation (Mar. 3, 1911, ch. 231, Sec. 72, 36 Stat. 1107;
May 16, 1916, ch. 122, 39 Stat. 122; June 2, 1920, ch. 218, Sec. 2, 41
Stat. 731; Mar. 1, 1929, ch. 421, 45 Stat. 1424).
A provision relating to the place for maintenance of a clerk's
office, and requiring such office to be kept open at all times, was
omitted as covered by sections 452 and 751 of this title.
Changes in arrangement and phraseology were made.
Amendments
1992--Subsec. (c). Pub. L. 102-357 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ``The Central District
comprises the counties of Los Angeles, Orange, Riverside, San
Bernardino, San Luis Obispo, Santa Barbara, and Ventura.
``Court for the Central District shall be held at Los Angeles and
Santa Ana.''
1980--Subsec. (c). Pub. L. 96-462 inserted ``and Santa Ana'' after
``at Los Angeles''.
1966--Pub. L. 89-372 expanded the number of judicial districts in
California from two to four by creating an Eastern and a Central
District in addition to the existing Northern and Southern Districts,
removed the provisions separating the Northern and Southern Districts
into divisions, transferred to the newly created Eastern Division the
counties of Alpine, Almador, Butte, Calaveras, Colusa, El Dorado, Glenn,
Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin,
Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity,
Tuolumne, Yolo, and Yuba from the Northern District and Fresno, Inyo
Kern, Kings, Madera, Mariposa, Merced, and Tulare from the Southern
District, transferred to the newly created Central District the counties
of Los Angeles, Orange, Riverside, San Bernardino, San Louis Obispo,
Santa Barbara, and Ventura from the Southern District, substituted
Eureka, Oakland, San Francisco, and San Jose for Eureka, Sacramento, and
San Francisco as places for holding court for the Northern District,
removed Fresno and Los Angeles from the list of places for holding court
for the Southern District leaving San Diego as the only place for
holding of court in the Southern District, and provided for the holding
of court in Los Angeles for the Central District and in Fresno, Redding,
and Sacramento for the Eastern District.
Effective Date of 1992 Amendment
Section 3 of Pub. L. 102-357 provided that:
``(a) In General.--This Act [amending this section and enacting
provisions set out below] and the amendments made by this Act shall take
effect 6 months after the date of the enactment of this Act [Aug. 26,
1992].
``(b) Pending Cases Not Affected.--This Act and the amendments made
by this Act shall not affect any action commenced before the effective
date of this Act and pending in the United States District Court for the
Central District of California on such date.
``(c) Juries Not Affected.--This Act and the amendments made by this
Act shall not affect the composition, or preclude the service, of any
grand or petit jury summoned, empaneled, or actually serving in the
Central Judicial District of California on the effective date of this
Act.''
Effective Date of 1980 Amendment; Savings Provision
Section 7 of Pub. L. 96-462 provided that:
``(a) This Act and the amendments made by this Act [amending this
section and sections 95, 105, 113, and 124 of this title and enacting
provisions set out as notes under this section and sections 95, 105, and
113 of this title] shall take effect on October 1, 1981.
``(b) Nothing in this Act shall affect the composition or preclude
the service of any grand or petit juror summoned, empaneled, or actually
serving in any judicial district on the effective date of this Act [Oct.
1, 1981].''
Effective Date of 1966 Amendment
Section 3(i) of Pub. L. 89-372 provided that: ``The provisions of
this section [amending this section and enacting provisions set out as a
note under this section and section 133 of this title] shall become
effective six months after the date of enactment of this Act [Mar. 18,
1966].''
Congressional Findings Concerning Creation of Three Divisions in Central
District
Section 1 of Pub. L. 102-357 provided that: ``The Congress makes the
following findings:
``(1) The Federal Government has the responsibility to provide
quality services which are readily accessible to the people it
serves.
``(2) The court facilities in the Central Judicial District of
California are presently inadequate, and current and projected
growth exacerbates the problem.
``(3) The population demographics of southern California have
changed dramatically over the last decade, as the center of
population shifts inland. Between 1980 and 1990, the population of
Riverside County increased 76.5 percent, and San Bernardino County's
population increased 58.5 percent, to a combined population of
2,600,000.
``(4) In the next 15 years, the population in Riverside and San
Bernardino Counties is expected to increase again by 70 percent, and
67 percent, respectively. By the year 2005, Riverside and San
Bernardino Counties will have 4,400,000 residents.
``(5) As a result of the population growth, the freeways
connecting the Pacific coast and the inland areas are tremendously
overburdened, and Federal offices along the coast are no longer
accessible to the residents of Riverside and San Bernardino
Counties.
``(6) The creation of 3 divisions in the Central Judicial
District of California is urgently needed to provide for the
delivery of judicial services to all areas and all residents of the
Central Judicial District of California.''
Study of Judicial Business in Central District, California and Eastern
District, New York and Recommendations for Creation of New Judicial
Districts
Pub. L. 95-573, Sec. 5, Nov. 2, 1978, 92 Stat. 2458, required the
Director of the Administrative Office of the United States Courts to
conduct a study of the judicial business of the Central District of
California and the Eastern District of New York, within one year of Nov.
2, 1978, and to make recommendations to Congress with respect to the
need for creation of new judicial districts.
Creation of Eastern and Central Districts: Transfer of District Judges;
Transfer and Appointment of United States Attorneys and United States
Marshals
Section 3(b)-(g) of Pub. L. 89-372 provided that:
``(b) The two district judges for the northern district of
California holding office on the day before the effective date of this
section [see Effective Date of 1966 Amendment note above] and whose
official station is Sacramento shall, on and after such date, be
district judges for the eastern district of California. All other
district judges for the northern district of California holding office
on the day before the effective date of this section shall, on and after
such date, be district judges for the northern district of California.
``(c) The district judge for the southern district of California,
residing in the northern division thereof and holding office on the day
before the effective date of this section [see Effective Date of 1966
Amendment note above], shall, on and after such date, be a district
judge for the eastern district of California. The two district judges
for the southern district of California holding office on the day before
the effective date of this section [see Effective Date of 1966 Amendment
note above], and whose official station is San Diego shall, on and after
such date, be the district judges for the southern district of
California. All other district judges for the southern district of
California holding office on the day before the effective date of this
section shall, on and after such date, be district judges for the
central district of California.
``(d) Nothing in this Act [amending this section and sections 44 and
133 of this title and enacting provisions set out as notes under this
section and sections 44 and 133 of this title] shall in any manner
affect the tenure of office of the United States attorney and the United
States marshal for the northern district of California who are in office
on the effective date of this section [see Effective Date of 1966
Amendment note above], and who shall be during the remainder of their
present terms of office the United States attorney and marshal for such
district as constituted by this Act.
``(e) Nothing in this Act [amending this section and sections 44 and
133 of this title and enacting provisions set out as notes under this
section and sections 44 and 133 of this title] shall in any manner
affect the tenure of office of the United States attorney and the United
States marshal for the southern district of California who are in office
on the effective date of this section, and who shall be during the
remainder of their present terms of office the United States attorney
and marshal for the central district of California.
``(f) The President shall appoint, by and with the advice and
consent of the Senate, a United States attorney and a United States
marshal for the southern district of California.
``(g) The President shall appoint, by and with the advice and
consent of the Senate, a United States attorney and a United States
marshal for the eastern district of California.''
