Pub. L. 109-8, tit. XII, sec. 1223

BANKRUPTCY JUDGESHIPS.

EnactedYear: 2005Length: 818 wordsOfficial source
SEC. 1223. BANKRUPTCY JUDGESHIPS.(a) Short Title.—This section may be cited as the “Bankruptcy Judgeship Act of 2005”.(b) Temporary Judgeships.—(1) Appointments.—The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:(A) One additional bankruptcy judge for the eastern district of California.(B) Three additional bankruptcy judges for the central district of California.119 STAT. 197(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) Vacancies.—(A) Districts with single appointments.—Except as provided in subparagraphs (B), (C), (D), and (E), the first vacancy occurring in the office of bankruptcy judge in each of the judicial districts set forth in paragraph (1)—(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) Central district of california.—The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the central district of California—(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.119 STAT. 198(C) District of delaware.—The 1st, 2d, 3d, and 4th vacancies in the office of bankruptcy judge in the district of Delaware—(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) Southern district of florida.—The 1st and 2d vacancies in the office of bankruptcy judge in the southern district of Florida—(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) District of maryland.—The 1st, 2d, and 3d vacancies in the office of bankruptcy judge in the district of Maryland—(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) Extensions.—(1) In general.—The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, and the eastern district of Tennessee under paragraphs (1), (3), (7), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years after the date of the enactment of this Act.(2) Applicability of other provisions.—All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in this subsection. (d) Technical Amendments.—Section 152(a) of title 28, United States Code, is amended—(1) in paragraph (1), by striking the first sentence and inserting the following: “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.”; and(2) in paragraph (2)—(A) in the item relating to the middle district of Georgia, by striking “2” and inserting “3”; and(B) in the collective item relating to the middle and southern districts of Georgia, by striking “Middle and Southern . . . . . . 1”.(e) Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act.119 STAT. 199
Pub. L. 109-8, tit. XII, sec. 1223: BANKRUPTCY JUDGESHIPS. | Justis AI