Grants extensions to 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.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3074 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 3074
To provide bankruptcy judgeships.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 8, 2002
Mr. Biden (for himself, Mr. Edwards, Mrs. Feinstein, Mr. Carper, and
Mr. Schumer) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide bankruptcy judgeships.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Judgeship Act of 2002''.
SEC. 2. TEMPORARY JUDGESHIPS.
(a) 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:
(1) One additional bankruptcy judge for the eastern
district of California.
(2) Three additional bankruptcy judges for the central
district of California.
(3) Four additional bankruptcy judges for the district of
Delaware.
(4) Two additional bankruptcy judges for the southern
district of Florida.
(5) One additional bankruptcy judge for the southern
district of Georgia.
(6) Three additional bankruptcy judges for the district of
Maryland.
(7) One additional bankruptcy judge for the eastern
district of Michigan.
(8) One additional bankruptcy judge for the southern
district of Mississippi.
(9) One additional bankruptcy judge for the district of New
Jersey.
(10) One additional bankruptcy judge for the eastern
district of New York.
(11) One additional bankruptcy judge for the northern
district of New York.
(12) One additional bankruptcy judge for the southern
district of New York.
(13) One additional bankruptcy judge for the eastern
district of North Carolina.
(14) One additional bankruptcy judge for the eastern
district of Pennsylvania.
(15) One additional bankruptcy judge for the middle
district of Pennsylvania.
(16) One additional bankruptcy judge for the district of
Puerto Rico.
(17) One additional bankruptcy judge for the western
district of Tennessee.
(18) One additional bankruptcy judge for the eastern
district of Virginia.
(19) One additional bankruptcy judge for the district of
South Carolina.
(20) One additional bankruptcy judge for the district of
Nevada.
(b) Vacancies.--
(1) Districts with single appointments.--Except as provided
in paragraphs (2), (3), (4), and (5), the first vacancy
occurring in the office of bankruptcy judge in each of the
judicial districts set forth in subsection (a)--
(A) occurring 5 years or more after the appointment
date of the bankruptcy judge appointed under subsection
(a) to such office; and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge;
shall not be filled.
(2) Central district of california.--The 1st, 2d, and 3d
vacancies in the office of bankruptcy judge in the central
district of California--
(A) occurring 5 years or more after the respective
1st, 2d, and 3d appointment dates of the bankruptcy
judges appointed under subsection (a)(2); and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge;
shall not be filled.
(3) District of delaware.--The 1st, 2d, 3d, and 4th
vacancies in the office of bankruptcy judge in the district of
Delaware--
(A) occurring 5 years or more after the respective
1st, 2d, 3d, and 4th appointment dates of the
bankruptcy judges appointed under subsection (a)(3);
and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge;
shall not be filled.
(4) Southern district of florida.--The 1st and 2d vacancies
in the office of bankruptcy judge in the southern district of
Florida--
(A) occurring 5 years or more after the respective
1st and 2d appointment dates of the bankruptcy judges
appointed under subsection (a)(4); and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge;
shall not be filled.
(5) District of maryland.--The 1st, 2d, and 3d vacancies in
the office of bankruptcy judge in the district of Maryland--
(A) occurring 5 years or more after the respective
1st, 2d, and 3d appointment dates of the bankruptcy
judges appointed under subsection (a)(6); and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge;
shall not be filled.
SEC. 3. EXTENSIONS.
(a) 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.
(b) 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 section.
SEC. 4. 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''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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