
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC132]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
                       CHAPTER 5--DISTRICT COURTS
 
Sec. 132. Creation and composition of district courts

    (a) There shall be in each judicial district a district court which 
shall be a court of record known as the United States District Court for 
the district.
    (b) Each district court shall consist of the district judge or 
judges for the district in regular active service. Justices or judges 
designated or assigned shall be competent to sit as judges of the court.
    (c) Except as otherwise provided by law, or rule or order of court, 
the judicial power of a district court with respect to any action, suit 
or proceeding may be exercised by a single judge, who may preside alone 
and hold a regular or special session of court at the same time other 
sessions are held by other judges.

(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 88-176, Sec. 2, Nov. 13, 
1963, 77 Stat. 331.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Sec. 1, and section 641 of 
title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 
30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, Sec. 1, 
35 Stat. 838; Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat. 1087; July 30, 
1914, ch. 216, 38 Stat. 580; July 19, 1921, ch. 42, Sec. 313, 42 Stat. 
119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, Sec. 1, 
44 Stat. 19).
    Section consolidates section 1 of title 28, U.S.C., 1940 ed., and 
section 641 of title 48, U.S.C., 1940 ed., with changes in phraseology 
necessary to effect the consolidation.
    Subsection (c) is derived from section 641 of title 48, U.S.C., 1940 
ed., which applied only to the Territory of Hawaii. The revised section, 
by extending it to all districts, merely recognizes established 
practice.
    Other portions of section 1 of title 28, U.S.C., 1940 ed., are 
incorporated in sections 133 and 134 of this title. The remainder of 
section 641 of title 48, U.S.C., 1940 ed., is incorporated in sections 
91 and 133 of this title.


                               Amendments

    1963--Subsec. (b). Pub. L. 88-176 inserted ``regular'' before 
``active service''.


                  Continuation of Organization of Court

    Section 2(b) of act June 25, 1948, provided in part that the 
provisions of this title as set out in section 1 of act June 25, 1948, 
with respect to the organization of the court, shall be construed as a 
continuation of existing law, and the tenure of the judges, officers, 
and employees thereof and of the United States attorneys and marshals 
and their deputies and assistants, in office on Sept. 1, 1948, shall not 
be affected by its enactment, but each of them shall continue to serve 
in the same capacity under the appropriate provisions of this title 
pursuant to his prior appointment.
