Temporary Judgeships: Frequently Asked Questions

Temporary Judgeships: Frequently Asked Questions

Temporary Judgeships: Frequently Asked Questions

Updated May 19, 2025 (R47340)
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Contents

Introduction

What Is a Temporary Judgeship?

Is a Judge Appointed to a Temporary Judgeship an Article III Judge?

What Can Happen to a Temporary Judgeship After It Has Been Authorized by Congress?

For Which Federal Courts Are Temporary Judgeships Currently Authorized?

What Policy Options Are Available to Congress for the Temporary Bankruptcy Judgeships Currently Authorized?

For Which U.S. District Courts Has Congress Authorized Temporary Judgeships in the Past?

What Has Happened to Past Temporary Judgeships Authorized by Congress?

U.S. Circuit Courts

U.S. District Courts

Bankruptcy Courts

Figures

Figure 1. Hypothetical Scenario Showing the Three Possible Outcomes After Congress Authorizes a Temporary Judgeship

Figure 2. Current Temporary Bankruptcy Judgeships by Judicial District

Figure 3. Total Number of Temporary District Court Judgeships Authorized by Congress from 1898 to 2024

Figure 4. Temporary U.S. District Court Judgeships Authorized by Congress

Summary

This report provides data and analysis related to temporary judgeships authorized for the federal judiciary. A temporary judgeship is authorized by Congress to temporarily increase a court's size by adding one or more judgeships to the court for a limited time. The legislation authorizing a temporary judgeship specifies the period of time after which the first vacancy to occur on the court will not be filled with a new appointee. For example, legislation to establish a temporary judgeship might specify that the first vacancy occurring on a court 10 or more years after a nominee is confirmed to the temporary judgeship will not be filled. When such a vacancy goes unfilled, the number of judgeships on the court returns to the number permanently authorized by Congress.

If Congress determines that a court needs a temporary judgeship beyond the date it would otherwise be eligible to lapse or expire according to its authorizing legislation (referred to in this report as a temporary judgeship's lapse date), Congress can either convert it to a permanent judgeship or extend the temporary judgeship's duration. These policy options are discussed in greater detail in the text of the report.

Key findings discussed in the report include the following:

As of this writing, there are no temporary U.S. circuit or district court judgeships. In December 2024, Congress converted 10 temporary district court judgeships to permanent judgeships (P.L. 118-203).

At present, there are 29 existing temporary U.S. bankruptcy court judgeships. Congress first authorized 5 of the judgeships in 1992, 20 in 2005, and 4 in 2017.

Overall, 57 (63%) of 91 U.S. district courts have had at least one temporary judgeship authorized by Congress since 1898.

Of the 99 temporary district court judgeships authorized by Congress since 1898, 67 (68%) were made permanent and 32 (32%) expired.

Of the 10 temporary district court judgeships recently converted by Congress to permanent judgeships in 2024, 3 were authorized as temporary judgeships in 1990 (1 judgeship each for the districts of Hawaii, Kansas, and Eastern Missouri) and 7 were authorized in 2002 (1 judgeship each for the districts of Northern Alabama, Arizona, Central California, Southern Florida, New Mexico, Western North Carolina, and Eastern Texas).

The 10 temporary district court judgeships converted to permanent judgeships in 2024 were extended multiple times by Congress, with each having been extended between 10 and 19 times since 1990 or 2002. Congress typically extended these temporary judgeships during the annual appropriations process for the federal judiciary.

If Congress had not converted the 10 temporary judgeships to permanent judgeships (or extended them again), each judgeship would have lapsed or expired at some point between April 7, 2025, and September 30, 2025. If a temporary judgeship lapses or expires for a particular court, it means that the first vacancy occurring on the court on or after the lapse date will not be filled with a new nominee.

The Bankruptcy Administration Improvement Act of 2020 (P.L. 116-325) extended most of the temporary bankruptcy judgeships for at least several years (with the earliest possible lapse or expiration date for any of the judgeships occurring no earlier than January 2026).

Introduction

Article III, Section I of the Constitution provides that the "judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Consequently, Congress determines the size and structure of the federal judiciary through legislative action. For example, the size of the federal judiciary is determined, in part, by the number of lower federal court judgeships authorized by Congress.¹ At numerous times over the years, Congress has authorized an increase in the number of such judgeships in order to meet the workload-based needs of the federal court system.

In some instances, Congress has authorized temporary judgeships rather than permanent judgeships. Congress might prefer temporary judgeships if a court is dealing with an increased workload deemed to be temporary (e.g., when workload increases as a result of new federal legislation or a recent Supreme Court ruling) or if Congress is uncertain about whether a recent workload increase is temporary or permanent.

At present, there are 29 temporary U.S. bankruptcy court judgeships authorized by Congress. In December 2024, Congress converted 10 temporary U.S. district court judgeships to permanent judgeships, increasing the number of permanent Article III district judgeships from 663 to 673 (and as of this writing, there are no temporary circuit or district court judgeships).²

What Is a Temporary Judgeship?

A temporary judgeship is authorized by Congress to temporarily increase a federal court's size by adding one or more judgeships to the court for a limited time.³ In contrast, congressional authorization of a permanent judgeship increases a federal court's size by permanently increasing the number of judgeships on the court.⁴

The legislation authorizing a temporary judgeship typically specifies the period of time after which the first vacancy to occur on the court will not be filled with a new appointee. When such a vacancy goes unfilled, the number of judgeships on the court returns to the number permanently authorized by Congress.⁵

For example, when Congress authorized a temporary judgeship in 2002 for the Southern District of Florida, the court's size increased by one judgeship (from 17 to 18 judges). In order to eventually reduce the number of judgeships back to 17 (which was, prior to December 2024, the number of permanent judgeships authorized by Congress for the Southern District of Florida), the legislation authorizing the temporary judgeship specified that the first vacancy occurring 10 or more years after a nominee was confirmed to the temporary judgeship would not be filled. The nominee for the Southern District of Florida's temporary judgeship, James I. Cohn, was confirmed on July 31, 2003. If Congress had not later extended the temporary judgeship, the Southern District of Florida would have returned to having 17 judgeships on December 15, 2013 (which was the date of the first vacancy on the court to occur 10 or more years after Cohn's confirmation).⁶ The temporary judgeship for the Southern District of Florida, extended by Congress on 12 different occasions from 2013 to 2024, was made permanent by Congress in December 2024, thereby increasing the number of permanent judgeships for the Southern District of Florida from 17 to 18.

Is a Judge Appointed to a Temporary Judgeship an Article III Judge?

A judge appointed to a temporary U.S. district or circuit court judgeship is an Article III judge who—as is the case with appointees to permanent judgeships—continues to hold office during "good behavior" (i.e., the appointment is, for practical purposes, for life until the judge retires, assumes senior status, dies, or is removed by Congress through the process of impeachment).⁷ In other words, a judge appointed to a temporary judgeship continues to serve even if the judgeship is not made permanent or extended by Congress. The judge continues to serve because, as described above, the first vacancy for any of the judgeships on the court will not be filled after a legislatively specified period of time, whether the judge whose departure creates the vacancy was appointed to a permanent or temporary judgeship. When that vacancy is not filled with a new appointee, the court returns to the number of permanent judgeships authorized by Congress.⁸

What Can Happen to a Temporary Judgeship After It Has Been Authorized by Congress?

After Congress first authorizes a temporary judgeship, there are three possible future outcomes as to what can eventually happen to the judgeship. These outcomes are shown in the hypothetical scenario presented in Figure 1.

The first possibility is that the temporary judgeship is "lost" because Congress does not either renew it for an additional period of time or convert it to a permanent judgeship.⁹ If the judgeship is not renewed or made permanent by Congress, the first vacancy to occur on the court after a specified period of time will not be filled with a new appointee (i.e., the judgeship will be lost). The specified period of time when a temporary judgeship expires is set by Congress in the legislation authorizing the judgeship (and in any subsequent legislation extending the duration of the judgeship). By not filling the vacancy, the number of judgeships on the court returns to the number of permanent judgeships authorized by Congress.¹⁰

Figure 1. Hypothetical Scenario Showing the Three Possible Outcomes After Congress Authorizes a Temporary Judgeship

Source: Congressional Research Service.

The second possibility is that Congress legislatively extends the duration of the temporary judgeship for an additional specified period of time. The authorization of the temporary judgeship is extended by changing the date, further into the future, on or after which the first vacancy to occur on the court will not be filled with a new appointee.

If Congress extends a court's temporary judgeship, any vacancies on that court can continue to be filled with new appointees during the period for which the temporary judgeship is extended. The 10 temporary U.S. district court judgeships converted to permanent judgeships by Congress in 2024 were extended numerous times by Congress after first being authorized in either 1990 or 2002.¹¹

The third possibility is that Congress converts a temporary judgeship to a permanent judgeship. Converting a temporary judgeship permanently increases the court's size by adding a permanent judgeship to the court. Congress last converted temporary judgeships to permanent judgeships in December 2024, when temporary judgeships for the Districts of Arizona, Central California, Eastern Missouri, Eastern Texas, Hawaii, Kansas, New Mexico, Northern Alabama, Southern Florida, and Western North Carolina were made permanent.¹²

Prior to December 2024, Congress last converted temporary judgeships to permanent judgeships in 2002, when four such judgeships were converted.¹³

For Which Federal Courts Are Temporary Judgeships Currently Authorized?

At present, there are no temporary U.S. circuit or district court judgeships. There are, however, 29 temporary judgeships currently authorized for U.S. bankruptcy courts.¹⁴

Federal courts have exclusive jurisdiction over bankruptcy matters (i.e., a bankruptcy case cannot be filed in state court). Bankruptcy courts are units of federal district courts and exercise jurisdiction over bankruptcy matters as granted by statute and referred to them by their respective district courts.¹⁵ Bankruptcy judges are non-Article III judges appointed by the court of appeals for the circuit where the bankruptcy court is located. A judge is appointed to a term of 14 years and may be reappointed.

Congress, through legislative action, sets the number of bankruptcy judgeships. As of May 1, 2025, there are a total of 345 bankruptcy judgeships (316 permanent judgeships and 29 temporary judgeships). There is at least one bankruptcy judgeship authorized for each U.S. district court.¹⁶ The average and median number of bankruptcy judgeships authorized per district court are approximately 4 and 3, respectively. The greatest number of judgeships are authorized for the Central District of California (21 judgeships), Northern District of Illinois (10), Northern District of California (9), District of New Jersey (9), and Southern District of New York (9).

The Bankruptcy Administration Improvement Act of 2020 (P.L. 116-325) extended the current temporary bankruptcy judgeships that have been filled for at least several years (with the earliest possible lapse date for any of the judgeships occurring in January 2026 and the latest possible lapse date occurring in June 2029).¹⁷

Figure 2 shows the judicial districts for which temporary bankruptcy judgeships are currently authorized by Congress. Overall, 18 (20%) of 90 judicial districts with bankruptcy courts have at least one temporary judgeship.¹⁸

Figure 2. Current Temporary Bankruptcy Judgeships by Judicial District

As of May 1, 2025

Source: CRS compilation of data provided by the Administrative Office of U.S. Courts.

Note: Three of the temporary bankruptcy judgeships currently authorized by Congress have never been filled: specifically, judgeships for the Southern District of Illinois, Eastern District of New York, and Western District of Texas.

What Policy Options Are Available to Congress for the Temporary Bankruptcy Judgeships Currently Authorized?

As discussed above with the hypothetical accompanying Figure 1, Congress has three policy options for the temporary bankruptcy judgeships that are now authorized. These options are as follows:

Congress can let a temporary judgeship expire by not extending its current lapse date. The Bankruptcy Administration Improvement Act of 2020 (P.L. 116-325) extended most of the 29 temporary bankruptcy judgeships for at least several years (with the earliest possible lapse or expiration date for any of the judgeships occurring no earlier than January 2026 and the latest lapse date occurring in June 2029). Congress can choose not to extend one or more of these judgeships before the time they are set to expire.

Congress can extend a temporary judgeship beyond its current lapse date. As mentioned above, the Bankruptcy Administration Improvement Act of 2020 (P.L. 116-325) extended each of the current temporary bankruptcy judgeships for at least the next several years. Congress could again extend the lapse dates for one or more of the temporary judgeships for an additional year, pushing the lapse dates into at least 2027, or Congress could instead extend one or more of the judgeships for a period of time longer than a single year.

Congress can pass legislation to convert one or more of the temporary judgeships to permanent status. Although the Judicial Conference of the United States has periodically requested that Congress convert temporary bankruptcy judgeships to permanent judgeships,¹⁹ no temporary bankruptcy judgeship has ever been made permanent by Congress. Nonetheless, Congress could decide to make one or more of the temporary bankruptcy judgeships permanent. Congress last authorized permanent bankruptcy judgeships in 1992, increasing the number of judgeships from 292 to 316.²⁰

For Which U.S. District Courts Has Congress Authorized Temporary Judgeships in the Past?

Historically, most of the temporary judgeships authorized by Congress have been for U.S. district courts. These are the federal trial courts of general jurisdiction that determine facts and apply legal principles to resolve disputes.²¹ U.S. district court judges are appointed by the President with the advice and consent of the Senate.²² Congress, through legislative action, determines the number of district court judgeships. At present, there are 673 U.S. district court judgeships authorized by Congress (all of which are permanent judgeships).²³

Since 1898, Congress has authorized a total of 99 temporary district court judgeships.²⁴ Figure 3 shows the district courts for which these judgeships were authorized, as well as the total cumulative number of temporary judgeships authorized for the court during the period 1898 to 2024.

Overall, 56 (62%) of 91 district courts have had at least one temporary judgeship authorized by Congress since 1898. Of these 56 courts, 34 (61%) had a single temporary judgeship authorized at some point during this period, while 22 (39%) had two or more temporary judgeships. The Eastern District of Pennsylvania has had the most temporary judgeships authorized by Congress (with nine such judgeships), followed by the Northern District of Ohio (with seven).²⁵

Figure 3. Total Number of Temporary District Court Judgeships Authorized by Congress from 1898 to 2024

Judgeships now expired or made permanent

Source: CRS compilation of data provided by the Administrative Office of U.S. Courts.

What Has Happened to Past Temporary Judgeships Authorized by Congress?

U.S. Circuit Courts

Congress has authorized six temporary circuit court judgeships, each of which was later made permanent. Specifically, Congress authorized one temporary judgeship for the Ninth Circuit in 1929 and made it permanent in 1933.²⁶ Congress later authorized a temporary judgeship for the Third Circuit in 1936 and made it permanent in 1938.²⁷ Most recently, Congress authorized four temporary judgeships for the Fifth Circuit in 1966 and made them permanent in 1968.²⁸ Congress has not authorized any additional temporary circuit court judgeships since 1966.

U.S. District Courts

Of the 99 temporary judgeships authorized by Congress since 1898, 67 (68%) were later made permanent by Congress and 32 (32%) expired. Figure 4 displays these 99 judgeships in chronological order by the calendar year in which each judgeship was authorized.

Congress first converted a temporary district court judgeship to permanent status in 1925, and did so most recently in 2024.²⁹ During this period, the average and median lengths of time a temporary district court judgeship existed prior to being made permanent by Congress were 10.8 years and 9.2 years, respectively.

The temporary district court judgeship authorized for the shortest period of time prior to being made permanent by Congress was for the Western District of Pennsylvania (the judgeship, created in 1949, was authorized for approximately one year before it was made permanent in 1950).³⁰

Temporary district court judgeships authorized for the Districts of Hawaii, Kansas, and the Eastern District of Missouri were each authorized for the longest period of time prior to being made permanent by Congress. The judgeships, authorized by the same legislation in 1990, were made permanent in 2024 (after approximately 34 years).³¹

From 1898 to 2010, the average and median lengths of time a temporary district court judgeship existed prior to expiration were 4.8 years and 3.7 years, respectively.

Figure 4. Temporary U.S. District Court Judgeships Authorized by Congress

1898-2024

Source: CRS compilation of data provided by the Administrative Office of the U.S. Courts.

The first temporary judgeship to expire was the judgeship authorized for the Northern District of Texas in 1898 (it was authorized for approximately two months).³² The most recent expiration of a temporary district court judgeship occurred when a judgeship for the Northern District of Ohio, which was authorized for over 20 years, expired on December 27, 2010.³³

The temporary district court judgeship authorized for the shortest period of time prior to expiration was for the Southern District of West Virginia, which was authorized for less than two months in 1921.³⁴ The temporary district court judgeship authorized for the longest period of time prior to lapsing was the temporary judgeship for the Northern District of Ohio that expired in 2010 (discussed above).³⁵ The temporary judgeship authorized for the second-longest period of time prior to expiration was for the Eastern District of California. This judgeship, created in 1990, was authorized for nearly 14 years before it expired in 2004.³⁶

Figure 4 provides additional historical details about the temporary district judgeships authorized by Congress. Congress first authorized more than a single temporary district court judgeship in 1922.³⁷ Of the 21 temporary judgeships authorized by Congress in 1922, 18 (86%) were later made permanent.³⁸ In contrast, each of the seven temporary judgeships authorized by Congress prior to 1922 lapsed.

Most temporary judgeships were authorized at the same time as at least one other temporary judgeship. Of the 99 temporary judgeships authorized since 1898, 80 (81%) were authorized in the same legislation as at least one other temporary judgeship.³⁹ The greatest numbers of temporary judgeships authorized by the same legislation occurred in 1922 (21 judgeships), 1990 (13), 1984 (8), 1940 (7), and 2002 (7).⁴⁰

Figure 4 also shows that the extension of temporary judgeships by Congress is a relatively recent phenomenon. None of the 79 temporary judgeships authorized before 1990 were extended by Congress prior to being made permanent or expiring. In contrast, of the 20 temporary judgeships authorized since 1990, 17 (85%) were extended at least once prior to being made permanent or expiring. The temporary district court judgeship extended the greatest number of times was a judgeship authorized for the District of Kansas in 1990, which was extended 19 times before it was made permanent in 2024.⁴¹

Bankruptcy Courts

While the Judicial Conference has periodically requested that Congress convert temporary bankruptcy judgeships to permanent judgeships, no temporary bankruptcy judgeship has ever been made permanent by Congress. Overall, a total of 13 temporary bankruptcy judgeships have lapsed or expired since the first temporary bankruptcy judgeships were authorized in 1992.⁴²

Footnotes

1.

Other types of federal judgeships are also authorized by Congress, including judgeships for the U.S. Supreme Court, U.S. Court of International Trade, territorial district courts, and the U.S. Court of Federal Claims. Judgeships for these particular courts are outside the scope of this report.

2.

Federal Judiciary Stabilization Act of 2024, P.L. 118-203 (December 23, 2024).

3.

See, for example, P.L. 107-273, §312 (c).

4.

See, for example, P.L. 107-273, §312 (a).

5.

The first vacancy that is not filled on the court can be for any of the existing judgeships on the court, not just for the judgeship deemed as "temporary." In this sense, the term "temporary judgeship" arguably is a misnomer. Instead, the authorization of a temporary judgeship may be better thought of as a temporary increase in the size of the court itself. Congress has temporarily increased the size of the court by authorizing an additional judgeship. The court is eventually reduced to its original size by not filling the first vacancy that occurs on or after a specified date in the future.

6.

December 15, 2013, was the initial lapse, or expiration, date of the temporary judgeship authorized in 2002 for the Southern District of Florida. Congress first extended the temporary judgeship for the Southern District of Florida in 2013, prior to December 15. See P.L. 113-6, March 26, 2013. The option for Congress to extend a temporary judgeship beyond its initial lapse date is discussed further in the subsequent section of the report.

7.

U.S. Constitution, Art. III, §1.

8.

The same process applies to other types of courts with judgeships not authorized under Article III (e.g., bankruptcy courts). The term of office for an appointee to a bankruptcy judgeship is 14 years.

9.

For the purpose of this report, "lapse" and "expire" are used interchangeably to describe what happens to a temporary judgeship if it is not extended or made permanent. The federal judiciary also sometimes uses the term "lost" to describe a temporary judgeship that has not been extended or made permanent.

10.

Jon O. Newman, a senior judge of the U.S. Court of Appeals for the Second Circuit, has written that the "most curious aspect of a temporary judgeship is that until the vacancy contemplated by the authorizing statute occurs, no one can be certain which judgeship in the district or circuit is the temporary judgeship. At the time when the statute with a 'don't fill' provision is enacted, the authorized judgeship is then the temporary judgeship, but when the vacancy specified in the statute occurs, some other judgeship in the district or circuit might become the temporary judgeship, and what was the temporary judgeship becomes, in effect, a permanent judgeship." Jon O. Newman, "The Curious Case of the Temporary Judgeship," Judicature, June 4, 2024, p. 40.

11.

For example, according to the Administrative Office of the U.S. Courts, the temporary judgeships for the Northern District of Alabama, District of Arizona, Central District of California, Southern District of Florida, District of New Mexico, and Eastern District of Texas have each been extended 13 times since they were first created in 2002. Administrative Office of the U.S. Courts, "Chronological History of Authorized Judgeships—District Courts," at https://www.uscourts.gov/judges-judgeships/authorized-judgeships/chronological-history-authorized-judgeships-district-courts. Figure 3 also includes additional historical information related to the extension of temporary judgeships.

12.

See P.L. 118-203 (December 23, 2024). As a result of the legislation, the number of permanent judgeship increased from 12 to 13 for the District of Arizona; from 27 to 28 for the Central District of California; from 6 to 7 for the Eastern District of Missouri; from 7 to 8 for the Eastern District of Texas; from 3 to 4 for the District of Hawaii; from 5 to 6 for the District of Kansas; from 6 to 7 for the District of New Mexico; from 7 to 8 for the Northern District of Alabama; from 17 to 18 for the Southern District of Florida; and from 4 to 5 for the Western District of North Carolina.

13.

The size of both the Central and Southern Districts of Illinois increased from 3 to 4 permanent district court judgeships; the size of the Northern District of New York increased from 4 to 5 permanent judgeships; and the size of the Eastern District of Virginia increased from 10 to 11 permanent judgeships. See P.L. 107-273, §312 (b).

14.

Congress has typically "determined the duration of temporary [bankruptcy] judgeships by providing that the court's next vacancy to arise (as a result of the death, retirement, resignation, or removal of a bankruptcy judge) after a particular date will not be filled. Most often, Congress has chosen a date five years after the date the authorizing statute was enacted or the date the new judgeship was filled, but Congress has frequently extended temporary judgeships beyond their original duration." Federal Judicial Center, "Authorized Bankruptcy Judgeships," at https://www.fjc.gov/history/judges/authorized-bankruptcy-judgeships.

15.

Federal Judicial Center, "U.S. Bankruptcy Courts," at https://www.fjc.gov/history/courts/u.s.-bankruptcy-courts.

16.

The Eastern and Western Districts of Arkansas share a bankruptcy court (this is the only instance of a bankruptcy court shared by two or more judicial districts). The calculation reported in the text excludes the three judicial districts for Guam, the Northern Mariana Islands, and the U.S. Virgin Islands.

17.

Three temporary bankruptcy judgeships, authorized for the Southern District of Illinois, Eastern District of New York, and Western District of Texas, have not yet been filled with an appointee (and, consequently, have not yet needed to be extended).

18.

There are 91 federal judicial districts with Article III judges but the two judicial districts for Arkansas share a bankruptcy court—consequently, 90 is used in the calculation.

19.

The Judicial Conference of the United States, the policymaking body of the federal courts, makes a biennial recommendation to Congress that identifies any circuit and district courts that the conference determines require new permanent judgeships to appropriately administer civil and criminal justice in the federal court system. This recommendation can include converting existing temporary judgeships to permanent judgeships

20.

P.L. 102-361, 106 Stat. 965 (August 26, 1992).

21.

Administrative Office of the U.S. Courts, "Court Role and Structure," https://www.uscourts.gov/about-federal-courts/court-role-and-structure.

22.

Under Article III of the U.S. Constitution, such appointments are considered effective for life—meaning a judge remains in office until the judge dies, assumes senior status, resigns, retires, or is removed by Congress through the process of impeachment.

23.

This total does not include four permanent territorial district court judgeships authorized by Congress under Article I of the U.S. Constitution.

24.

This judgeship was authorized for the Northern District of Texas. 55 Cong. Ch. 15. The judgeship expired several months later on April 9, 1898.

25.

One or more temporary judgeships for the Eastern District of Pennsylvania were created in 1914, 1922, 1936, 1940, 1946 (shared with the other two judicial districts in Pennsylvania), 1966, and 1990. Temporary judgeships for the Northern District of Ohio were created in 1900, 1922, 1941, 1961, 1978, 1984, and 1990.

26.

70 Cong. Ch. 413 and 73 Cong. Ch. 102, respectively. This increased the size of the court from three to four permanent judgeships.

27.

74 Cong. Ch. 753 and 75 Cong. Ch. 290, respectively. This increased the size of the court from four to five permanent judgeships.

28.

80 Stat. 75, P.L. 89-372 and 82 Stat. 184, P.L. 90-347, respectively. This increased the size of the court from 9 to 15 permanent judgeships (when Congress converted the 4 temporary judgeships to permanent status it also authorized 2 additional permanent judgeships). In 1980, the Fifth Circuit was subsequently reorganized into two separate circuits—the new Fifth Circuit (comprising Louisiana, Mississippi, and Texas) and a new Eleventh Circuit (comprising Alabama, Florida, and Georgia).

29.

68 Cong. Ch. 233 (February 16, 1925) and P.L. 118-203 (December 23, 2024), respectively.

30.

81 Cong. Ch. 387 (August 3, 1949) and 81 Cong. Ch. 819 (August 29, 1950), respectively.

31.

P.L. 101-650 (December 1, 1990) and P.L. 118-203 (December 23, 2024), respectively.

32.

The judgeship expired on April 9, 1898.

33.

The temporary judgeship had been authorized by P.L. 101-650 (December 1, 1990).

34.

67 Cong. Ch. 306 (September 14, 1922) and 68 Cong. Ch. 233 (February 16, 1925), respectively.

35.

Two other temporary judgeships for the Northern District of Ohio had previously expired on December 22, 1906, and May 2, 1964, respectively.

36.

The temporary judgeship had been authorized by P.L. 101-650 (December 1, 1990) and expired on November 1, 2004.

37.

The 21 temporary judgeships were authorized by 67 Cong. Ch. 306 (September 14, 1922).

38.

Each of the 18 judgeships was made permanent by Congress at some point between 1925 and 1938. See 68 Cong. Ch. 233 (February 16, 1925), 69 Cong. Ch. 336 (March 3, 1927), 70 Cong. Ch. 882 (May 29, 1928), 71 Cong. Ch. 852 (July 3, 1930), 72 Cong. Ch. 196 (May 20, 1932), 74 Cong. Ch. 558 (August 19, 1935), and 75 Cong. Ch. 290 (May 31, 1938).

39.

Congress was more likely to authorize a single temporary judgeship in a piece of legislation prior to the mid-1950s. Each of the 48 temporary judgeships authorized from 1954 to 2002 were authorized by the same legislation as at least one other temporary judgeship. Of the 51 temporary judgeships authorized prior to 1954, 31 (63%) were authorized by the same legislation as at least one other temporary judgeship.

40.

These judgeships were authorized, respectively, by 67 Cong. Ch. 306 (September 14, 1922), P.L. 101-650 (December 1, 1990), P.L. 98-353 (July 10, 1984), 76 Cong. Ch. 209 (May 24, 1940), and P.L. 107-273 (November 2, 2022).

41.

P.L. 101-650 (December 1, 1990) and P.L. 118-203 (December 23, 2024), respectively. Prior to being made permanent in 2024, the temporary judgeship was extended in 1997, 2007 (twice), 2009 (twice), 2011 (twice), 2013, 2014 (twice), 2015, 2017, 2018, 2019 (twice), 2020, 2022 (twice), and 2024 (March).

42.

These expired temporary bankruptcy judgeships had been authorized for the Northern District of Alabama (P.L. 102-361), Central District of California (3 judgeships authorized by P.L. 109-8), Eastern District of California (P.L. 109-8), District of Colorado (P.L. 102-361), Southern District of Mississippi (P.L. 109-8), District of New Hampshire (P.L. 102-361), Southern District of New York (P.L. 109-8), Eastern District of Pennsylvania (P.L. 109-8), Middle District of Pennsylvania (P.L. 109-8), District of South Carolina (P.L. 102-361), and the Western District of Tennessee (P.L. 109-8).