Temporary Judgeships: Frequently Asked Questions
Temporary Judgeships:
January 18, 2023
Frequently Asked Questions
Barry J. McMillion
This report provides data and analysis related to temporary judgeships authorized for the federal
Analyst in American
judiciary. A temporary judgeship is authorized by Congress to temporarily increase a court’s size
National Government
by adding one or more judgeships to the court for a limited time. The legislation that authorizes 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 permanent status or extend its duration. These policy options are discussed below in greater detail.
At present, Congress has authorized 10 temporary U.S. district court judgeships and 29 temporary bankruptcy judgeships.
Key findings related to these judgeships include the following:
Overall, 27 of the 91 judicial districts with Article III judgeships (or 30%) currently have at least one
temporary judgeship authorized by Congress.
Of the 10 existing temporary district court judgeships, 3 have been authorized since 1990 (specifically, one
judgeship each for the districts of Hawaii, Kansas, and Eastern Missouri) and 7 have been authorized since
2002 (specifically, one judgeship each for the districts of Northern Alabama, Arizona, Central California,
Southern Florida, New Mexico, Western North Carolina, and Eastern Texas).
Congress has extended the 10 existing temporary district court judgeships multiple times, with each having
been extended between 9 and 18 times. Congress has typically extended these temporary judgeships during
the annual appropriations process for the federal judiciary.
If Congress does not extend the 10 temporary judgeships again, each of them will lapse or expire at some
point between April 7, 2024, and September 30, 2024. 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.
In its most recent recommendation at the beginning of the 117th Congress, the Judicial Conference
recommended converting 9 of the 10 current temporary judgeships to permanent judgeships. The Judicial
Conference is likely to release a new recommendation during the 118th Congress after the Conference’s
next meeting in March 2023.
The 10 existing temporary district court judgeships represent 10% of the 99 temporary district court
judgeships that Congress has authorized since 1898. Of the 89 other temporary judgeships that were
authorized in the past, 57 were later made permanent by Congress and 32 expired.
Of the 29 existing temporary bankruptcy judgeships, Congress first authorized 5 in 1992, 20 in 2005, and 4
in 2017.
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).
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Contents
Introduction ..................................................................................................................................... 1
What Is a Temporary Judgeship? ..................................................................................................... 1
What Can Happen to a Temporary Judgeship After It Has Been Authorized by Congress? ........... 2
For Which Federal Courts Are Temporary Judgeships Currently Authorized? ............................... 4
Temporary Judgeships for U.S. District Courts ........................................................................ 5
When Are Current Temporary District Court Judgeships Eligible to Lapse? ..................... 6
What Recommendations Has the Judicial Conference Made Related to Current
Temporary District Court Judgeships? ............................................................................. 6
Temporary Judgeships for Bankruptcy Courts .......................................................................... 7
What Has Happened to Past Temporary Judgeships Authorized by Congress? .............................. 8
U.S. Circuit Courts .................................................................................................................... 8
U.S. District Courts ................................................................................................................... 8
Bankruptcy Courts .................................................................................................................. 12
What Policy Options Are Available to Congress for Current Temporary Judgeships? ................. 12
Figures
Figure 1. Hypothetical Scenario Showing the Three Possible Outcomes After Congress
Authorizes a Temporary Judgeship .............................................................................................. 3
Figure 2. Temporary U.S. District Court Judgeships and Temporary Bankruptcy
Judgeships by Judicial District ..................................................................................................... 4
Figure 3. Temporary U.S. District Court Judgeships Authorized by Congress ............................. 10
Tables
Table 1. Eligible Lapse Dates for Current U.S. District Court Judgeships...................................... 6
Table 2. Recommendation by Judicial Conference as to Whether to Convert an Existing
Temporary U.S. District Court Judgeship to a Permanent Judgeship .......................................... 7
Contacts
Author Information ........................................................................................................................ 13
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Temporary Judgeships: Frequently Asked Questions
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 10 temporary U.S. district court judgeships and 29 temporary bankruptcy
judgeships authorized by Congress.
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.2 In contrast, congressional
authorization of a permanent judgeship increases a federal court’s size by permanently increasing
the number of judgeships on the court.3
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. When such a vacancy goes
unfilled, the number of judgeships on the court returns to the number permanently authorized by
Congress.4
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, at present, is 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
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 See, for example, P.L. 107-273, §312 (c).
3 See, for example, P.L. 107-273, §312 (a).
4 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.
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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).5
A judge appointed to a temporary U.S. district 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).6 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.7
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.8 If the judgeship
is not renewed or made permanent by Congress, the first vacancy to occur on the court after a
legislatively specified period of time will not be filled with a new appointee (i.e., the judgeship
will be lost). By not filling the vacancy, the number of judgeships on the court returns to the
number of permanent judgeships authorized by Congress.
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 has been
extended. The 10 existing temporary U.S. district court judgeships have been extended numerous
times by Congress since first being authorized in either 1990 or 2002.9
5 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.
6 U.S. Constitution, Art. III, §1.
7 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.
8 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.
9 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 11 times since they were first created in 2002.
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Figure 1. Hypothetical Scenario Showing the Three Possible Outcomes After
Congress Authorizes a Temporary Judgeship
Source: Congressional Research Service.
The third possibility is that Congress converts the 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
2002, when temporary judgeships for the Central District of Illinois, Southern District of Illinois,
Northern District of New York, and Eastern District of Virginia were made permanent.10
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.
10 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).
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For Which Federal Courts Are Temporary
Judgeships Currently Authorized?
At present, there are 10 authorized temporary U.S. district court judgeships and 29 temporary
bankruptcy judgeships.11 Figure 2 shows the judicial districts where each of these temporary
judgeships are located. Overall, 27 of 91 judicial districts with Article III judgeships (or 30%)
currently have at least one temporary judgeship authorized by Congress.12
Of these 27 judicial districts, the Southern District of Florida is the sole district with both types of
temporary judgeships currently authorized by Congress—the district has one temporary U.S.
district court judgeship and two temporary bankruptcy judgeships.
Figure 2. Temporary U.S. District Court Judgeships and Temporary Bankruptcy
Judgeships by Judicial District
(Authorized as of January 18, 2023)
Source: Congressional Research Service.
Note: Three of the temporary bankruptcy judgeships currently authorized by Congress have never been fil ed;
specifically, judgeships for the Southern District of Il inois, Eastern District of New York, and Western District of
Texas.
11 Three of the 29 temporary bankruptcy judgeships authorized by Congress have yet to be filled (this includes
temporary judgeships authorized for the Southern District of Illinois, Eastern District of New York, and Western
District of Texas).
12 This calculation excludes the three judicial districts for Guam, the Northern Mariana Islands, and the U.S. Virgin
Islands.
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Temporary Judgeships for U.S. District Courts
U.S. district courts are the federal trial courts of general jurisdiction (i.e., these courts determine
facts and apply legal principles to resolve disputes).13 Trials are conducted by a district court
judge or, in some cases, a magistrate judge. U.S. district court judges are appointed by the
President with the advice and consent of the Senate. 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.
Congress, by legislation, determines the number of district court judgeships. At present, there are
673 U.S. district court judgeships authorized by Congress (including 663 permanent judgeships
and 10 temporary judgeships).14
Of the 10 existing temporary district court judgeships, 3 have been authorized since 1990
(specifically, one judgeship each for the districts of Hawaii, Kansas, and Eastern Missouri).15
The 1990 legislation that authorized the three temporary judgeships initially set each judgeship’s
lapse date as the date of the first vacancy that occurred “5 years or more after the effective date”
of the legislation.16 Congress later amended this language to change each judgeship’s lapse date
to the “first vacancy ... occurring 10 years or more after the confirmation date of the judge named
to fill the temporary judgeship.”17
The other seven temporary U.S. district court judgeships have been authorized since 2002.18
Congress set the lapse date for each temporary judgeship to the “first vacancy ... occurring 10
years or more after the confirmation date of the judge named to fill the temporary district
judgeship.”19
Congress has extended each of the 10 current temporary judgeships multiple times, typically
when it has enacted annual appropriations for the federal judiciary.20 When Congress extends a
temporary judgeship for a district court, it moves the date on or after which the first vacancy to
occur on the court will not be filled with a new appointee further into the future.21
13 Administrative Office of the U.S. Courts, “Court Role and Structure,” at https://www.uscourts.gov/about-federal-
courts/court-role-and-structure.
14 This total does not include four permanent territorial district court judgeships authorized by Congress under Article I
of the U.S. Constitution.
15 104 Stat. 5102, P.L. 101-650, December 1, 1990.
16 Ibid. at Title II, §203(c).
17 111 Stat. 1173, P.L. 105-53, October 6, 1997.
18 Temporary judgeships created or made permanent by P.L. 107-273 were effective on July 15, 2003.
19 116 Stat. 1758, P.L. 107-273, November 2, 2002, §312(c)(2).
20 For references to the specific legislation that extended the 10 existing temporary judgeships, see Administrative
Office of the U.S. Courts, Authorized Judgeships, “Chronological History of Authorized Judgeships—District Courts,”
at https://www.uscourts.gov/judges-judgeships/authorized-judgeships/chronological-history-authorized-judgeships-
district-courts.
21 For example, the legislative language for the most recent extension of the temporary judgeship for the Central
District of California amended the lapse date to be the first vacancy occurring “20 years and 6 months” or more after
the confirmation date of the first judge who was appointed to the temporary judgeship. As shown by Table 1, this new
lapse date—if not again extended by Congress—is April 27, 2024.
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When Are Current Temporary District Court Judgeships Eligible to Lapse?
Each of the 10 current temporary judgeships was most recently extended by Congress in 2022
through the enactment of FY2023 appropriations for the federal judiciary.22 Table 1 lists, for each
judgeship, the date on which the judgeship is eligible to lapse if it is not again extended by
Congress. At present, each judgeship is eligible to lapse during the 2024 calendar year. As
discussed above, the date on which a temporary judgeship is eligible to lapse (or expire) signifies
the date on or after which the first vacancy on the district court will not be filled with a new
nominee.
Table 1. Eligible Lapse Dates for Current U.S. District Court Judgeships
(As of January 18, 2023)
Judicial District (Major City in District)
Date Judgeship Eligible to Lapse/Expire
Alabama, Northern (Birmingham)
09/17/2024
Arizona (Phoenix)
07/08/2024
California, Central (Los Angeles)
04/27/2024
Florida, Southern (Miami)
07/31/2024
Hawaii (Honolulu)
04/07/2024
Kansas (Kansas City)
05/21/2024
Missouri, Eastern (St. Louis)
05/20/2024
New Mexico (Albuquerque)
07/14/2024
North Carolina, Western (Charlotte)
04/28/2024
Texas, Eastern (Tyler)
09/30/2024
Source: Administrative Office of the U.S. Courts, Authorized Judgeships, “Authorized Temporary Judgeships,”
at https://www.uscourts.gov/judges-judgeships/authorized-judgeships.
Note: The date on which a temporary judgeship is eligible to lapse (or expire) signifies the date on or after
which the first vacancy on the district court wil not be fil ed with a new nominee.
What Recommendations Has the Judicial Conference Made Related to Current
Temporary District Court Judgeships?
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.
In its most recent recommendation at the beginning of the 117th Congress, the Judicial Conference
recommended converting 9 of the 10 current temporary judgeships to permanent judgeships.23
The Conference’s recommendation can change from one Congress to the next, depending on the
Conference’s biennial evaluation of whether a district court’s workload justifies converting its
22 P.L. 117-328, December 29, 2022.
23 Administrative Office of the U.S. Courts, “Additional Judgeships or Conversion of Existing Judgeships
Recommended by the Judicial Conference,” 2021, at https://www.uscourts.gov/sites/default/files/
2021_judicial_conference_recommendations_0.pdf.
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temporary judgeship to permanent status. Table 2 shows, for the 110th through the 117th
Congresses, the Conference’s recommendations as to whether to convert each of the 10 existing
temporary judgeships to a permanent judgeship. The Judicial Conference is likely to release a
new recommendation during the 118th Congress after the Conference’s next meeting in March
2023.
Table 2. Recommendation by Judicial Conference as to Whether to Convert an
Existing Temporary U.S. District Court Judgeship to a Permanent Judgeship
(110th Congress to 117th Congress)
Congress
Judicial District
(Major City in District)
110
111
112
113
114
115
116
117
Alabama, Northern (Birmingham)
N
N
Y
Y
Y
N
N
Y
Arizona (Phoenix)
Y
Y
Y
Y
Y
Y
Y
Y
California, Central (Los Angeles)
N
N
Y
Y
Y
Y
Y
Y
Florida, Southern (Miami)
N
N
Y
Y
Y
Y
Y
Y
Hawaii (Honolulu)
Y
N
N
N
N
N
N
N
Kansas (Kansas City)
Y
Y
Y
Y
Y
Y
Y
Y
Missouri, Eastern (St. Louis)
Y
Y
Y
Y
Y
Y
Y
Y
New Mexico (Albuquerque)
Y
Y
Y
Y
Y
Y
Y
Y
North Carolina, Western (Charlotte)
N
N
N
N
Y
Y
Y
Y
Texas, Eastern (Tyler)
N
Y
Y
Y
Y
Y
Y
Y
Source: Administrative Office of the U.S. Courts, “Additional Judgeships or Conversion of Existing Judgeships
Recommended by the Judicial Conference” for 2007, 2009, 2011, 2013, 2015, 2017, 2019, and 2021, respectively.
Note: “N’ indicates “No” (the Conference did not recommend converting the temporary judgeship to
permanent status). “Y” indicates “Yes” (the Conference recommended converting the temporary judgeship to
permanent status).
At the beginning of each Congress from the 110th through the 117th, the Judicial Conference
recommended that 4 of the 10 temporary judgeships be converted to permanent status—those for
Arizona, Kansas, the Eastern District of Missouri, and New Mexico.
Three other temporary judgeships have been recommended for permanent status since either the
111th (2009-2010) or 112th Congress (2011-2012)—those for the Central District of California
(112th), the Southern District of Florida (112th), and the Eastern District of Texas (111th).
Additionally, as shown by Table 2, the Judicial Conference has not recommended that the
temporary judgeship for the District of Hawaii be converted to permanent status since the 110th
Congress (2007-2008).
Temporary Judgeships for Bankruptcy Courts
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
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district courts.24 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, by legislative action, determines the number of bankruptcy judgeships. As of
December 5, 2022, 345 bankruptcy judgeships were authorized by Congress (316 permanent
judgeships and 29 temporary judgeships).
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).25
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 it 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
Overall, Congress has authorized 99 temporary district court judgeships (the first was authorized
in 1898 for the Northern District of Texas).29 Of the 99 temporary judgeships, 57 (58%) were later
made permanent by Congress, 32 (32%) expired, and 10 (10%) are currently authorized.30 Figure
3 displays these 99 judgeships in chronological order by the calendar year in which each
judgeship was authorized.
24 Federal Judicial Center, “U.S. Bankruptcy Courts,” at https://www.fjc.gov/history/courts/u.s.-bankruptcy-courts.
25 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).
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 55 Cong. Ch. 15. The judgeship expired several months later on April 9, 1898.
30 Percentages are rounded to the nearest whole percentage point.
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Congress first converted a temporary district court judgeship to permanent status in 1925, and,
did so most recently in 2002.31 During this period, the median length of time a temporary district
court judgeship existed prior to being made permanent by Congress was 7.3 years.32
31 68 Cong. Ch. 233 (February 16, 1925) and P.L. 107-273 (November 2, 2022), respectively.
32 This calculation excludes the 10 existing temporary district court judgeships.
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Figure 3. Temporary U.S. District Court Judgeships Authorized by Congress
(1898-2023)
Source: CRS compilation of data provided by the Administrative Office of the U.S. Courts at
https://www.uscourts.gov/sites/default/files/district-temporary-judgeships_0.pdf.
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The temporary district court judgeship authorized for the shortest period of time prior to being
made permanent by Congress was for the Eastern District of Oklahoma. This judgeship, created
in 1922, was authorized for nearly two and a half years before it was made permanent in 1925.33
The temporary district court judgeship authorized for the longest period of time prior to being
made permanent by Congress was a judgeship authorized to serve both the Northern and Southern
Districts of West Virginia. This judgeship, created in 1936, was authorized for over 17 years
before it was made permanent in 1954.34
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).35 The most recent expiration of
a temporary district court judgeship occurred when a judgeship for the Northern District of Ohio,
which had been authorized for over 20 years, expired on December 27, 2010.36 Of the 32
temporary district court judgeships that have expired since 1898, this particular temporary
judgeship for the Northern District of Ohio was authorized for the longest period of time prior to
expiration.37
From 1898 to 2010, the median length of time a temporary district court judgeship existed prior
to expiration was 3.4 years.38
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.39
The temporary district court judgeship authorized for the longest period of time prior to
expiration was a temporary judgeship for the Northern District of Ohio (discussed above). 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 2004.40
Figure 3 provides additional historical details about the temporary district judgeships authorized
by Congress. Congress first authorized more than a single temporary district court judgeship in
1922.41 Of the 21 temporary judgeships authorized by Congress in 1922, 18 (86%) were later
made permanent.42 In contrast, each of the seven temporary judgeships authorized by Congress
prior to 1922 had lapsed.
33 67 Cong. Ch. 306 (September 14, 1922) and 68 Cong. Ch. 233 (February 16, 1925), respectively.
34 74 Cong. Ch. 695 (June 22, 1936) and 83 Cong. Ch. 6 (February 10, 1954), respectively.
35 The judgeship expired on April 9, 1989.
36 The temporary judgeship had been authorized by P.L. 101-650 (December 1, 1990).
37 Two other temporary judgeships for the Northern District of Ohio had previously expired on December 22, 1906, and
May 2, 1964, respectively.
38 This calculation excludes the 10 existing temporary district court judgeships.
39 67 Cong. Ch. 306 (September 14, 1922) and 68 Cong. Ch. 233 (February 16, 1925), respectively.
40 The temporary judgeship had been authorized by P.L. 101-650 (December 1, 1990) and expired on November 1,
2004.
41 The 21 temporary judgeships were authorized by 67 Cong. Ch. 306 (September 14, 1922).
42 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).
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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 by
the same legislation as at least one other temporary judgeship.43 The greatest number of
temporary judgeships authorized by the same legislation occurred in 1922 (21 judgeships), 1990
(13), 1984 (8), 1940 (7), and 2002 (7).44
As also shown by Figure 3, the extension of temporary judgeships by Congress is a relatively
recent phenomenon. None of the 79 temporary judgeships authorized prior to 1990 were extended
by Congress prior to either being made permanent or expiring. Of the 20 temporary judgeships
authorized since 1990, 17 (85%) were, or have been, extended at least once.45
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 1992.46
What Policy Options Are Available to Congress for
Current Temporary Judgeships?
As discussed above with the hypothetical accompanying Figure 1, Congress has three policy
options for the temporary judgeships that are now authorized. These options are as follows:
Congress can let a temporary judgeship expire by not extending its current
lapse date. If not extended, each of the 10 temporary district court judgeships
will lapse or expire at some point between April 7, 2024, and September 30,
2024. If a temporary judgeship lapses or expires for a particular district 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. In contrast, 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).
Congress can extend a temporary judgeship beyond its current lapse date.
At present, the 10 current temporary district court judgeships have been extended
43 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.
44 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).
45 As discussed above, this includes each of the 10 temporary district court judgeships that are currently authorized.
46 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).
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between 9 and 18 times. In recent years, Congress has typically extended each
temporary district court judgeship for one additional year during the annual
appropriations process for the federal judiciary. Congress could again extend the
lapse dates for the 10 temporary judgeships for an additional year, pushing the
lapse dates into 2025, or Congress could instead extend one or more of the
temporary judgeships for a period of time longer than a single year. For example,
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 can pass legislation to convert one or more of the temporary
judgeships to permanent status (thereby increasing the number of permanent
judgeships for one or more courts with a temporary judgeship). In its most recent
recommendation at the beginning of the 117th Congress, the Judicial Conference
recommended converting 9 of the 10 current temporary judgeships to permanent
judgeships. The number of permanent district court judgeships increased to 663
in 2003 during the 108th Congress and has remained at that number to the present
day. This represents the longest period of time since district courts were
established in 1789 that Congress has not authorized any new permanent district
court judgeships (including the conversion of temporary judgeships to permanent
status). Additionally, 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.
Author Information
Barry J. McMillion
Analyst in American National Government
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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copy or otherwise use copyrighted material.
Congressional Research Service
R47340 · VERSION 3 · UPDATED
13
January 18, 2023
Frequently Asked Questions
Barry J. McMillion
This report provides data and analysis related to temporary judgeships authorized for the federal
Analyst in American
judiciary. A temporary judgeship is authorized by Congress to temporarily increase a court’s size
National Government
by adding one or more judgeships to the court for a limited time. The legislation that authorizes 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 permanent status or extend its duration. These policy options are discussed below in greater detail.
At present, Congress has authorized 10 temporary U.S. district court judgeships and 29 temporary bankruptcy judgeships.
Key findings related to these judgeships include the following:
Overall, 27 of the 91 judicial districts with Article III judgeships (or 30%) currently have at least one
temporary judgeship authorized by Congress.
Of the 10 existing temporary district court judgeships, 3 have been authorized since 1990 (specifically, one
judgeship each for the districts of Hawaii, Kansas, and Eastern Missouri) and 7 have been authorized since
2002 (specifically, one judgeship each for the districts of Northern Alabama, Arizona, Central California,
Southern Florida, New Mexico, Western North Carolina, and Eastern Texas).
Congress has extended the 10 existing temporary district court judgeships multiple times, with each having
been extended between 9 and 18 times. Congress has typically extended these temporary judgeships during
the annual appropriations process for the federal judiciary.
If Congress does not extend the 10 temporary judgeships again, each of them will lapse or expire at some
point between April 7, 2024, and September 30, 2024. 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.
In its most recent recommendation at the beginning of the 117th Congress, the Judicial Conference
recommended converting 9 of the 10 current temporary judgeships to permanent judgeships. The Judicial
Conference is likely to release a new recommendation during the 118th Congress after the Conference’s
next meeting in March 2023.
The 10 existing temporary district court judgeships represent 10% of the 99 temporary district court
judgeships that Congress has authorized since 1898. Of the 89 other temporary judgeships that were
authorized in the past, 57 were later made permanent by Congress and 32 expired.
Of the 29 existing temporary bankruptcy judgeships, Congress first authorized 5 in 1992, 20 in 2005, and 4
in 2017.
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).
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Contents
Introduction ..................................................................................................................................... 1
What Is a Temporary Judgeship? ..................................................................................................... 1
What Can Happen to a Temporary Judgeship After It Has Been Authorized by Congress? ........... 2
For Which Federal Courts Are Temporary Judgeships Currently Authorized? ............................... 4
Temporary Judgeships for U.S. District Courts ........................................................................ 5
When Are Current Temporary District Court Judgeships Eligible to Lapse? ..................... 6
What Recommendations Has the Judicial Conference Made Related to Current
Temporary District Court Judgeships? ............................................................................. 6
Temporary Judgeships for Bankruptcy Courts .......................................................................... 7
What Has Happened to Past Temporary Judgeships Authorized by Congress? .............................. 8
U.S. Circuit Courts .................................................................................................................... 8
U.S. District Courts ................................................................................................................... 8
Bankruptcy Courts .................................................................................................................. 12
What Policy Options Are Available to Congress for Current Temporary Judgeships? ................. 12
Figures
Figure 1. Hypothetical Scenario Showing the Three Possible Outcomes After Congress
Authorizes a Temporary Judgeship .............................................................................................. 3
Figure 2. Temporary U.S. District Court Judgeships and Temporary Bankruptcy
Judgeships by Judicial District ..................................................................................................... 4
Figure 3. Temporary U.S. District Court Judgeships Authorized by Congress ............................. 10
Tables
Table 1. Eligible Lapse Dates for Current U.S. District Court Judgeships...................................... 6
Table 2. Recommendation by Judicial Conference as to Whether to Convert an Existing
Temporary U.S. District Court Judgeship to a Permanent Judgeship .......................................... 7
Contacts
Author Information ........................................................................................................................ 13
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Temporary Judgeships: Frequently Asked Questions
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 10 temporary U.S. district court judgeships and 29 temporary bankruptcy
judgeships authorized by Congress.
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.2 In contrast, congressional
authorization of a permanent judgeship increases a federal court’s size by permanently increasing
the number of judgeships on the court.3
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. When such a vacancy goes
unfilled, the number of judgeships on the court returns to the number permanently authorized by
Congress.4
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, at present, is 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
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 See, for example, P.L. 107-273, §312 (c).
3 See, for example, P.L. 107-273, §312 (a).
4 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.
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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).5
A judge appointed to a temporary U.S. district 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).6 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.7
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.8 If the judgeship
is not renewed or made permanent by Congress, the first vacancy to occur on the court after a
legislatively specified period of time will not be filled with a new appointee (i.e., the judgeship
will be lost). By not filling the vacancy, the number of judgeships on the court returns to the
number of permanent judgeships authorized by Congress.
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 has been
extended. The 10 existing temporary U.S. district court judgeships have been extended numerous
times by Congress since first being authorized in either 1990 or 2002.9
5 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.
6 U.S. Constitution, Art. III, §1.
7 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.
8 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.
9 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 11 times since they were first created in 2002.
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Figure 1. Hypothetical Scenario Showing the Three Possible Outcomes After
Congress Authorizes a Temporary Judgeship
Source: Congressional Research Service.
The third possibility is that Congress converts the 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
2002, when temporary judgeships for the Central District of Illinois, Southern District of Illinois,
Northern District of New York, and Eastern District of Virginia were made permanent.10
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.
10 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).
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For Which Federal Courts Are Temporary
Judgeships Currently Authorized?
At present, there are 10 authorized temporary U.S. district court judgeships and 29 temporary
bankruptcy judgeships.11 Figure 2 shows the judicial districts where each of these temporary
judgeships are located. Overall, 27 of 91 judicial districts with Article III judgeships (or 30%)
currently have at least one temporary judgeship authorized by Congress.12
Of these 27 judicial districts, the Southern District of Florida is the sole district with both types of
temporary judgeships currently authorized by Congress—the district has one temporary U.S.
district court judgeship and two temporary bankruptcy judgeships.
Figure 2. Temporary U.S. District Court Judgeships and Temporary Bankruptcy
Judgeships by Judicial District
(Authorized as of January 18, 2023)
Source: Congressional Research Service.
Note: Three of the temporary bankruptcy judgeships currently authorized by Congress have never been fil ed;
specifically, judgeships for the Southern District of Il inois, Eastern District of New York, and Western District of
Texas.
11 Three of the 29 temporary bankruptcy judgeships authorized by Congress have yet to be filled (this includes
temporary judgeships authorized for the Southern District of Illinois, Eastern District of New York, and Western
District of Texas).
12 This calculation excludes the three judicial districts for Guam, the Northern Mariana Islands, and the U.S. Virgin
Islands.
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Temporary Judgeships for U.S. District Courts
U.S. district courts are the federal trial courts of general jurisdiction (i.e., these courts determine
facts and apply legal principles to resolve disputes).13 Trials are conducted by a district court
judge or, in some cases, a magistrate judge. U.S. district court judges are appointed by the
President with the advice and consent of the Senate. 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.
Congress, by legislation, determines the number of district court judgeships. At present, there are
673 U.S. district court judgeships authorized by Congress (including 663 permanent judgeships
and 10 temporary judgeships).14
Of the 10 existing temporary district court judgeships, 3 have been authorized since 1990
(specifically, one judgeship each for the districts of Hawaii, Kansas, and Eastern Missouri).15
The 1990 legislation that authorized the three temporary judgeships initially set each judgeship’s
lapse date as the date of the first vacancy that occurred “5 years or more after the effective date”
of the legislation.16 Congress later amended this language to change each judgeship’s lapse date
to the “first vacancy ... occurring 10 years or more after the confirmation date of the judge named
to fill the temporary judgeship.”17
The other seven temporary U.S. district court judgeships have been authorized since 2002.18
Congress set the lapse date for each temporary judgeship to the “first vacancy ... occurring 10
years or more after the confirmation date of the judge named to fill the temporary district
judgeship.”19
Congress has extended each of the 10 current temporary judgeships multiple times, typically
when it has enacted annual appropriations for the federal judiciary.20 When Congress extends a
temporary judgeship for a district court, it moves the date on or after which the first vacancy to
occur on the court will not be filled with a new appointee further into the future.21
13 Administrative Office of the U.S. Courts, “Court Role and Structure,” at https://www.uscourts.gov/about-federal-
courts/court-role-and-structure.
14 This total does not include four permanent territorial district court judgeships authorized by Congress under Article I
of the U.S. Constitution.
15 104 Stat. 5102, P.L. 101-650, December 1, 1990.
16 Ibid. at Title II, §203(c).
17 111 Stat. 1173, P.L. 105-53, October 6, 1997.
18 Temporary judgeships created or made permanent by P.L. 107-273 were effective on July 15, 2003.
19 116 Stat. 1758, P.L. 107-273, November 2, 2002, §312(c)(2).
20 For references to the specific legislation that extended the 10 existing temporary judgeships, see Administrative
Office of the U.S. Courts, Authorized Judgeships, “Chronological History of Authorized Judgeships—District Courts,”
at https://www.uscourts.gov/judges-judgeships/authorized-judgeships/chronological-history-authorized-judgeships-
district-courts.
21 For example, the legislative language for the most recent extension of the temporary judgeship for the Central
District of California amended the lapse date to be the first vacancy occurring “20 years and 6 months” or more after
the confirmation date of the first judge who was appointed to the temporary judgeship. As shown by Table 1, this new
lapse date—if not again extended by Congress—is April 27, 2024.
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When Are Current Temporary District Court Judgeships Eligible to Lapse?
Each of the 10 current temporary judgeships was most recently extended by Congress in 2022
through the enactment of FY2023 appropriations for the federal judiciary.22 Table 1 lists, for each
judgeship, the date on which the judgeship is eligible to lapse if it is not again extended by
Congress. At present, each judgeship is eligible to lapse during the 2024 calendar year. As
discussed above, the date on which a temporary judgeship is eligible to lapse (or expire) signifies
the date on or after which the first vacancy on the district court will not be filled with a new
nominee.
Table 1. Eligible Lapse Dates for Current U.S. District Court Judgeships
(As of January 18, 2023)
Judicial District (Major City in District)
Date Judgeship Eligible to Lapse/Expire
Alabama, Northern (Birmingham)
09/17/2024
Arizona (Phoenix)
07/08/2024
California, Central (Los Angeles)
04/27/2024
Florida, Southern (Miami)
07/31/2024
Hawaii (Honolulu)
04/07/2024
Kansas (Kansas City)
05/21/2024
Missouri, Eastern (St. Louis)
05/20/2024
New Mexico (Albuquerque)
07/14/2024
North Carolina, Western (Charlotte)
04/28/2024
Texas, Eastern (Tyler)
09/30/2024
Source: Administrative Office of the U.S. Courts, Authorized Judgeships, “Authorized Temporary Judgeships,”
at https://www.uscourts.gov/judges-judgeships/authorized-judgeships.
Note: The date on which a temporary judgeship is eligible to lapse (or expire) signifies the date on or after
which the first vacancy on the district court wil not be fil ed with a new nominee.
What Recommendations Has the Judicial Conference Made Related to Current
Temporary District Court Judgeships?
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.
In its most recent recommendation at the beginning of the 117th Congress, the Judicial Conference
recommended converting 9 of the 10 current temporary judgeships to permanent judgeships.23
The Conference’s recommendation can change from one Congress to the next, depending on the
Conference’s biennial evaluation of whether a district court’s workload justifies converting its
22 P.L. 117-328, December 29, 2022.
23 Administrative Office of the U.S. Courts, “Additional Judgeships or Conversion of Existing Judgeships
Recommended by the Judicial Conference,” 2021, at https://www.uscourts.gov/sites/default/files/
2021_judicial_conference_recommendations_0.pdf.
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temporary judgeship to permanent status. Table 2 shows, for the 110th through the 117th
Congresses, the Conference’s recommendations as to whether to convert each of the 10 existing
temporary judgeships to a permanent judgeship. The Judicial Conference is likely to release a
new recommendation during the 118th Congress after the Conference’s next meeting in March
2023.
Table 2. Recommendation by Judicial Conference as to Whether to Convert an
Existing Temporary U.S. District Court Judgeship to a Permanent Judgeship
(110th Congress to 117th Congress)
Congress
Judicial District
(Major City in District)
110
111
112
113
114
115
116
117
Alabama, Northern (Birmingham)
N
N
Y
Y
Y
N
N
Y
Arizona (Phoenix)
Y
Y
Y
Y
Y
Y
Y
Y
California, Central (Los Angeles)
N
N
Y
Y
Y
Y
Y
Y
Florida, Southern (Miami)
N
N
Y
Y
Y
Y
Y
Y
Hawaii (Honolulu)
Y
N
N
N
N
N
N
N
Kansas (Kansas City)
Y
Y
Y
Y
Y
Y
Y
Y
Missouri, Eastern (St. Louis)
Y
Y
Y
Y
Y
Y
Y
Y
New Mexico (Albuquerque)
Y
Y
Y
Y
Y
Y
Y
Y
North Carolina, Western (Charlotte)
N
N
N
N
Y
Y
Y
Y
Texas, Eastern (Tyler)
N
Y
Y
Y
Y
Y
Y
Y
Source: Administrative Office of the U.S. Courts, “Additional Judgeships or Conversion of Existing Judgeships
Recommended by the Judicial Conference” for 2007, 2009, 2011, 2013, 2015, 2017, 2019, and 2021, respectively.
Note: “N’ indicates “No” (the Conference did not recommend converting the temporary judgeship to
permanent status). “Y” indicates “Yes” (the Conference recommended converting the temporary judgeship to
permanent status).
At the beginning of each Congress from the 110th through the 117th, the Judicial Conference
recommended that 4 of the 10 temporary judgeships be converted to permanent status—those for
Arizona, Kansas, the Eastern District of Missouri, and New Mexico.
Three other temporary judgeships have been recommended for permanent status since either the
111th (2009-2010) or 112th Congress (2011-2012)—those for the Central District of California
(112th), the Southern District of Florida (112th), and the Eastern District of Texas (111th).
Additionally, as shown by Table 2, the Judicial Conference has not recommended that the
temporary judgeship for the District of Hawaii be converted to permanent status since the 110th
Congress (2007-2008).
Temporary Judgeships for Bankruptcy Courts
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
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district courts.24 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, by legislative action, determines the number of bankruptcy judgeships. As of
December 5, 2022, 345 bankruptcy judgeships were authorized by Congress (316 permanent
judgeships and 29 temporary judgeships).
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).25
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 it 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
Overall, Congress has authorized 99 temporary district court judgeships (the first was authorized
in 1898 for the Northern District of Texas).29 Of the 99 temporary judgeships, 57 (58%) were later
made permanent by Congress, 32 (32%) expired, and 10 (10%) are currently authorized.30 Figure
3 displays these 99 judgeships in chronological order by the calendar year in which each
judgeship was authorized.
24 Federal Judicial Center, “U.S. Bankruptcy Courts,” at https://www.fjc.gov/history/courts/u.s.-bankruptcy-courts.
25 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).
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 55 Cong. Ch. 15. The judgeship expired several months later on April 9, 1898.
30 Percentages are rounded to the nearest whole percentage point.
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Congress first converted a temporary district court judgeship to permanent status in 1925, and,
did so most recently in 2002.31 During this period, the median length of time a temporary district
court judgeship existed prior to being made permanent by Congress was 7.3 years.32
31 68 Cong. Ch. 233 (February 16, 1925) and P.L. 107-273 (November 2, 2022), respectively.
32 This calculation excludes the 10 existing temporary district court judgeships.
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Temporary Judgeships: Frequently Asked Questions
Figure 3. Temporary U.S. District Court Judgeships Authorized by Congress
(1898-2023)
Source: CRS compilation of data provided by the Administrative Office of the U.S. Courts at
https://www.uscourts.gov/sites/default/files/district-temporary-judgeships_0.pdf.
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The temporary district court judgeship authorized for the shortest period of time prior to being
made permanent by Congress was for the Eastern District of Oklahoma. This judgeship, created
in 1922, was authorized for nearly two and a half years before it was made permanent in 1925.33
The temporary district court judgeship authorized for the longest period of time prior to being
made permanent by Congress was a judgeship authorized to serve both the Northern and Southern
Districts of West Virginia. This judgeship, created in 1936, was authorized for over 17 years
before it was made permanent in 1954.34
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).35 The most recent expiration of
a temporary district court judgeship occurred when a judgeship for the Northern District of Ohio,
which had been authorized for over 20 years, expired on December 27, 2010.36 Of the 32
temporary district court judgeships that have expired since 1898, this particular temporary
judgeship for the Northern District of Ohio was authorized for the longest period of time prior to
expiration.37
From 1898 to 2010, the median length of time a temporary district court judgeship existed prior
to expiration was 3.4 years.38
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.39
The temporary district court judgeship authorized for the longest period of time prior to
expiration was a temporary judgeship for the Northern District of Ohio (discussed above). 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 2004.40
Figure 3 provides additional historical details about the temporary district judgeships authorized
by Congress. Congress first authorized more than a single temporary district court judgeship in
1922.41 Of the 21 temporary judgeships authorized by Congress in 1922, 18 (86%) were later
made permanent.42 In contrast, each of the seven temporary judgeships authorized by Congress
prior to 1922 had lapsed.
33 67 Cong. Ch. 306 (September 14, 1922) and 68 Cong. Ch. 233 (February 16, 1925), respectively.
34 74 Cong. Ch. 695 (June 22, 1936) and 83 Cong. Ch. 6 (February 10, 1954), respectively.
35 The judgeship expired on April 9, 1989.
36 The temporary judgeship had been authorized by P.L. 101-650 (December 1, 1990).
37 Two other temporary judgeships for the Northern District of Ohio had previously expired on December 22, 1906, and
May 2, 1964, respectively.
38 This calculation excludes the 10 existing temporary district court judgeships.
39 67 Cong. Ch. 306 (September 14, 1922) and 68 Cong. Ch. 233 (February 16, 1925), respectively.
40 The temporary judgeship had been authorized by P.L. 101-650 (December 1, 1990) and expired on November 1,
2004.
41 The 21 temporary judgeships were authorized by 67 Cong. Ch. 306 (September 14, 1922).
42 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).
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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 by
the same legislation as at least one other temporary judgeship.43 The greatest number of
temporary judgeships authorized by the same legislation occurred in 1922 (21 judgeships), 1990
(13), 1984 (8), 1940 (7), and 2002 (7).44
As also shown by Figure 3, the extension of temporary judgeships by Congress is a relatively
recent phenomenon. None of the 79 temporary judgeships authorized prior to 1990 were extended
by Congress prior to either being made permanent or expiring. Of the 20 temporary judgeships
authorized since 1990, 17 (85%) were, or have been, extended at least once.45
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 1992.46
What Policy Options Are Available to Congress for
Current Temporary Judgeships?
As discussed above with the hypothetical accompanying Figure 1, Congress has three policy
options for the temporary judgeships that are now authorized. These options are as follows:
Congress can let a temporary judgeship expire by not extending its current
lapse date. If not extended, each of the 10 temporary district court judgeships
will lapse or expire at some point between April 7, 2024, and September 30,
2024. If a temporary judgeship lapses or expires for a particular district 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. In contrast, 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).
Congress can extend a temporary judgeship beyond its current lapse date.
At present, the 10 current temporary district court judgeships have been extended
43 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.
44 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).
45 As discussed above, this includes each of the 10 temporary district court judgeships that are currently authorized.
46 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).
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Temporary Judgeships: Frequently Asked Questions
between 9 and 18 times. In recent years, Congress has typically extended each
temporary district court judgeship for one additional year during the annual
appropriations process for the federal judiciary. Congress could again extend the
lapse dates for the 10 temporary judgeships for an additional year, pushing the
lapse dates into 2025, or Congress could instead extend one or more of the
temporary judgeships for a period of time longer than a single year. For example,
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 can pass legislation to convert one or more of the temporary
judgeships to permanent status (thereby increasing the number of permanent
judgeships for one or more courts with a temporary judgeship). In its most recent
recommendation at the beginning of the 117th Congress, the Judicial Conference
recommended converting 9 of the 10 current temporary judgeships to permanent
judgeships. The number of permanent district court judgeships increased to 663
in 2003 during the 108th Congress and has remained at that number to the present
day. This represents the longest period of time since district courts were
established in 1789 that Congress has not authorized any new permanent district
court judgeships (including the conversion of temporary judgeships to permanent
status). Additionally, 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.
Author Information
Barry J. McMillion
Analyst in American National Government
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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