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Residence Requirements


United States Code Title: 28 Judiciary And Judicial Procedure.

Chapter 3 Title: COURTS OF APPEALS

Section 44 Title: Appointment, tenure, residence and salary of circuit judges.

(a) The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows:

CircuitsNumber of Judges
District of Columbia11

(b) Circuit judges shall hold office during good behavior.

(c) Except in the District of Columbia, each circuit judge shall be a resident of the circuit for which appointed at the time of his appointment and thereafter while in active service. While in active service, each circuit judge of the Federal judicial circuit appointed after the effective date of the Federal Courts Improvement Act of 1982, and the chief judge of the Federal judicial circuit, whenever appointed, shall reside within fifty miles of the District of Columbia. In each circuit (other than the Federal judicial circuit) there shall be at least one circuit judge in regular active service appointed from the residents of each state in that circuit.

(d) Each circuit judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title.


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