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             Congressional
             SResearch Service





Recommendation for New U.S. Circuit and

District Court Judgeships by the Judicial

Conference of the United States (117th

Congress)



March   26, 2021
Congress determines, through legislative action, both the size and structure of the federal judiciary.
Consequently, the creation of any new permanent or temporary U.S. circuit and district court judgeships
must be authorized by Congress. Congress can authorize either permanent or temporary judgeships. A
permanent judgeship, as the term suggests, permanently increases the number of judgeships for a court,
whereas a temporary judgeship increases the number of judgeships for a specified amount of time
(although Congress can later convert such a judgeship to a permanent one).
Figure 1 shows, for the period 1891 (when Congress established nine courts of appeals, one for each
judicial circuit at the time) through 2020, changes in the number of U.S. circuit and district court
judgeships authorized by Congress. As the country's population increased, its geographic boundaries
expanded, and federal case law became more complex, the number of judgeships authorized by Congress
increased regularly during the 19th and 20th centuries.
The number of permanent circuit courtjudgeships increased to 179 in 1990 during the 101St Congress and
has remained at that number to the present day. This represents the longest period of time since 1891 that
Congress has not authorized any new permanent circuit court judgeships.
The number of permanent district courtjudgeships 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.






                                                            Congressional Research Service
                                                            https://crsreports.congress.gov
                                                                                IN11639

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