US (United States) Code. Title 28. Part III: Court officers and employees. Chapter 45: Supreme Court

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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28 USC CHAPTER 45 - SUPREME COURT 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 45 - SUPREME COURT

-HEAD-

CHAPTER 45 - SUPREME COURT

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Sec.

671. Clerk.

672. Marshal.

673. Reporter.

674. Librarian.

675. Law clerks and secretaries.

676. Printing and binding.

677. Administrative Assistant to the Chief Justice.

AMENDMENTS

1972 - Pub. L. 92-238, Sec. 2, Mar. 1, 1972, 86 Stat. 46, added

item 677.

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28 USC Sec. 671 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 45 - SUPREME COURT

-HEAD-

Sec. 671. Clerk

-STATUTE-

(a) The Supreme Court may appoint and fix the compensation of a

clerk and one or more deputy clerks. The clerk shall be subject to

removal by the Court. Deputy clerks shall be subject to removal by

the clerk with the approval of the Court or the Chief Justice of

the United States.

[(b) Repealed. Pub. L. 92-310, title II, Sec. 206(c), June 6,

1972, 86 Stat. 203.]

(c) The clerk may appoint and fix the compensation of necessary

assistants and messengers with the approval of the Chief Justice of

the United States.

(d) The clerk shall pay into the Treasury all fees, costs, and

other moneys collected by him. He shall make annual returns thereof

to the Court under regulations prescribed by it.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 918; Pub. L. 88-279, Sec. 1, Mar.

10, 1964, 78 Stat. 158; Pub. L. 92-310, title II, Sec. 206(c), June

6, 1972, 86 Stat. 203.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 325, 326, 327, 541 and

542 (Feb. 22, 1875, ch. 95, Secs. 2, 3, 18 Stat. 333; Mar. 3, 1883,

ch. 143, 22 Stat. 631; Mar. 15, 1898, ch. 68, Sec. 8, 30 Stat. 317;

Mar. 3, 1911, ch. 231, Secs. 219, 220, 221, 291, 36 Stat. 1152,

1153, 1167; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).

This section consolidates sections 541 and 542 of title 28,

U.S.C., 1940 ed., with parts of sections 325, 326 and 327 of such

title.

The provisions in said section 325 relating to appointment of a

marshal and reporter are incorporated in sections 672 and 673 of

this title.

The provisions in section 327 of title 28, U.S.C., 1940 ed.,

relating to duties and liabilities of the clerk's deputies are

incorporated in section 954 of this title.

The provision of section 326 of title 28, U.S.C., 1940 ed., that

a duly certified copy of the clerk's bond should be competent

evidence in any court, is incorporated in section 1737 of this

title.

The provision that the clerk shall be subject to removal by the

Court is new. Section 327 of title 28, U.S.C., 1940 ed., contained

a similar provision as to deputies, but fixed no term of office for

the clerk and made no provision for his removal. The Supreme Court

held, in 1839, that a district judge had power to remove his clerk

at pleasure in absence of any law fixing the clerk's tenure. In re

Hennen, 38 U.S. 230, 13 Pet. 230, 10 L.Ed. 138. (See, also Myers v.

U.S., 1926, 47 S.Ct. 21, 272 U.S. 52, 71 L.Ed. 160.)

The provision in section 326 of title 28, U.S.C., 1940 ed., that

the clerk's bond be not less than $5,000 and not more than $20,000

was omitted. The Supreme Court should have wide discretion in such

administrative matters. (See Hearings before Appropriations

Committee, House of Representatives, 78th Cong., 2d sess., on

Judiciary Appropriation Bill for 1945, page 102.)

A provision of section 326 of title 28, U.S.C., 1940 ed., that a

renewed or augmented bond should be required upon the Attorney

General's motion and after thirty days' notice was omitted. The

manner of requiring such bond is left to the Court's discretion by

the revised section.

A further provision of section 326 of title 28, U.S.C., 1940 ed.,

that the failure to furnish such renewed or augmented bond should

vacate the clerk's office was omitted as unnecessary, since the

clerk is removable by the Court under this section.

The references in section 541 of title 28, U.S.C., 1940 ed., to

return "under oath" to be made "on the 1st day of January of each

year, or thirty days thereafter" and "on a form prescribed by the

Attorney General", were omitted as fully covered by the revised

language "annual returns" under "regulations prescribed by the

Court". Verification seems unnecessary especially as clerks of the

courts of appeals are not required to submit similar returns under

oath (see section 711 of this title). "Court" was substituted for

"Attorney General", since the latter's powers and functions in

court administrative matters have been transferred to the Director

of the Administration Office of the United States Courts. (See

sections 604 and 607 of this title.) The Director, however,

exercises no authority in Supreme Court matters.

Section 542 of title 28, U.S.C., 1940 ed., provided that the

clerk "shall not retain", out of fees received, more than $6,000

annually above clerk hire and expenses; that the surplus should be

paid into the Treasury. Such indirect and unusual provision is

simplified in this section by providing that his salary shall be

fixed by the Court. Such salary limitation is omitted as

inconsistent with larger salaries paid other clerks of courts.

The provisions that the Court shall fix the compensation of

deputy clerks, and that the clerk shall fix the compensation of

assistants and messengers with the approval of the Chief Justice,

are new. Current appropriation Acts providing that the compensation

of officers and employees of the Supreme Court, other than clerk

and reporter shall be fixed by the court, unnecessarily burden the

court with administrative details. Provision for allowance and

approval of payments of compensation and office expenses by the

clerk upon allowance and approval by the Chief Justice, instead of

by the Court, was inserted with the approval of the Judicial

Conference Committee on Revision of the Judicial Code as not

inconsistent with section 542 of title 28, U.S.C., 1940 ed.

References in sections 541 and 542 of title 28, U.S.C., 1940 ed.,

to certification of expenses by the justices and for audit and

allowances by the General Accounting Office, were omitted as

unnecessary in view of this section.

Changes were made in phraseology.

AMENDMENTS

1972 - Subsec. (b). Pub. L. 92-310 repealed subsec. (b) which

related to bond of Clerk of Supreme Court.

1964 - Subsec. (c). Pub. L. 88-279 struck out provision for

disbursement by clerk of compensation of clerk, his deputies,

assistants, and messengers and the necessary expenses of office

from the fees collected by clerk, upon allowance and approval by

Chief Justice of the United States.

Subsec. (d). Pub. L. 88-279 substituted "moneys collected by him"

for "emoluments of his office over and above his lawful

disbursements".

EFFECTIVE DATE OF 1964 AMENDMENT

Section 4 of Pub. L. 88-279 provided that: "The amendments

proposed in this Act [amending this section and section 672 of this

title] shall become effective only when funds have been

appropriated and are available to pay the salaries and other

expenses of the clerk's office."

APPROPRIATIONS

Section 3 of Pub. L. 88-279 provided that: "There are hereby

authorized to be appropriated annually such sums as are necessary

to carry out the provisions of this Act [amending this section and

section 672 of this title]."

-End-

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28 USC Sec. 672 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 45 - SUPREME COURT

-HEAD-

Sec. 672. Marshal

-STATUTE-

(a) The Supreme Court may appoint a marshal, who shall be subject

to removal by the Court, and may fix his compensation.

(b) The marshal may, with the approval of the Chief Justice of

the United States, appoint and fix the compensation of necessary

assistants and other employees to attend the Court, and necessary

custodial employees.

(c) The marshal shall:

(1) Attend the Court at its sessions;

(2) Serve and execute all process and orders issued by the

Court or a member thereof;

(3) Take charge of all property of the United States used by

the Court or its members;

(4) Disburse funds appropriated for work upon the Supreme Court

building and grounds under the jurisdiction of the Architect of

the Capitol upon certified vouchers submitted by the Architect;

(5) Disburse funds appropriated for the purchase of books,

pamphlets, periodicals and other publications, and for their

repair, binding, and rebinding, upon vouchers certified by the

librarian of the Court;

(6) Pay the salaries of the Chief Justice, associate justices,

and all officers and employees of the Court and disburse other

funds appropriated for disbursement, under the direction of the

Chief Justice;

(7) Pay the expenses of printing briefs and travel expenses of

attorneys in behalf of persons whose motions to appear in forma

pauperis in the Supreme Court have been approved and when counsel

have been appointed by the Supreme Court, upon vouchers certified

by the clerk of the Court;

(8) Oversee the Supreme Court Police.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 918; Pub. L. 88-279, Sec. 2, Mar.

10, 1964, 78 Stat. 158; Pub. L. 97-390, Sec. 2, Dec. 29, 1982, 96

Stat. 1958.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 325, 331, and section

13d of title 40, U.S.C., 1940 ed., Public Buildings, Property and

Works (Mar. 3, 1911, ch. 231, Secs. 219, 224, 36 Stat. 1152, 1153;

April 11, 1928, ch. 358, 45 Stat. 424; May 7, 1934, ch. 222, Sec.

4, 48 Stat. 668).

This section consolidates part of section 325 of title 28,

U.S.C., 1940 ed., with section 331 of such title and section 13d of

title 40, U.S.C., 1940 ed.

Provisions of section 325 of title 28, U.S.C., 1940 ed., relating

to appointment of clerk and reporter of the Supreme Court are

incorporated in sections 671 and 673 of this title.

Provision of section 331 of title 28, U.S.C., 1940 ed., fixing

the marshal's salary at "not to exceed $5,500 per annum" was

omitted and the court given authority to fix the salary in

conformity with sections 671 and 673 of this title relating to the

clerk and the reporter.

Part of subsection (c)(5) is new. It recognizes the propriety of

certification by the Court Librarian of vouchers for expenditures

for the library. (See reviser's note under section 674 of this

title.)

The marshal's duties as superintendent of the Supreme Court

building are incorporated in section 13c of title 40, U.S.C., 1940

ed.

Changes were made in phraseology.

AMENDMENTS

1982 - Subsec. (c)(8). Pub. L. 97-390 added par. (8).

1964 - Subsec. (c)(6). Pub. L. 88-279, Sec. 2(a), struck out

"except the clerk, his deputies and employees," after "employees of

the Court".

Subsec. (c)(7). Pub. L. 88-279, Sec. 2(b), added par. (7).

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-279 effective upon appropriation and

availability of funds to pay salaries and other expenses of the

clerk's office, see section 4 of Pub. L. 88-279, set out as a note

under section 671 of this title.

APPROPRIATIONS

Annual appropriations to carry out amendment of this section by

Pub. L. 88-279, see section 3 of Pub. L. 88-279, set out as a note

under section 671 of this title.

-End-

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28 USC Sec. 673 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 45 - SUPREME COURT

-HEAD-

Sec. 673. Reporter

-STATUTE-

(a) The Supreme Court may appoint and fix the compensation of a

reporter of its decisions who shall be subject to removal by the

Court.

(b) The reporter may appoint and fix the compensation of

necessary professional and clerical assistants and other employees,

with the approval of the Court or the Chief Justice of the United

States.

(c) The reporter shall, under the direction of the Court or the

Chief Justice, prepare the decisions of the Court for publication

in bound volumes and advance copies in pamphlet installments.

The reporter shall determine the quality and size of the paper,

type, format, proofs and binding subject to the approval of the

Court or the Chief Justice.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 919.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 325, 332, and 333

(Mar. 3, 1911, ch. 231, Secs. 219, 225, 226, 36 Stat. 1152, 1153;

July 1, 1922, ch. 267, Secs. 1, 2, 42 Stat. 816; May 29, 1926, ch.

425, Sec. 1, 44 Stat. 677).

This section consolidates sections 332 and 333 of title 28,

U.S.C., 1940 ed., with part of section 325 of such title.

Provisions of section 325 of title 28, U.S.C., 1940 ed., relating

to appointment of clerk and marshal of the Supreme Court are

incorporated in sections 671 and 672 of this title.

The provision as to tenure is new and is added to insure

consistency with other revised sections relating to tenure of court

officers.

The provisions of section 333 of title 28, U.S.C., 1940 ed.,

fixing the reporter's salary at $8,000 per annum were omitted and

the Court given authority to fix the salary in conformity with

sections 671 and 672 of this title relating to the clerk and the

marshal.

Provisions of section 333 of title 28, U.S.C., 1940 ed., for

allowance of stationery, supplies, equipment, and office rent are

omitted as obsolete. Offices are now provided in the Supreme Court

building and supplies are furnished by the marshal.

The last sentence of section 333 of title 28, U.S.C., 1940 ed.,

relating to the payment of the reporter's expenses from

appropriation for the Supreme Court, was omitted as surplusage.

The revised section makes specific the implied power to fix the

compensation of the reporter's assistants.

The provision in section 332 of title 28, U.S.C., 1940 ed.,

authorizing the Public Printer to do the printing referred to in

such section, was omitted as unnecessary. (See section 111 of title

44, U.S.C., 1940 ed., Public Printing and Documents.)

Authority for making an appropriation to carry into effect the

provisions of this section relating to compensation and allowances

of the reporter, compensation of his assistants, and preparation of

the decisions of the Supreme Court for publication, is contained in

section 336 of title 28, U.S.C., 1940 ed. (Acts July 1, 1922, ch.

267, Sec. 5, 42 Stat. 818; May 29, 1926, ch. 425, Sec. 3, 44 Stat.

678), which is omitted, but not repealed, as unnecessary in this

revision.

-End-

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28 USC Sec. 674 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 45 - SUPREME COURT

-HEAD-

Sec. 674. Librarian

-STATUTE-

(a) The Supreme Court may appoint a librarian, whose salary it

shall fix, and who shall be subject to removal by the Court.

(b) The librarian shall, with the approval of the Chief Justice,

appoint necessary assistants and fix their compensation and make

rules governing the use of the library.

(c) He shall select and acquire by purchase, gift, bequest, or

exchange, such books, pamphlets, periodicals, microfilm and other

processed copy as may be required by the Court for its official use

and for the reasonable needs of its bar.

(d) The librarian shall certify to the marshal for payment

vouchers covering expenditures for the purchase of such books and

other material, and for binding, rebinding and repairing the same.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 919; Pub. L. 92-310, title II,

Sec. 206(d), June 6, 1972, 86 Stat. 203.)

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HISTORICAL AND REVISION NOTES

This section gives statutory recognition to the office of

librarian. For many years the Court has appointed its librarian

directly through the Chief Justice, rather than through the

marshal. Other members of the library staff are appointed by the

librarian, with the approval of the Chief Justice.

Under this section the marshal will not be required to certify to

expenditures for some 2,000 books bought for the library each year

but this will be the duty of the librarian.

AMENDMENTS

1972 - Subsec. (d). Pub. L. 92-310 struck out sentence which

required the librarian to furnish a bond.

-End-

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28 USC Sec. 675 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 45 - SUPREME COURT

-HEAD-

Sec. 675. Law clerks and secretaries

-STATUTE-

The Chief Justice of the United States, and the associate

justices of the Supreme Court may appoint law clerks and

secretaries whose salaries shall be fixed by the Court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 919.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1926 ed., Sec. 328 (June 1, 1922, ch.

204, title II, 42 Stat. 614; Jan. 3, 1923, ch. 21, title II, 42

Stat. 1081; May 28, 1924, ch. 204, title II, 43 Stat. 218; Feb. 27,

1925, ch. 364, title II, 43 Stat. 1028).

Section is derived from Appropriation Acts for fiscal years cited

in the credits. It was omitted from the 1934 and 1940 editions of

the U.S. Code because it was considered to be probably of a

temporary nature. This section is consistent with other provisions

authorizing the appointment of similar personnel for circuit and

district judges.

The 1942 appropriation act (July 2, 1942, ch. 472, title IV, 56

Stat. 501) made provision for "all other officers and employees,

whose compensation shall be fixed by the Court, except as otherwise

provided by law and who may be assigned by the Chief Justice to any

office or work of the Court."

The salary limitation of $3,600 was omitted and the Court

authorized to fix law clerks' salaries. Current appropriation acts

provide that salaries of the Court's officers and employees, except

the clerk and reporter, shall be fixed by the Court.

See section 711 et seq. and section 751 et seq., of this title,

relating to appointment of law clerks and secretaries to circuit

and district judges.

Changes were made in phraseology.

-End-

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28 USC Sec. 676 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 45 - SUPREME COURT

-HEAD-

Sec. 676. Printing and binding

-STATUTE-

(a) The printing and binding for the Supreme Court, including the

printing and binding of individual copies, advance pamphlet

installments, and bound volumes, of its decisions, whether

requisitioned or ordered by the Court or any of its officers or by

any other office or agency, and whether paid for by, or charged to

the appropriation for, the Court or any other office or agency,

shall be done by the printer or printers whom the Court or the

Chief Justice of the United States may select, unless it shall

otherwise order.

(b) Whenever advance pamphlet installments and bound volumes of

the Court's decisions are printed by a private printer, an adequate

number of copies for distribution in accordance with the

requirements of section 411 of this title and for sale to the

public shall be provided and made available for these purposes in

such manner and at such prices as may be determined from time to

time by the Supreme Court or the Chief Justice of the United

States, in lieu of compliance by the Public Printer and the

Superintendent of Documents with the requirements of sections 411

and 412 of this title with respect to such copies. Pending

distribution or sale, such copies shall be the property of the

United States and shall be held in the custody of the marshal or

such other person, organization, or agency, as the Supreme Court or

the Chief Justice of the United States may designate.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 919; May 24, 1949, ch. 139, Sec.

74, 63 Stat. 100; Oct. 31, 1951, ch. 655, Sec. 45, 65 Stat. 725.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 354 (Feb. 27, 1925, ch.

364, title II, 43 Stat. 1028; Apr. 29, 1926, ch. 195, title II, 44

Stat. 344; Feb. 24, 1927, ch. 189, title II, 44 Stat. 1194; Feb.

15, 1928, ch. 57, title II, 45 Stat. 79; Jan. 25, 1929, ch. 102,

title II, 45 Stat. 1109; Apr. 18, 1930, ch. 184, title II, 46 Stat.

188; Feb. 23, 1931, ch. 280, title II, 46 Stat. 1323; July 1, 1932,

ch. 361, title II, 47 Stat. 490; Mar. 1, 1933, ch. 144, title II,

47 Stat. 1382; Apr. 7, 1934, ch. 104, title II, 48 Stat. 539).

The section was expanded to include the printing and binding of

the official edition of the court's decisions, thus making possible

an economy in the expenditure of Government funds by having the

printing and binding done by the same printer.

Subsection (b) of the revised section was supplied to conform to

sections 411 and 412 of this title.

1949 ACT

This section corrects a grammatical error in subsection (a) of

section 676 of title 28, U.S.C.

AMENDMENTS

1951 - Subsec. (b). Act Oct. 31, 1951, inserted "of this title"

in two places.

1949 - Subsec. (a). Act May 24, 1949, inserted "whom" between

"printers" and "the Court".

-End-

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28 USC Sec. 677 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 45 - SUPREME COURT

-HEAD-

Sec. 677. Administrative Assistant to the Chief Justice

-STATUTE-

(a) The Chief Justice of the United States may appoint an

Administrative Assistant who shall serve at the pleasure of the

Chief Justice and shall perform such duties as may be assigned to

him by the Chief Justice. The salary payable to the Administrative

Assistant shall be fixed by the Chief Justice at a rate which shall

not exceed the salary payable to the Director of the Administrative

Office of the United States Courts. The Administrative Assistant

may elect to bring himself within the same retirement program

available to the Director of the Administrative Office of the

United States Courts, as provided by section 611 of this title, by

filing a written election with the Chief Justice within the time

and in the manner prescribed by section 611.

(b) The Administrative Assistant, with the approval of the Chief

Justice, may appoint and fix the compensation of necessary

employees. The Administrative Assistant and his employees shall be

deemed employees of the Supreme Court.

(c)(1) Notwithstanding section 1342 of title 31, the

Administrative Assistant, with the approval of the Chief Justice,

may accept voluntary personal services to assist with public and

visitor programs.

(2) No person may volunteer personal services under this

subsection unless the person has first agreed, in writing, to waive

any claim against the United States arising out of or in connection

with such services, other than a claim under chapter 81 of title 5.

(3) No person volunteering personal services under this

subsection shall be considered an employee of the United States for

any purpose other than for purposes of -

(A) chapter 81 of title 5; or

(B) chapter 171 of this title.

(4) In the administration of this subsection, the Administrative

Assistant shall ensure that the acceptance of personal services

shall not result in the reduction of pay or displacement of any

employee of the Supreme Court.

-SOURCE-

(Added Pub. L. 92-238, Sec. 1, Mar. 1, 1972, 86 Stat. 46; amended

Pub. L. 105-233, Sec. 1, Aug. 13, 1998, 112 Stat. 1535.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-233 added subsec. (c).

-End-