US (United States) Code. Title 28. Part III: Court officers and employees. Chapter 47: Courts of Appeals

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28 USC CHAPTER 47 - COURTS OF APPEALS 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 47 - COURTS OF APPEALS

-HEAD-

CHAPTER 47 - COURTS OF APPEALS

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Sec.

711. Clerks and employees.

712. Law clerks and secretaries.

713. Librarians.

714. Criers and messengers.

715. Staff attorneys and technical assistants.

AMENDMENTS

1982 - Pub. L. 97-164, title I, Sec. 120(b)(2), (c)(2), Apr. 2,

1982, 96 Stat. 33, substituted "Librarians" for "Criers, bailiffs

and messengers" in item 713 and added items 714 and 715.

-End-

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28 USC Sec. 711 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 47 - COURTS OF APPEALS

-HEAD-

Sec. 711. Clerks and employees

-STATUTE-

(a) Each court of appeals may appoint a clerk who shall be

subject to removal by the court.

(b) The clerk, with the approval of the court, may appoint

necessary deputies, clerical assistants and employees in such

number as may be approved by the Director of the Administrative

Office of the United States Courts. Such deputies, clerical

assistants and employees shall be subject to removal by the clerk

with the approval of the court.

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

other moneys collected by him and make returns thereof to the

Director of the Administrative Office of the United States Courts

under regulations prescribed by him.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 920.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 221 and 222, 544 and

546 and District of Columbia Code, 1940 ed., Sec. 11-204 (Mar. 3,

1891, ch. 517, Sec. 2, 26 Stat. 826; Feb. 9, 1893, ch. 74, Sec. 4,

27 Stat. 435; July 30, 1894, ch. 172, Sec. 1, 28 Stat. 160; June 6,

1900, ch. 791, Sec. 1, 31 Stat. 639; Mar. 3, 1901, ch. 854, Sec.

224, 31 Stat. 1224; June 30, 1902, ch. 1329, 32 Stat. 528; Mar. 3,

1911, ch. 231, Secs. 124, 125, 36 Stat. 1132; Aug. 23, 1912, ch.

350, 37 Stat. 412; Feb. 22, 1921, ch. 70, Sec. 7, 41 Stat. 1144;

June 1, 1922, ch. 204, title II, 42 Stat. 616; Mar. 4, 1923, ch.

265, 42 Stat. 1488; May 21, 1928, ch. 659, 45 Stat. 645).

This section consolidates section 546 of title 28, U.S.C., 1940

ed., with parts of sections 221, 222, and 544 of such title and a

part of section 11-204 of the District of Columbia Code, 1940 ed.

Other provisions of such sections are incorporated in sections 604,

713, 954, 956, 961, and 962 of this title. Some provisions of

section 11-204 of the District of Columbia Code, 1940 ed., were

retained in that code. (See reviser's note under section 604 of

this title.)

Discrepancies between such section 11-204 of District of Columbia

Code, 1940 ed., and the more general provisions of title 28 were

eliminated by adopting the more general provisions.

Words "Director of the Administrative Office of the United States

Courts" were substituted for "Attorney General," in view of the act

of Aug. 7, 1939, ch. 501, Sec. 6, 53 Stat. 1226, 28 U.S.C., 1940

ed., following Sec. 446.

A provision that the returns should be filed annually was changed

to place the times of accounting within the discretion of the

Director of the Administrative Office of the United States Courts,

who has supervision over such accounts. (See section 604 of this

title.)

This section is in harmony with section 671 of this title as to

accounting similarly by the Clerk of the Supreme Court.

"Court of appeals" was substituted for "circuit court of appeals"

to conform to section 43 of this title.

The provision that each clerk shall be removable by the court is

new. Section 222 of title 28, U.S.C., 1940 ed., provided that

deputies might be removed at the pleasure of the clerk, subject to

the court's approval, and there was no term of office specified for

the clerk and no provision for his removal.

The words "and other necessary employees" were added in

subsection (b) to supply an omission of existing law and to give

statutory authority for the appointment of necessary employees for

which compensation is annually appropriated.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 332 of this title.

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28 USC Sec. 712 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 47 - COURTS OF APPEALS

-HEAD-

Sec. 712. Law clerks and secretaries

-STATUTE-

Circuit judges may appoint necessary law clerks and secretaries.

A law clerk appointed under this section shall be exempt from the

provisions of subchapter I of chapter 63 of title 5, unless

specifically included by the appointing judge or by local rule of

court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 920; Pub. L. 100-702, title X,

Sec. 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 222a (Mar. 3, 1911, ch.

231, Sec. 118a, as added June 17, 1930, ch. 509, 46 Stat. 774).

Provision of section 222a of title 28, U.S.C., 1940 ed., relating

to compensation of law clerks is incorporated in section 604 of

this title. (See reviser's note under such section.)

Words "with the approval of the Attorney General," were omitted

to confer on circuit judges the same authority given Supreme Court

justices under section 675 of this title.

The provision for appointment of secretaries is new. Existing law

fixes compensation of secretaries but makes no provision for their

appointment. (See section 604 of this title and reviser's note

thereunder.)

Changes were made in phraseology.

AMENDMENTS

1988 - Pub. L. 100-702 inserted at end "A law clerk appointed

under this section shall be exempt from the provisions of

subchapter I of chapter 63 of title 5, unless specifically included

by the appointing judge or by local rule of court."

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28 USC Sec. 713 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 47 - COURTS OF APPEALS

-HEAD-

Sec. 713. Librarians

-STATUTE-

(a) Each court of appeals may appoint a librarian who shall be

subject to removal by the court.

(b) The librarian, with the approval of the court, may appoint

necessary library assistants in such numbers as the Director of the

Administrative Office of the United States Courts may approve. The

librarian may remove such library assistants with the approval of

the court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 920; May 24, 1949, ch. 139, Sec.

75, 63 Stat. 100; Pub. L. 97-164, title I, Sec. 120(b)(1), Apr. 2,

1982, 96 Stat. 33.)

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HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 547, and section 11-204

of District of Columbia Code, 1940 ed., (Mar. 3, 1891, ch. 517,

Sec. 9, 26 Stat. 829; Feb. 9, 1893, ch. 74, Sec. 4, 27 Stat. 435;

July 30, 1894, ch. 172, Sec. 1, 28 Stat. 160; Mar. 3, 1901, ch.

854, Sec. 224, 31 Stat. 1224; June 30, 1902, ch. 1329, 32 Stat.

528; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; Aug. 23, 1912,

ch. 350, 37 Stat. 412; Feb. 22, 1921, ch. 70, Sec. 7, 41 Stat.

1144; Mar. 4, 1923, ch. 265, 42 Stat. 1488; May 21, 1928, ch. 659,

45 Stat. 645).

Section consolidates parts of section 11-204 of the District of

Columbia Code, 1940 ed., and section 547 of title 28, U.S.C., 1940

ed.

The Judicial Code provided for the appointment of assistants and

messengers in the Supreme Court, criers and "persons to wait upon

juries" in the district courts, a messenger in the Court of Customs

and Patent Appeals, and a bailiff and a chief messenger in the

Court of Claims (see title 28, U.S.C., 1940 ed., Secs. 9, 244, 305,

331) and also provided (see same title, Sec. 547) that criers,

bailiffs and messengers of the courts of appeals should be allowed

the same compensation as allowed for similar services in the

district courts, but did not provide for the appointment of said

criers, bailiffs and messengers. This section authorizes such

appointments.

The provisions of section 224 of title 28, U.S.C., 1940 ed., that

the United States marshal shall provide for the expenses of criers,

bailiffs and messengers for the circuit courts of appeals are

superseded by sections 601-610 of this title vesting such functions

in the Administrative Office of the United States Courts.

Provisions of section 11-204 of District of Columbia Code, 1940

ed., relating to appointment and compensation of clerk of the

United States Court of Appeals for the District of Columbia are

incorporated in sections 711 and 604 of this title, respectively.

Other provisions of such section were retained in the District of

Columbia Code. (See reviser's note under section 604 of this

title.)

Compensation of bailiffs is provided by section 755 of this

title. Other provisions of section 547 of title 28, U.S.C., 1940

ed., relating to compensation of criers, clerks, and messengers are

incorporated in section 604 of this title.

Marshal for the Court of Appeals for the District of Columbia was

authorized by the District of Columbia Appropriation Act of June

29, 1937, 50 Stat. 378.

The duties of criers and bailiffs are made specific consistently

with section 755 of this title, and existing administrative

practice.

The removal provisions are added to make this section consistent

with the same provisions in other sections relating to tenure of

court officers.

Changes in phraseology and arrangement were made.

1949 ACT

This section corrects typographical errors in section 713 of

title 28, U.S.C.

AMENDMENTS

1982 - Pub. L. 97-164 substituted "Librarians" for "Criers,

bailiffs, and messengers" in section catchline.

Subsec. (a). Pub. L. 97-164 struck out "and necessary library

assistants" after "Each court of appeals may appoint a librarian".

Subsec. (b). Pub. L. 97-164 substituted "The librarian, with the

approval of the court, may appoint necessary library assistants in

such numbers as the Director of the Administrative Office of the

United States Courts may approve" for "Each court of appeals,

except the Court of Appeals for the District of Columbia, may

appoint a crier and such messengers as may be necessary, all of

whom shall be subject to removal by the court" and "The librarian

may remove such library assistants with the approval of the court"

for "The crier shall also perform the duties of bailiff and

messenger".

Subsecs. (c), (d). Pub. L. 97-164 struck out subsecs. (c) and (d)

which had provided, respectively, that the Court of Appeals for the

District of Columbia could appoint a marshal, who would attend the

court at its sessions, be custodian of its courthouse, have

supervision over its custodial employees, take charge of all

property of the United States used by the court or its employees,

and perform such other duties as the court might direct, that the

court could also appoint necessary messengers who would be subject

to removal by the court, that the United States marshal of the

district in which a court of appeals was sitting or in which a

circuit judge was present in chambers, could, with the approval of

the court or judge, employ necessary bailiffs, that the bailiffs

would attend the court, preserve order, and perform such other

necessary duties as the court, judge or marshal might direct, and

that such bailiffs would receive the same compensation as bailiffs

employed for the district courts. See section 714 of this title.

1949 - Act May 24, 1949, inserted subsection designation (b)

preceding second par. and renumbered former subsecs. (b) and (c) as

(c) and (d), respectively.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

CONTINUATION OF SERVICE OF MARSHAL FOR COURT OF APPEALS FOR

DISTRICT OF COLUMBIA; APPLICABILITY OF OTHER LAW TO COURT DURING

SUCH INDIVIDUAL'S SERVICE

Pub. L. 98-620, title IV, Sec. 415, Nov. 8, 1984, 98 Stat. 3364,

provided that: "Any individual who, on the date of the enactment of

the Federal Courts Improvement Act of 1982 [Pub. L. 97-164, enacted

Apr. 2, 1982], was serving as marshal for the Court of Appeals for

the District of Columbia under section 713(c) of title 28, United

States Code, may, after the date of the enactment of this Act [Nov.

8, 1984], so serve under that section as in effect on the date of

the enactment of the Federal Courts Improvement Act of 1982. While

such individual so serves, the provisions of section 714(a) of

title 28, United States Code, shall not apply to the Court of

Appeals for the District of Columbia."

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28 USC Sec. 714 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 47 - COURTS OF APPEALS

-HEAD-

Sec. 714. Criers and messengers

-STATUTE-

(a) Each court of appeals may appoint a crier who shall be

subject to removal by the court.

(b) The crier, with the approval of the court, may appoint

necessary messengers in such number as the Director of the

Administrative Office of the United States Courts may approve. The

crier may remove such messengers with the approval of the court.

The crier shall also perform the duties of bailiff and messenger.

-SOURCE-

(Added Pub. L. 97-164, title I, Sec. 120(c)(1), Apr. 2, 1982, 96

Stat. 33.)

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EFFECTIVE DATE

Section effective Oct. 1, 1982, see section 402 of Pub. L.

97-164, set out as an Effective Date of 1982 Amendment note under

section 171 of this title.

APPLICABILITY OF THIS SECTION TO COURT OF APPEALS FOR DISTRICT OF

COLUMBIA DURING CONTINUED SERVICE OF MARSHAL FOR COURT IN OFFICE ON

APR. 2, 1982

Subsec. (a) of this section not applicable to the Court of

Appeals for the District of Columbia during the continued service

as Marshal for such Court of any individual who was serving in such

office under section 713(c) of this title as of Apr. 2, 1982, see

section 415 of Pub. L. 98-620, set out as a note under section 713

of this title.

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28 USC Sec. 715 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 47 - COURTS OF APPEALS

-HEAD-

Sec. 715. Staff attorneys and technical assistants

-STATUTE-

(a) The chief judge of each court of appeals, with the approval

of the court, may appoint a senior staff attorney, who shall be

subject to removal by the chief judge with the approval of the

court.

(b) The senior staff attorney, with the approval of the chief

judge, may appoint necessary staff attorneys and secretarial and

clerical employees in such numbers as the Director of the

Administrative Office of the United States Courts may approve, but

in no event may the number of staff attorneys exceed the number of

positions expressly authorized in an annual appropriation Act. The

senior staff attorney may remove such staff attorneys and

secretarial and clerical employees with the approval of the chief

judge.

(c) The chief judge of the Court of Appeals for the Federal

Circuit, with the approval of the court, may appoint a senior

technical assistant who shall be subject to removal by the chief

judge with the approval of the court.

(d) The senior technical assistant, with the approval of the

court, may appoint necessary technical assistants in such number as

the Director of the Administrative Office of the United States

Courts may approve, but in no event may the number of technical

assistants in the Court of Appeals for the Federal Circuit exceed

the number of circuit judges in regular active service within such

circuit. The senior technical assistant may remove such technical

assistants with the approval of the court.

-SOURCE-

(Added Pub. L. 97-164, title I, Sec. 120(c)(1), Apr. 2, 1982, 96

Stat. 34.)

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EFFECTIVE DATE

Section effective Oct. 1, 1982, see section 402 of Pub. L.

97-164, set out as an Effective Date of 1982 Amendment note under

section 171 of this title.

-End-