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28 U.S.C. § 546 — Vacancies

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 546 — Vacancies

**(a)** Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. **(b)** The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent. **(c)** A person appointed as United States attorney under this section may serve until the earlier of— (1) the qualification of a United States attorney for such district appointed by the President under [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section541&num=0&edition=prelim); or (2) the expiration of 120 days after appointment by the Attorney General under this section. **(d)** If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

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Stable record: federal_law:legal_authorities:record_usc_881ab954cf4c8adf3d0b6eb9
Source file: Laws/federal/codes/united-states-code/title-28/section-546-vacancies--14ea99024a.md
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Passage SHA-256: 42b82341faf877877b3b34596687d6ba3508efea3f9ff27ca9e2fa2be43ba816

Source location: Title 28, Chapter 35, § 546; chapter-035-united-states-attorneys.md

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**(a)** Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. **(b)** The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent. **(c)** A person appointed as United States attorney under this section may serve until the earlier of— (1) the qualification of a United States attorney for such district appointed by the President under [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section541&num=0&edition=prelim); or (2) the expiration of 120 days after appointment by the Attorney General under this section. **(d)** If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 541 — United States attorneys

**(a)** The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district. **(b)** Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies. **(c)** Each United States attorney is subject to removal by the President.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 566 — Powers and duties

**(a)** It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law. **(b)** The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court. **(c)** Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties. **(d)** Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. **(e)** (1) The United States Marshals Service is authorized to— (A) provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding; (B) investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General;

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 511 — Attorney General to advise the President

The Attorney General shall give his advice and opinion on questions of law when required by the President.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 506 — Assistant Attorneys General

The President shall appoint, by and with the advice and consent of the Senate, 11 Assistant Attorneys General, who shall assist the Attorney General in the performance of his duties.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1 — Number of justices; quorum

The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 711 — Clerks and employees

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 546 — Vacancies

Page 232 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 546 District of Columbia was added because of the rel- atively small and congested area of the District, as a result of which few Federal officers are appointed from the District or reside therein. Also the residence re- quirement of this section has no relation to domicile or voting residence nor does it affect the citizenship or residence status of District of Columbia officeholders in the several States from which appointed. Only citizens of Hawaii resident therein at least 3 years preceding appointment may be appointed as United States Attorneys for the district of Hawaii. See section 501 [now 541] of this title. Other provisions of section 524 of title 28, U.S.C., 1940 ed., were incorporated in sections 541 [see 561] and 751 of this title. Changes were made in phraseology. Editorial Notes PRIOR PROVISIONS A prior section 545, act June 25, 1948, ch. 646, 62 Stat. 911, related to vacancies in the office of the United States Marshal, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 565 of this title by section 4(c) of Pub. L. 89–554. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–177 inserted at end ‘‘Pursuant to an order from the Attorney General or his designee, a United States attorney or an assistant United States attorney may be assigned dual or addi- tional responsibilities that exempt such officer from the residency requirement in this subsection for a spe- cific period as established by the order and subject to renewal.’’ 1994—Subsec. (a). Pub. L. 103–322 struck out ‘‘and as- sistant United States attorney’’ after ‘‘Each United States attorney’’ and inserted after first sentence ‘‘Each assistant United States attorney shall reside in the district for which he or sh

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