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28 U.S.C. § 954 — Vacancy in clerk position; absence of clerk

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

28 U.S.C. § 954 — Vacancy in clerk position; absence of clerk

When the office of clerk is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office. When the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform the duties of the clerk in the name of the clerk. The court may designate a deputy clerk to act temporarily as clerk of the court in his or her own name.

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Stable record: federal_law:legal_authorities:record_usc_a1c44562c2995f79736c5268
Source file: Laws/federal/codes/united-states-code/title-28/section-954-vacancy-in-clerk-position-absence-of-clerk--b039331171.md
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Source location: Title 28, Chapter 57, § 954; chapter-057-general-provisions-applicable-to-court-officers-and-employees.md

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When the office of clerk is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office. When the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform the duties of the clerk in the name of the clerk. The court may designate a deputy clerk to act temporarily as clerk of the court in his or her own name.

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

28 U.S.C. § 671 — Clerk

**(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 **(b)** Repealed.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, § 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.

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

28 U.S.C. § 954 — Vacancy in clerk position; absence of clerk

Page 337 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 956 10, 1939, ch. 2, § 1114(a), 53 Stat. 160; Oct. 21, 1942, ch. 619, title V, § 504(a)(c), 56 Stat. 957; Feb. 25, 1944, ch. 63, title V, § 503, 58 Stat. 72). This section consolidates a part of section 525, sec- tions 264 and 523 of title 28, U.S.C., 1940 ed., part of sec- tion 1114(a) of title 26, U.S.C., 1940 ed., section 11–402 of the District of Columbia Code, 1940 ed., As respects acknowledgments, sections 264, 523 and 525 of title 28, U.S.C., 1940 ed., and section 11–402 of Dis- trict of Columbia Code, 1940 ed., referred only to the Court of Claims and the District Court for the District of Columbia. However, section 555 of said title 28, before amendment in 1944, provided for the collection of a fee by district court clerks for taking acknowledgments. The 1944 amendment provided for the fixing of fees by the Judicial Conference of the United States. If nota- ries and other minor officials may take acknowledg- ments there seems to be no reason why clerks of Fed- eral courts and their deputies should not have such power. Words ‘‘Except as provided in section 591 of this title,’’ in section 525 of title 28, U.S.C., 1940 ed., were omitted. Under such section 591, the provisions of such section 525 were inapplicable to the Territory of Alas- ka, but a later act of June 6, 1900, ch. 786, § 7, 31 Stat. 324, section 106 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, provided that clerks of the District Court for Alaska should perform the duties re- quired or authorized to be performed by clerks of United States courts in other districts. Provisions of section 525 of title 28, U.S.C., 1940 ed., relating to United States commissioners are incor- porated in section 637 of this

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