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28 U.S.C. § 569 — Reemployment rights
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A United States marshal for a judicial district who was appointed from a position in the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)) in the United States Marshals Service and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from such office, is entitled to be reemployed in any vacant position in the competitive service in the United States Marshals Service at the same grade or pay level, or lower, as the individual’s former position if—
(1) the individual is qualified for the vacant position; and
(2) the individual has made application for the position not later than ninety days after being removed from office as a United States marshal.
Such individual shall be so reemployed within thirty days after making such application or after being removed from office, whichever is later. An individual denied reemployment under this section in a position because the individual is not qualified for that position may appeal that denial to the Merit Systems Protection Board under [section 7701 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim).
**(b)** Any United States marshal serving on the effective date of this section shall continue to serve for the remainder of the term for which such marshal was appointed, unless sooner removed by the President.
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Stable record: federal_law:legal_authorities:record_usc_a7c8f052f365377874f3b1d1
Source file: Laws/federal/codes/united-states-code/title-28/section-569-reemployment-rights--d5ed2fb16d.md
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Source location: Title 28, Chapter 37, § 569; chapter-037-united-states-marshals-service.md
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**(a)** A United States marshal for a judicial district who was appointed from a position in the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)) in the United States Marshals Service and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from such office, is entitled to be reemployed in any vacant position in the competitive service in the United States Marshals Service at the same grade or pay level, or lower, as the individual’s former position if—
(1) the individual is qualified for the vacant position; and
(2) the individual has made application for the position not later than ninety days after being removed from office as a United States marshal.
Such individual shall be so reemployed within thirty days after making such application or after being removed from office, whichever is later. An individual denied reemployment under this section in a position because the individual is not qualified for that position may appeal that denial to the Merit Systems Protection Board under [section 7701 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim).
**(b)** Any United States marshal serving on the effective date of this section shall continue to serve for the remainder of the term for which such marshal was appointed, unless sooner removed by the President.
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Federal law — U.S. Code and appendices · legal_authorities
**(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;
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 566
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right—
(1) to a hearing for which a transcript will be kept; and
(2) to be represented by an attorney or other representative.
Appeals shall be processed in accordance with regulations prescribed by the Board.
**(b)**
(1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.
(2)
(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless—
(i) the deciding official determines that the granting of such relief is not appropriate; or
(ii)
(I) the relief granted in the decision prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The “competitive service” consists of—
(1) all civil service positions in the executive branch, except—
(A) positions which are specifically excepted from the competitive service by or under statute;
(B) positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; and
(C) positions in the Senior Executive Service;
(2) civil service positions not in the executive branch which are specifically included in the competitive service by statute; and
(3) positions in the government of the District of Columbia which are specifically included in the competitive service by statute.
**(b)** Notwithstanding subsection (a)(1)(B) of this section, the “competitive service” includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute.
**(c)** As used in other Acts of Congress, “classified civil service” or “classified service” means the “competitive service”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2102
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Federal law — U.S. Code and appendices · legal_authorities
The Chief Justice of the United States shall summon annually the chief judge of each judicial circuit, the chief judge of the Court of International Trade, and a district judge from each judicial circuit to a conference at such time and place in the United States as he may designate. He shall preside at such conference which shall be known as the Judicial Conference of the United States. Special sessions of the Conference may be called by the Chief Justice at such times and places as he may designate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 331
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided by law, each United States attorney, within his district, shall—
(1) prosecute for all offenses against the United States;
(2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned;
(3) appear in behalf of the defendants in all civil actions, suits or proceedings pending in his district against collectors, or other officers of the revenue or customs for any act done by them or for the recovery of any money exacted by or paid to these officers, and by them paid into the Treasury;
(4) institute and prosecute proceedings for the collection of fines, penalties, and forfeitures incurred for violation of any revenue law, unless satisfied on investigation that justice does not require the proceedings; and
(5) make such reports as the Attorney General may direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 547
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each district court may appoint a clerk who shall be subject to removal by the court.
**(b)** The clerk may appoint, with the approval of the court, 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 of each district court shall reside in the district for which he is appointed, except that the clerk of the district court for the District of Columbia and the Southern District of New York may reside within twenty miles thereof. The district court may designate places within the district for the offices of the clerk and his deputies, and their official stations.
**(d)** A clerk of a district court or his deputy or assistant shall not receive any compensation or emoluments through any office or position to which he is appointed by the court, other than that received as such clerk, deputy or assistant, whether from the United States or from private litigants.This subsection shall not apply to clerks or deputy clerks appointed as United States magistrate judges pursuant to [section 631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section631&num=0&edition=prelim).
**(e)** The clerk of each district court shall pay into the Treasury all fees, costs and other moneys collected by him, except naturalization fees listed in [section 742 of Title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section742&num=0&edition=prelim) and uncollected fees not required by Act of Congress to be prepaid.He shall make returns thereof to the Director of the Administrative Office
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 751
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Federal law — U.S. Code and appendices · legal_authorities
Page 241
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
[§§ 570, 571
proviso of such section 578a, prohibiting the collection
of fees from the United States, was omitted as covered
by section 2412 of this title, providing that the United
States should be liable only for fees when such liability
is expressly provided by Congress.
The provision of section 578a of title 28, U.S.C., 1940
ed., requiring that fees and emoluments collected by
the marshal shall be deposited by him in accordance
with the provisions of section 495 of title 31, U.S.C., 1940
ed., Money and Finance, was omitted as said section 495
governs such deposits without implementation in this
section.
Editorial Notes
PRIOR PROVISIONS
A prior section 567, added Pub. L. 89–554, § 4(c), Sept.
6, 1966, 80 Stat. 620, related to expenses of marshals,
prior to repeal by Pub. L. 100–690, § 7608(a)(1). See sec-
tion 565 of this title.
AMENDMENTS
1988—Pub. L. 100–690 renumbered section 572 of this
title as this section.
§ 568. Practice of law prohibited
A United States marshal or deputy marshal
may not practice law in any court of the United
States.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat.
621, § 575; renumbered § 568, Pub. L. 100–690, title
VII, § 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)
HISTORICAL AND REVISION NOTES
1966 ACT
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
.....................
28 U.S.C. 556.
[None].
The words ‘‘may not’’ are substituted for ‘‘shall not’’.
1948 ACT
Prior section 556.—Based on title 28, U.S.C., 1940 ed.,
§§ 395 and 396 (Mar. 3, 1911, ch. 231, §§ 273, 274, 36 Stat.
1164).
Section consolidates parts of sections 395 and 396 of
title 28, U.S.C., 1940 ed. Similar provisions in said sec-
tions, relating to clerks, are incorpora
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 569
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.