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 title. Provisions of section 264 of title 28, U.S.C., 1940 ed., and section 1114(a) of title 26, U.S.C., 1940 ed., relating to administration of oaths and acknowledgments by judges, are incorporated in section 459 of this title. For distribution of other provisions of such section 1114(a) of title 26, see Distribution Table. Changes in phraseology were made. SENATE REVISION AMENDMENT Those provisions of this section which related to the Tax Court were eliminated by Senate amendment, therefore section 1114(a) of Title 26, U.S.C., Internal Revenue Code, was not a part of the source of this sec- tion upon final enactment. The Senate amendments also eliminated section 1114(a) of the Internal Revenue Code from the schedule of repeals. See 80th Congress Senate Report No. 1559. § 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 oth- erwise 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. (June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 92–310, title II, § 206(f), June 6, 1972, 86 Stat. 203; Pub. L. 104–317, title II, § 204(a), Oct. 19, 1996, 110 Stat. 3850.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 8, 222 and 327 (Mar. 3, 1911, ch. 231, §§ 4, 125, 221, 36 Stat. 1087, 1132, 1153). Section consolidates parts of sections 8, 222 and 327 of title 28, U.S.C., 1940 ed. Sections 8, 222 and 327 of title 28, U.S.C., 1940 ed., re- lated only to district courts, courts of appeals and the Supreme Court, respectively. This section applies to all Federal courts and is in conformity with section 548 [546] of this title relating to death of a United States marshal. The provision for continuance of the salary of the clerk of the Supreme Court until his successor is ap- pointed and qualifies was inserted to preserve existing law as declared in the unpublished opinion of Chief Jus- tice Taft, March 23, 1932 (filed in the Department of Justice), with respect to a deceased clerk of the Su- preme Court. Other provisions of sections 8, 222 and 327 of title 28, U.S.C., 1940 ed., are incorporated in sections 671, 711, and 751 of this title. Editorial Notes AMENDMENTS 1996—Pub. L. 104–317 substituted ‘‘Vacancy in clerk position; absence of clerk’’ for ‘‘Death of clerk; duties of deputies’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Upon the death of any clerk of court, his deputy or deputies shall execute the duties of the deceased clerk in his name until his successor is appointed and quali- fies. ‘‘The compensation of a deceased clerk of the Su- preme Court may be paid to his personal representa- tives until his successor is appointed and qualifies.’’ 1972—Pub. L. 92–310 struck out ‘‘and remedies against’’ before ‘‘deputies’’ in section catchline and re- pealed provisions which related to the default or mis- feasance of a deputy in connection with the bond of a deceased clerk of a Federal court. § 955. Practice of law restricted The clerk of each court and his deputies and assistants shall not practice law in any court of the United States. (June 25, 1948, ch. 646, 62 Stat. 926.) HISTORICAL AND REVISION NOTES 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. The remainder, relating to United States marshals and their deputies, is incor- porated in section 556 of this title. Sections 395 and 396 of title 28, U.S.C., 1940 ed., have been extended to include all clerks, deputies, and as- sistants. The revised section substitutes as simpler and more appropriate, the prohibition against practice of law ‘‘in any court of the United States.’’ (See reviser’s note under section 556 of this title.) For explanation of provisions omitted from sections 395 and 396 of title 28, U.S.C., 1940 ed., also see reviser’s note under section 556 of this title. Changes in phraseology were made. § 956. Powers and duties of clerks and deputies The clerk of each court and his deputies and assistants shall exercise the powers and perform the duties assigned to them by the court. (June 25, 1948, ch. 646, 62 Stat. 926.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 221, 244, 304 and 305 (Mar. 3, 1911, ch. 231, §§ 124, 139, 191, 192, 36 Stat. 1132, 1136, 1144; June 16, 1930, ch. 494, 46 Stat. 589). This section contains only a part of sections 221, 244, 304 and 305 of title 28, U.S.C., 1940 ed. The other provi- sions of such sections are incorporated in sections 604, 711, 831, 833, 834, 957 and 1926 of this title. Sections 221, 244, 304 and 305 of title 28, U.S.C., 1940 ed., related to the clerks of the circuit courts of ap- peals, the Court of Claims and the Court of Customs and Patent Appeals. The phrase ‘‘assigned to them by the court’’ was sub- stituted for the indefinite provision of section 221 of