28 U.S.C. § 712 — Law clerks and secretaries

Page 323 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 712 Justice, may accept voluntary personal services to assist with public and visitor programs. (2) No person may volunteer personal services under this subsection unless the person has first agreed, in writing, to waive any claim against the United States arising out of or in connection with such services, other than a claim under chapter 81 of title 5. (3) No person volunteering personal services under this subsection shall be considered an em- ployee of the United States for any purpose other than for purposes of— (A) chapter 81 of title 5; or (B) chapter 171 of this title. (4) In the administration of this subsection, the Counselor shall ensure that the acceptance of personal services shall not result in the re- duction of pay or displacement of any employee of the Supreme Court. (d) The Counselor, with the approval of the Chief Justice, shall establish a retention and re- cruitment program that is consistent with sec- tion 908 of the Emergency Supplemental Act, 2002 (2 U.S.C. 1926) for Supreme Court Police of- ficers and other critical employees who agree in writing to remain employed with the Supreme Court for a period of service of not less than two years. (Added Pub. L. 92–238, § 1, Mar. 1, 1972, 86 Stat. 46; amended Pub. L. 105–233, § 1, Aug. 13, 1998, 112 Stat. 1535; Pub. L. 110–402, § 1(b)(3)(A), Oct. 13, 2008, 122 Stat. 4254; Pub. L. 117–328, div. E, title III, § 307, Dec. 29, 2022, 136 Stat. 4672.) Editorial Notes AMENDMENTS 2022—Subsec. (d). Pub. L. 117–328 added subsec. (d). 2008—Pub. L. 110–402, § 1(b)(3)(A)(i), substituted ‘‘Counselor’’ for ‘‘Administrative Assistant’’ in section catchline. Subsec. (a). Pub. L. 110–402, § 1(b)(3)(A)(ii), substituted ‘‘a Counselor’’ for ‘‘an Administrative Assistant’’ in first sentence and ‘‘Counselor’’ for ‘‘Administrative As- sistant’’ in second and third sentences. Subsecs. (b), (c). Pub. L. 110–402, § 1(b)(3)(A)(iii), sub- stituted ‘‘Counselor’’ for ‘‘Administrative Assistant’’ wherever appearing. 1998—Subsec. (c). Pub. L. 105–233 added subsec. (c). CHAPTER 47—COURTS OF APPEALS Sec. 711. Clerks and employees. 712. Law clerks and secretaries. 713. Librarians. 714. Criers and messengers. 715. Staff attorneys and technical assistants. Editorial Notes AMENDMENTS 1982—Pub. L. 97–164, title I, § 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. § 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 assist- ants and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such depu- ties, clerical assistants and employees shall be subject to removal by the clerk with the ap- proval 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. (June 25, 1948, ch. 646, 62 Stat. 920.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 221 and 222, 544 and 546 and District of Columbia Code, 1940 ed., § 11–204 (Mar. 3, 1891, ch. 517, § 2, 26 Stat. 826; Feb. 9, 1893, ch. 74, § 4, 27 Stat. 435; July 30, 1894, ch. 172, § 1, 28 Stat. 160; June 6, 1900, ch. 791, § 1, 31 Stat. 639; Mar. 3, 1901, ch. 854, § 224, 31 Stat. 1224; June 30, 1902, ch. 1329, 32 Stat. 528; Mar. 3, 1911, ch. 231, §§ 124, 125, 36 Stat. 1132; Aug. 23, 1912, ch. 350, 37 Stat. 412; Feb. 22, 1921, ch. 70, § 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 sec- tions 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 provi- sions 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, § 6, 53 Stat. 1226, 28 U.S.C., 1940 ed., following § 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 Of- fice 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 Su- preme 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 pleas- ure 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 exist- ing law and to give statutory authority for the appoint- ment of necessary employees for which compensation is annually appropriated. Changes were made in phraseology. § 712. Law clerks and secretaries Circuit judges may appoint necessary law clerks and secretaries. A law clerk appointed under this section shall be exempt from the pro- visions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court. (June 25, 1948, ch. 646, 62 Stat. 920; Pub. L. 100–702, title X, § 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.) Page 324 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 713 HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 222a (Mar. 3, 1911, ch. 231, § 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 au- thority 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. Editorial Notes AMENDMENTS 1988—Pub. L. 100–702 inserted at end ‘‘A law clerk ap- pointed 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.’’ § 713. Librarians (a) Each court of appeals may appoint a librar- ian 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 Adminis- trative Office of the United States Courts may approve. The librarian may remove such library assistants with the approval of the court. (June 25, 1948, ch. 646, 62 Stat. 920; May 24, 1949, ch. 139, § 75, 63 Stat. 100; Pub. L. 97–164, title I, § 120(b)(1), Apr. 2, 1982, 96 Stat. 33.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 547, and section 11–204 of District of Columbia Code, 1940 ed., (Mar. 3, 1891, ch. 517, § 9, 26 Stat. 829; Feb. 9, 1893, ch. 74, § 4, 27 Stat. 435; July 30, 1894, ch. 172, § 1, 28 Stat. 160; Mar. 3, 1901, ch. 854, § 224, 31 Stat. 1224; June 30, 1902, ch. 1329, 32 Stat. 528; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Aug. 23, 1912, ch. 350, 37 Stat. 412; Feb. 22, 1921, ch. 70, § 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 as- sistants 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 Pat- ent Appeals, and a bailiff and a chief messenger in the Court of Claims (see title 28, U.S.C., 1940 ed., §§ 9, 244, 305, 331) and also provided (see same title, § 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 appoint- ments. 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 Ad- ministrative Office of the United States Courts. Provisions of section 11–204 of District of Columbia Code, 1940 ed., relating to appointment and compensa- tion 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 Colum- bia 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 con- sistently with section 755 of this title, and existing ad- ministrative practice. The removal provisions are added to make this sec- tion consistent with the same provisions in other sec- tions 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. Editorial Notes 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 ap- point 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 ap- point a marshal, who would attend the court at its ses- sions, be custodian of its courthouse, have supervision over its custodial employees, take charge of all prop- erty of the United States used by the court or its em- ployees, and perform such other duties as the court might direct, that the court could also appoint nec- essary messengers who would be subject to removal by the court, that the United States marshal of the dis- trict 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, pre- serve 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 designa- tion (b) preceding second par. and renumbered former subsecs. (b) and (c) as (c) and (d), respectively.