28 U.S.C. § 795 — Bailiffs and messengers

Page 333 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 796 1 So in original. Probably should be ‘‘of the’’. The first sentence of the revised section makes ex- press provision for appointment of stenographers and necessary clerical employees. Other provisions of section 270 of title 28, U.S.C., 1940 ed., are incorporated in sections 456 and 792 of this title. Specific provision for $5 per diem for stenographers is omitted as unnecessary and inconsistent with section 962 of this title. Travel and subsistence allowances of Government employees are governed by sections 822–833 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ and inserted ‘‘for district judges’’ after ‘‘may approve’’ in first sentence. 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.’’ 1982—Pub. L. 97–164 substituted ‘‘Law clerks and sec- retaries’’ for ‘‘Stenographers and clerical employees’’ as section catchline and, in text, substituted ‘‘The judges of the United States Claims Court may appoint necessary law clerks and secretaries, in such numbers as the Judicial Conference of the United States may ap- prove, subject to any limitation of the aggregate sala- ries of such employees which may be imposed by law’’ for ‘‘The Court of Claims shall appoint stenographers and other clerical employees in such numbers as may be necessary each of whom shall be subject to removal by the court’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 795. Bailiffs and messengers The chief judge of 1 United States Court of Federal Claims, with the approval of the court, may appoint necessary bailiffs and messengers, in such numbers as the Director of the Adminis- trative Office of the United States Courts may approve, each of whom shall be subject to re- moval by the chief judge, with the approval of the court. (June 25, 1948, ch. 646, 62 Stat. 924; Pub. L. 97–164, title I, § 121(d)(1), Apr. 2, 1982, 96 Stat. 35; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 244 (Mar. 3, 1911, ch. 231, § 139, 36 Stat. 1136). The provision in section 244 of title 28, U.S.C., 1940 ed., that the bailiff should serve 4 years unless sooner removed by the court for cause, was changed by omit- ting the 4-year tenure and removal ‘‘for cause’’ require- ment. As revised this section conforms with sections relating to the similar court officers. Term ‘‘chief messenger’’ in section 244 of title 28, U.S.C., 1940 ed., was changed to ‘‘messenger’’ as the court has but one messenger. A provision of section 244 of title 28, U.S.C., 1940 ed., providing for appointment of a clerk and assistant is incorporated in section 791 of this title, and a provision thereof, relating to powers and duties of the clerk, his deputies and assistants, is incorporated in section 956 of this title. The second paragraph was added to conform with sec- tions 713, 755, and 834 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘Bailiffs and mes- sengers’’ for ‘‘Bailiff and messenger’’ in section catch- line and, in text, substituted ‘‘The chief judge of United States Claims Court, with the approval of the court, may appoint necessary bailiffs and messengers, in such numbers as the Director of the Administrative Office of the United States Courts may approve, each of whom shall be subject to removal by the chief judge, with the approval of the court’’ for ‘‘The Court of Claims may appoint a bailiff and a messenger who shall be subject to removal by the court’’ and struck out provision that the bailiff attend the court, preserve order, and perform such other necessary duties as the court might direct. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 796. Reporting of court proceedings Subject to the approval of the United States Court of Federal Claims, the Director of the Ad- ministrative Office of the United States Courts is authorized to contract for the reporting of all proceedings had in open court, and in such con- tract to fix the terms and conditions under which such reporting services shall be per- formed, including the terms and conditions under which transcripts shall be supplied by the contractor to the court and to other persons, de- partments, and agencies. (Added Pub. L. 91–272, § 15(a), June 2, 1970, 84 Stat. 298; amended Pub. L. 97–164, title I, § 121(e), Apr. 2, 1982, 96 Stat. 35; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘Subject to the ap- proval of the United States Claims Court, the Director of the Administrative Office of the United States Courts’’ for ‘‘The Court of Claims’’.