28 U.S.C. § 871 — Clerk, chief deputy clerk, assistant clerk,

Page 335 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 871 section 1292(d)(2) of this title, and the United States Court of Appeals for the Federal Circuit may, in its discretion, consider the appeal. (c) The chief judge of the Court of Federal Claims may appoint special masters to assist the court in carrying out its functions. Any spe- cial masters so appointed shall carry out their responsibilities and be compensated in accord- ance with procedures set forth in the rules of the court. (Added Pub. L. 98–620, title IV, § 416(a), Nov. 8, 1984, 98 Stat. 3364; amended Pub. L. 102–572, title IX, §§ 902(a)(2), 906(a), (b), Oct. 29, 1992, 106 Stat. 4516–4518.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–572, § 906(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘The United States Claims Court is hereby authorized to utilize facilities and hold court in Washington, District of Columbia, and in four locations outside of the Washington, District of Columbia metro- politan area, for the purpose of conducting trials and such other proceedings as may be appropriate to exe- cuting the court’s functions. The Director of the Ad- ministrative Office of the United States Courts shall designate such locations and provide for such facili- ties.’’ Subsec. (b). Pub. L. 102–572, § 906(b)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 102–572, §§ 902(a)(2), 906(b)(1), redes- ignated former subsec. (b) as (c) and substituted ‘‘Court of Federal Claims’’ for ‘‘Claims 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. [CHAPTER 53—REPEALED] [§§ 831 to 834. Repealed. Pub. L. 97–164, title I, § 122(a), Apr. 2, 1982, 96 Stat. 36] Section 831, act June 25, 1948, ch. 646, 62 Stat. 924, au- thorized Court of Customs and Patent Appeals to ap- point a clerk, assistant clerks, stenographic law clerks, clerical assistants, and other necessary employees, and set out duties of clerk. Section 832, acts June 25, 1948, ch. 646, 62 Stat. 924; May 24, 1949, ch. 139, § 76, 63 Stat. 101, authorized Court of Customs and Patent Appeals to appoint a marshal and set out duties of that marshal. Section 833, act June 25, 1948, ch. 646, 62 Stat. 925, au- thorized Court of Customs and Patent Appeals to ap- point a reporter and set out duties of that reporter. Section 834, act June 25, 1948, ch. 646, 62 Stat. 925, au- thorized Court of Customs and Patent Appeals to ap- point necessary bailiffs and messengers and set out du- ties of those bailiffs and messengers. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title. CHAPTER 55—COURT OF INTERNATIONAL TRADE Sec. 871. Clerk, chief deputy clerk, assistant clerk, deputies, assistants, and other employees. Sec. 872. Criers, bailiffs, and messengers. Editorial Notes AMENDMENTS 1986—Pub. L. 99–466, § 3(b)(3), Oct. 14, 1986, 100 Stat. 1191, struck out item 872 ‘‘Marshal and deputy mar- shals’’ and redesignated item 873 as 872. 1980—Pub. L. 96–417, title V, § 501(16), Oct. 10, 1980, 94 Stat. 1742, substituted in chapter heading ‘‘COURT OF INTERNATIONAL TRADE’’ for ‘‘CUSTOMS COURT’’. 1959—Pub. L. 86–243, § 1, Sept. 9, 1959, 73 Stat. 474, in- cluded chief deputy clerk and assistant clerk in item 871, substituted ‘‘Marshal and deputy marshals’’ for ‘‘Marshal; appointment’’ in item 872, and added item 873. 1949—Act May 24, 1949, ch. 139, § 77, 63 Stat. 101, in- serted ‘‘; appointment’’ in item 872. § 871. Clerk, chief deputy clerk, assistant clerk, deputies, assistants, and other employees The Court of International Trade may appoint a clerk, a chief deputy clerk, an assistant clerk, deputy clerks, and such deputies, assistants, and other employees as may be necessary for the ef- fective dispatch of the business of the court, who shall be subject to removal by the court. (June 25, 1948, ch. 646, 62 Stat. 925; Pub. L. 86–243, § 1, Sept. 9, 1959, 73 Stat. 474; Pub. L. 96–417, title V, § 501(17), Oct. 10, 1980, 94 Stat. 1742.) HISTORICAL AND REVISION NOTES Based on section 6 of title 19, U.S.C., 1940 ed., Cus- toms Duties (May 4, 1923, ch. 251, § 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748; May 28, 1926, ch. 411, § 1, 44 Stat. 669; June 17, 1930, ch. 497, title IV, §§ 518, 649, 46 Stat. 737, 762). Section is based on the last two sentences of section 6 of title 19, U.S.C., 1940 ed., which provided for appoint- ment by the Attorney General in conformity with the civil service laws. This and other administrative pow- ers of the Department of Justice with respect to the courts were transferred to the Administrative Office of the United States Courts by section 446 of title 28, U.S.C., 1940 ed., which is section 604 of this title. The revised section vests the power of appointment in the chief judge to conform with section 253 of this title and rules 5 and 22 of the Rules of the Customs Court adopt- ed May 29, 1936. Changes were made in phraseology. Editorial Notes AMENDMENTS 1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade. 1959—Pub. L. 86–243 included chief deputy clerk and assistant clerk in section catchline, transferred the ap- pointing authority from the chief judge to the Customs Court, provided for appointment of a chief deputy clerk, an assistant clerk and deputy clerks and for power of removal and deleted reference to the civil service laws with respect to appointments. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title. SAVINGS PROVISION Pub. L. 86–243, § 4, Sept. 9, 1959, 73 Stat. 474, provided that: ‘‘Nothing contained in the amendments made by Page 336 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 872 this Act [enacting section 873 and amending this sec- tion and sections 253, 550, and 872 of this title] shall be construed to deprive any person serving on the date of enactment of this Act [Sept. 9, 1959] as an officer or em- ployee of the Customs Court of any rights, privileges, or civil service status, if any, to which such person is entitled under the laws of the United States or regula- tions thereunder.’’ § 872. Criers, bailiffs, and messengers The Court of International Trade may appoint such criers as it may require for said court, which criers shall also perform the duties of bailiffs and messengers and such other duties as the court directs and shall be subject to removal by the court. (Added Pub. L. 86–243, § 1, Sept. 9, 1959, 73 Stat. 474, § 873; amended Pub. L. 96–417, title V, § 501(19), Oct. 10, 1980, 94 Stat. 1742; renumbered § 872, Pub. L. 99–466, § 3(b)(2), Oct. 14, 1986, 100 Stat. 1191.) Editorial Notes PRIOR PROVISIONS A prior section 872, acts June 25, 1948, ch. 646, 62 Stat. 925; May 24, 1949, ch. 139, § 78, 63 Stat. 101; Sept. 9, 1959, Pub. L. 86–243, § 1, 73 Stat. 474; Oct. 10, 1980, Pub. L. 96–417, title V, § 501(18), 94 Stat. 1742, related to a mar- shal and deputy marshals, prior to repeal by Pub. L. 99–466, §§ 3(b)(1), 4, Oct. 14, 1986, 100 Stat. 1191, effective 60 days after Oct. 14, 1986. AMENDMENTS 1986—Pub. L. 99–466 renumbered section 873 of this title as this section. 1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title. SAVINGS PROVISION Enactment of section by Pub. L. 86–243 not to deprive Customs Court officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86–243, set out as a note under section 871 of this title. [§ 873. Renumbered § 872] CHAPTER 57—GENERAL PROVISIONS APPLI- CABLE TO COURT OFFICERS AND EM- PLOYEES Sec. 951. Oath of office of clerks and deputies. [952. Repealed.] 953. Administration of oaths and acknowledg- ments. 954. Vacancy in clerk position; absence of clerk. 955. Practice of law restricted. 956. Powers and duties of clerks and deputies. 957. Clerks ineligible for certain offices. 958. Persons ineligible as receivers. 959. Trustees and receivers suable; management; State laws. 960. Tax liability. 961. Office expenses of clerks. [962. Repealed.] Sec. 963. Courts defined. SENATE REVISION AMENDMENT This chapter was renumbered ‘‘57’’, but without change in its section numbers, by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes AMENDMENTS 1996—Pub. L. 104–317, title II, § 204(b), Oct. 19, 1996, 110 Stat. 3850, substituted ‘‘Vacancy in clerk position; ab- sence of clerk’’ for ‘‘Death of clerk; duties of deputies’’ in item 954. 1972—Pub. L. 92–310, title II, § 206(e)(2), (f)(2), June 6, 1972, 86 Stat. 203, struck out item 952 ‘‘Bonds of clerks and deputies’’, and struck out ‘‘and remedies against’’ before ‘‘deputies’’ in item 954. 1968—Pub. L. 90–623, § 4, Oct. 22, 1968, 82 Stat. 1315, struck out item 962 ‘‘Traveling expenses’’. 1949—Act May 24, 1949, ch. 139, § 78a, 63 Stat. 101, struck out ‘‘by clerks’’ after ‘‘law’’ in item 955. § 951. Oath of office of clerks and deputies Each clerk of court and his deputies shall take the following oath or affirmation before enter- ing upon their duties: ‘‘I, lll lll, having been appointed lll, do solemnly swear (or af- firm) that I will truly and faithfully enter and record all orders, decrees, judgments and pro- ceedings of such court, and will faithfully and impartially discharge all other duties of my of- fice according to the best of my abilities and un- derstanding. So help me God.’’ (June 25, 1948, ch. 646, 62 Stat. 925.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 512 (R.S., § 794; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). Section 512 of title 28, U.S.C., 1940 ed., applied only to the Clerk of the Supreme Court and clerks and deputies of the district courts. This section is applicable to the Supreme Court and to all courts established by act of Congress. The last sentence of section 512 of title 28, U.S.C., 1940 ed., reading ‘‘The words ‘So help me God.’ shall be omitted in all cases where an affirmation is admitted instead of an oath,’’ was omitted as unnecessary be- cause on affirmation such words would not be included. As revised, the section conforms with section 453 of this title providing for the form of judicial oath. Minor changes were made in phraseology. [§ 952. Repealed. Pub. L. 92–310, title II, § 206(e)(1), June 6, 1972, 86 Stat. 203] Section, act June 25, 1948, ch. 646, 62 Stat. 926, related to bonds of clerks and deputies. § 953. Administration of oaths and acknowledg- ments Each clerk of court and his deputies may ad- minister oaths and affirmations and take ac- knowledgments. (June 25, 1948, ch. 646, 62 Stat. 926.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 264, 523 and 525, section 1114(a) of title 26, U.S.C., 1940 ed., Internal Rev- enue Code, and District of Columbia Code, 1940 ed., § 11–402 (R.S. § 799; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1901, ch. 854, § 178, 31 Stat. 1219; June 30, 1902, ch. 1329, 32 Stat. 527; Mar. 3, 1911, ch. 231, §§ 158, 291, 36 Stat. 1139, 1167; Feb.