28 U.S.C. § 672 — Marshal

Page 320 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 672 The provisions in said section 325 relating to appoint- ment of a marshal and reporter are incorporated in sec- tions 672 and 673 of this title. The provisions in section 327 of title 28, U.S.C., 1940 ed., relating to duties and liabilities of the clerk’s dep- uties are incorporated in section 954 of this title. The provision of section 326 of title 28, U.S.C., 1940 ed., that a duly certified copy of the clerk’s bond should be competent evidence in any court, is incor- porated in section 1737 of this title. The provision that the clerk shall be subject to re- moval by the Court is new. Section 327 of title 28, U.S.C., 1940 ed., contained a similar provision as to dep- uties, but fixed no term of office for the clerk and made no provision for his removal. The Supreme Court held, in 1839, that a district judge had power to remove his clerk at pleasure in absence of any law fixing the clerk’s tenure. In re Hennen, 38 U.S. 230, 13 Pet. 230, 10 L.Ed. 138. (See, also Myers v. U.S., 1926, 47 S.Ct. 21, 272 U.S. 52, 71 L.Ed. 160.) The provision in section 326 of title 28, U.S.C., 1940 ed., that the clerk’s bond be not less than $5,000 and not more than $20,000 was omitted. The Supreme Court should have wide discretion in such administrative matters. (See Hearings before Appropriations Com- mittee, House of Representatives, 78th Cong., 2d sess., on Judiciary Appropriation Bill for 1945, page 102.) A provision of section 326 of title 28, U.S.C., 1940 ed., that a renewed or augmented bond should be required upon the Attorney General’s motion and after thirty days’ notice was omitted. The manner of requiring such bond is left to the Court’s discretion by the revised sec- tion. A further provision of section 326 of title 28, U.S.C., 1940 ed., that the failure to furnish such renewed or augmented bond should vacate the clerk’s office was omitted as unnecessary, since the clerk is removable by the Court under this section. The references in section 541 of title 28, U.S.C., 1940 ed., to return ‘‘under oath’’ to be made ‘‘on the 1st day of January of each year, or thirty days thereafter’’ and ‘‘on a form prescribed by the Attorney General’’, were omitted as fully covered by the revised language ‘‘an- nual returns’’ under ‘‘regulations prescribed by the Court’’. Verification seems unnecessary especially as clerks of the courts of appeals are not required to sub- mit similar returns under oath (see section 711 of this title). ‘‘Court’’ was substituted for ‘‘Attorney General’’, since the latter’s powers and functions in court admin- istrative matters have been transferred to the Director of the Administration Office of the United States Courts. (See sections 604 and 607 of this title.) The Di- rector, however, exercises no authority in Supreme Court matters. Section 542 of title 28, U.S.C., 1940 ed., provided that the clerk ‘‘shall not retain’’, out of fees received, more than $6,000 annually above clerk hire and expenses; that the surplus should be paid into the Treasury. Such indirect and unusual provision is simplified in this sec- tion by providing that his salary shall be fixed by the Court. Such salary limitation is omitted as incon- sistent with larger salaries paid other clerks of courts. The provisions that the Court shall fix the compensa- tion of deputy clerks, and that the clerk shall fix the compensation of assistants and messengers with the ap- proval of the Chief Justice, are new. Current appropria- tion Acts providing that the compensation of officers and employees of the Supreme Court, other than clerk and reporter shall be fixed by the court, unnecessarily burden the court with administrative details. Provision for allowance and approval of payments of compensa- tion and office expenses by the clerk upon allowance and approval by the Chief Justice, instead of by the Court, was inserted with the approval of the Judicial Conference Committee on Revision of the Judicial Code as not inconsistent with section 542 of title 28, U.S.C., 1940 ed. References in sections 541 and 542 of title 28, U.S.C., 1940 ed., to certification of expenses by the justices and for audit and allowances by the General Accounting Of- fice, were omitted as unnecessary in view of this sec- tion. Changes were made in phraseology. Editorial Notes AMENDMENTS 1972—Subsec. (b). Pub. L. 92–310 repealed subsec. (b) which related to bond of Clerk of Supreme Court. 1964—Subsec. (c). Pub. L. 88–279 struck out provision for disbursement by clerk of compensation of clerk, his deputies, assistants, and messengers and the necessary expenses of office from the fees collected by clerk, upon allowance and approval by Chief Justice of the United States. Subsec. (d). Pub. L. 88–279 substituted ‘‘moneys col- lected by him’’ for ‘‘emoluments of his office over and above his lawful disbursements’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–279, § 4, Mar. 10, 1964, 78 Stat. 158, provided that: ‘‘The amendments proposed in this Act [amending this section and section 672 of this title] shall become effective only when funds have been appropriated and are available to pay the salaries and other expenses of the clerk’s office.’’ APPROPRIATIONS Pub. L. 88–279, § 3, Mar. 10, 1964, 78 Stat. 158, provided that: ‘‘There are hereby authorized to be appropriated annually such sums as are necessary to carry out the provisions of this Act [amending this section and sec- tion 672 of this title].’’ § 672. Marshal (a) The Supreme Court may appoint a mar- shal, who shall be subject to removal by the Court, and may fix his compensation. (b) The marshal may, with the approval of the Chief Justice of the United States, appoint and fix the compensation of necessary assistants and other employees to attend the Court, and nec- essary custodial employees. (c) The marshal shall: (1) Attend the Court at its sessions; (2) Serve and execute all process and orders issued by the Court or a member thereof; (3) Take charge of all property of the United States used by the Court or its members; (4) Disburse funds appropriated for work upon the Supreme Court building and grounds under the jurisdiction of the Architect of the Capitol upon certified vouchers submitted by the Architect; (5) Disburse funds appropriated for the pur- chase of books, pamphlets, periodicals and other publications, and for their repair, bind- ing, and rebinding, upon vouchers certified by the librarian of the Court; (6) Pay the salaries of the Chief Justice, as- sociate justices, and all officers and employees of the Court and disburse other funds appro- priated for disbursement, under the direction of the Chief Justice; (7) Pay the expenses of printing briefs and travel expenses of attorneys in behalf of per- sons whose motions to appear in forma pauperis in the Supreme Court have been ap- proved and when counsel have been appointed by the Supreme Court, upon vouchers certified by the clerk of the Court; Page 321 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 674 (8) Oversee the Supreme Court Police. (June 25, 1948, ch. 646, 62 Stat. 918; Pub. L. 88–279, § 2, Mar. 10, 1964, 78 Stat. 158; Pub. L. 97–390, § 2, Dec. 29, 1982, 96 Stat. 1958.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 325, 331, and sec- tion 13d of title 40, U.S.C., 1940 ed., Public Buildings, Property and Works (Mar. 3, 1911, ch. 231, §§ 219, 224, 36 Stat. 1152, 1153; April 11, 1928, ch. 358, 45 Stat. 424; May 7, 1934, ch. 222, § 4, 48 Stat. 668). This section consolidates part of section 325 of title 28, U.S.C., 1940 ed., with section 331 of such title and section 13d of title 40, U.S.C., 1940 ed. Provisions of section 325 of title 28, U.S.C., 1940 ed., relating to appointment of clerk and reporter of the Supreme Court are incorporated in sections 671 and 673 of this title. Provision of section 331 of title 28, U.S.C., 1940 ed., fixing the marshal’s salary at ‘‘not to exceed $5,500 per annum’’ was omitted and the court given authority to fix the salary in conformity with sections 671 and 673 of this title relating to the clerk and the reporter. Part of subsection (c)(5) is new. It recognizes the pro- priety of certification by the Court Librarian of vouch- ers for expenditures for the library. (See reviser’s note under section 674 of this title.) The marshal’s duties as superintendent of the Su- preme Court building are incorporated in section 13c of title 40, U.S.C., 1940 ed. Changes were made in phraseology. Editorial Notes AMENDMENTS 1982—Subsec. (c)(8). Pub. L. 97–390 added par. (8). 1964—Subsec. (c)(6). Pub. L. 88–279, § 2(a), struck out ‘‘except the clerk, his deputies and employees,’’ after ‘‘employees of the Court’’. Subsec. (c)(7). Pub. L. 88–279, § 2(b), added par. (7). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–279 effective upon appro- priation and availability of funds to pay salaries and other expenses of the clerk’s office, see section 4 of Pub. L. 88–279, set out as a note under section 671 of this title. APPROPRIATIONS Annual appropriations to carry out amendment of this section by Pub. L. 88–279, see section 3 of Pub. L. 88–279, set out as a note under section 671 of this title. § 673. Reporter (a) The Supreme Court may appoint and fix the compensation of a reporter of its decisions who shall be subject to removal by the Court. (b) The reporter may appoint and fix the com- pensation of necessary professional and clerical assistants and other employees, with the ap- proval of the Court or the Chief Justice of the United States. (c) The reporter shall, under the direction of the Court or the Chief Justice, prepare the deci- sions of the Court for publication in bound vol- umes and advance copies in pamphlet install- ments. The reporter shall determine the quality and size of the paper, type, format, proofs and bind- ing subject to the approval of the Court or the Chief Justice. (June 25, 1948, ch. 646, 62 Stat. 919.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 325, 332, and 333 (Mar. 3, 1911, ch. 231, §§ 219, 225, 226, 36 Stat. 1152, 1153; July 1, 1922, ch. 267, §§ 1, 2, 42 Stat. 816; May 29, 1926, ch. 425, § 1, 44 Stat. 677). This section consolidates sections 332 and 333 of title 28, U.S.C., 1940 ed., with part of section 325 of such title. Provisions of section 325 of title 28, U.S.C., 1940 ed., relating to appointment of clerk and marshal of the Su- preme Court are incorporated in sections 671 and 672 of this title. The provision as to tenure is new and is added to in- sure consistency with other revised sections relating to tenure of court officers. The provisions of section 333 of title 28, U.S.C., 1940 ed., fixing the reporter’s salary at $8,000 per annum were omitted and the Court given authority to fix the salary in conformity with sections 671 and 672 of this title relating to the clerk and the marshal. Provisions of section 333 of title 28, U.S.C., 1940 ed., for allowance of stationery, supplies, equipment, and office rent are omitted as obsolete. Offices are now pro- vided in the Supreme Court building and supplies are furnished by the marshal. The last sentence of section 333 of title 28, U.S.C., 1940 ed., relating to the payment of the reporter’s expenses from appropriation for the Supreme Court, was omitted as surplusage. The revised section makes specific the implied power to fix the compensation of the reporter’s assistants. The provision in section 332 of title 28, U.S.C., 1940 ed., authorizing the Public Printer to do the printing referred to in such section, was omitted as unneces- sary. (See section 111 of title 44, U.S.C., 1940 ed., Public Printing and Documents.) Authority for making an appropriation to carry into effect the provisions of this section relating to com- pensation and allowances of the reporter, compensation of his assistants, and preparation of the decisions of the Supreme Court for publication, is contained in section 336 of title 28, U.S.C., 1940 ed. (Acts July 1, 1922, ch. 267, § 5, 42 Stat. 818; May 29, 1926, ch. 425, § 3, 44 Stat. 678), which is omitted, but not repealed, as unnecessary in this revision. § 674. Librarian (a) The Supreme Court may appoint a librar- ian, whose salary it shall fix, and who shall be subject to removal by the Court. (b) The librarian shall, with the approval of the Chief Justice, appoint necessary assistants and fix their compensation and make rules gov- erning the use of the library. (c) He shall select and acquire by purchase, gift, bequest, or exchange, such books, pam- phlets, periodicals, microfilm and other proc- essed copy as may be required by the Court for its official use and for the reasonable needs of its bar. (d) The librarian shall certify to the marshal for payment vouchers covering expenditures for the purchase of such books and other material, and for binding, rebinding and repairing the same. (June 25, 1948, ch. 646, 62 Stat. 919; Pub. L. 92–310, title II, § 206(d), June 6, 1972, 86 Stat. 203.) HISTORICAL AND REVISION NOTES This section gives statutory recognition to the office of librarian. For many years the Court has appointed its librarian directly through the Chief Justice, rather than through the marshal. Other members of the li- brary staff are appointed by the librarian, with the ap- proval of the Chief Justice. Under this section the marshal will not be required to certify to expenditures for some 2,000 books bought for