28 U.S.C. § 714 — Criers and messengers

Page 325 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 751 Statutory Notes and Related Subsidiaries 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. CONTINUATION OF SERVICE OF MARSHAL FOR COURT OF APPEALS FOR DISTRICT OF COLUMBIA; APPLICABILITY OF OTHER LAW TO COURT DURING SUCH INDIVIDUAL’S SERVICE Pub. L. 98–620, title IV, § 415, Nov. 8, 1984, 98 Stat. 3364, provided that: ‘‘Any individual who, on the date of the enactment of the Federal Courts Improvement Act of 1982 [Pub. L. 97–164, enacted Apr. 2, 1982], was serving as marshal for the Court of Appeals for the District of Co- lumbia under section 713(c) of title 28, United States Code, may, after the date of the enactment of this Act [Nov. 8, 1984], so serve under that section as in effect on the date of the enactment of the Federal Courts Im- provement Act of 1982. While such individual so serves, the provisions of section 714(a) of title 28, United States Code, shall not apply to the Court of Appeals for the District of Columbia.’’ § 714. Criers and messengers (a) Each court of appeals may appoint a crier who shall be subject to removal by the court. (b) The crier, with the approval of the court, may appoint necessary messengers in such num- ber as the Director of the Administrative Office of the United States Courts may approve. The crier may remove such messengers with the ap- proval of the court. The crier shall also perform the duties of bailiff and messenger. (Added Pub. L. 97–164, title I, § 120(c)(1), Apr. 2, 1982, 96 Stat. 33.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amend- ment note under section 171 of this title. APPLICABILITY OF THIS SECTION TO COURT OF APPEALS FOR DISTRICT OF COLUMBIA DURING CONTINUED SERV- ICE OF MARSHAL FOR COURT IN OFFICE ON APR. 2, 1982 Subsec. (a) of this section not applicable to the Court of Appeals for the District of Columbia during the con- tinued service as Marshal for such Court of any indi- vidual who was serving in such office under section 713(c) of this title as of Apr. 2, 1982, see section 415 of Pub. L. 98–620, set out as a note under section 713 of this title. § 715. Staff attorneys and technical assistants (a) The chief judge of each court of appeals, with the approval of the court, may appoint a senior staff attorney, who shall be subject to re- moval by the chief judge with the approval of the court. (b) The senior staff attorney, with the ap- proval of the chief judge, may appoint necessary staff attorneys and secretarial and clerical em- ployees in such numbers as the Director of the Administrative Office of the United States Courts may approve, but in no event may the number of staff attorneys exceed the number of positions expressly authorized in an annual ap- propriation Act. The senior staff attorney may remove such staff attorneys and secretarial and clerical employees with the approval of the chief judge. (c) The chief judge of the Court of Appeals for the Federal Circuit, with the approval of the court, may appoint a senior technical assistant who shall be subject to removal by the chief judge with the approval of the court. (d) The senior technical assistant, with the ap- proval of the court, may appoint necessary tech- nical assistants in such number as the Director of the Administrative Office of the United States Courts may approve, but in no event may the number of technical assistants in the Court of Appeals for the Federal Circuit exceed the number of circuit judges in regular active serv- ice within such circuit. The senior technical as- sistant may remove such technical assistants with the approval of the court. (Added Pub. L. 97–164, title I, § 120(c)(1), Apr. 2, 1982, 96 Stat. 34.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amend- ment note under section 171 of this title. CHAPTER 49—DISTRICT COURTS Sec. 751. Clerks. 752. Law clerks and secretaries. 753. Reporters. 754. Receivers of property in different districts. 755. Criers and bailiffs. 756. Power to appoint. § 751. Clerks (a) Each district court may appoint a clerk who shall be subject to removal by the court. (b) The clerk may appoint, with the approval of the court, 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 of each district court shall reside in the district for which he is appointed, except that the clerk of the district court for the Dis- trict of Columbia and the Southern District of New York may reside within twenty miles thereof. The district court may designate places within the district for the offices of the clerk and his deputies, and their official stations. (d) A clerk of a district court or his deputy or assistant shall not receive any compensation or emoluments through any office or position to which he is appointed by the court, other than that received as such clerk, deputy or assistant, whether from the United States or from private litigants. This subsection shall not apply to clerks or deputy clerks appointed as United States mag- istrate judges pursuant to section 631 of this title. (e) The clerk of each district court shall pay into the Treasury all fees, costs and other mon- eys collected by him, except naturalization fees listed in section 742 of Title 8 and uncollected fees not required by Act of Congress to be pre- paid.