28 U.S.C. § 542 — Assistant United States attorneys

Page 230 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 542 At present, such officers are invariably designated as ‘‘United States attorneys’’ by Federal courts and the Department of Justice. Words ‘‘The President may appoint, by and with the advice and consent of the Senate,’’ were inserted to conform section with the Constitution. See article II, section 2, clause 2. Words ‘‘including the District of Columbia’’ were omitted, because the District is made a judicial district by section 88 of this title. District of Columbia Code, 1940 ed., § 11–1001, provided for appointment of an ‘‘at- torney of the United States for the District’’ by the President, subject to Senate confirmation. Words ‘‘learned in the law’’ were omitted as unneces- sary. Such requirement is not made of United States judges and no reason appears to make a distinction re- specting United States attorneys. Parts of section 863 of title 48, U.S.C., 1940 ed., remain in said title 48. For remainder thereof, see Distribution Table. Other provisions of section 643 of such title are incorporated in sections 133, 504 [now 541 and 544], and 541 [see 561] of this title. Changes were made in phraseology. [The Historical and Revision Notes for former section 504, from which this section is partially derived, is set out under section 544 of this title.] Editorial Notes PRIOR PROVISIONS A prior section 541, acts June 25, 1948, ch. 646, 62 Stat 910; Mar. 18, 1959, Pub. L. 86–3, § 11(c), (d), 73 Stat. 9, re- lated to appointment, residence and tenure of mar- shals, prior to repeal by Pub. L. 89–554, § 8(a), and reen- actment in section 561 of this title by section 4(c) of Pub. L. 89–554. § 542. Assistant United States attorneys (a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires. (b) Each assistant United States attorney is subject to removal by the Attorney General. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 618.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a) ................ 28 U.S.C. 502. [None]. (b) ................ 28 U.S.C. 504(b) (2d sentence, as applicable to assistant United States attorneys). [None]. In subsection (b), the word ‘‘is’’ is substituted for ‘‘shall be’’. 1948 ACT Prior section 502.—Based on title 28, U.S.C., 1940 ed., §§ 483, 594 (May 28, 1896, ch. 252, § 8, 29 Stat. 181; July 19, 1919, ch. 24, § 1, 41 Stat. 209; Mar. 4, 1923, ch. 295, 42 Stat. 1560; June 25, 1936, ch. 804, 49 Stat. 1921). Section consolidates sections 483 and 594 of title 28, U.S.C., 1940 ed., relating to appointment of assistant United States attorneys. Words ‘‘United States attorneys’’ were substituted for ‘‘district attorneys.’’ (See reviser’s note under sec- tion 501 [now 541] of this title.) The exception of Alaska from the operation of such section 483 was omitted as covered by section 109 of title 48, U.S.C., 1940 ed., Territories and Insular Posses- sions, authorizing appointment of assistant United States attorneys in Alaska. Reference in such section 483 to ‘‘District of Colum- bia’’ was omitted. (See reviser’s note under section 501 [now 541] of this title.) The provisions of sections 483 and 594 of title 28, U.S.C., 1940 ed., requiring the judges and United States attorneys to certify or evidence in writing the neces- sity for assistant United States attorneys in their re- spective districts, and specifying that such opinion of the judge shall state to the Attorney General the facts as distinguished from conclusions, showing the neces- sity therefor, were omitted. The Attorney General, as chief law enforcement officer, is in a better position to determine such necessity. The salary provisions of such section 594 were omit- ted as covered by section 508 [now 548] of this title. Changes were made in phraseology. Editorial Notes PRIOR PROVISIONS A prior section 542, act June 25, 1948, ch. 646, 62 Stat. 911, related to appointment and tenure of deputies and assistants for United States marshals, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 562 of this title by section 4(c) of Pub. L. 89–554. § 543. Special attorneys (a) The Attorney General may appoint attor- neys to assist United States attorneys when the public interest so requires, including the ap- pointment of qualified tribal prosecutors and other qualified attorneys to assist in pros- ecuting Federal offenses committed in Indian country. (b) Each attorney appointed under this section is subject to removal by the Attorney General. (c) INDIAN COUNTRY.—In this section, the term ‘‘Indian country’’ has the meaning given that term in section 1151 of title 18. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 618; amended Pub. L. 111–211, title II, § 213(a)(1), July 29, 2010, 124 Stat. 2268.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a) ................ 28 U.S.C. 503. [None]. 5 U.S.C. 298. July 28, 1916, ch. 261, § 1 (6th par. on p. 413), 39 Stat. 413. (b) ................ 28 U.S.C. 504(b) (2d sentence, less applica- bility to as- sistant United States attor- neys). [None]. The text of former section 298 of title 5 is omitted as unnecessary. The position so authorized has not been filled in recent years, and the authority is preserved by this section and revised section 3101 of title 5, United States Code. In subsection (b), the word ‘‘is’’ is substituted for ‘‘shall be’’. 1948 ACT Prior section 503.—Based on section 312 of title 5, U.S.C., 1940 ed., Executive Departments and Govern- ment Officers and Employees (R.S. § 363). Other provisions of section 312 of title 5, U.S.C., 1940 ed., are incorporated in sections 507 [now 509 and 547] and 508 [now 548] of this title. Changes were made in phraseology. Editorial Notes PRIOR PROVISIONS A prior section 543, act June 25, 1948, ch. 646, 62 Stat. 911, related to oath of office for United States Mar-