28 U.S.C. § 711 | Clerks and employees

(a)

Each court of appeals may appoint a clerk who shall be subject to removal by the court.

(b)

The clerk, with the approval of the court, may appoint necessary deputies, clerical assistants and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies, clerical assistants and employees shall be subject to removal by the clerk with the approval of the court.

(c)

The clerk shall pay into the Treasury all fees, costs and other moneys collected by him and make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by him.

June 25, 1948, ch. 646 62 Stat. 920 (, .)

Historical and Revision Notes

Mar. 3, 1891, ch. 517, § 2 26 Stat. 826 Feb. 9, 1893, ch. 74, § 4 27 Stat. 435 July 30, 1894, ch. 172, § 1 28 Stat. 160 June 6, 1900, ch. 791, § 1 31 Stat. 639 Mar. 3, 1901, ch. 854, § 224 31 Stat. 1224 June 30, 1902, ch. 1329 32 Stat. 528 Mar. 3, 1911, ch. 231 36 Stat. 1132 Aug. 23, 1912, ch. 350 37 Stat. 412 Feb. 22, 1921, ch. 70, § 7 41 Stat. 1144 June 1, 1922, ch. 204 42 Stat. 616 Mar. 4, 1923, ch. 265 42 Stat. 1488 May 21, 1928, ch. 659 45 Stat. 645 Based on title 28, U.S.C., 1940 ed., §§ 221 and 222, 544 and 546 and District of Columbia Code, 1940 ed., § 11–204 (, ; , ; , ; , ; , ; , ; , §§ 124, 125, ; , ; , ; , title II, ; , ; , ).

section 546 of title 28 section 604 of this titleThis section consolidates , U.S.C., 1940 ed., with parts of sections 221, 222, and 544 of such title and a part of section 11–204 of the District of Columbia Code, 1940 ed. Other provisions of such sections are incorporated in sections 604, 713, 954, 956, 961, and 962 of this title. Some provisions of section 11–204 of the District of Columbia Code, 1940 ed., were retained in that code. (See reviser’s note under .)

Discrepancies between such section 11–204 of District of Columbia Code, 1940 ed., and the more general provisions of title 28 were eliminated by adopting the more general provisions.

act of Aug. 7, 1939, ch. 501, § 6 53 Stat. 1226 Words “Director of the Administrative Office of the United States Courts” were substituted for “Attorney General,” in view of the , , 28 U.S.C., 1940 ed., following § 446.

section 604 of this titleA provision that the returns should be filed annually was changed to place the times of accounting within the discretion of the Director of the Administrative Office of the United States Courts, who has supervision over such accounts. (See .)

section 671 of this titleThis section is in harmony with as to accounting similarly by the Clerk of the Supreme Court.

section 43 of this title“Court of appeals” was substituted for “circuit court of appeals” to conform to .

Section 222 of title 28The provision that each clerk shall be removable by the court is new. , U.S.C., 1940 ed., provided that deputies might be removed at the pleasure of the clerk, subject to the court’s approval, and there was no term of office specified for the clerk and no provision for his removal.

The words “and other necessary employees” were added in subsection (b) to supply an omission of existing law and to give statutory authority for the appointment of necessary employees for which compensation is annually appropriated.

Changes were made in phraseology.