Each district judge may appoint a crier for the court in which he presides who shall perform also the duties of bailiff and messenger. A crier may perform also the duties of law clerk if he is qualified to do so and the district judge who appointed him designates him to serve as a crier-law clerk. A crier designated to serve as a crier-law clerk shall receive the compensation of a law clerk, but only so much of that compensation as is in excess of the compensation to which he would be entitled as a crier shall be deemed the compensation of a law clerk for the purposes of any limitation imposed by law upon the aggregate salaries of law clerks and secretaries appointed by a district judge.
Each United States marshal may employ, with the approval of the judge, not exceeding four bailiffs as the district judge may determine, to attend the court, maintain order, wait upon the grand and petit juries, and perform such other necessary duties as the judge or marshal may direct.
If the position of crier or bailiff is to be filled by the appointment of a person who has not previously served as either crier or bailiff, preference in the appointment shall be given to a person who has served in the military or naval forces of the United States in time of war and who has been honorably discharged therefrom, if in the opinion of the appointing officer such person is as well qualified as any other available person to perform to the satisfaction of the appointing officer all the duties of the position.
June 25, 1948, ch. 646 62 Stat. 923 Pub. L. 89–28179 Stat. 1012 Pub. L. 100–690, title VII, § 7608(b)102 Stat. 4515 (, ; , , ; , , .)
Historical and Revision Notes
Mar. 3, 1905, ch. 1487 33 Stat. 1259 Mar. 3, 1911, ch. 231, § 5 36 Stat. 1088 June 1, 1922, ch. 204 42 Stat. 617 Jan. 3, 1923, ch. 21 42 Stat. 1084 May 28, 1924, ch. 204 43 Stat. 221 May 14, 1940, ch. 189 54 Stat. 204 June 28, 1941, ch. 258 55 Stat. 295 July 2, 1942, ch. 472 56 Stat. 486 July 1, 1943, ch. 182 57 Stat. 286 June 28, 1944, ch. 294 58 Stat. 410 Dec. 7, 1944, ch. 522 58 Stat. 796 May 21, 1945, ch. 129 59 Stat. 184 Based on title 28, U.S.C., 1940 ed., §§ 9, 595, 596 (R.S. § 715; , ; , ; , title II, ; , title II, ; , title II, ; , title III, ; , title III, ; , title III, ; , title II, ; , title II, ; , §§ 1, 2, ; , title II, ).
section 604 of this titleSection consolidates parts of sections 9, 595, and 596 of title 28, U.S.C., 1940 ed. The other provisions of such sections appear in .
section 604 of this titleCompensation of criers and other court attendants, except bailiffs under , will be fixed by the Director of the Administrative Office of the United States Courts.
Editorial Notes
Amendments
Pub. L. 100–6901988— struck out third par. which provided each bailiff an allowance of $6 a day for services to be paid only for actual attendance when court was in session or judge or jury was present.
Pub. L. 89–2811965— inserted provisions to first par. permitting a crier to perform duties of law clerk if he is qualified to do so and district judge who appointed him designates him to serve as a crier-law clerk, specifying that a crier-law clerk shall receive compensation of a law clerk, and requiring that only so much of that compensation as is in excess of compensation to which he would be entitled as a crier shall be deemed compensation of a law clerk for purposes of any limitation imposed by law upon aggregate salaries of law clerks and secretaries appointed by a district judge.