A clerk of a court or any of his deputies shall not be appointed a commissioner, master, referee or receiver in any case, unless there are special reasons requiring such appointment which are recited in the order of appointment.
June 25, 1948, ch. 64662 Stat. 926Pub. L. 95–598, title II, § 23492 Stat. 2667Pub. L. 97–164, title I, § 122(b)96 Stat. 36Pub. L. 98–353, title I, § 10998 Stat. 342(, ; , , ; , , ; , , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 23136 Stat. 1105Based on title 28, U.S.C., 1940 ed., §§ 127, 304 (, §§ 68, 191, , 1144).
Section consolidates section 127 with part of 304 of title 28, U.S.C., 1940 ed.
section 304 of title 28Provisions of , U.S.C., 1940 ed., relating to appointment, powers, duties, and compensation of the clerk of the Court of Customs and Patent Appeals, and table of fees are incorporated in sections 604, 831, 956 and 1926 of this title.
Appointment and compensation of masters for district courts, see Rule 53(a) of the Federal Rules of Civil Procedure.
section 127 of title 28The words “commissioner” and “referee” did not appear in , U.S.C., 1940 ed. They were added to subsection (a) to remove possible ambiguity.
section 304 of title 28Words “by the court or any judge thereof” in , U.S.C., 1940 ed., were omitted as surplusage.
Words “or assistant clerks” and “in any case” were added in subsection (b) to make the section applicable to that officer and consistent with the prohibition in this section against deputies of district court clerks.
Minor changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 98–3531984— struck out “district” before “court”.
Pub. L. 97–1641982— struck out designation “(a)” before “A clerk of a district court” and struck out subsec. (b) which had provided that the clerk or assistant clerk of the Court of Customs and Patent Appeals could not be appointed a commissioner, master, or referee in any case.
Pub. L. 95–598section 402(b) of Pub. L. 95–598section 101 of Title 111978— directed the amendment of section by inserting “or bankruptcy court” after “district court”, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–353section 122(a) of Pub. L. 98–353section 151 of this titleAmendment by effective , see , set out as an Effective Date note under .
Effective Date of 1982 Amendment
Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .