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25 U.S.C. § 372–2 — Indian probate judges

submitted 21 years ago by Pub. L. 109-54 to r/title-25-INDIANS · 154 words · no verdicts yet

in plain englishAI-generated · not legal advice

Starting in fiscal year 2006, Indian probate cases at the Interior Department can be heard by an Indian probate judge instead of meeting the usual hearing rules directly. The Secretary appoints these judges outside normal civil-service rules, sets their pay, but can't pay them more than the top federal General Schedule rate.

No matter what other laws say, starting in fiscal year 2006 and every year after, the hearing requirements found in chapter 10 of this title are treated as satisfied, for Indian probate cases at the Department of the Interior, if the case is instead heard by an Indian probate judge. The Secretary appoints this judge without following the usual title 5 competitive-service appointment rules, and decides how long the appointment lasts. The Secretary can also set the judge's base pay without following the usual title 5 pay-classification rules (chapter 51 and part of chapter 53) — except that the judge's pay can never exceed the top rate of the highest General Schedule grade, including any local pay adjustment.

the actual law source: uscode.house.gov ↗public domain

Notwithstanding any other provision of law, for fiscal year 2006 and each fiscal year thereafter, for the purpose of adjudicating Indian probate cases in the Department of the Interior, the hearing requirements of chapter 10 of this title are deemed satisfied by a proceeding conducted by an Indian probate judge, appointed by the Secretary without regard to the provisions of title 5 governing the appointments in the competitive service, for such period of time as the Secretary determines necessary: Provided, That the basic pay of an Indian probate judge so appointed may be fixed by the Secretary without regard to the provisions of chapter 51, and subchapter III of chapter 53 of title 5, governing the classification and pay of General Schedule employees, except that no such Indian probate judge may be paid at a level which exceeds the maximum rate payable for the highest grade of the General Schedule, including locality pay.

Source credit: (Pub. L. 109–54, title I, § 108, Aug. 2, 2005, 119 Stat. 522; Pub. L. 112–74, div. E, title I, § 111, Dec. 23, 2011, 125 Stat. 1009.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-54 · 119 Stat. 522
  • 2011Amended · Pub. L. 112-74 · 125 Stat. 1009

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-54 on 2005-08-02.

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