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28 U.S.C. § 562 — Vacancies

submitted 38 years ago by Pub. L. 100-690 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 164 words · no verdicts yet

in plain englishAI-generated · not legal advice

(a) When a marshal’s office is vacant, the Attorney General may designate an acting marshal, but not a President-appointed person whose appointment the Senate rejected. (b) The designee serves until the earliest of (1) a President-appointed marshal enters office under section 561(c), (2) the 30th day after the next Senate session ends, or (3) if the designee is appointed and rejected, the 30th day after that rejection.

(a) When a marshal’s office is vacant, the Attorney General may designate an acting marshal, but not a President-appointed person whose appointment the Senate rejected. (b) The designee serves until the earliest of (1) a President-appointed marshal enters office under section 561(c), (2) the 30th day after the next Senate session ends, or (3) if the designee is appointed and rejected, the 30th day after that rejection.

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

In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent.

(b)

A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events:

(1)

The entry into office of a United States marshal appointed by the President, pursuant to section 561(c).

(2)

The expiration of the thirtieth day following the end of the next session of the Senate.

(3)

If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal.

Source credit: (Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-690 · 102 Stat. 4513

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-690 on 1988-11-18.

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