28 U.S.C. § 566 — Powers and duties

submitted 38 years ago by Pub. L. 100-690 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 643 words · no verdicts yet

in plain englishAI-generated · not legal advice

The United States Marshals Service protects the federal courts, executes their orders, protects threatened people, investigates fugitive matters, and performs other listed duties. Marshals have specified arrest and firearm powers and must handle money, prisoners, and process as required.

(a) The primary mission of the United States Marshals Service is to provide security and obey, execute, and enforce lawful orders of the United States district courts, courts of appeals, Court of International Trade, and Tax Court. (b) Each district’s United States marshal serves the district court, the court of appeals when it sits there, and the Court of International Trade when it holds sessions there, and may be required by those courts to attend sessions. (c) Unless law or a Rule of Procedure says otherwise, the Service must execute lawful United States writs, process, and orders and command needed assistance. (d) Each marshal, deputy marshal, and Director-designated Service official may carry firearms and arrest without a warrant for a United States offense committed in the person’s presence, or for a Federal felony when there are reasonable grounds to believe the person committed or is committing it. (e) (1) The Service may protect Federal judges, court officers, witnesses, and other threatened people when criminal intimidation harms judicial or other official proceedings; investigate fugitive matters inside or outside the United States as the Attorney General directs; issue section 3486 title 18 administrative subpoenas solely to investigate unregistered sex offenders as that section defines them; and, at an agency’s request, help State, local, and Federal agencies find and recover missing children. (2) Fugitive investigations under (1)(B) do not interfere with or replace other Federal agencies’ authority. (f) Under the Director’s procedures, and except for money deposited under section 2041, each marshal must deposit collected public money in the Treasury, subject to the marshal’s disbursement. At each accounting period’s end, the portion earned for the United States must be deposited into the proper receipt accounts. (g) Before resigning, retiring, or being removed, a marshal must deliver all prisoners in the marshal’s custody and unserved process to the successor, and a deputy must deliver all process in the deputy’s custody to the marshal. (h) Marshals must pay United States Attorneys’ office expenses as the Attorney General directs. (i) The Director must continuously consult the Judicial Conference about Federal judicial-branch security requirements. The consultation must ensure its views are considered when staffing levels, judicial-security program priorities, and resources are set. “Judicial security” includes courthouse security, judges’ personal security, threat assessments, and protection of other judicial personnel. The Service retains final authority over those requirements.

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

(a)

It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law.

(b)

The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court.

(c)

Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties.

(d)

Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

(e)

(1)

The United States Marshals Service is authorized to—

(A)

provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding;

(B)

investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General;

(C)

issue administrative subpoenas in accordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders (as defined in such section 3486); and

(D)

assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children.

(2)

Nothing in paragraph (1)(B) shall be construed to interfere with or supersede the authority of other Federal agencies or bureaus.

(f)

In accordance with procedures established by the Director, and except for public money deposited under section 2041 of this title, each United States marshal shall deposit public moneys that the marshal collects into the Treasury, subject to disbursement by the marshal. At the end of each accounting period, the earned part of public moneys accruing to the United States shall be deposited in the Treasury to the credit of the appropriate receipt accounts.

(g)

Prior to resignation, retirement, or removal from office—

(1)

a United States marshal shall deliver to the marshal’s successor all prisoners in his custody and all unserved process; and

(2)

a deputy marshal shall deliver to the marshal all process in the custody of the deputy marshal.

(h)

The United States marshals shall pay such office expenses of United States Attorneys as may be directed by the Attorney General.

(i)

The Director of the United States Marshals Service shall consult with the Judicial Conference of the United States on a continuing basis regarding the security requirements for the judicial branch of the United States Government, to ensure that the views of the Judicial Conference regarding the security requirements for the judicial branch of the Federal Government are taken into account when determining staffing levels, setting priorities for programs regarding judicial security, and allocating judicial security resources. In this paragraph, the term “judicial security” includes the security of buildings housing the judiciary, the personal security of judicial officers, the assessment of threats made to judicial officers, and the protection of all other judicial personnel. The United States Marshals Service retains final authority regarding security requirements for the judicial branch of the Federal Government.

Source credit: (Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4514; amended Pub. L. 110–177, title I, §§ 101(a), 102(a), Jan. 7, 2008, 121 Stat. 2534, 2535; Pub. L. 112–206, § 4(b), Dec. 7, 2012, 126 Stat. 1492; Pub. L. 114–22, title VI, § 605, May 29, 2015, 129 Stat. 260.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 100-690 · 102 Stat. 4514
2008Amended · Pub. L. 110-177 · 121 Stat. 2534, 2535
2012Amended · Pub. L. 112-206 · 126 Stat. 1492
2015Amended · Pub. L. 114-22 · 129 Stat. 260

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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