28 U.S.C. § 751 — Clerks
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 377 words · no verdicts yet
Each district court may appoint and remove a clerk, who may appoint approved staff. The section sets residence, compensation, money-handling, and Court of International Trade duties for clerks.
(a) Each district court* may appoint a clerk, and the court may remove the clerk. (b) With the court’s approval, the clerk may appoint the needed deputies, clerical assistants, and employees, in the number the Director of the Administrative Office of the United States Courts approves. The clerk may remove those staff members with the court’s approval. (c) Each district*-court clerk must live in the district of appointment. The clerk of the District of Columbia or Southern District of New York may instead live within 20 miles of the district. The district court may choose places in the district for the clerk’s and deputies’ offices and official stations. (d) A clerk, deputy, or assistant may not receive compensation or other payments through another office or position to which the court appoints that person, beyond the compensation received as clerk, deputy, or assistant, whether from the United States or private litigants. This does not apply to clerks or deputy clerks appointed as United States magistrate judges under section 631. (e) Each clerk must pay into the Treasury all collected fees, costs, and other money, except the naturalization fees listed in section 742 of title 8 and uncollected fees that Congress does not require to be paid in advance. The clerk must report those amounts to the Director under the Director’s regulations. (f) If the Court of International Trade sits in a judicial district* other than the Southern or Eastern District of New York, that district’s district-court clerk or an authorized deputy, when the Court of International Trade’s chief judge requests it and the district court approves, must act there as the Court of International Trade’s clerk for all purposes concerning the civil action then pending, as that court’s rules and orders provide.
Each district court* may appoint a clerk who shall be subject to removal by the court.
The clerk may appoint, with the approval of the court, necessary deputies, clerical assistants and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies, clerical assistants and employees shall be subject to removal by the clerk with the approval of the court.
The clerk of each district* court shall reside in the district for which he is appointed, except that the clerk of the district court for the District of Columbia and the Southern District of New York may reside within twenty miles thereof. The district court may designate places within the district for the offices of the clerk and his deputies, and their official stations.
A clerk of a district court or his deputy or assistant shall not receive any compensation or emoluments through any office or position to which he is appointed by the court, other than that received as such clerk, deputy or assistant, whether from the United States or from private litigants.
This subsection shall not apply to clerks or deputy clerks appointed as United States magistrate judges pursuant to section 631 of this title.
The clerk of each district court shall pay into the Treasury all fees, costs and other moneys collected by him, except naturalization fees listed in section 742 of Title 8 and uncollected fees not required by Act of Congress to be prepaid.
He shall make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by him.
When the Court of International Trade is sitting in a judicial district*, other than the Southern District or Eastern District of New York, the clerk of the district court of such judicial district or an authorized deputy clerk, upon the request of the chief judge of the Court of International Trade and with the approval of such district court, shall act in the district as clerk of the Court of International Trade, as prescribed by the rules and orders of the Court of International Trade for all purposes relating to the civil action then pending before such court.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 920; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 96–417, title V, § 504, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 920
- 1968Amended · Pub. L. 90-578 · 82 Stat. 1118
- 1980Amended · Pub. L. 96-417 · 94 Stat. 1743
- 1990Amended · Pub. L. 101-650 · 104 Stat. 5117
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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