28 U.S.C. § 755 — Criers and bailiffs
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 271 words · no verdicts yet
District judges may appoint criers, who may also serve as bailiffs, messengers, or qualified law clerks. Marshals may employ up to four bailiffs with a judge’s approval, and qualified honorably discharged wartime military veterans receive appointment preference.
Each district* judge may appoint a crier for the court over which the judge presides. The crier must also perform bailiff and messenger duties. A qualified crier may also perform law-clerk duties if the appointing district judge designates the person as a crier-law clerk. That person receives a law clerk’s compensation, but only the amount above the compensation the person would receive as a crier counts as law-clerk compensation for legal limits on the total salaries of law clerks and secretaries appointed by a district judge.
With the judge’s approval, each United States marshal may employ up to four bailiffs, as the district judge determines. The bailiffs attend court, maintain order, wait on grand and petit juries, and perform other necessary duties the judge or marshal directs.
If a crier or bailiff is to be appointed from among people who have never served as a crier or bailiff, the appointing officer must prefer a person who served in the United States military or naval forces during wartime and was honorably discharged, if the appointing officer believes that person is as qualified as any other available person to perform all duties of the job satisfactorily.
Each district* judge may appoint a crier for the court in which he presides who shall perform also the duties of bailiff and messenger. A crier may perform also the duties of law clerk if he is qualified to do so and the district judge who appointed him designates him to serve as a crier-law clerk. A crier designated to serve as a crier-law clerk shall receive the compensation of a law clerk, but only so much of that compensation as is in excess of the compensation to which he would be entitled as a crier shall be deemed the compensation of a law clerk for the purposes of any limitation imposed by law upon the aggregate salaries of law clerks and secretaries appointed by a district judge.
Each United States marshal may employ, with the approval of the judge, not exceeding four bailiffs as the district judge may determine, to attend the court, maintain order, wait upon the grand and petit juries, and perform such other necessary duties as the judge or marshal may direct.
If the position of crier or bailiff is to be filled by the appointment of a person who has not previously served as either crier or bailiff, preference in the appointment shall be given to a person who has served in the military or naval forces of the United States in time of war and who has been honorably discharged therefrom, if in the opinion of the appointing officer such person is as well qualified as any other available person to perform to the satisfaction of the appointing officer all the duties of the position.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 923; Pub. L. 89–281, Oct. 21, 1965, 79 Stat. 1012; Pub. L. 100–690, title VII, § 7608(b), Nov. 18, 1988, 102 Stat. 4515.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 923
- 1965Amended · Pub. L. 89-281 · 79 Stat. 1012
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4515
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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