28-U.S.C.-542
§542 – Assistant United States Attorneys
Pathway
Title 28 > Part II > Chapter 35 > Section 542
Details
- Reference: Section 542
- Legend: §542 – Assistant United States Attorneys
- USCode Year: 2013
Provision Content
(a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires.
(b) Each assistant United States attorney is subject to removal by the Attorney General.
(Added Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 618.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 28 U.S.C. 502. | [None]. |
| (b) | 28 U.S.C. 504(b) (2d sentence, as applicable to assistant United States attorneys). | [None]. |
In subsection (b), the word is is substituted for shall be.
1948 Act
Prior section 502.—Based on title 28, U.S.C., 1940 ed., §§483, 594 (May 28, 1896, ch. 252, §8, 29 Stat. 181; July 19, 1919, ch. 24, §1, 41 Stat. 209; Mar. 4, 1923, ch. 295, 42 Stat. 1560; June 25, 1936, ch. 804, 49 Stat. 1921).
Section consolidates sections 483 and 594 of title 28, U.S.C., 1940 ed., relating to appointment of assistant United States attorneys.
Words United States attorneys were substituted for district attorneys. (See revisers note under section 501 [now 541] of this title.)
The exception of Alaska from the operation of such section 483 was omitted as covered by section 109 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, authorizing appointment of assistant United States attorneys in Alaska.
Reference in such section 483 to District of Columbia was omitted. (See revisers note under section 501 [now 541] of this title.)
The provisions of sections 483 and 594 of title 28, U.S.C., 1940 ed., requiring the judges and United States attorneys to certify or evidence in writing the necessity for assistant United States attorneys in their respective districts, and specifying that such opinion of the judge shall state to the Attorney General the facts as distinguished from conclusions, showing the necessity therefor, were omitted. The Attorney General, as chief law enforcement officer, is in a better position to determine such necessity.
The salary provisions of such section 594 were omitted as covered by section 508 [now 548] of this title.
Changes were made in phraseology.
Prior Provisions
A prior section 542, act June 25, 1948, ch. 646, 62 Stat. 911, related to appointment and tenure of deputies and assistants for United States marshals, prior to repeal by Pub. L. 89–554, §8(a), and reenactment in section 562 of this title by section 4(c) of Pub. L. 89–554.
U.S. Encyclopedia of Law Coverage
Chapter 35 – United States Attorneys in the Legal Encyclopedia: Judiciary
In this entry about Chapter 35 – United States Attorneys, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-540C in the Legal Encyclopedia: Justice
In this entry about 28-U.S.C.-540C, find legal reference material, bibliographies and premiere content related to justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice-specific issues, written by authorities in the field.
28-U.S.C.-541 in the Legal Encyclopedia: Department of Justice
In this entry about 28-U.S.C.-541, find legal reference material, bibliographies and premiere content related to department of justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States department of justice-specific issues, written by authorities in the field.
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