28-U.S.C.-794
§794 – Law Clerks and Secretaries
Pathway
Title 28 > Part III > Chapter 51 > Section 794
Details
- Reference: Section 794
- Legend: §794 – Law Clerks and Secretaries
- USCode Year: 2013
Provision Content
The judges of the United States Court of Federal Claims may appoint necessary law clerks and secretaries, in such numbers as the Judicial Conference of the United States may approve for district judges, subject to any limitation of the aggregate salaries of such employees which may be imposed by law. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.
(June 25, 1948, ch. 646, 62 Stat. 924; Pub. L. 97–164, title I, §121(c)(1), Apr. 2, 1982, 96 Stat. 34; Pub. L. 100–702, title X, §1003(a)(3), Nov. 19, 1988, 102 Stat. 4665; Pub. L. 102–572, title IX, §§902(a)(1), 905, Oct. 29, 1992, 106 Stat. 4516, 4517.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §270 (Feb. 24, 1925, ch. 301, §2, 43 Stat. 965; May 29, 1928, ch. 852, §711, 45 Stat. 882; June 23, 1930, ch. 573, §1, 46 Stat. 799; Oct. 16, 1941, ch. 443, 55 Stat. 741).
The first sentence of the revised section makes express provision for appointment of stenographers and necessary clerical employees.
Other provisions of section 270 of title 28, U.S.C., 1940 ed., are incorporated in sections 456 and 792 of this title.
Specific provision for $5 per diem for stenographers is omitted as unnecessary and inconsistent with section 962 of this title. Travel and subsistence allowances of Government employees are governed by sections 822–833 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees.
Changes were made in phraseology.
Amendments
1992—Pub. L. 102–572 substituted United States Court of Federal Claims for United States Claims Court and inserted for district judges after may approve in first sentence.
1988—Pub. L. 100–702 inserted at end A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.
1982—Pub. L. 97–164 substituted Law clerks and secretaries for Stenographers and clerical employees as section catchline and, in text, substituted The judges of the United States Claims Court may appoint necessary law clerks and secretaries, in such numbers as the Judicial Conference of the United States may approve, subject to any limitation of the aggregate salaries of such employees which may be imposed by law for The Court of Claims shall appoint stenographers and other clerical employees in such numbers as may be necessary each of whom shall be subject to removal by the court.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
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