28-U.S.C.-957
§957 – Clerks Ineligible For Certain offices
Pathway
Title 28 > Part III > Chapter 57 > Section 957
Details
- Reference: Section 957
- Legend: §957 – Clerks Ineligible For Certain offices
- USCode Year: 2013
Provision Content
A clerk of a court or any of his deputies shall not be appointed a commissioner, master, referee or receiver in any case, unless there are special reasons requiring such appointment which are recited in the order of appointment.
(June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 95–598, title II, §234, Nov. 6, 1978, 92 Stat. 2667; Pub. L. 97–164, title I, §122(b), Apr. 2, 1982, 96 Stat. 36; Pub. L. 98–353, title I, §109, July 10, 1984, 98 Stat. 342.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§127, 304 (Mar. 3, 1911, ch. 231, §§68, 191, 36 Stat. 1105, 1144).
Section consolidates section 127 with part of 304 of title 28, U.S.C., 1940 ed.
Provisions of section 304 of title 28, U.S.C., 1940 ed., relating to appointment, powers, duties, and compensation of the clerk of the Court of Customs and Patent Appeals, and table of fees are incorporated in sections 604, 831, 956 and 1926 of this title.
Appointment and compensation of masters for district courts, see Rule 53(a) of the Federal Rules of Civil Procedure.
The words commissioner and referee did not appear in section 127 of title 28, U.S.C., 1940 ed. They were added to subsection (a) to remove possible ambiguity.
Words by the court or any judge thereof in section 304 of title 28, U.S.C., 1940 ed., were omitted as surplusage.
Words or assistant clerks and in any case were added in subsection (b) to make the section applicable to that officer and consistent with the prohibition in this section against deputies of district court clerks.
Minor changes were made in phraseology.
Amendments
1984—Pub. L. 98–353 struck out district before court.
1982—Pub. L. 97–164 struck out designation (a) before A clerk of a district court and struck out subsec. (b) which had provided that the clerk or assistant clerk of the Court of Customs and Patent Appeals could not be appointed a commissioner, master, or referee in any case.
1978—Pub. L. 95–598 directed the amendment of section by inserting or bankruptcy court after district court, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353 effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as an Effective Date note under section 151 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.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-798 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-798, 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.-798 in the Legal Encyclopedia: Court Personnel
In this entry about 28-U.S.C.-798, find legal reference material, bibliographies and premiere content related to court personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States court personnel-specific issues, written by authorities in the field.
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