2010 US Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART III - COURT OFFICERS AND EMPLOYEES
CHAPTER 57 - GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND EMPLOYEES
Sec. 957 - Clerks ineligible for certain offices

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 4, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART III - COURT OFFICERS AND EMPLOYEES
CHAPTER 57 - GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND EMPLOYEES
Sec. 957 - Clerks ineligible for certain offices
Containssection 957
Date2010
Laws in Effect as of DateJanuary 7, 2011
Positive LawYes
Dispositionstandard
Source CreditJune 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.
Statutes at Large References36 Stat. 1105
62 Stat. 926
92 Stat. 2667
96 Stat. 36
98 Stat. 342
Public Law ReferencesPublic Law 95-598, Public Law 97-164, Public Law 98-353


§957. Clerks ineligible for certain offices

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.

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