2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part II - DEPARTMENT OF JUSTICE (§§ 501 - 599B)
Chapter 35 - UNITED STATES ATTORNEYS (§§ 541 - 550)
Section 542 - Assistant United States attorneys
| Publication Title | United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 35 - UNITED STATES ATTORNEYS Sec. 542 - Assistant United States attorneys |
| Contains | section 542 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Added Pub. L. 89-554, §4(c), Sept. 6, 1966, 80 Stat. 618. |
| Statutes at Large References | 29 Stat. 181 41 Stat. 209 42 Stat. 1560 49 Stat. 1921 62 Stat. 911 80 Stat. 618 |
| Public Law References | Public Law 89-554 |
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(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 ActPrior 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 reviser's 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 reviser's 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 ProvisionsA 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.
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