FEDERAL · 28 U.S.C. · Chapter 49
Power to appoint
28 U.S.C. § 756
Title28 — Judiciary and Judicial Procedure
Chapter49 — DISTRICT COURTS
This text of 28 U.S.C. § 756 (Power to appoint) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
28 U.S.C. § 756.
Text
Whenever a majority of the district judges of any district court cannot agree upon the appointment of any officer of such court, the chief judge shall make such appointment.
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Source Credit
History
(June 25, 1948, ch. 646, 62 Stat. 923.)
Editorial Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §375 (Mar. 3, 1911, ch. 231, §260, 36 Stat. 1161; Feb. 25, 1919, ch.29, §6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; May 11, 1944, ch. 192, §§1, 3, 58 Stat. 218, 219).
Only part of section 375 of title 28, U.S.C., 1940 ed., appears in this section. The remainder is incorporated in sections 136, 294 and 371 of this title.
The term "chief judge" was substituted for "senior district judge". (See reviser's note under section 136 of this title.)
Minor changes in phraseology were made.
Editorial Notes
Codification
Chapter 50, consisting of sections 771 to 775, which was added by Pub. L. 95–598, title II, §233(a), Nov. 6, 1978, 92 Stat. 2665, and which related to bankruptcy courts, 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.
Editorial Notes
Amendments
1992—Pub. L. 102–572, title IX, §902(a)(1), Oct. 29, 1992, 106 Stat. 4516, substituted "UNITED STATES COURT OF FEDERAL CLAIMS" for "UNITED STATES CLAIMS COURT" as chapter heading.
1984—Pub. L. 98–620, title IV, §416(b), Nov. 8, 1984, 98 Stat. 3364, added item 798.
1982—Pub. L. 97–164, title I, §121(b), (c)(2), (d)(2), (f)(2), (g)(2), Apr. 2, 1982, 96 Stat. 34–36, substituted "UNITED STATES CLAIMS COURT" for "COURT OF CLAIMS" as chapter heading and, in analysis of sections in the chapter, struck out item 792 "Commissioners" substituted "Law clerks and secretaries" for "Stenographers and clerical employees" in item 794, substituted "Bailiffs and messengers" for "Bailiff and messenger" in item 795, and substituted "judges" for "commissioners" in item 797.
1972—Pub. L. 92–375, §1, Aug. 10, 1972, 86 Stat. 529, added item 797.
1970—Pub. L. 91–272, §15(b), June 2, 1970, 84 Stat. 298, added item 796.
1954—Act Sept. 3, 1954, ch. 1263, §40, 68 Stat. 1240, struck out item 793 "Reporter-commissioners; stenographers".
Based on title 28, U.S.C., 1940 ed., §375 (Mar. 3, 1911, ch. 231, §260, 36 Stat. 1161; Feb. 25, 1919, ch.29, §6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; May 11, 1944, ch. 192, §§1, 3, 58 Stat. 218, 219).
Only part of section 375 of title 28, U.S.C., 1940 ed., appears in this section. The remainder is incorporated in sections 136, 294 and 371 of this title.
The term "chief judge" was substituted for "senior district judge". (See reviser's note under section 136 of this title.)
Minor changes in phraseology were made.
Editorial Notes
Codification
Chapter 50, consisting of sections 771 to 775, which was added by Pub. L. 95–598, title II, §233(a), Nov. 6, 1978, 92 Stat. 2665, and which related to bankruptcy courts, 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.
Editorial Notes
Amendments
1992—Pub. L. 102–572, title IX, §902(a)(1), Oct. 29, 1992, 106 Stat. 4516, substituted "UNITED STATES COURT OF FEDERAL CLAIMS" for "UNITED STATES CLAIMS COURT" as chapter heading.
1984—Pub. L. 98–620, title IV, §416(b), Nov. 8, 1984, 98 Stat. 3364, added item 798.
1982—Pub. L. 97–164, title I, §121(b), (c)(2), (d)(2), (f)(2), (g)(2), Apr. 2, 1982, 96 Stat. 34–36, substituted "UNITED STATES CLAIMS COURT" for "COURT OF CLAIMS" as chapter heading and, in analysis of sections in the chapter, struck out item 792 "Commissioners" substituted "Law clerks and secretaries" for "Stenographers and clerical employees" in item 794, substituted "Bailiffs and messengers" for "Bailiff and messenger" in item 795, and substituted "judges" for "commissioners" in item 797.
1972—Pub. L. 92–375, §1, Aug. 10, 1972, 86 Stat. 529, added item 797.
1970—Pub. L. 91–272, §15(b), June 2, 1970, 84 Stat. 298, added item 796.
1954—Act Sept. 3, 1954, ch. 1263, §40, 68 Stat. 1240, struck out item 793 "Reporter-commissioners; stenographers".
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Bluebook (online)
28 U.S.C. § 756, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/756.