FEDERAL · 28 U.S.C. · Chapter 57
Clerks ineligible for certain offices
28 U.S.C. § 957
Title28 — Judiciary and Judicial Procedure
Chapter57 — GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND EMPLOYEES
This text of 28 U.S.C. § 957 (Clerks ineligible for certain offices) 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. § 957.
Text
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.
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Related
United States v. Jacobs
187 F. Supp. 630 (D. Maryland, 1959)
Schueler v. Rayjas Enterprises, Inc.
847 F. Supp. 1147 (S.D. New York, 1994)
Source Credit
History
(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.)
Editorial Notes
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.
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.
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.
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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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Bluebook (online)
28 U.S.C. § 957, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/957.