§ 156. — Staff; expenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC156]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 6--BANKRUPTCY JUDGES
Sec. 156. Staff; expenses
(a) Each bankruptcy judge may appoint a secretary, a law clerk, and
such additional assistants as the Director of the Administrative Office
of the United States Courts determines to be necessary. A law clerk
appointed under this section shall be exempt from the provisions of
subchapter I of chapter 63 of title 5, unless specifically included by
the appointing judge or by local rule of court.
(b) Upon certification to the judicial council of the circuit
involved and to the Director of the Administrative Office of the United
States Courts that the number of cases and proceedings pending within
the jurisdiction under section 1334 of this title within a judicial
district so warrants, the bankruptcy judges for such district may
appoint an individual to serve as clerk of such bankruptcy court. The
clerk may appoint, with the approval of such bankruptcy judges, and in
such number as may be approved by the Director, necessary deputies, and
may remove such deputies with the approval of such bankruptcy judges.
(c) Any court may utilize facilities or services, either on or off
the court's premises, which pertain to the provision of notices,
dockets, calendars, and other administrative information to parties in
cases filed under the provisions of title 11, United States Code, where
the costs of such facilities or services are paid for out of the assets
of the estate and are not charged to the United States. The utilization
of such facilities or services shall be subject to such conditions and
limitations as the pertinent circuit council may prescribe.
(d) No office of the bankruptcy clerk of court may be consolidated
with the district clerk of court office without the prior approval of
the Judicial Conference and the Congress.
(e) In a judicial district where a bankruptcy clerk has been
appointed pursuant to subsection (b), the bankruptcy clerk shall be the
official custodian of the records and dockets of the bankruptcy court.
(f) For purposes of financial accountability in a district where a
bankruptcy clerk has been certified, such clerk shall be accountable for
and pay into the Treasury all fees, costs, and other monies collected by
such clerk except uncollected fees not required by an Act of Congress to
be prepaid. Such clerk shall make returns thereof to the Director of the
Administrative Office of the United States Courts and the Director of
the Executive Office For United States Trustees, under regulations
prescribed by such Directors.
(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat.
339; amended Pub. L. 99-554, title I, Secs. 103, 142, 144(a), Oct. 27,
1986, 100 Stat. 3090, 3096; Pub. L. 100-702, title X, Sec. 1003(a)(3),
Nov. 19, 1988, 102 Stat. 4665.)
Amendments
1988--Subsec. (a). Pub. L. 100-702 inserted at end ``A law clerk
appointed under this section shall be exempt from the provisions of
subchapter I of chapter 63 of title 5, unless specifically included by
the appointing judge or by local rule of court.''
1986--Subsec. (d). Pub. L. 99-554, Sec. 103, added subsec. (d).
Subsecs. (e), (f). Pub. L. 99-554, Secs. 142, 144(a), added subsecs.
(e) and (f).
Effective Date of 1986 Amendment
Amendment by section 103 of Pub. L. 99-554 effective Oct. 27, 1986,
and amendment by sections 142 and 144 of Pub. L. 99-554 effective 30
days after Oct. 27, 1986, see section 302(a), (b) of Pub. L. 99-554, set
out as a note under section 581 of this title.
Section Referred to in Other Sections
This section is referred to in section 1930 of this title.
