§ 544. — Oath of office.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC544]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 35--UNITED STATES ATTORNEYS
Sec. 544. Oath of office
Each United States attorney, assistant United States attorney, and
attorney appointed under section 543 of this title, before taking
office, shall take an oath to execute faithfully his duties.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618.)
Historical and Revision Notes
1966 Act
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
28 U.S.C. 504(c). [None].
------------------------------------------------------------------------
1948 Act
Prior section 504.--Based on section 315 of title 5, U.S.C., 1940
ed., Executive Departments and Government Officers and Employees, title
28, U.S.C., 1940 ed., Sec. 482, and sections 643 and 863 of title 48,
U.S.C., 1940 ed., Territories and Insular Possessions (R.S. Secs. 366,
769; June 24, 1898, ch. 495, Sec. 1, 30 Stat. 487; Apr. 12, 1900, ch.
191, Sec. 34, 31 Stat. 85; Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat.
158; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; Jan. 7, 1913, ch. 6,
37 Stat. 648; Mar. 2, 1917, ch. 145, Sec. 41, 39 Stat. 965; Mar. 4,
1921, ch. 161, Sec. 1, 41 Stat. 1412; July 9, 1921, ch. 42, Sec. 313, 42
Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Apr. 17, 1930, ch. 174,
46 Stat. 170; Mar. 26, 1938, ch. 51, Sec. 2, 52 Stat. 118).
Section consolidates parts of sections 315 of title 5, U.S.C., 1940
ed., and 643 and 863 of title 48, both U.S.C., 1940 ed., with section
482 of title 28, U.S.C., 1940 ed. It is recommended that said section
315 be amended so as to omit those provisions relating to special
attorneys to assist ``district attorneys'' which were used as part of
the basis for this section, as other parts of said section 315, relating
to special assistants to the Attorney General, and to foreign counsel,
are to remain in title 5.
Words ``United States attorney'' were substituted for district
attorney, and reference to District of Columbia was omitted. (See
reviser's note under section 501 [now 541] of this title.)
Reference to the territories in said section 482, was also omitted
as covered by provisions of title 48, U.S.C., 1940 ed., Territories and
Insular Possessions. See sections 109 and 112 of such title applicable
to United States attorney in Alaska, and 1353 applicable in the Canal
Zone, and 1405y applicable in the Virgin Islands.
The provision as to the tenure of the assistant United States
attorneys and special attorneys is new. Existing law contains no
provision as to tenure or removal of such officials. While the Supreme
Court has held that the power of removal of executive officials is
incident to the power of appointment, this section expressly provides
for removal. See Meyers v. United States, 1926 (47 S.Ct. 21, 272 U.S.
52, 71 L.Ed. 160).
Said section 315 contained a provision that special attorneys
appointed to assist United States attorneys should take the same oath
required of the latter. This section was extended to assistant United
States attorneys, respecting whom no provision existed as to oaths.
A portion of section 863 of title 48, U.S.C., 1940 ed., is retained
in said title 48. For remainder of said section 863, see Distribution
Table. Other provisions of section 643 of such title are incorporated in
sections 133, 501 [now 541], and 541 [see 561] of this title.
Other changes were made in phraseology.
Prior Provisions
A prior section 544, acts June 25, 1948, ch. 646, 62 Stat. 911;
Sept. 2, 1958, Pub. L. 85-856, 72 Stat. 1104, related to bonds of United
States marshals, prior to repeal by Pub. L. 89-554, Sec. 8(a), and
reenactment in section 564 of this title by section 4(c) of Pub. L. 89-
554.
