§ 546. — Vacancies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC546]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 35--UNITED STATES ATTORNEYS
Sec. 546. Vacancies
(a) Except as provided in subsection (b), the Attorney General may
appoint a United States attorney for the district in which the office of
United States attorney is vacant.
(b) The Attorney General shall not appoint as United States attorney
a person to whose appointment by the President to that office the Senate
refused to give advice and consent.
(c) A person appointed as United States attorney under this section
may serve until the earlier of--
(1) the qualification of a United States attorney for such
district appointed by the President under section 541 of this title;
or
(2) the expiration of 120 days after appointment by the Attorney
General under this section.
(d) If an appointment expires under subsection (c)(2), the district
court for such district may appoint a United States attorney to serve
until the vacancy is filled. The order of appointment by the court shall
be filed with the clerk of the court.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 618; amended
Pub. L. 99-646, Sec. 69, Nov. 10, 1986, 100 Stat. 3616.)
Historical and Revision Notes
1966 Act
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
28 U.S.C. 506. [None].
------------------------------------------------------------------------
1948 Act
Prior section 506.--Based on title 28, U.S.C., 1940 ed., Sec. 511
(R.S. Sec. 793; June 24, 1898, ch. 495, Sec. 2, 30 Stat. 487; Mar. 3,
1911, ch. 231, Sec. 291, 36 Stat. 1167).
Words ``United States attorney'' were substituted for ``district
attorney.'' (See Reviser's Note under section 501 [now 541] of this
title.)
Words ``The Supreme Court of the Territory, and the district court
of the United States for the District of Columbia'' were omitted as
obsolete. This section, as revised, applies to all districts enumerated
in chapter 5 of this title. There were no provisions respecting
vacancies in Hawaii and Puerto Rico. Therefore this section remedies
this situation and establishes a uniform method to fill interim
vacancies.
Words ``and a copy shall be entered on the journal of the court''
after ``filed in the clerk's office of said court'', in section 511 of
title 28, U.S.C., 1940 ed., were omitted as unnecessary.
The provisions of section 511 of title 28, U.S.C., 1940 ed.,
relating to marshals, are incorporated in sections 544 and 545 [see
Prior Provisions notes under those sections] of this title.
Changes were made in phraseology.
Prior Provisions
A prior section 546, act June 25, 1948, ch. 646, 62 Stat. 911,
related to death of a marshal, prior to repeal by Pub. L. 89-554,
Sec. 8(a), and reenactment in section 566 of this title by section 4(c)
of Pub. L. 89-554.
Amendments
1986--Pub. L. 99-646 amended section generally. Prior to amendment,
section read as follows: ``The district court for a district in which
the office of United States attorney is vacant may appoint a United
States attorney to serve until the vacancy is filled. The order of
appointment by the court shall be filed with the clerk of the court.''
