[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC671]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 45--SUPREME COURT
Sec. 671. Clerk
(a) The Supreme Court may appoint and fix the compensation of a
clerk and one or more deputy clerks. The clerk shall be subject to
removal by the Court. Deputy clerks shall be subject to removal by the
clerk with the approval of the Court or the Chief Justice of the United
States.
[(b) Repealed. Pub. L. 92-310, title II, Sec. 206(c), June 6, 1972,
86 Stat. 203.]
(c) The clerk may appoint and fix the compensation of necessary
assistants and messengers with the approval of the Chief Justice of the
United States.
(d) The clerk shall pay into the Treasury all fees, costs, and other
moneys collected by him. He shall make annual returns thereof to the
Court under regulations prescribed by it.
(June 25, 1948, ch. 646, 62 Stat. 918; Pub. L. 88-279, Sec. 1, Mar. 10,
1964, 78 Stat. 158; Pub. L. 92-310, title II, Sec. 206(c), June 6, 1972,
86 Stat. 203.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 325, 326, 327, 541 and
542 (Feb. 22, 1875, ch. 95, Secs. 2, 3, 18 Stat. 333; Mar. 3, 1883, ch.
143, 22 Stat. 631; Mar. 15, 1898, ch. 68, Sec. 8, 30 Stat. 317; Mar. 3,
1911, ch. 231, Secs. 219, 220, 221, 291, 36 Stat. 1152, 1153, 1167; June
10, 1921, ch. 18, Sec. 304, 42 Stat. 24).
This section consolidates sections 541 and 542 of title 28, U.S.C.,
1940 ed., with parts of sections 325, 326 and 327 of such title.
The provisions in said section 325 relating to appointment of a
marshal and reporter are incorporated in sections 672 and 673 of this
title.
The provisions in section 327 of title 28, U.S.C., 1940 ed.,
relating to duties and liabilities of the clerk's deputies are
incorporated in section 954 of this title.
The provision of section 326 of title 28, U.S.C., 1940 ed., that a
duly certified copy of the clerk's bond should be competent evidence in
any court, is incorporated in section 1737 of this title.
The provision that the clerk shall be subject to removal by the
Court is new. Section 327 of title 28, U.S.C., 1940 ed., contained a
similar provision as to deputies, but fixed no term of office for the
clerk and made no provision for his removal. The Supreme Court held, in
1839, that a district judge had power to remove his clerk at pleasure in
absence of any law fixing the clerk's tenure. In re Hennen, 38 U.S. 230,
13 Pet. 230, 10 L.Ed. 138. (See, also Myers v. U.S., 1926, 47 S.Ct. 21,
272 U.S. 52, 71 L.Ed. 160.)
The provision in section 326 of title 28, U.S.C., 1940 ed., that the
clerk's bond be not less than $5,000 and not more than $20,000 was
omitted. The Supreme Court should have wide discretion in such
administrative matters. (See Hearings before Appropriations Committee,
House of Representatives, 78th Cong., 2d sess., on Judiciary
Appropriation Bill for 1945, page 102.)
A provision of section 326 of title 28, U.S.C., 1940 ed., that a
renewed or augmented bond should be required upon the Attorney General's
motion and after thirty days' notice was omitted. The manner of
requiring such bond is left to the Court's discretion by the revised
section.
A further provision of section 326 of title 28, U.S.C., 1940 ed.,
that the failure to furnish such renewed or augmented bond should vacate
the clerk's office was omitted as unnecessary, since the clerk is
removable by the Court under this section.
The references in section 541 of title 28, U.S.C., 1940 ed., to
return ``under oath'' to be made ``on the 1st day of January of each
year, or thirty days thereafter'' and ``on a form prescribed by the
Attorney General'', were omitted as fully covered by the revised
language ``annual returns'' under ``regulations prescribed by the
Court''. Verification seems unnecessary especially as clerks of the
courts of appeals are not required to submit similar returns under oath
(see section 711 of this title). ``Court'' was substituted for
``Attorney General'', since the latter's powers and functions in court
administrative matters have been transferred to the Director of the
Administration Office of the United States Courts. (See sections 604 and
607 of this title.) The Director, however, exercises no authority in
Supreme Court matters.
Section 542 of title 28, U.S.C., 1940 ed., provided that the clerk
``shall not retain'', out of fees received, more than $6,000 annually
above clerk hire and expenses; that the surplus should be paid into the
Treasury. Such indirect and unusual provision is simplified in this
section by providing that his salary shall be fixed by the Court. Such
salary limitation is omitted as inconsistent with larger salaries paid
other clerks of courts.
The provisions that the Court shall fix the compensation of deputy
clerks, and that the clerk shall fix the compensation of assistants and
messengers with the approval of the Chief Justice, are new. Current
appropriation Acts providing that the compensation of officers and
employees of the Supreme Court, other than clerk and reporter shall be
fixed by the court, unnecessarily burden the court with administrative
details. Provision for allowance and approval of payments of
compensation and office expenses by the clerk upon allowance and
approval by the Chief Justice, instead of by the Court, was inserted
with the approval of the Judicial Conference Committee on Revision of
the Judicial Code as not inconsistent with section 542 of title 28,
U.S.C., 1940 ed.
References in sections 541 and 542 of title 28, U.S.C., 1940 ed., to
certification of expenses by the justices and for audit and allowances
by the General Accounting Office, were omitted as unnecessary in view of
this section.
Changes were made in phraseology.
Amendments
1972--Subsec. (b). Pub. L. 92-310 repealed subsec. (b) which related
to bond of Clerk of Supreme Court.
1964--Subsec. (c). Pub. L. 88-279 struck out provision for
disbursement by clerk of compensation of clerk, his deputies,
assistants, and messengers and the necessary expenses of office from the
fees collected by clerk, upon allowance and approval by Chief Justice of
the United States.
Subsec. (d). Pub. L. 88-279 substituted ``moneys collected by him''
for ``emolumen
