§ 713. — Librarians.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC713]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 47--COURTS OF APPEALS
Sec. 713. Librarians
(a) Each court of appeals may appoint a librarian who shall be
subject to removal by the court.
(b) The librarian, with the approval of the court, may appoint
necessary library assistants in such numbers as the Director of the
Administrative Office of the United States Courts may approve. The
librarian may remove such library assistants with the approval of the
court.
(June 25, 1948, ch. 646, 62 Stat. 920; May 24, 1949, ch. 139, Sec. 75,
63 Stat. 100; Pub. L. 97-164, title I, Sec. 120(b)(1), Apr. 2, 1982, 96
Stat. 33.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 547, and section 11-204 of
District of Columbia Code, 1940 ed., (Mar. 3, 1891, ch. 517, Sec. 9, 26
Stat. 829; Feb. 9, 1893, ch. 74, Sec. 4, 27 Stat. 435; July 30, 1894,
ch. 172, Sec. 1, 28 Stat. 160; Mar. 3, 1901, ch. 854, Sec. 224, 31 Stat.
1224; June 30, 1902, ch. 1329, 32 Stat. 528; Mar. 3, 1911, ch. 231,
Sec. 291, 36 Stat. 1167; Aug. 23, 1912, ch. 350, 37 Stat. 412; Feb. 22,
1921, ch. 70, Sec. 7, 41 Stat. 1144; Mar. 4, 1923, ch. 265, 42 Stat.
1488; May 21, 1928, ch. 659, 45 Stat. 645).
Section consolidates parts of section 11-204 of the District of
Columbia Code, 1940 ed., and section 547 of title 28, U.S.C., 1940 ed.
The Judicial Code provided for the appointment of assistants and
messengers in the Supreme Court, criers and ``persons to wait upon
juries'' in the district courts, a messenger in the Court of Customs and
Patent Appeals, and a bailiff and a chief messenger in the Court of
Claims (see title 28, U.S.C., 1940 ed., Secs. 9, 244, 305, 331) and also
provided (see same title, Sec. 547) that criers, bailiffs and messengers
of the courts of appeals should be allowed the same compensation as
allowed for similar services in the district courts, but did not provide
for the appointment of said criers, bailiffs and messengers. This
section authorizes such appointments.
The provisions of section 224 of title 28, U.S.C., 1940 ed., that
the United States marshal shall provide for the expenses of criers,
bailiffs and messengers for the circuit courts of appeals are superseded
by sections 601-610 of this title vesting such functions in the
Administrative Office of the United States Courts.
Provisions of section 11-204 of District of Columbia Code, 1940 ed.,
relating to appointment and compensation of clerk of the United States
Court of Appeals for the District of Columbia are incorporated in
sections 711 and 604 of this title, respectively. Other provisions of
such section were retained in the District of Columbia Code. (See
reviser's note under section 604 of this title.)
Compensation of bailiffs is provided by section 755 of this title.
Other provisions of section 547 of title 28, U.S.C., 1940 ed., relating
to compensation of criers, clerks, and messengers are incorporated in
section 604 of this title.
Marshal for the Court of Appeals for the District of Columbia was
authorized by the District of Columbia Appropriation Act of June 29,
1937, 50 Stat. 378.
The duties of criers and bailiffs are made specific consistently
with section 755 of this title, and existing administrative practice.
The removal provisions are added to make this section consistent
with the same provisions in other sections relating to tenure of court
officers.
Changes in phraseology and arrangement were made.
1949 Act
This section corrects typographical errors in section 713 of title
28, U.S.C.
Amendments
1982--Pub. L. 97-164 substituted ``Librarians'' for ``Criers,
bailiffs, and messengers'' in section catchline.
Subsec. (a). Pub. L. 97-164 struck out ``and necessary library
assistants'' after ``Each court of appeals may appoint a librarian''.
Subsec. (b). Pub. L. 97-164 substituted ``The librarian, with the
approval of the court, may appoint necessary library assistants in such
numbers as the Director of the Administrative Office of the United
States Courts may approve'' for ``Each court of appeals, except the
Court of Appeals for the District of Columbia, may appoint a crier and
such messengers as may be necessary, all of whom shall be subject to
removal by the court'' and ``The librarian may remove such library
assistants with the approval of the court'' for ``The crier shall also
perform the duties of bailiff and messenger''.
Subsecs. (c), (d). Pub. L. 97-164 struck out subsecs. (c) and (d)
which had provided, respectively, that the Court of Appeals for the
District of Columbia could appoint a marshal, who would attend the court
at its sessions, be custodian of its courthouse, have supervision over
its custodial employees, take charge of all property of the United
States used by the court or its employees, and perform such other duties
as the court might direct, that the court could also appoint necessary
messengers who would be subject to removal by the court, that the United
States marshal of the district in which a court of appeals was sitting
or in which a circuit judge was present in chambers, could, with the
approval of the court or judge, employ necessary bailiffs, that the
bailiffs would attend the court, preserve order, and perform such other
necessary duties as the court, judge or marshal might direct, and that
such bailiffs would receive the same compensation as bailiffs employed
for the district courts. See section 714 of this title.
1949--Act May 24, 1949, inserted subsection designation (b)
preceding second par. and renumbered former subsecs. (b) and (c) as (c)
and (d), respectively.
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.
Continuation of Service of Marshal for Court of Appeals for District of
Columbia; Applicability of Other Law to Court During Such Individual's
Service
Pub. L. 98-620, title IV, Sec. 415, Nov. 8, 1984, 98 Stat. 3364,
provided that: ``Any individual who, on the date of the enactment of the
Federal Courts Improvement Act of 1982 [Pub. L. 97-164, enacted Apr. 2,
1982], was serving as marshal for the Court of Appeals for the District
of Columbia under section 713(c) of title 28, United States Code, may,
after the date of the enactment of this Act [Nov. 8, 1984], so serve
under that section as in effect on the date of the enactment of the
Federal Courts Improvement Act of 1982. While such individual so serves,
the provisions of section 714(a) of title 28, United States Code, shall
not apply to the Court of Appeals for the District of Columbia.''
