§ 752. — Law clerks and secretaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC752]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 49--DISTRICT COURTS
Sec. 752. Law clerks and secretaries
District judges may appoint necessary law clerks and secretaries
subject to any limitation on the aggregate salaries of such employees
which may be imposed by law. 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.
(June 25, 1948, ch. 646, 62 Stat. 921; Pub. L. 86-221, Sept. 1, 1959, 73
Stat. 452; Pub. L. 100-702, title X, Sec. 1003(a)(3), Nov. 19, 1988, 102
Stat. 4665.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 5b and 128 (Mar. 3, 1911,
ch. 231, Sec. 118b, as added Feb. 17, 1936, ch. 75, 49 Stat. 1140; May
14, 1940, ch. 189, title IV, 54 Stat. 210; June 28, 1941, ch. 258, title
IV, 55 Stat. 301; July 2, 1942, ch. 472, title IV, 56 Stat. 504).
This section consolidates provisions of sections 5b and 128 of title
28, U.S.C., 1940 ed., relating to appointment of law clerks for district
judges.
Words in section 128 of title 28, U.S.C., 1940 ed., ``but there
shall not be appointed more than thirty-five of such law clerks during
the first fiscal year of the enactment of this section'' were omitted as
executed and obsolete. Words ``Thereafter such number in excess of
thirty-five per year shall be limited by necessity of each case as
hereinabove provided'' were also deleted as superseded by section 5b of
said title and obsolete. The Director of the Administrative Office has
expressed such views. Chief judge of the circuit was substituted for
senior circuit judge to conform to section 44 of this title.
Provisions of section 128 of title 28, U.S.C., 1940 ed., relating to
salary, or compensation of such clerks are incorporated in section 604
of this title. (See reviser's note under that section.)
The provisions in section 5b of title 28, U.S.C., 1940 ed., that
district judges shall not appoint more than three law clerks in any one
circuit was not repeated in the Judiciary Appropriation Acts, 1944,
1945, and 1946, 57 Stat. 242, 58 Stat. 357, 59 Stat. 196, ch. 129. The
Director of the Administrative Office for United States Courts advises
that as a matter of fact, more than three law clerks are serving
district judges in several of the circuits at the present time.
Consequently the limitation is omitted from this section.
The provision for appointment of secretaries is new. Existing law
fixes compensation of secretaries but makes no provision for their
appointment. (See section 604 of this title and reviser's note
thereunder.)
Minor changes were made in phraseology.
Senate Revision Amendment
As finally enacted, sections 374c and 374d of Title 28, U.S.C., 1946
ed., which were derived from act July 23, 1947, ch. 300, Secs. 1, 2, 61
Stat. 409, were an additional source of this section. Hence, by Senate
amendment, the section was changed to conform with such sections, and
such act was included in the schedule of repeals. See 80th Congress
Senate Report No. 1559.
Amendments
1988--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.''
1959--Pub. L. 86-221 substituted provision permitting district
judges to appoint necessary law clerks and secretaries subject to
aggregate salary limitations for provisions permitting a district judge
to appoint a secretary and also a law clerk upon certification of
necessity by the chief judge of the circuit and permitting the chief
judge of a district court having five or more district judges to appoint
an assistant secretary.
Section Referred to in Other Sections
This section is referred to in section 775 of this title.
