§ 755. — Criers and bailiffs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC755]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 49--DISTRICT COURTS
Sec. 755. Criers and bailiffs
Each district judge may appoint a crier for the court in which he
presides who shall perform also the duties of bailiff and messenger. A
crier may perform also the duties of law clerk if he is qualified to do
so and the district judge who appointed him designates him to serve as a
crier-law clerk. A crier designated to serve as a crier-law clerk shall
receive the compensation of a law clerk, but only so much of that
compensation as is in excess of the compensation to which he would be
entitled as a crier shall be deemed the compensation of a law clerk for
the purposes of any limitation imposed by law upon the aggregate
salaries of law clerks and secretaries appointed by a district judge.
Each United States marshal may employ, with the approval of the
judge, not exceeding four bailiffs as the district judge may determine,
to attend the court, maintain order, wait upon the grand and petit
juries, and perform such other necessary duties as the judge or marshal
may direct.
If the position of crier or bailiff is to be filled by the
appointment of a person who has not previously served as either crier or
bailiff, preference in the appointment shall be given to a person who
has served in the military or naval forces of the United States in time
of war and who has been honorably discharged therefrom, if in the
opinion of the appointing officer such person is as well qualified as
any other available person to perform to the satisfaction of the
appointing officer all the duties of the position.
(June 25, 1948, ch. 646, 62 Stat. 923; Pub. L. 89-281, Oct. 21, 1965, 79
Stat. 1012; Pub. L. 100-690, title VII, Sec. 7608(b), Nov. 18, 1988, 102
Stat. 4515.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 9, 595, 596 (R.S.
Sec. 715; Mar. 3, 1905, ch. 1487, 33 Stat. 1259; Mar. 3, 1911, ch. 231,
Sec. 5, 36 Stat. 1088; June 1, 1922, ch. 204, title II, 42 Stat. 617;
Jan. 3, 1923, ch. 21, title II, 42 Stat. 1084; May 28, 1924, ch. 204,
title II, 43 Stat. 221; May 14, 1940, ch. 189, title III, 54 Stat. 204;
June 28, 1941, ch. 258, title III, 55 Stat. 295; July 2, 1942, ch. 472,
title III, 56 Stat. 486; July 1, 1943, ch. 182, title II, 57 Stat. 286;
June 28, 1944, ch. 294, title II, 58 Stat. 410; Dec. 7, 1944, ch. 522,
Secs. 1, 2, 58 Stat. 796; May 21, 1945, ch. 129, title II, 59 Stat.
184).
Section consolidates parts of sections 9, 595, and 596 of title 28,
U.S.C., 1940 ed. The other provisions of such sections appear in section
604 of this title.
Compensation of criers and other court attendants, except bailiffs
under section 604 of this title, will be fixed by the Director of the
Administrative Office of the United States Courts.
Amendments
1988--Pub. L. 100-690 struck out third par. which provided each
bailiff an allowance of $6 a day for services to be paid only for actual
attendance when court was in session or judge or jury was present.
1965--Pub. L. 89-281 inserted provisions to first par. permitting a
crier to perform duties of law clerk if he is qualified to do so and
district judge who appointed him designates him to serve as a crier-law
clerk, specifying that a crier-law clerk shall receive compensation of a
law clerk, and requiring that only so much of that compensation as is in
excess of compensation to which he would be entitled as a crier shall be
deemed compensation of a law clerk for purposes of any limitation
imposed by law upon aggregate salaries of law clerks and secretaries
appointed by a district judge.
