§ 794. — 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: 28USC794]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 51--UNITED STATES COURT OF FEDERAL CLAIMS
Sec. 794. Law clerks and secretaries
The judges of the United States Court of Federal Claims may appoint
necessary law clerks and secretaries, in such numbers as the Judicial
Conference of the United States may approve for district judges, subject
to any limitation of 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. 924; Pub. L. 97-164, title I,
Sec. 121(c)(1), Apr. 2, 1982, 96 Stat. 34; Pub. L. 100-702, title X,
Sec. 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665; Pub. L. 102-572, title
IX, Secs. 902(a)(1), 905, Oct. 29, 1992, 106 Stat. 4516, 4517.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 270 (Feb. 24, 1925, ch.
301, Sec. 2, 43 Stat. 965; May 29, 1928, ch. 852, Sec. 711, 45 Stat.
882; June 23, 1930, ch. 573, Sec. 1, 46 Stat. 799; Oct. 16, 1941, ch.
443, 55 Stat. 741).
The first sentence of the revised section makes express provision
for appointment of stenographers and necessary clerical employees.
Other provisions of section 270 of title 28, U.S.C., 1940 ed., are
incorporated in sections 456 and 792 of this title.
Specific provision for $5 per diem for stenographers is omitted as
unnecessary and inconsistent with section 962 of this title. Travel and
subsistence allowances of Government employees are governed by sections
822-833 of title 5, U.S.C., 1940 ed., Executive Departments and
Government Officers and Employees.
Changes were made in phraseology.
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court'' and inserted ``for district
judges'' after ``may approve'' in first sentence.
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.''
1982--Pub. L. 97-164 substituted ``Law clerks and secretaries'' for
``Stenographers and clerical employees'' as section catchline and, in
text, substituted ``The judges of the United States Claims Court may
appoint necessary law clerks and secretaries, in such numbers as the
Judicial Conference of the United States may approve, subject to any
limitation of the aggregate salaries of such employees which may be
imposed by law'' for ``The Court of Claims shall appoint stenographers
and other clerical employees in such numbers as may be necessary each of
whom shall be subject to removal by the court''.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
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.
