§ 871. — Clerk, chief deputy clerk, assistant clerk, deputies, assistants, and other employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC871]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 55--COURT OF INTERNATIONAL TRADE
Sec. 871. Clerk, chief deputy clerk, assistant clerk, deputies,
assistants, and other employees
The Court of International Trade may appoint a clerk, a chief deputy
clerk, an assistant clerk, deputy clerks, and such deputies, assistants,
and other employees as may be necessary for the effective dispatch of
the business of the court, who shall be subject to removal by the court.
(June 25, 1948, ch. 646, 62 Stat. 925; Pub. L. 86-243, Sec. 1, Sept. 9,
1959, 73 Stat. 474; Pub. L. 96-417, title V, Sec. 501(17), Oct. 10,
1980, 94 Stat. 1742.)
Historical and Revision Notes
Based on section 6 of title 19, U.S.C., 1940 ed., Customs Duties
(May 4, 1923, ch. 251, Sec. 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43
Stat. 748; May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669; June 17, 1930,
ch. 497, title IV, Secs. 518, 649, 46 Stat. 737, 762).
Section is based on the last two sentences of section 6 of title 19,
U.S.C., 1940 ed., which provided for appointment by the Attorney General
in conformity with the civil service laws. This and other administrative
powers of the Department of Justice with respect to the courts were
transferred to the Administrative Office of the United States Courts by
section 446 of title 28, U.S.C., 1940 ed., which is section 604 of this
title. The revised section vests the power of appointment in the chief
judge to conform with section 253 of this title and rules 5 and 22 of
the Rules of the Customs Court adopted May 29, 1936.
Changes were made in phraseology.
Amendments
1980--Pub. L. 96-417 redesignated the Customs Court as the Court of
International Trade.
1959--Pub. L. 86-243 included chief deputy clerk and assistant clerk
in section catchline, transferred the appointing authority from the
chief judge to the Customs Court, provided for appointment of a chief
deputy clerk, an assistant clerk and deputy clerks and for power of
removal and deleted reference to the civil service laws with respect to
appointments.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of this title.
Savings Provision
Section 4 of Pub. L. 86-243 provided that: ``Nothing contained in
the amendments made by this Act [enacting section 873 and amending this
section and sections 253, 550, and 872 of this title] shall be construed
to deprive any person serving on the date of enactment of this Act
[Sept. 9, 1959] as an officer or employee of the Customs Court of any
rights, privileges, or civil service status, if any, to which such
person is entitled under the laws of the United States or regulations
thereunder.''
