§ 954. — Vacancy in clerk position; absence of clerk.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC954]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 57--GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND
EMPLOYEES
Sec. 954. Vacancy in clerk position; absence of clerk
When the office of clerk is vacant, the deputy clerks shall perform
the duties of the clerk in the name of the last person who held that
office. When the clerk is incapacitated, absent, or otherwise
unavailable to perform official duties, the deputy clerks shall perform
the duties of the clerk in the name of the clerk. The court may
designate a deputy clerk to act temporarily as clerk of the court in his
or her own name.
(June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 92-310, title II,
Sec. 206(f), June 6, 1972, 86 Stat. 203; Pub. L. 104-317, title II,
Sec. 204(a), Oct. 19, 1996, 110 Stat. 3850.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 8, 222 and 327 (Mar. 3,
1911, ch. 231, Secs. 4, 125, 221, 36 Stat. 1087, 1132, 1153).
Section consolidates parts of sections 8, 222 and 327 of title 28,
U.S.C., 1940 ed.
Sections 8, 222 and 327 of title 28, U.S.C., 1940 ed., related only
to district courts, courts of appeals and the Supreme Court,
respectively. This section applies to all Federal courts and is in
conformity with section 548 [546] of this title relating to death of a
United States marshal.
The provision for continuance of the salary of the clerk of the
Supreme Court until his successor is appointed and qualifies was
inserted to preserve existing law as declared in the unpublished opinion
of Chief Justice Taft, March 23, 1932 (filed in the Department of
Justice), with respect to a deceased clerk of the Supreme Court.
Other provisions of sections 8, 222 and 327 of title 28, U.S.C.,
1940 ed., are incorporated in sections 671, 711, and 751 of this title.
Amendments
1996--Pub. L. 104-317 substituted ``Vacancy in clerk position;
absence of clerk'' for ``Death of clerk; duties of deputies'' in section
catchline and amended text generally. Prior to amendment, text read as
follows:
``Upon the death of any clerk of court, his deputy or deputies shall
execute the duties of the deceased clerk in his name until his successor
is appointed and qualifies.
``The compensation of a deceased clerk of the Supreme Court may be
paid to his personal representatives until his successor is appointed
and qualifies.''
1972--Pub. L. 92-310 struck out ``and remedies against'' before
``deputies'' in section catchline and repealed provisions which related
to the default or misfeasance of a deputy in connection with the bond of
a deceased clerk of a Federal court.
