§ 957. — Clerks ineligible for certain offices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC957]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 57--GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND
EMPLOYEES
Sec. 957. Clerks ineligible for certain offices
A clerk of a court or any of his deputies shall not be appointed a
commissioner, master, referee or receiver in any case, unless there are
special reasons requiring such appointment which are recited in the
order of appointment.
(June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 95-598, title II,
Sec. 234, Nov. 6, 1978, 92 Stat. 2667; Pub. L. 97-164, title I,
Sec. 122(b), Apr. 2, 1982, 96 Stat. 36; Pub. L. 98-353, title I,
Sec. 109, July 10, 1984, 98 Stat. 342.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 127, 304 (Mar. 3, 1911,
ch. 231, Secs. 68, 191, 36 Stat. 1105, 1144).
Section consolidates section 127 with part of 304 of title 28,
U.S.C., 1940 ed.
Provisions of section 304 of title 28, U.S.C., 1940 ed., relating to
appointment, powers, duties, and compensation of the clerk of the Court
of Customs and Patent Appeals, and table of fees are incorporated in
sections 604, 831, 956 and 1926 of this title.
Appointment and compensation of masters for district courts, see
Rule 53(a) of the Federal Rules of Civil Procedure.
The words ``commissioner'' and ``referee'' did not appear in section
127 of title 28, U.S.C., 1940 ed. They were added to subsection (a) to
remove possible ambiguity.
Words ``by the court or any judge thereof'' in section 304 of title
28, U.S.C., 1940 ed., were omitted as surplusage.
Words ``or assistant clerks'' and ``in any case'' were added in
subsection (b) to make the section applicable to that officer and
consistent with the prohibition in this section against deputies of
district court clerks.
Minor changes were made in phraseology.
Amendments
1984--Pub. L. 98-353 struck out ``district'' before ``court''.
1982--Pub. L. 97-164 struck out designation ``(a)'' before ``A clerk
of a district court'' and struck out subsec. (b) which had provided that
the clerk or assistant clerk of the Court of Customs and Patent Appeals
could not be appointed a commissioner, master, or referee in any case.
1978--Pub. L. 95-598 directed the amendment of section by inserting
``or bankruptcy court'' after ``district court'', which amendment did
not become effective pursuant to section 402(b) of Pub. L. 95-598, as
amended, set out as an Effective Date note preceding section 101 of
Title 11, Bankruptcy.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 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.
