§ 752. Law clerks and secretaries

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District judges may appoint necessary law clerks and secretaries subject to any limitation on 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. 921; Pub. L. 86–221, Sept. 1, 1959, 73 Stat. 452; Pub. L. 100–702, title X, § 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 5b and 128 (Mar. 3, 1911, ch. 231, § 118b, as added Feb. 17, 1936, ch. 75, 49 Stat. 1140; May 14, 1940, ch. 189, title IV, 54 Stat. 210; June 28, 1941, ch. 258, title IV, 55 Stat. 301; July 2, 1942, ch. 472, title IV, 56 Stat. 504).

This section consolidates provisions of sections 5b and 128 of title 28, U.S.C., 1940 ed., relating to appointment of law clerks for district judges.

Words in section 128 of title 28, U.S.C., 1940 ed., “but there shall not be appointed more than thirty-five of such law clerks during the first fiscal year of the enactment of this section” were omitted as executed and obsolete. Words “Thereafter such number in excess of thirty-five per year shall be limited by necessity of each case as hereinabove provided” were also deleted as superseded by section 5b of said title and obsolete. The Director of the Administrative Office has expressed such views. Chief judge of the circuit was substituted for senior circuit judge to conform to section 44 of this title.

Provisions of section 128 of title 28, U.S.C., 1940 ed., relating to salary, or compensation of such clerks are incorporated in section 604 of this title. (See reviser’s note under that section.)

The provisions in section 5b of title 28, U.S.C., 1940 ed., that district judges shall not appoint more than three law clerks in any one circuit was not repeated in the Judiciary Appropriation Acts, 1944, 1945, and 1946, 57 Stat. 242, 58 Stat. 357, 59 Stat. 196, ch. 129. The Director of the Administrative Office for United States Courts advises that as a matter of fact, more than three law clerks are serving district judges in several of the circuits at the present time. Consequently the limitation is omitted from this section.

The provision for appointment of secretaries is new. Existing law fixes compensation of secretaries but makes no provision for their appointment. (See section 604 of this title and reviser’s note thereunder.)

Minor changes were made in phraseology.

Senate Revision Amendment

As finally enacted, sections 374c and 374d of Title 28, U.S.C., 1946 ed., which were derived from act July 23, 1947, ch. 300, §§ 1, 2, 61 Stat. 409, were an additional source of this section. Hence, by Senate amendment, the section was changed to conform with such sections, and such act was included in the schedule of repeals. See 80th Congress Senate Report No. 1559.

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June 25, 1948, ch. 646
62 Stat. 921
Pub. L. 86–221
73 Stat. 452
Pub. L. 100–702, title X, § 1003(a)(3)
102 Stat. 4665
Mar. 3, 1911, ch. 231, § 118b
Feb. 17, 1936, ch. 75
49 Stat. 1140
May 14, 1940, ch. 189
54 Stat. 210
June 28, 1941, ch. 258
55 Stat. 301
July 2, 1942, ch. 472
56 Stat. 504
section 5b of title 28
57 Stat. 242
58 Stat. 357
59 Stat. 196
act July 23, 1947, ch. 300
61 Stat. 409
Pub. L. 100–702

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cites case law

§ 752

Law clerks and secretaries

U.S.C.§ 128

U.S.C.§ 44

U.S.C.§ 604

ActJune 25, 1948, ch. 646

Stat.62 Stat. 921

Pub. L.Pub. L. 86–221

Stat.73 Stat. 452

Pub. L.Pub. L. 100–702, title X, § 1003(a)(3)

Cites 25 · showing 8Cited by 0 across 0 sources