28 U.S.C. § 957 Clerks Ineligible For Certain Offices

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

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.

Cite as 28 U.S.C. § 957

Source: June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 95-598, title II, §234, Nov. 6, 1978, 92 Stat. 2667; Pub. L. 97-164, title I, §122(b), Apr. 2, 1982, 96 Stat. 36; Pub. L. 98-353, title I, §109, July 10, 1984, 98 Stat. 342.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., §§127, 304 (Mar. 3, 1911, ch. 231, §§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.