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28 U.S.C. § 546 Vacancies
Library | United States Statutes |
Edition | 2023 |
Currency | Current through P.L. 118-30 (published on www.congress.gov on 12/21/2023) |
Year | 2023 |
Citation | 28 U.S.C. § 546 |
(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.
(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.
(c) A person appointed as United States attorney under this section may serve until the earlier of-
(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or
(2) the expiration of 120 days after appointment by the Attorney General under this section.
(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.
<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES 1966 ACT</TD> </TR> <TR> <TD>Derivation</TD> <TD>U.S. Code</TD> <TD>Revised Statutes and <para>Statutes at Large</para> </TD> </TR> <TR> <TD> <codecitation statecd="US" datatype="S" title="28">28 U.S.C. <codesec>506</codesec></codecitation>.</TD> <TD>[None].</TD> </TR> </TABLE>
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