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Title 28 — Judiciary and Judicial Procedure

Part III · Chapter 47 — Courts of Appeals

§ 712. Law clerks and secretaries

Statutory text

Circuit judges may appoint necessary law clerks and secretaries. 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 712

    June 25, 1948, ch. 646, 62 Stat. 920

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 920

  2. Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 title X § 1003(a)(3) · 102 Stat. 4642

    Inserted · 28 U.S.C. § 712

    Pub. L. 100–702 inserted at end “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.”

    Source evidence

    Code amendment note
    Pub. L. 100–702 inserted at end “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.”

    Enacted provision · exact public law section
    (3) Sections 156(a), 712, 752, and 794 are each amended by adding at the end thereof the following: “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.”.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 222a (Mar. 3, 1911, ch. 231, § 118a, as added June 17, 1930, ch. 509, 46 Stat. 774).

Provision of section 222a of title 28, U.S.C., 1940 ed., relating to compensation of law clerks is incorporated in section 604 of this title. (See reviser’s note under such section.)

Words “with the approval of the Attorney General,” were omitted to confer on circuit judges the same authority given Supreme Court justices under section 675 of this title.

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.)

Changes were made in phraseology.

Editorial Notes

Amendments

1988—Pub. L. 100–702 inserted at end “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.”

Credits

1948–1988 · 2 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 920
  2. 1988Pub. L. 100–702, title X, § 1003(a)(3), , 102 Stat. 4665.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 920; Pub. L. 100–702, title X, § 1003(a)(3), , 102 Stat. 4665.)

Parsed from the official OLRC USLM XML in data/usc_all/usc28.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t28/s712