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.
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. 920Judicial 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
- 1948June 25, 1948, ch. 646, 62 Stat. 920
- 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.)