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Title 28 — Judiciary and Judicial Procedure

Part III · Chapter 51 — United States Court of Federal Claims

§ 795. Bailiffs and messengers

Statutory text

The chief judge of 1 United States Court of Federal Claims, with the approval of the court, may appoint necessary bailiffs and messengers, in such numbers as the Director of the Administrative Office of the United States Courts may approve, each of whom shall be subject to removal by the chief judge, with the approval of the court.

Footnotes

  1. 1 So in original. Probably should be “of the”.

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. § 795

    June 25, 1948, ch. 646, 62 Stat. 924

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 924

  2. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 title I § 121(d)(1) · 96 Stat. 25

    1. Substituted · 28 U.S.C. § 795

      Pub. L. 97–164 substituted “Bailiffs and messengers” for “Bailiff and messenger” in section catchline and, in text

    2. Substituted · 28 U.S.C. § 795

      Pub. L. 97–164 substituted “The chief judge of United States Claims Court, with the approval of the court, may appoint necessary bailiffs and messengers, in such numbers as the Director of the Administrative Office of the United States Courts may approve, each of whom shall be subject to removal by the chief judge, with the approval of the court” for “The Court of Claims may appoint a bailiff and a messenger who shall be subject to removal by the court”

    3. Struck · 28 U.S.C. § 795

      Pub. L. 97–164 struck out provision that the bailiff attend the court, preserve order, and perform such other necessary duties as the court might direct

    Source evidence

    Code amendment note
    Pub. L. 97–164 substituted “Bailiffs and messengers” for “Bailiff and messenger” in section catchline and, in text, substituted “The chief judge of United States Claims Court, with the approval of the court, may appoint necessary bailiffs and messengers, in such numbers as the Director of the Administrative Office of the United States Courts may approve, each of whom shall be subject to removal by the chief judge, with the approval of the court” for “The Court of Claims may appoint a bailiff and a messenger who shall be subject to removal by the court” and struck out provision that the bailiff attend the court, preserve order, and perform such other necessary duties as the court might direct.

    Enacted provision · exact public law section
    (1) Section 795 of title 28, United States Code, is amended to read as follows: “§ 795. Bailiffs and messengers “The chief judge of United States Claims Court, with the approval of the court, may appoint necessary bailiffs and messengers, in such numbers as the Director of the Administrative Office of the United States Courts may approve, each of whom shall be subject to removal by the chief judge, with the approval of the court.”.

  3. Court of Federal Claims Technical and Procedural Improvements Act of 1992

    Pub. L. 102–572 title IX § 902(a)(1) · 106 Stat. 4506

    Substituted · 28 U.S.C. § 795

    Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”

    Source evidence

    Code amendment note
    Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

    Enacted provision · exact public law section
    (1) by striking “United States Claims Court” each place it appears and inserting “United States Court of Federal Claims”; and

    Effective date note
    Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 244 (Mar. 3, 1911, ch. 231, § 139, 36 Stat. 1136).

The provision in section 244 of title 28, U.S.C., 1940 ed., that the bailiff should serve 4 years unless sooner removed by the court for cause, was changed by omitting the 4-year tenure and removal “for cause” requirement. As revised this section conforms with sections relating to the similar court officers.

Term “chief messenger” in section 244 of title 28, U.S.C., 1940 ed., was changed to “messenger” as the court has but one messenger.

A provision of section 244 of title 28, U.S.C., 1940 ed., providing for appointment of a clerk and assistant is incorporated in section 791 of this title, and a provision thereof, relating to powers and duties of the clerk, his deputies and assistants, is incorporated in section 956 of this title.

The second paragraph was added to conform with sections 713, 755, and 834 of this title.

Changes were made in phraseology.

Editorial Notes

Amendments1982–1992 · 2 rounds

1992

Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1982

Pub. L. 97–164 substituted “Bailiffs and messengers” for “Bailiff and messenger” in section catchline and, in text, substituted “The chief judge of United States Claims Court, with the approval of the court, may appoint necessary bailiffs and messengers, in such numbers as the Director of the Administrative Office of the United States Courts may approve, each of whom shall be subject to removal by the chief judge, with the approval of the court” for “The Court of Claims may appoint a bailiff and a messenger who shall be subject to removal by the court” and struck out provision that the bailiff attend the court, preserve order, and perform such other necessary duties as the court might direct.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective , see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective , see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Credits

1948–1992 · 3 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 924
  2. 1982Pub. L. 97–164, title I, § 121(d)(1), , 96 Stat. 35
  3. 1992Pub. L. 102–572, title IX, § 902(a)(1), , 106 Stat. 4516.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 924; Pub. L. 97–164, title I, § 121(d)(1), , 96 Stat. 35; Pub. L. 102–572, title IX, § 902(a)(1), , 106 Stat. 4516.)

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