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Title 28 — Judiciary and Judicial Procedure

Part III · Chapter 57 — General Provisions Applicable to Court Officers and Employees

§ 954. Vacancy in clerk position; absence of clerk

Statutory text

When the office of clerk is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office. When the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform the duties of the clerk in the name of the clerk. The court may designate a deputy clerk to act temporarily as clerk of the court in his or her own name.

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. § 954

    June 25, 1948, ch. 646, 62 Stat. 926

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 926

  2. Pub. L. 92–310 title II § 206(f) · 86 Stat. 201

    1. Struck · 28 U.S.C. § 954

      Pub. L. 92–310 struck out “and remedies against” before “deputies” in section catchline

    2. Repealed · 28 U.S.C. § 954

      Pub. L. 92–310 repealed provisions which related to the default or misfeasance of a deputy in connection with the bond of a deceased clerk of a Federal court

    Source evidence

    Code amendment note
    Pub. L. 92–310 struck out “and remedies against” before “deputies” in section catchline and repealed provisions which related to the default or misfeasance of a deputy in connection with the bond of a deceased clerk of a Federal court.

    Enacted provision · exact public law section
    (f) (1) The second paragraph of section 954 of title 28, United States Code, relating to the default or misfeasance of a deputy in connection with the bond of a deceased clerk of a Federal court, is repealed. (2) The section beading of such section 954, mid the item relating to such section 954 in the table of sections of chapter 57 of such title 28, each is amended by striking out “and remedies against”.

  3. Pub. L. 104–317 title II § 204(a) · 110 Stat. 3847

    1. Substituted · 28 U.S.C. § 954

      Pub. L. 104–317 substituted “Vacancy in clerk position; absence of clerk” for “Death of clerk; duties of deputies” in section catchline

    2. Amended · 28 U.S.C. § 954

      Pub. L. 104–317 amended text generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Pub. L. 104–317 substituted “Vacancy in clerk position; absence of clerk” for “Death of clerk; duties of deputies” in section catchline and amended text generally. Prior to amendment, text read as follows:

    “Upon the death of any clerk of court, his deputy or deputies shall execute the duties of the deceased clerk in his name until his successor is appointed and qualifies. “The compensation of a deceased clerk of the Supreme Court may be paid to his personal representatives until his successor is appointed and qualifies.”

    Enacted provision · exact public law section
    (a) In General.— Section 954 of title 28, United States Code, is amended to read as follows: “§ 954. Vacancy in clerk position; absence of clerk “When the office of clerk is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office. When the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform the duties of the clerk in the name of the clerk. The court may designate a deputy clerk to act temporarily as clerk of the court in his or her own name.”.

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., §§ 8, 222 and 327 (Mar. 3, 1911, ch. 231, §§ 4, 125, 221, 36 Stat. 1087, 1132, 1153).

Section consolidates parts of sections 8, 222 and 327 of title 28, U.S.C., 1940 ed.

Sections 8, 222 and 327 of title 28, U.S.C., 1940 ed., related only to district courts, courts of appeals and the Supreme Court, respectively. This section applies to all Federal courts and is in conformity with section 548 [546] of this title relating to death of a United States marshal.

The provision for continuance of the salary of the clerk of the Supreme Court until his successor is appointed and qualifies was inserted to preserve existing law as declared in the unpublished opinion of Chief Justice Taft, (filed in the Department of Justice), with respect to a deceased clerk of the Supreme Court.

Other provisions of sections 8, 222 and 327 of title 28, U.S.C., 1940 ed., are incorporated in sections 671, 711, and 751 of this title.

Editorial Notes

Amendments1972–1996 · 2 rounds

1996

Pub. L. 104–317 substituted “Vacancy in clerk position; absence of clerk” for “Death of clerk; duties of deputies” in section catchline and amended text generally. Prior to amendment, text read as follows:

“Upon the death of any clerk of court, his deputy or deputies shall execute the duties of the deceased clerk in his name until his successor is appointed and qualifies.

“The compensation of a deceased clerk of the Supreme Court may be paid to his personal representatives until his successor is appointed and qualifies.”

1972

Pub. L. 92–310 struck out “and remedies against” before “deputies” in section catchline and repealed provisions which related to the default or misfeasance of a deputy in connection with the bond of a deceased clerk of a Federal court.

Credits

1948–1996 · 3 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 926
  2. 1972Pub. L. 92–310, title II, § 206(f), , 86 Stat. 203
  3. 1996Pub. L. 104–317, title II, § 204(a), , 110 Stat. 3850.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 92–310, title II, § 206(f), , 86 Stat. 203; Pub. L. 104–317, title II, § 204(a), , 110 Stat. 3850.)

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/s954