republic-os/legal/us/code/title-28/chapter-57/section-954.md

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LegalText	28 U.S.C. § 954	Vacancy in clerk position; absence of clerk	us	united_states_code	code_section	28	JUDICIARY AND JUDICIAL PROCEDURE	57	GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND EMPLOYEES	954	28 U.S.C. § 954	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip	/us/usc/t28/s954	data/legal/raw/us/code/title-28/usc28.xml	f94c455fd82379d6dc6a5274e01374d0c449f5bf2bd14a6712810f9915e1fe01	3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf	fa493fa846f323b97873e8e60b52742bacb2d350827c99c6eabbabdebcdad2ab	2026-07-04	official	legal us-code

28 U.S.C. § 954 - Vacancy in clerk position; absence of clerk

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.

(June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 92–310, title II, § 206(f), June 6, 1972, 86 Stat. 203; Pub. L. 104–317, title II, § 204(a), Oct. 19, 1996, 110 Stat. 3850.)

Notes

Historical and Revision NotesBased 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Supreme Court until his successor is appointed and qualifies was inserted to preserve existing law as declared in the unpublished opinion of Chief Justice Taft, March 23, 1932 (filed in the Department of Justice), with respect to a deceased clerk of the Supreme Court.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

Amendments1996—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.