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Online Attorney
ffect consolidation. Other provisions of said section
577 are incorporated in section 1929 of this title.
The qualification that payments of witness fees or costs be made
upon "order of court," contained in said section 577 of title 28,
U.S.C., 1940 ed., was omitted as obsolete and suitable reference
was made to sections 1825 and 1871 of this title under which
payments are now made on certificates of attendance.
Section 578a of title 28, U.S.C., 1940 ed., is rewritten in
simplified terms without change of substance. The proviso of such
section 578a, prohibiting the collection of fees from the United
States, was omitted as covered by section 2412 of this title,
providing that the United States should be liable only for fees
when such liability is expressly provided by Congress.
The provision of section 578a of title 28, U.S.C., 1940 ed.,
requiring that fees and emoluments collected by the marshal shall
be deposited by him in accordance with the provisions of section
495 of title 31, U.S.C., 1940 ed., Money and Finance, was omitted
as said section 495 governs such deposits without implementation in
this section.
PRIOR PROVISIONS
A prior section 567, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 620, related to expenses of marshals, prior to
repeal by Pub. L. 100-690, Sec. 7608(a)(1). See section 565 of this
title.
AMENDMENTS
1988 - Pub. L. 100-690 renumbered section 572 of this title as
this section.
-End-
-CITE-
28 USC Sec. 568 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 568. Practice of law prohibited
-STATUTE-
A United States marshal or deputy marshal may not practice law in
any court of the United States.
-SOURCE-
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 621, Sec.
575; renumbered Sec. 568, Pub. L. 100-690, title VII, Sec.
7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)
-MISC1-
HISTORICAL AND REVISION NOTES
1966 ACT
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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28 U.S.C. 556. [None].
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The words "may not" are substituted for "shall not".
1948 ACT
Prior section 556. - Based on title 28, U.S.C., 1940 ed., Secs.
395 and 396 (Mar. 3, 1911, ch. 231, Secs. 273, 274, 36 Stat. 1164).
Section consolidates parts of sections 395 and 396 of title 28,
U.S.C., 1940 ed. Similar provisions in said sections, relating to
clerks, are incorporated in section 955 of this title.
The revised section substitutes, as simpler and more appropriate,
the prohibition against practice of law "in any court of the United
States" for the more involved language of section 395 of title 28,
U.S.C., 1940 ed., which provided that no clerks or marshals,
deputies, or assistants within the district for which appointed
"shall act as solicitor, proctor, attorney or counsel, in any cause
depending in any of said courts, or in any district for which he is
acting as such officer."
Provisions of section 396 of title 28, U.S.C., 1940 ed., for
striking the name of an offender from the roll of attorneys and for
recommendation of dismissal, were omitted as unnecessary and as
covered by section 541 of this title.
Changes were made in phraseology.
PRIOR PROVISIONS
A prior section 568, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 620, related to availability of appropriations for
transfer of prisoners to narcotic farms, prior to repeal by Pub. L.
100-690, Sec. 7608(a)(1).
AMENDMENTS
1988 - Pub. L. 100-690 renumbered section 575 of this title as
this section.
-End-
-CITE-
28 USC Sec. 569 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 569. Reemployment rights
-STATUTE-
(a) A United States marshal for a judicial district who was
appointed from a position in the competitive service (as defined in
section 2102 of title 5) in the United States Marshals Service and
who, for reasons other than misconduct, neglect of duty, or
malfeasance, is removed from such office, is entitled to be
reemployed in any vacant position in the competitive service in the
United States Marshals Service at the same grade or pay level, or
lower, as the individual's former position if -
(1) the individual is qualified for the vacant position; and
(2) the individual has made application for the position not
later than ninety days after being removed from office as a
United States marshal.
Such individual shall be so reemployed within thirty days after
making such application or after being removed from office,
whichever is later. An individual denied reemployment under this
section in a position because the individual is not qualified for
that position may appeal that denial to the Merit Systems
Protection Board under section 7701 of title 5.
(b) Any United States marshal serving on the effective date of
this section shall continue to serve for the remainder of the term
for which such marshal was appointed, unless sooner removed by the
President.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1211(a), Oct. 12, 1984, 98
Stat. 2163, Sec. 576; renumbered Sec. 569, Pub. L. 100-690, title
VII, Sec. 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this section, referred to in subsec. (b),
is Oct. 1, 1984. See Effective Date note set out below.
-MISC1-
PRIOR PROVISIONS
A prior section 569, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 620; amended Pub. L. 95-598, title II, Sec. 221,
Nov. 6, 1978, 92 Stat. 2662; Pub. L. 96-417, title V, Sec. 501(12),
Oct. 10, 1980, 94 Stat. 1742; Pub. L. 99-466, Sec. 3(a), Oct. 14,
1986, 100 Stat. 1191, related to powers and duties generally and
supervision by the Attorney General, prior to repeal by Pub. L.
100-690, Sec. 7608(a)(1). See section 566 of this title.
AMENDMENTS
1988 - Pub. L. 100-690 renumbered section 576 of this title as
this section.
EFFECTIVE DATE
Section 1212 of subpart B (Secs. 1211, 1212) of part F of chapter
XII of title II of Pub. L. 98-473 provided that: "The amendments
made by this subpart [enacting this section] shall take effect on
October 1, 1984."
-End-
-CITE-
28 USC Secs. 570, 571 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
[Secs. 570, 571. Repealed. Pub. L. 100-690, title VII, Sec.
7608(a)(1), Nov. 18, 1988, 102 Stat. 4512]
-MISC1-
Section 570, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80
Stat. 620, granted United States marshals the power of a sheriff in
executing laws of the United States in a State. See section 564 of
this title.
Section 571, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80
Stat. 621; amended Pub. L. 95-598, title II, Secs. 222, 223, Nov.
6, 1978, 92 Stat. 2662; Pub. L. 97-258, Sec. 2(g)(2), Sept. 13,
1982, 96 Stat. 1060, related to disbursement of salaries and
moneys.
-End-
-CITE-
28 USC Sec. 572 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
[Sec. 572. Renumbered Sec. 567]
-STATUTE-
-End-
-CITE-
28 USC Secs. 572a to 574 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
[Secs. 572a to 574. Repealed. Pub. L. 100-690, title VII, Sec.
7608(a)(2)(A), Nov. 18, 1988, 102 Stat. 4514]
-MISC1-
Section 572a, added Pub. L. 97-258, Sec. 2(g)(3)(B), Sept. 13,
1982, 96 Stat. 1060, related to depositing of public moneys. See
section 566(f) of this title.
Section 573, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80
Stat. 621, related to delivery of prisoners to a successor. See
section 566(g)(1) of this title.
Section 574, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80
Stat. 621, related to delivery of unserved process to a successor.
See section 566(g)(2) of this title.
-End-
-CITE-
28 USC Secs. 575, 576 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
[Secs. 575, 576. Renumbered Secs. 568, 569]
-STATUTE-
-End-
-CITE-
28 USC CHAPTER 39 - UNITED STATES TRUSTEES 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 39 - UNITED STATES TRUSTEES
-HEAD-
CHAPTER 39 - UNITED STATES TRUSTEES
-MISC1-
Sec.
581. United States trustees.
582. Assistant United States trustees.
583. Oath of office.
584. Official stations.
585. Vacancies.
586. Duties; supervision by Attorney General.
587. Salaries.
588. Expenses.
589. Staff and other employees.
589a. United States Trustee System Fund.
AMENDMENTS
1986 - Pub. L. 99-554, title I, Sec. 115(b), Oct. 27, 1986, 100
Stat. 3095, added item 589a.
UNITED STATES TRUSTEE PILOT; REPEAL OF BANKRUPTCY PROVISIONS
RELATING TO UNITED STATES TRUSTEES
Pub. L. 95-598, title IV, Sec. 408, Nov. 6, 1978, 92 Stat. 2686,
as amended by Pub. L. 98-166, title II, Sec. 200, Nov. 28, 1983, 97
Stat. 1081; Pub. L. 98-353, title III, Sec. 323, July 10, 1984, 98
Stat. 358; Pub. L. 99-429, Sept. 30, 1986, 100 Stat. 985; Pub. L.
99-500, Sec. 101(b) [title II, Sec. 200], Oct. 18, 1986, 100 Stat.
1783-39, 1783-45, and Pub. L. 99-591, Sec. 101(b) [title II, Sec.
200], Oct. 30, 1986, 100 Stat. 3341-39, 3341-45; Pub. L. 99-554,
title III, Sec. 307(a), Oct. 27, 1986, 100 Stat. 3125, which
provided that the Attorney General conduct such studies and surveys
as necessary to evaluate needs, feasibility, and effectiveness of
the United States trustee system, and report result of such studies
and surveys to Congress, the President, and the Judicial Conference
of the United States, beginning on or before January 3, 1980, and
annually thereafter during the transition period; that not later
than January 3, 1984, the Attorney General report to Congress, the
President, and the Judicial Conference of the United States, as to
the feasibility, projected annual cost and effectiveness of the
United States trustee system, as determined on the basis of the
studies and surveys respecting the operation of the United States
trustee system in the districts, together with recommendations as
to the desirability and method of proceeding with implementation of
the United States trustee system in all judicial districts of the
United States; and that chapter 15 of title 11 and chapter 39 of
this title were repealed, and all references to the United States
trustee contained in this title were deleted, 30 days after the
effective date of Pub. L. 99-554 (see section 302 of Pub. L.
99-554, set out as a note under section 581 of this title), with
service of any United States trustee, of any assistant United
States trustee, and of any employee employed or appointed under the
authority of such chapter 39 was terminated on such date, was
repealed by Pub. L. 99-554, title III, Sec. 307(b), Oct. 27, 1986,
100 Stat. 3125.
-End-
-CITE-
28 USC Sec. 581 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 39 - UNITED STATES TRUSTEES
-HEAD-
Sec. 581. United States trustees
-STATUTE-
(a) The Attorney General shall appoint one United States trustee
for each of the following regions composed of Federal judicial
districts (without regard to section 451):
(1) The judicial districts established for the States of Maine,
Massachusetts, New Hampshire, and Rhode Island.
(2) The judicial districts established for the States of
Connecticut, New York, and Vermont.
(3) The judicial districts established for the States of
Delaware, New Jersey, and Pennsylvania.
(4) The judicial districts established for the States of
Maryland, North Carolina, South Carolina, Virginia, and West
Virginia and for the District of Columbia.
(5) The judicial districts established for the States of
Louisiana and Mississippi.
(6) The Northern District of Texas and the Eastern District of
Texas.
(7) The Southern District of Texas and the Western District of
Texas.
(8) The judicial districts established for the States of
Kentucky and Tennessee.
(9) The judicial districts established for the States of
Michigan and Ohio.
(10) The Central District of Illinois and the Southern District
of Illinois; and the judicial districts established for the State
of Indiana.
(11) The Northern District of Illinois; and the judicial
districts established for the State of Wisconsin.
(12) The judicial districts established for the States of
Minnesota, Iowa, North Dakota, and South Dakota.
(13) The judicial districts established for the States of
Arkansas, Nebraska, and Missouri.
(14) The District of Arizona.
(15) The Southern District of California; and the judicial
districts established for the State of Hawaii, and for Guam and
the Commonwealth of the Northern Mariana Islands.
(16) The Central District of California.
(17) The Eastern District of California and the Northern
District of California; and the judicial district established for
the State of Nevada.
(18) The judicial districts established for the States of
Alaska, Idaho (exclusive of Yellowstone National Park), Montana
(exclusive of Yellowstone National Park), Oregon, and Washington.
(19) The judicial districts established for the States of
Colorado, Utah, and Wyoming (including those portions of
Yellowstone National Park situated in the States of Montana and
Idaho).
(20) The judicial districts established for the States of
Kansas, New Mexico, and Oklahoma.
(21) The judicial districts established for the States of
Alabama, Florida, and Georgia and for the Commonwealth of Puerto
Rico and the Virgin Islands of the United States.
(b) Each United States trustee shall be appointed for a term of
five years. On the expiration of his term, a United States trustee
shall continue to perform the duties of his office until his
successor is appointed and qualifies.
(c) Each United States trustee is subject to removal by the
Attorney General.
-SOURCE-
(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92
Stat. 2662; amended Pub. L. 99-554, title I, Sec. 111(a)-(c), Oct.
27, 1986, 100 Stat. 3090, 3091.)
-COD-
CODIFICATION
Section 408(c) of Pub. L. 95-598, as amended, which provided for
the repeal of this section and the deletion of any references to
United States Trustees in this title at a prospective date, was
repealed by section 307(b) of Pub. L. 99-554. See note set out
preceding section 581 of this title.
-MISC1-
AMENDMENTS
1986 - Subsec. (a). Pub. L. 99-554, Sec. 111(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
"The Attorney General shall appoint one United States trustee for
each of the following districts or groups of districts:
"(1) District of Maine, District of New Hampshire, District of
Massachusetts, and District of Rhode Island.
"(2) Southern District of New York.
"(3) District of Delaware and District of New Jersey.
"(4) Eastern District of Virginia and District of District of
Columbia.
"(5) Northern District of Alabama.
"(6) Northern District of Texas.
"(7) Northern District of Illinois.
"(8) District of Minnesota, District of North Dakota, District
of South Dakota.
"(9) Central District of California.
"(10) District of Colorado and District of Kansas."
Subsec. (b). Pub. L. 99-554, Sec. 111(b), substituted "five
years" for "seven years" and "office" for "Office".
Subsec. (c). Pub. L. 99-554, Sec. 111(c), struck out "for cause"
after "removal".
EFFECTIVE DATE OF 1986 AMENDMENT; TRANSITION AND ADMINISTRATIVE
PROVISIONS
Title III of Pub. L. 99-554, as amended by Pub. L. 101-650, title
III, Sec. 317(a), (c), Dec. 1, 1990, 104 Stat. 5115, 5116; Pub. L.
103-65, Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 106-518, title
V, Sec. 501, Nov. 13, 2000, 114 Stat. 2421, provided that:
"SEC. 301. INCUMBENT UNITED STATES TRUSTEES.
"(a) Area for Which Appointed. - Notwithstanding any paragraph of
section 581(a) of title 28, United States Code, as in effect before
the effective date of this Act, a United States trustee serving in
such office on the effective date of this Act shall serve the
remaining term of such office as United States trustee for the
region specified in a paragraph of such section, as amended by this
Act, that includes the site at which the primary official station
of the United States trustee is located immediately before the
effective date of this Act.
"(b) Term of Office. - Notwithstanding section 581(b) of title
28, United States Code, as in effect before the effective date of
this Act, the term of office of any United States trustee serving
in such office on the date of the enactment of this Act [Oct. 27,
1986] shall expire -
"(1) 2 years after the expiration date of such term of office
under such section, as so in effect, or
"(2) 4 years after the date of the enactment of this Act,
whichever occurs first.
"SEC. 302. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.
"(a) General Effective Date. - Except as provided in subsections
(b), (c), (d), (e), and (f), this Act and the amendments made by
this Act [see Short Title of 1986 Amendment note below] shall take
effect 30 days after the date of the enactment of this Act [Oct.
27, 1986].
"(b) Amendments Relating to Bankruptcy Judges and Incumbent
United States Trustees. - Subtitle A of title I, and sections 301
and 307(a) [amending sections 152 and 156 of this title, enacting
provisions set out as notes under section 581 of this title, and
amending provisions set out as notes under section 152 of this
title and preceding section 581 of this title], shall take effect
on the date of the enactment of this Act [Oct. 27, 1986].
"(c) Amendments Relating to Family Farmers. - (1) The amendments
made by subtitle B of title II [Secs. 251 to 257 of Pub. L. 99-554,
see Tables for classification] shall not apply with respect to
cases commenced under title 11 of the United States Code before the
effective date of this Act.
"(2) Section 1202 of title 11 of the United States Code (as added
by the amendment made by section 255 of this Act) shall take effect
on the effective date of this Act and before the amendment made by
section 227 of this Act [amending section 1202 of this title].
"(3) Until the amendments made by subtitle A of title II of this
Act [Secs. 201 to 231 of Pub. L. 99-554, see Tables for
classification] become effective in a district and apply to a case,
for purposes of such case -
"(A)(i) any reference in section 326(b) of title 11 of the
United States Code to chapter 13 of title 11 of the United States
Code shall be deemed to be a reference to chapter 12 or chapter
13 of title 11 of the United States Code,
"(ii) any reference in such section 326(b) to section 1302(d)
of title 11 of the United States Code shall be deemed to be a
reference to section 1302(d) of title 11 of the United States
Code or section 586(b) of title 28 of the United States Code, and
"(iii) any reference in such section 326(b) to section 1302(a)
of title 11 of the United States Code shall be deemed to be a
reference to section 1202(a) or section 1302(a) of title 11 of
the United States Code, and
"(B)(i) the first two references in section 1202(a) of title 11
of the United States Code (as added by the amendment made by
section 255 of this Act) to the United States trustee shall be
deemed to be a reference to the court, and
"(ii) any reference in such section 1202(a) to section 586(b)
of title 28 of the United States Code shall be deemed to be a
reference to section 1202(c) of title 11 of the United States
Code (as so added).
"(d) Application of Amendments to Judicial Districts. -
"(1) Certain regions not currently served by united states
trustees. - (A) The amendments made by subtitle A of title II of
this Act [Secs. 201 to 231 of Pub. L. 99-554, see Tables for
classification], and section 1930(a)(6) of title 28 of the United
States Code (as added by section 117(4) of this Act), shall not -
"(i) become effective in or with respect to a judicial
district specified in subparagraph (B) until, or
"(ii) apply to cases while pending in such district before,
the expiration of the 270-day period beginning on the effective
date of this Act or of the 30-day period beginning on the date
the Attorney General certifies under section 303 of this Act the
region specified in a paragraph of section 581(a) of title 28,
United States Code, as amended by section 111(a) of this Act,
that includes such district, whichever occurs first.
"(B) Subparagraph (A) applies to the following:
"(i) The judicial district established for the Commonwealth
of Puerto Rico.
"(ii) The District of Connecticut.
"(iii) The judicial districts established for the State of
New York (other than the Southern District of New York).
"(iv) The District of Vermont.
"(v) The judicial districts established for the State of
Pennsylvania.
"(vi) The judicial district established for the Virgin
Islands of the United States.
"(vii) The District of Maryland.
"(viii) The judicial districts established for the State of
North Carolina.
"(ix) The District of South Carolina.
"(x) The judicial districts established for the State of West
Virginia.
"(xi) The Western District of Virginia.
"(xii) The Eastern District of Texas.
"(xiii) The judicial districts established for the State of
Wisconsin.
"(xiv) The judicial districts established for the State of
Iowa.
"(xv) The judicial districts established for the State of New
Mexico.
"(xvi) The judicial districts established for the State of
Oklahoma.
"(xvii) The District of Utah.
"(xviii) The District of Wyoming (including those portions of
Yellowstone National Park situated in the States of Montana and
Idaho).
"(xix) The judicial districts established for the State of
Alabama.
"(xx) The judicial districts established for the State of
Florida.
"(xxi) The judicial districts es
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