§156 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Bankruptcy judges may hire a secretary, a law clerk, and other assistants the Director of the Administrative Office of the United States Courts finds necessary. A law clerk hired this way is generally exempt from certain federal employment rules unless the judge or local court decides otherwise. If the number of cases under section 1334 justifies it, and the circuit’s judicial council and the AO Director agree, the judges in a district may appoint a bankruptcy court clerk who can, with approval, hire and remove deputies. Courts may use on- or off-site services for notices, dockets, calendars, and other bankruptcy case admin costs paid from the bankruptcy estate (not the United States) under circuit rules. The bankruptcy clerk’s office cannot be merged with the district clerk’s office without approval of the Judicial Conference and Congress. When appointed, the bankruptcy clerk must keep the court’s records and must collect, report to the AO Director and the Director of the Executive Office for United States Trustees, and pay into the Treasury all fees, costs, and other money received, except certain uncollected prepaid fees.

Title 28, §156

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Each bankruptcy judge may appoint a secretary, a law clerk, and such additional assistants as the Director of the Administrative Office of the United States Courts determines to be necessary. 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.

(b)Upon certification to the judicial council of the circuit involved and to the Director of the Administrative Office of the United States Courts that the number of cases and proceedings pending within the jurisdiction under section 1334 of this title within a judicial district so warrants, the bankruptcy judges for such district may appoint an individual to serve as clerk of such bankruptcy court. The clerk may appoint, with the approval of such bankruptcy judges, and in such number as may be approved by the Director, necessary deputies, and may remove such deputies with the approval of such bankruptcy judges.

(c)Any court may utilize facilities or services, either on or off the court’s premises, which pertain to the provision of notices, dockets, calendars, and other administrative information to parties in cases filed under the provisions of title 11, United States Code, where the costs of such facilities or services are paid for out of the assets of the estate and are not charged to the United States. The utilization of such facilities or services shall be subject to such conditions and limitations as the pertinent circuit council may prescribe.

(d)No office of the bankruptcy clerk of court may be consolidated with the district clerk of court office without the prior approval of the Judicial Conference and the Congress.

(e)In a judicial district where a bankruptcy clerk has been appointed pursuant to subsection (b), the bankruptcy clerk shall be the official custodian of the records and dockets of the bankruptcy court.

(f)For purposes of financial accountability in a district where a bankruptcy clerk has been certified, such clerk shall be accountable for and pay into the Treasury all fees, costs, and other monies collected by such clerk except uncollected fees not required by an Act of Congress to be prepaid. Such clerk shall make returns thereof to the Director of the Administrative Office of the United States Courts and the Director of the Executive Office For United States Trustees, under regulations prescribed by such Directors.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (a). 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.” 1986—Subsec. (d). Pub. L. 99–554, § 103, added subsec. (d). Subsecs. (e), (f). Pub. L. 99–554, §§ 142, 144(a), added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by section 103 of Pub. L. 99–554 effective Oct. 27, 1986, and amendment by section 142 and 144 of Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a), (b) of Pub. L. 99–554, set out as a note under section 581 of this title.

§156 Staff; expenses