Title 28Judiciary and Judicial ProcedureRelease 119-73

§542 Assistant United States attorneys

Title 28 › Part PART II— - DEPARTMENT OF JUSTICE › Chapter CHAPTER 35— - UNITED STATES ATTORNEYS › § 542

Last updated Apr 6, 2026|Official source

Full Legal Text

Title 28, §542

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires.
(b)Each assistant United States attorney is subject to removal by the Attorney General.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large (a)28 U.S.C. 502.[None]. (b)28 U.S.C. 504(b) (2d sentence, as applicable to assistant United States attorneys).[None]. In subsection (b), the word “is” is substituted for “shall be”. 1948 ActPrior section 502.—Based on title 28, U.S.C., 1940 ed., §§ 483, 594 (
May 28, 1896, ch. 252, § 8, 29 Stat. 181;
July 19, 1919, ch. 24, § 1, 41 Stat. 209; Mar. 4, 1923, ch. 295, 42 Stat. 1560;
June 25, 1936, ch. 804, 49 Stat. 1921). Section consolidates section 483 and 594 of title 28, U.S.C., 1940 ed., relating to appointment of assistant United States attorneys. Words “United States attorneys” were substituted for “district attorneys.” (See reviser’s note under section 501 [now 541] of this title.) The exception of Alaska from the operation of such section 483 was omitted as covered by section 109 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, authorizing appointment of assistant United States attorneys in Alaska. Reference in such section 483 to “District of Columbia” was omitted. (See reviser’s note under section 501 [now 541] of this title.) The provisions of section 483 and 594 of title 28, U.S.C., 1940 ed., requiring the judges and United States attorneys to certify or evidence in writing the necessity for assistant United States attorneys in their respective districts, and specifying that such opinion of the judge shall state to the Attorney General the facts as distinguished from conclusions, showing the necessity therefor, were omitted. The Attorney General, as chief law

Enforcement

officer, is in a better position to determine such necessity. The salary provisions of such section 594 were omitted as covered by section 508 [now 548] of this title. Changes were made in phraseology.

Editorial Notes

Prior Provisions

A prior section 542, act June 25, 1948, ch. 646, 62 Stat. 911, related to appointment and tenure of deputies and assistants for United States marshals, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 562 of this title by section 4(c) of Pub. L. 89–554.

Reference

Citations & Metadata

Citation

28 U.S.C. § 542

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73