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

Summary

When a U.S. marshal's office is empty, the Attorney General can name someone to act as the marshal. The Attorney General cannot pick a person who the President already appointed to that job if the Senate refused to approve that appointment. That person may serve only until the earliest of three things: a President-appointed marshal takes office; the thirtieth day after the end of the next session of the Senate; or, if the designee is later appointed by the President but the Senate refuses to approve, the thirtieth day after that refusal.

Title 28, §562

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent.

(b)A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events:

(1)The entry into office of a United States marshal appointed by the President, pursuant to section 561(c).

(2)The expiration of the thirtieth day following the end of the next session of the Senate.

(3)If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal.

Editorial Notes

Prior Provisions

A prior section 562, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, related to appointment of deputy marshals and clerical assistants, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 561(f) of this title.

§562 Vacancies

Summary

Title 28, §562

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata