Title 28Judiciary and Judicial ProcedureRelease 119-73

§677 Counselor to the Chief Justice

Title 28 › Part PART III— - COURT OFFICERS AND EMPLOYEES › Chapter CHAPTER 45— - SUPREME COURT › § 677

Last updated Apr 6, 2026|Official source

Summary

The Chief Justice may hire a Counselor to do work the Chief Justice assigns. The Counselor serves as long as the Chief Justice wants. The Chief Justice sets the Counselor’s pay, but it cannot be more than the pay for the Director of the Administrative Office of the U.S. Courts. The Counselor can choose to join the same retirement plan as that Director by filing a written election under section 611 in the time and way section 611 requires. With the Chief Justice’s approval, the Counselor can hire staff and set their pay, and they are Supreme Court employees. Despite section 1342 of title 31, the Counselor may accept volunteers for public and visitor programs with the Chief Justice’s OK. Volunteers must sign a written waiver giving up claims against the United States except claims under chapter 81 of title 5. Volunteers are not U.S. employees except for chapter 81 of title 5 and chapter 171 of this title. Volunteers must not replace paid workers or cause pay cuts. With approval, the Counselor must also create a retention and recruitment program like section 908 of the Emergency Supplemental Act, 2002 (2 U.S.C. 1926) for Supreme Court Police and other key staff who agree in writing to stay at least two years.

Full Legal Text

Title 28, §677

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)The Chief Justice of the United States may appoint a Counselor who shall serve at the pleasure of the Chief Justice and shall perform such duties as may be assigned to him by the Chief Justice. The salary payable to the Counselor shall be fixed by the Chief Justice at a rate which shall not exceed the salary payable to the Director of the Administrative Office of the United States Courts. The Counselor may elect to bring himself within the same retirement program available to the Director of the Administrative Office of the United States Courts, as provided by section 611 of this title, by filing a written election with the Chief Justice within the time and in the manner prescribed by section 611.
(b)The Counselor, with the approval of the Chief Justice, may appoint and fix the compensation of necessary employees. The Counselor and his employees shall be deemed employees of the Supreme Court.
(c)(1)Notwithstanding section 1342 of title 31, the Counselor, with the approval of the Chief Justice, may accept voluntary personal services to assist with public and visitor programs.
(2)No person may volunteer personal services under this subsection unless the person has first agreed, in writing, to waive any claim against the United States arising out of or in connection with such services, other than a claim under chapter 81 of title 5.
(3)No person volunteering personal services under this subsection shall be considered an employee of the United States for any purpose other than for purposes of—
(A)chapter 81 of title 5; or
(B)chapter 171 of this title.
(4)In the administration of this subsection, the Counselor shall ensure that the acceptance of personal services shall not result in the reduction of pay or displacement of any employee of the Supreme Court.
(d)The Counselor, with the approval of the Chief Justice, shall establish a retention and recruitment program that is consistent with section 908 of the Emergency Supplemental Act, 2002 (2 U.S.C. 1926) for Supreme Court Police officers and other critical employees who agree in writing to remain employed with the Supreme Court for a period of service of not less than two years.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–328 added subsec. (d). 2008—Pub. L. 110–402, § 1(b)(3)(A)(i), substituted “Counselor” for “Administrative Assistant” in section catchline. Subsec. (a). Pub. L. 110–402, § 1(b)(3)(A)(ii), substituted “a Counselor” for “an Administrative Assistant” in first sentence and “Counselor” for “Administrative Assistant” in second and third sentences. Subsecs. (b), (c). Pub. L. 110–402, § 1(b)(3)(A)(iii), substituted “Counselor” for “Administrative Assistant” wherever appearing. 1998—Subsec. (c). Pub. L. 105–233 added subsec. (c).

Reference

Citations & Metadata

Citation

28 U.S.C. § 677

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73