§156 Staff; Expenses

Summary

Bankruptcy judges may hire a secretary, a law clerk, and other assistants the Director of the Administrative Office of the United States Courts says are needed. A law clerk is exempt from subchapter I of chapter 63 of title 5 unless the appointing judge or a local court rule says otherwise. If the number of cases under section 1334 makes it necessary, and after certification to the circuit’s judicial council and to the Director of the Administrative Office of the United States Courts, the bankruptcy judges can appoint a bankruptcy court clerk. That clerk may hire deputies with the judges’ and Director’s approval and may remove them with the judges’ approval. Courts may use outside or on-site services for notices, dockets, calendars, and other case information if the cost is paid from the bankruptcy estate and not charged to the United States, subject to conditions set by the circuit council. The bankruptcy clerk’s office cannot be merged with the district clerk’s office without approval of the Judicial Conference and Congress. Where a bankruptcy clerk is appointed, that clerk must keep the court’s records and dockets and must account for and pay all fees, costs, and other money collected into the Treasury (except uncollected fees not required by an Act of Congress to be prepaid) and report those amounts to the Director of the Administrative Office of the United States Courts and the Director of the Executive Office for United States Trustees under rules those Directors set.