PRIA, Government Policy, Made Personal

Summary

A district judge can appoint one crier for the court. That crier also works as bailiff and messenger. A judge may also name a qualified crier to serve as a crier-law clerk. A crier-law clerk gets law clerk pay, but only the amount above the crier pay counts toward any legal limit on total pay for a judge’s law clerks and secretaries. A U.S. marshal may hire, with the judge’s OK, up to four bailiffs to attend court, keep order, wait on juries, and do other needed tasks. If the hire has never been a crier or bailiff, the appointing officer must prefer a person who served in the U.S. military or navy in time of war and was honorably discharged, if they are equally qualified.

Title 28, §755

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

Each district judge may appoint a crier for the court in which he presides who shall perform also the duties of bailiff and messenger. A crier may perform also the duties of law clerk if he is qualified to do so and the district judge who appointed him designates him to serve as a crier-law clerk. A crier designated to serve as a crier-law clerk shall receive the compensation of a law clerk, but only so much of that compensation as is in excess of the compensation to which he would be entitled as a crier shall be deemed the compensation of a law clerk for the purposes of any limitation imposed by law upon the aggregate salaries of law clerks and secretaries appointed by a district judge. Each United States marshal may employ, with the approval of the judge, not exceeding four bailiffs as the district judge may determine, to attend the court, maintain order, wait upon the grand and petit juries, and perform such other necessary duties as the judge or marshal may direct. If the position of crier or bailiff is to be filled by the appointment of a person who has not previously served as either crier or bailiff, preference in the appointment shall be given to a person who has served in the military or naval forces of the United States in time of war and who has been honorably discharged therefrom, if in the opinion of the appointing officer such person is as well qualified as any other available person to perform to the satisfaction of the appointing officer all the duties of the position.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 9, 595, 596 (R.S. § 715; Mar. 3, 1905, ch. 1487, 33 Stat. 1259; Mar. 3, 1911, ch. 231, § 5, 36 Stat. 1088;

June 1, 1922, ch. 204, title II, 42 Stat. 617; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1084;

May 28, 1924, ch. 204, title II, 43 Stat. 221;

May 14, 1940, ch. 189, title III, 54 Stat. 204;

June 28, 1941, ch. 258, title III, 55 Stat. 295;

July 2, 1942, ch. 472, title III, 56 Stat. 486;

July 1, 1943, ch. 182, title II, 57 Stat. 286;

June 28, 1944, ch. 294, title II, 58 Stat. 410; Dec. 7, 1944, ch. 522, §§ 1, 2, 58 Stat. 796;

May 21, 1945, ch. 129, title II, 59 Stat. 184). Section consolidates parts of section 9, 595, and 596 of title 28, U.S.C., 1940 ed. The other provisions of such sections appear in section 604 of this title. Compensation of criers and other court attendants, except bailiffs under section 604 of this title, will be fixed by the Director of the Administrative Office of the United States Courts.

Editorial Notes

Amendments

1988—Pub. L. 100–690 struck out third par. which provided each bailiff an allowance of $6 a day for services to be paid only for actual attendance when court was in session or judge or jury was present. 1965—Pub. L. 89–281 inserted provisions to first par. permitting a crier to perform duties of law clerk if he is qualified to do so and district judge who appointed him designates him to serve as a crier-law clerk, specifying that a crier-law clerk shall receive compensation of a law clerk, and requiring that only so much of that compensation as is in excess of compensation to which he would be entitled as a crier shall be deemed compensation of a law clerk for purposes of any limitation imposed by law upon aggregate salaries of law clerks and secretaries appointed by a district judge.

§755 Criers and Bailiffs