Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§794 Law Clerks and Secretaries
Title 28 › Part III— COURT OFFICERS AND EMPLOYEES › Chapter 51— UNITED STATES COURT OF FEDERAL CLAIMS › § 794
Summary
Judges of the United States Court of Federal Claims may hire law clerks and secretaries in the numbers the Judicial Conference approves for district judges, though the total pay for those employees can be limited by law. Law clerks hired this way are exempt from subchapter I of chapter 63 of title 5 unless the hiring judge or a local court rule says they are included.
Full Legal Text
Title 28, §794
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
The judges of the United States Court of Federal Claims may appoint necessary law clerks and secretaries, in such numbers as the Judicial Conference of the United States may approve for district judges, subject to any limitation of the aggregate salaries of such employees which may be imposed by law. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 270 (Feb. 24, 1925, ch. 301, § 2, 43 Stat. 965;
May 29, 1928, ch. 852, § 711, 45 Stat. 882;
June 23, 1930, ch. 573, § 1, 46 Stat. 799; Oct. 16, 1941, ch. 443, 55 Stat. 741). The first sentence of the revised section makes express provision for appointment of stenographers and necessary clerical employees. Other provisions of section 270 of title 28, U.S.C., 1940 ed., are incorporated in section 456 and 792 of this title. Specific provision for $5 per diem for stenographers is omitted as unnecessary and inconsistent with section 962 of this title. Travel and subsistence allowances of Government employees are governed by section 822–833 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees. Changes were made in phraseology.
Editorial Notes
Amendments
1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court” and inserted “for district judges” after “may approve” in first sentence. 1988—Pub. L. 100–702 inserted at end “A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, unless specifically included by the appointing judge or by local rule of court.” 1982—Pub. L. 97–164 substituted “Law clerks and secretaries” for “Stenographers and clerical employees” as section catchline and, in text, substituted “The judges of the United States Claims Court may appoint necessary law clerks and secretaries, in such numbers as the Judicial Conference of the United States may approve, subject to any limitation of the aggregate salaries of such employees which may be imposed by law” for “The Court of Claims shall appoint stenographers and other clerical employees in such numbers as may be necessary each of whom shall be subject to removal by the court”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date
of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 794
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60