28 USC § 712 - Law clerks and secretaries

---
identifier: "/us/usc/t28/s712"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 712 - Law clerks and secretaries"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "712"
section_name: "Law clerks and secretaries"
chapter_number: 47
chapter_name: "COURTS OF APPEALS"
part_number: "III"
part_name: "COURT OFFICERS AND EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 920; Pub. L. 100–702, title X, § 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)"
---


# § 712. Law clerks and secretaries

Circuit judges may appoint necessary law clerks and secretaries. 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.

---

**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 920; Pub. L. 100–702, title X, § 1003(a)(3), Nov. 19, 1988, 102 Stat. 4665.)

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 222a (, as added , ).

Provision of , U.S.C., 1940 ed., relating to compensation of law clerks is incorporated in . (See reviser’s note under such section.)

Words “with the approval of the Attorney General,” were omitted to confer on circuit judges the same authority given Supreme Court justices under .

The provision for appointment of secretaries is new. Existing law fixes compensation of secretaries but makes no provision for their appointment. (See  and reviser’s note thereunder.)

Changes were made in phraseology.

## Editorial Notes

### Amendments

1988— 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.”