28 USC § 957 - Clerks ineligible for certain offices

---
identifier: "/us/usc/t28/s957"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 957 - Clerks ineligible for certain offices"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "957"
section_name: "Clerks ineligible for certain offices"
chapter_number: 57
chapter_name: "GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND EMPLOYEES"
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. 926; Pub. L. 95–598, title II, § 234, Nov. 6, 1978, 92 Stat. 2667; Pub. L. 97–164, title I, § 122(b), Apr. 2, 1982, 96 Stat. 36; Pub. L. 98–353, title I, § 109, July 10, 1984, 98 Stat. 342.)"
---


# § 957. Clerks ineligible for certain offices

A clerk of a court or any of his deputies shall not be appointed a commissioner, master, referee or receiver in any case, unless there are special reasons requiring such appointment which are recited in the order of appointment.

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**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 926; Pub. L. 95–598, title II, § 234, Nov. 6, 1978, 92 Stat. 2667; Pub. L. 97–164, title I, § 122(b), Apr. 2, 1982, 96 Stat. 36; Pub. L. 98–353, title I, § 109, July 10, 1984, 98 Stat. 342.)

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 127, 304 (, §§ 68, 191, , 1144).

Section consolidates section 127 with part of 304 of title 28, U.S.C., 1940 ed.

Provisions of , U.S.C., 1940 ed., relating to appointment, powers, duties, and compensation of the clerk of the Court of Customs and Patent Appeals, and table of fees are incorporated in sections 604, 831, 956 and 1926 of this title.

Appointment and compensation of masters for district courts, see Rule 53(a) of the Federal Rules of Civil Procedure.

The words “commissioner” and “referee” did not appear in , U.S.C., 1940 ed. They were added to subsection (a) to remove possible ambiguity.

Words “by the court or any judge thereof” in , U.S.C., 1940 ed., were omitted as surplusage.

Words “or assistant clerks” and “in any case” were added in subsection (b) to make the section applicable to that officer and consistent with the prohibition in this section against deputies of district court clerks.

Minor changes were made in phraseology.

## Editorial Notes

### Amendments

1984— struck out “district” before “court”.

1982— struck out designation “(a)” before “A clerk of a district court” and struck out subsec. (b) which had provided that the clerk or assistant clerk of the Court of Customs and Patent Appeals could not be appointed a commissioner, master, or referee in any case.

1978— directed the amendment of section by inserting “or bankruptcy court” after “district court”, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note preceding , Bankruptcy.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by  effective , see , set out as an Effective Date note under .

### Effective Date of 1982 Amendment

Amendment by  effective , see , set out as a note under .