U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 229— POSTSENTENCE ADMINISTRATION › Subchapter SUBCHAPTER A— PROBATION

18 U.S.C. § 3602

Appointment of probation officers

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(a)Appointment.—A district court of the United States shall appoint qualified persons to serve, with or without compensation, as probation officers within the jurisdiction and under the direction of the court making the appointment. A person appointed as a probation officer in one district may serve in another district with the consent of the appointing court and the court in the other district. The appointing court may, for cause, remove a probation officer appointed to serve with compensation, and may, in its discretion, remove a probation officer appointed to serve without compensation.(b)Record of Appointment.—The order of appointment shall be entered on the records of the court, a copy of the order shall be delivered to the officer appointed, and a copy shall be sent to the Director of the Administrative Office of the United States Courts.(c)Chief Probation Officer.—If the court appoints more than one probation officer, one may be designated by the court as chief probation officer and shall direct the work of all probation officers serving in the judicial district.(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2001; amended Pub. L. 114–113, div. E, title III, § 307, Dec. 18, 2015, 129 Stat. 2443.)Editorial NotesAmendments

2015—Subsec. (a). Pub. L. 114–113 inserted “A person appointed as a probation officer in one district may serve in another district with the consent of the appointing court and the court in the other district.” after first sentence and “appointing” before “court may, for cause, remove”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

Notes of Decisions
Cited in 69 cases (14 in the last 5 years), 1982–2026 · leading case: Semper v. United States, 100 Fed. Cl. 621 (Fed. Cl. 2011).
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Semper v. United States, 100 Fed. Cl. 621 (Fed. Cl. 2011). · cites it 16× “§ 5596 (2006), as well as pursuant to 18 U.S.C. § 3602 (2006) and 18 U.S.C. § 3672 (2006).”
United States v. Donald Reyes, Robert Jubic, 283 F.3d 446 (2d Cir. 2002). · cites it 2× “1994); see also 18 U.S.C. § 3602 (a) (“A district court of the United States shall appoint qualified persons to serve .”
United States Dep't of Just. v. Julian, 486 U.S. 1 (1988). · cites it 2× “[1] Respondents contend that presentence reports are not "inter-agency or intra-agency memorandums" within the meaning of Exemption 5, since they are prepared by probation officers, who are appointed by and serve under the direction of the courts, see 18 U. S. C. §§ 3602 (a) and…”
Alfredo Semper v. Curtis Gomez, 747 F.3d 229 (3d Cir. 2014). · cites it 2× “Seeking reinstatement and back pay, he alleged that he was terminated without cause and without a pre-termination hearing in violation of the Due Process Clause of the *975 Fifth Amendment and 18 U.S.C. § 3602 . Section 3602(a) provides that “[a] district court of the United…”
United States v. Bramley, 847 F.3d 1 (1st Cir. 2017). “18 U.S.C. § 3602 (a) (authorizing district courts to appoint probation officers), and “functions as an arm of the court,” United States v.”
United States v. Antonio D. Stephens, 424 F.3d 876 (9th Cir. 2005). “It did not intend to take authority away from a probation officer or restrict the ability of the court to delegate supervisory authority to the probation officer, who is an employee of the judicial branch and is appointed by the court, see 18 U.S.C. § 3602 (a). Duff has not been…”
United States v. York, 357 F.3d 14 (1st Cir. 2004). “18 U.S.C. § 3602 (a). They function as an "arm of the court,” United States v.”
Maydak v. U.S. Dep't of Just., 254 F. Supp. 2d 23 (D.D.C. 2003). “See 18 U.S.C. § 3602 . This conclusion is called for because the FOIA adopts the definition of agency contained in 5 U.”
United States v. Floyd Bruce, 396 F.3d 697 (6th Cir. 2005). “2002) (internal quotation marks and citations omitted); see also 18 U.S.C. § 3602 (a) (authorizing the federal district courts-to appoint probation officers “within the jurisdiction and under the direction of the court making the appointment”); 18 U.”
David A. Duffy v. Charles R. Wolle Harold D. Vietor Ronald Longstaff, Sued as Ronald E. Longstaff, 123 F.3d 1026 (8th Cir. 1997). “See 18 U.S.C. § 3602 . On September 30 and October 1, 1993, Chief Judge Wolle attended a conference in Washington, D.”
Frank S. Dorman v. Michael Higgins, 821 F.2d 133 (2d Cir. 1987). “1987 , 2031 (1984), as amended, and reenacted in part as 18 U.S.C. § 3602 effective Nov. 1, 1987, by the same legislation), and are subject to removal by that court in its discretion, 18 U.”
United States v. Victoria Kaye Johnson, A/K/A Victoria Kaye S., 48 F.3d 806 (4th Cir. 1995). “…* The district court is also given, authority to remove for cause a probation officer appointed with compensation. 18 U.S.C. § 3602 (a).”
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