U.S. Code » Title 28 » Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 37— UNITED STATES MARSHALS SERVICE

28 U.S.C. § 562

Vacancies

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(a) In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent.(b) A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events:(1) The entry into office of a United States marshal appointed by the President, pursuant to section 561(c).(2) The expiration of the thirtieth day following the end of the next session of the Senate.(3) If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal.(Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.)Editorial NotesPrior Provisions

A prior section 562, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, related to appointment of deputy marshals and clerical assistants, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 561(f) of this title.

Notes of Decisions
Cited in 6 cases, 1967–2008 · leading case: Paul v. Connolly v. United States Department of Justice
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Paul v. Connolly v. United States Department of Justice (1985) cafc “See 28 U.S.C. § 562 (1982). On appeal, and after a hearing at which Connolly did not testify or produce witnesses in his behalf, the presiding official found that Connolly had probable cause for arresting Raymond Gonsalves and Daniel Pa *510 checo.”
United States v. Baldwin (2008) nmd “See 28 U.S.C. § 562 . 4. How Judicial Appointment Often Works.”
Thompson v. Link (1974) moed “In 1966, the deputy marshals were placed in the classified Civil Service, 28 U.S.C. § 562 . In 1971, the maximum-age limit was abolished.”
Authority of the Attorney General to Make Successive Designations of Interim United States Marshals (1993) olc · cites it 6× “Authority of the Attorney General to Make Successive Designations of Interim United States Marshals Under 28 U S.C. § 562, the A ttorney General may make two or m ore successive designations o f a person to serve as interim United States m arshal in a judicial district where the…”
Department of Labor Jurisdiction to Investigate Certain Criminal Matters (1986) olc “See also 28 U S.C. §§ 562, 569(c), 28 C.F.R . § 0 .”
Carriage of Firearms by the Marshal, Deputy Marshals, and Judges of the Customs Court (1967) olc “§ 561 and the Deputies appointed pursuant to 28 U.S.C. § 562 . These are the officers ordinarily referred to as United States Marshals and Deputies.”
— 28 U.S.C. § 562(b)(2) — 1 case
Authority of the Attorney General to Make Successive Designations of Interim United States Marshals (1993) olc “Authority of the Attorney General to Make Successive Designations of Interim United States Marshals Under 28 U S.C. § 562, the A ttorney General may make two or m ore successive designations o f a person to serve as interim United States m arshal in a judicial district where the…”
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