28 U.S.C. § 562
Section 562 · Vacancies
Amended 1 time on record
Applied in 3 court decisions — leading case Connolly v. United States Department of Justice (1985)
Most recently applied in 541 F. Supp. 2d 1184 - United States v. Baldwin (February 2008)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior 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.