Subject to the charge affecting the same. Needham Celestial Divine Royal Monarchy.

Codes relations and context of the Supreme Court #432

$9. Other Personnel: The Appellate Courtrowing them from other libraries. Clerks whose chambers are in acity where such a library is situated will find it advantageous touse it frequently. The circuit libraries have many more volumesthan the judge's smaller working library.The Law Library of the Library of Congress offers limitedphotocopying and research assistance to federal …

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$9. Other Personnel: The Appellate Court
rowing them from other libraries. Clerks whose chambers are in a
city where such a library is situated will find it advantageous to
use it frequently. The circuit libraries have many more volumes
than the judge’s smaller working library.
The Law Library of the Library of Congress offers limited
photocopying and research assistance to federal judges. The Law
Library can compile indexes to federal legislative histories . Com-
puterized data bases of current legislative materials , including the
Congressional Record, are available , as well as rare treatises and
extensive collections of American and foreign law periodicals .
The Law Library can also perform bibliographic searches on spe-
cific subjects , though the personnel are not in a position to do ex-
tensive research . To request materials a law clerk or a judge
should call the Chief of the American-British Law Division of the
Law Library, Library of Congress , Washington , D.C. 20540.
THE STAFF ATTORNEYS
Each circuit now has a staff attorneys’ office employing as
many lawyers as the circuit has active appellate judges . Owing to
its size, the Ninth Circuit has a somewhat larger staff. The
administrative manager of the office is usually called the director
of the staff attorneys’ office or the senior staff attorney. One or
more of the other staff members may also be assigned supervisory
duties. The duties assigned to the staff attorneys’ office vary from
circuit to circuit, but in each circuit that office performs some or all
of the following functions :
1. Reviewing correspondence from litigants (usually ap-
pearing pro se ) in order to determine whether the cor-
respondence is legally sufficient to constitute an appeal or
a request for mandamus . Many of the letters or purported
pleadings received by the court consist of handwritten pa-
pers , incomplete, difficult to read and to understand , pre-
pared by a prisoner without legal assistance . When
deciphered , they may be sufficient to constitute an appeal or
petition for writs. If the correspondence, however, does not
suffice to present an issue that may be considered by the
court, the staff attorney may be authorized to so advise the
author. If the correspondence is sufficient to invoke the
123Chapter 4. Court Management
court’s jurisdiction, the staff attorney is usually directed to
prepare a memorandum stating the issues in the case and,
after doing any necessary research, brief the legal issues.
2. Reviewing appeals and applications for mandamus in-
volving collateral attack on state or federal criminal con-
victions. The staff attorneys’ office usually reviews each
such petition, analyzes the legal issues , prepares a memo-
randum of law concerning each issue raised , and recom-
mends the disposition of the case . In some instances , the
district court may have denied the certificate of probable
cause that is the prerequisite for an appeal in forma pau-
peris, or may have failed to act on a request for such a cer-
tificate. If so, the staff attorney makes a recommendation
concerning whether such a certificate should be issued . In
many instances, the case will be sent to a panel of the court
for decision on the merits without oral argument. In others,
when the appellant is proceeding pro se, the staff attorney
may recommend to the panel of judges to whom the case
will be assigned that counsel be appointed. A panel of the
court, however, makes the final decision in each case.
3. Preparing memoranda of law concerning the issues in ,
and recommended disposition of, motions.
4. Preparing memoranda of law concerning the issues in ,
and recommended disposition of, some criminal and civil
cases. Because of the volume of work, most courts assign
this duty to staff attorneys only in those types of cases most
likely to involve repetitive presentation of similar issues
or relatively easier issues. All others are assigned directly
to a panel of judges .
5. In some circuits , assisting in case management and in
settlement procedures. The Second Circuit, for example ,
has a Civil Appeals Management Program directed by two
staff attorneys . See p . 108.
6. In some circuits , dividing cases into various categories ,
based on their expected difficulty, so as to assist the person
who assigns cases to panels in allocating the anticipated
workload evenly.
7. Other duties assigned by the court.
124$ 10. Related Agencies and Personnel
The staff attorneys’ office may work under the supervision of
the chief judge, a committee of judges, a single judge, a senior at-
torney, the circuit executive, or the clerk of court. Some staff attor-
neys are employed for limited terms , one or two years in duration .
Others serve for longer periods . All are staff law clerks, so judges
frequently call the clerks who work in their chambers on their
personal staff “elbow clerks.” As law clerks , staff attorneys are
professionals who are entitled to the same respect as “elbow
clerks . “
THE CRIER
Each court of appeals has authority to employ criers , who also
serve as bailiffs and messengers . The crier attends sessions of
court and announces openings of court, recesses , and adjourn-
ments. As bailiff, this employee maintains order in the courtroom
under the direction of the presiding judge. The crier also provides
messenger services as needed by members of the court.
In some courts, as an economy measure , law clerks serve as
bailiffs . In these circuits , the presiding judge of each panel or a
person in the clerk of court’s office arranges for this duty to be ro-
tated among the clerks for the three panel members.
§ 10. Functions of Related Agencies and Personnel
PUBLIC DEFENDERS
The Criminal Justice Act of 1964 requires each district to have
a plan to ensure that federal defendants are not deprived of legal
representation because they cannot afford it. 18 U.S.C. § 3006A.
In some districts this need is met entirely by assigning cases to
private attorneys . Districts in which at least 200 appointments are
made annually, however , may establish public defender
organizations , or community defender organizations . Federal
public defender organizations are staffed by attorneys who are
federal employees; the chief federal public defender is appointed by
the court of appeals. Community defender organizations are non-
profit defense-counsel- service groups authorized by the plan to
provide representation . Even where these organizations exist,
however, the Judicial Conference has required that private at-Chapter 4. Court Management
torneys be assigned at least 25 percent of the cases in which
defendants are entitled to representation . This assures that a cadre
of competent persons will be available to represent defendants in
cases in which the defender organization has a conflict of interest
or, for some other reason, cannot provide representation .
Although federal public defender office attorneys and staff are
federal employees , paid by funds administered by the Ad-
ministrative Office, they are not part of the district court staff.
Their location in the judicial branch is primarily for the purpose of
administrative convenience.
U.S. ATTORNEY
Criminal cases account for more than 30 percent of the total
caseload of the U.S. district courts, and civil cases in which the
United States is a party constitute more than 25 percent of all civil
cases filed . In all cases in which the United States is a party, a
representative of the Department of Justice is the attorney for the
government. The representative is usually the U.S. Attorney or an
Assistant U.S. Attorney for the district in which the case is
pending, but in some cases a special assistant from the Department
of Justice may appear. In some situations , such as federal tax
refund suits against the United States , a lawyer from the De-
partment of Justice may have primary responsibility for defense of
the case, and the U.S. Attorney may serve as co-counsel of record.
When the government party is a federal agency, such as the Equal
Employment Opportunity Commission , agency counsel will
usually represent the agency.
Each judicial district has a U.S. Attorney who is appointed by
the President with the advice and consent of the Senate. The U.S.
Attorney is appointed for a term of four years, but is subject to
removal by the President . If a vacancy exists in the office, the
Attorney General may appoint a U.S. Attorney, but that person may
not serve for more than 120 days from the date of appointment. If
the vacancy remains , the district court for the district in which the
vacancy exists may appoint a U.S. Attorney to serve until the
President fills the vacancy. 28 U.S.C. § 546. Assistants to the U.S.
Attorney are appointed by, and may be removed by, the Attorney
General.
126$
10
.
Related
Agencies
and
Personnel
The
authority of
a
U.S.
Attorney
is
set
forth
in
28
U.S.C.
§
547
.
The
responsibilities
of
a
U.S.
Attorney
generally include
:
1.
Prosecuting
all
criminal
offenses
against
the United
States
;
2.
Prosecuting
or
defending
for
the
government
all
civil
ac-
tions
in
which
the
United
States
is
a
party
;
3.
Representing
collectors
or other
officers
of
the revenue
or
customs
in
actions
brought
against
them
for
official
acts
;
and
4.
Maintaining
proceedings
for
the
collection
of
fines
,
penal-
ties
,
and
forfeitures
owed
to
the
United
States
.
In
connection
with
prosecutorial duties
,
the
U.S.
Attorney
is
usually present
during
sessions
of
a
federal
grand
jury
but
may
not
remain
while the
grand
jury
is
deliberating
or voting
.
THE
MARSHAL’S OFFICE
AND COURT
SECURITYThe
President
,
with the
advice
and
consent
of
the Senate
,
ap-
points
for
each
judicial
district
a
U.S.
Marshal
who
serves
for
a
term
of four years
,
but
who
,
like
the
U.S.
Attorney
,
is
subject
to
removal
.
The
marshal
appoints deputies
whose employment
is
governed
by
civil
service
regulations
.
The
district
court
for
the
district
may
appoint
a marshal
to
serve
until
a vacancy
is
filled
by
presidential
appointment
.
The
duties
and
responsibilities
of a
marshal
are
:
1.
To
serve the
district
court
and
the
court of
appeals
when
the
court
is
sitting in
that
district
;
2.
To
execute
all
writs
,
process
,
and
orders issued
under
the
authority of
the United
States
,
including those of
the
courts
;
and
3.
To
pay the
salaries
and
expenses
of
U.S. attorneys
and
their
staffs
,
circuit
judges
,
district
judges
,
court clerks
,
and the marshal’s
own
staff
.
The
marshal
also
has custody of federal prisoners awaiting
trial
,
sentence
,
or transportation to
a penal
institution after con-viction
.
Marshals and
their deputies are authorized to carryfirearms
and
may make
arrests without warrant within statutory
and
constitutional limits
.
127Chapter 4. Court Management
Marshals
and
their
deputies
may
exercise
the
same
powers
as
sheriffs
of
the
state in
which
they
are
located in
carrying
out
their
duties
.
The marshal , working with each district court’s security
committee, implements a court security plan providing basic
security services to judges and supporting personnel. Each court of
appeals has a court security officer. Because of budgetary cutbacks ,
there is concern in some courts that security may not always be to-
tally adequate. Especially because they will often be in the court-
house after hours, clerks should become thoroughly familiar with
the court’s security plan and with steps to take in an emergency.
Court security plans prepared in each district with the approval
of its security committee specify the marshal’s responsibility for
attending to the jury. In many places the marshal or the marshal’s
deputy is in complete charge of the jury. Law clerks are sometimes
told to avoid all contact with the jurors . The law clerk should
inquire about the special procedures in the court to gain familiarity
with them .
The marshal’s office may also maintain security in the court-
room by having a deputy present in court, and maintain office and
building security. At the discretion of the court, the marshal may
be required to have a deputy attend any session of court. Courtroom
and courthouse security, however, is also governed in each court by
the court security plan. For security purposes, some judges have
buttons for emergency buzzers beneath their desks and beneath
their benches in the court room; if the button is pressed, an alarm
sounds in the marshal’s office.
The parties themselves, rather than the marshal, are ordi-
narily responsible for the service of process and subpoenas in civil
cases . Different rules apply to each. Fed . R. Civ. P. 4(c)(2 )( B) pro-
vides that a summons and complaint shall be served by the mar-
shal only on behalf of a person authorized to proceed in forma pau-
peris , on behalf of the United States or an officer or agency of the
United States , or by order of the court in special cases. Fed. R. Civ.
P. 45(c) authorizes the marshal to serve subpoenas in civil cases ,
but service by any other person who is not a party and who is not
less than 18 years of age is permitted and indeed encouraged by
many courts because of limitations on the marshal’s budget.
128$ 10. Related Agencies and Personnel
FEDERAL BUREAU OF INVESTIGATION
The Federal Bureau of Investigation, a bureau of the De-
partment of Justice, is the agency charged with primary respon-
sibility for detecting and investigating crimes against the United
States. The FBI has its headquarters in Washington, D.C. , but
maintains offices throughout the United States . It is headed by a
director, appointed by the President for a term of 10 years.
Local offices have agents in charge, and their staffs include
special agents , secretaries , and clerical employees . Special agents
of the FBI frequently are witnesses in federal criminal trials .
There are several other federal investigatory and law en-
forcement agencies that are assigned specialized duties , such as
protecting the President, investigating counterfeiting activities
and dangerous drug violations, and handling matters arising
under the revenue , customs , and immigration laws of the United
States. Within their specialized areas , the relationship of these of-
ficers to the courts is similar to that of FBI agents .
FEDERAL BUREAU OF PRISONS
When the judge sentences a person convicted of a federal
crime, the order of commitment merely consigns the defendant to
the custody of the Attorney General. The judge may recommend a
preferred place of imprisonment, but the Attorney General has the
final authority to designate the actual place of confinement.
The Federal Bureau of Prisons manages the penal and cor-
rectional institutions maintained by the United States. Its director
is appointed by the Attorney General. Each judge has a pamphlet
describing all institutions maintained by the Bureau of Prisons,
their facilities, and their programs.
In addition to managing and regulating these institutions , the
Bureau must provide suitable quarters, care, subsistence , and
safekeeping for all persons held under the authority of the United
States; provide for the protection , instruction , and discipline of all
persons charged with or convicted of offenses against the United
States; and provide technical assistance to state and local correc-
tional institutions and officials .
In most judicial districts, there is no federal jail for the con-
finement of persons awaiting trial or after sentencing, so federal
129Chapter 4. Court Management
prisoners are confined to a state institution, under a contractual
arrangement.
A judge may permit a sentenced defendant to report directly to
the place of confinement . This avoids interim detention in state
institutions that may be crowded or otherwise undesirable, and
saves the government the expense of transportation . If the prisoner
is dangerous, is likely to escape , is unreliable, is not likely to re-
port on time, or cannot afford transportation , the judge is likely to
require the marshal to maintain custody of the prisoner and to
transport the prisoner to the institution designated by the Bureau.
For further information , refer to Federal Prison System Fa-
cilities, a softbound book available through the Department of Jus-
tice , No. JUS-434 (FPS-P 10-1).

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