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28 U.S.C. § 546 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 546. Vacancies

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

(c) A person appointed as United States attorney under this section may serve until the earlier of--

(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or

(2) the expiration of 120 days after appointment by the Attorney General under this section.

(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

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Cite this article: FindLaw.com - 28 U.S.C. § 546 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 546. Vacancies - last updated January 01, 2024 | https://codes.findlaw.com/us/title-28-judiciary-and-judicial-procedure/28-usc-sect-546/

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