Page:United States Statutes at Large Volume 92 Part 2.djvu/1386

 92 STAT. 2666

PUBLIC LAW 95-598—NOV. 6, 1978

"CHAPTER 50—BANKRUPTCY COURTS "Sec.

28 USC 771.

28 USC 772.

28 USC 773.

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"771. Clerks. "772. Other employees. "773. Records of proceedings; reporters. "774. Power to appoint. "775. Salaries of employees. «§ 771. Clerks " (a) Based on need each bankruptcy court may appoint a clerk who shall be subject to removal only by the court. "(b) The clerk may appoint, with the approval of the court, necessary deputies, clerical assistants, and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. Such deputies, clerical assistants, and employees shall be subject to removal only by the clerk with the approval of the court. If there is no clerk, the Bankruptcy Judge shall perform the duties of this subsection. "(c) The clerk of each bankruptcy court shall reside in the district for which he is appointed. The bankruptcy court may designate places within the district for the offices of the clerk and his deputies, and their official stations. "(d) A clerk of a bankruptcy court or his deputy or assistant shall not receive any compensation or emoluments through any office or position to which he is appointed by the court, other than that received as such clerk, deputy or assistant, whether from the United States or from private litigants. "(e) The clerk of each bankruptcy court shall pay into the Treasury all fees, costs and other moneys collected by him, except uncollected fees not required by Act of Congress to be prepaid. "He shall make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by him. "§772. Other employees "Bankruptcy judges may appoint necessary other employees, including law clerks and secretaries, subject to any limitation on the aggregate salaries of such employees which may be imposed by law. "§773. Records of proceedings; reporters " (a) The bankruptcy court shall require a record to be made, whenever practicable, of all proceedings in cases had in open court. The Judicial Conference shall prescribe that the record be taken by electronic sound recording means, by a court reporter appointed or employed by such bankruptcy court to take a verbatim record by shorthand or mechanical means, or by an employee of such court designated by such court to take such a verbatim record. "(b) On the request of a party to a proceeding that has been recorded who has agreed to pay the fee for a transcript, or a judge of the bankruptcy court, a transcript of the original record of the requested i:)arts of such proceeding shall be made and delivered promptly to such party or judge. Any such transcript that is certified shall be deemed prima facie a correct statement of the testimony taken and proceedings liad. No transcript of the proceedings of the bankruptcy court shall be considered as official except those made from certified records. "(c) Fees for transcripts furnished in proceedings to persons permitted to appeal in forma pauperis shall be paid by the United States out of money appropriated for that purpose if the trial judge or a circuit judge certifies that the appeal is not frivolous (but presents a substantial question).

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