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28 U.S.C. § 546

Title 28 Chapter 35 Current through PL 116-220 ~1 min read Last updated: March 30, 2026 View on OLRC →
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§ 546. Vacancies

  • (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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