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United States Code Title 28 — Judiciary and Judicial Procedure

§ 546. Vacancies

§ 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.