US (United States) Code. Title 28. Part III: Court officers and employees. Chapter 43: US (United States) magistrate judges

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-CITE-

28 USC CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-MISC1-

Sec.

631. Appointment and tenure.

632. Character of service.

633. Determination of number, locations, and salaries of

magistrate judges.

634. Compensation.

635. Expenses.

636. Jurisdiction, powers, and temporary assignment.

637. Training.

638. Dockets and forms; United States Code; seals.

639. Definitions.

AMENDMENTS

1972 - Pub. L. 92-239, Sec. 3, Mar. 1, 1972, 86 Stat. 47,

substituted "Jurisdiction, powers, and temporary assignment" for

"Jurisdiction and powers" in item 636.

1968 - Pub. L. 90-578, title I, Sec. 101, Oct. 17, 1968, 82 Stat.

1108, substituted "MAGISTRATES" for "COMMISSIONERS" in chapter

heading, and "Character of service" for "Park commissioners;

jurisdiction and powers; procedure" in item 632, "Determination of

number, locations, and salaries of magistrates" for "Fees and

expenses" in item 633, "Compensation" for "Salaries of park

commissioners; disposition of fees" in item 634, "Expenses" for

"Park commissioners; residence" in item 635, "Jurisdiction and

powers" for "Accounts" in item 636, "Training" for "Oaths,

acknowledgments, affidavits and depositions" in item 637, "Dockets

and forms; United States Code; seals" for "Seals" in item 638, and

"Definitions" for "Dockets and forms; United States Code" in item

639.

1954 - Act Aug. 13, 1954, ch. 728, Sec. 1(c), 68 Stat. 704,

inserted "and expenses" after "Fees" in item 633.

-CHANGE-

CHANGE OF NAME

"UNITED STATES MAGISTRATE JUDGES" substituted for "UNITED STATES

MAGISTRATES" in chapter heading and "magistrate judges" substituted

for "magistrates" in item 633 pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of this title.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 375 of this title; title

48 sections 1912, 1934; title 50 sections 1842, 1861.

-End-

-CITE-

28 USC Sec. 631 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

Sec. 631. Appointment and tenure

-STATUTE-

(a) The judges of each United States district court and the

district courts of the Virgin Islands, Guam, and the Northern

Mariana Islands shall appoint United States magistrate judges in

such numbers and to serve at such locations within the judicial

districts as the Judicial Conference may determine under this

chapter. In the case of a magistrate judge appointed by the

district court of the Virgin Islands, Guam, or the Northern Mariana

Islands, this chapter shall apply as though the court appointing

such a magistrate judge were a United States district court. Where

there is more than one judge of a district court, the appointment,

whether an original appointment or a reappointment, shall be by the

concurrence of a majority of all the judges of such district court,

and when there is no such concurrence, then by the chief judge.

Where the conference deems it desirable, a magistrate judge may be

designated to serve in one or more districts adjoining the district

for which he is appointed. Such a designation shall be made by the

concurrence of a majority of the judges of each of the district

courts involved and shall specify the duties to be performed by the

magistrate judge in the adjoining district or districts.

(b) No individual may be appointed or reappointed to serve as a

magistrate judge under this chapter unless:

(1) He has been for at least five years a member in good standing

of the bar of the highest court of a State, the District of

Columbia, the Commonwealth of Puerto Rico, the Territory of Guam,

the Commonwealth of the Northern Mariana Islands, or the Virgin

Islands of the United States, except that an individual who does

not meet the bar membership requirements of this paragraph may be

appointed and serve as a part-time magistrate judge if the

appointing court or courts and the conference find that no

qualified individual who is a member of the bar is available to

serve at a specific location;

(2) He is determined by the appointing district court or courts

to be competent to perform the duties of the office;

(3) In the case of an individual appointed to serve in a national

park, he resides within the exterior boundaries of that park, or at

some place reasonably adjacent thereto;

(4) He is not related by blood or marriage to a judge of the

appointing court or courts at the time of his initial appointment;

and

(5) He is selected pursuant to standards and procedures

promulgated by the Judicial Conference of the United States. Such

standards and procedures shall contain provision for public notice

of all vacancies in magistrate judge positions and for the

establishment by the district courts of merit selection panels,

composed of residents of the individual judicial districts, to

assist the courts in identifying and recommending persons who are

best qualified to fill such positions.

(c) A magistrate judge may hold no other civil or military office

or employment under the United States: Provided, however, That,

with the approval of the conference, a part-time referee in

bankruptcy or a clerk or deputy clerk of a court of the United

States may be appointed and serve as a part-time United States

magistrate judge, but the conference shall fix the aggregate amount

of compensation to be received for performing the duties of

part-time magistrate judge and part-time referee in bankruptcy,

clerk or deputy clerk: And provided further, That retired officers

and retired enlisted personnel of the Regular and Reserve

components of the Army, Navy, Air Force, Marine Corps, and Coast

Guard, members of the Reserve components of the Army, Navy, Air

Force, Marine Corps, and Coast Guard, and members of the Army

National Guard of the United States, the Air National Guard of the

United States, and the Naval Militia and of the National Guard of a

State, territory, or the District of Columbia, except the National

Guard disbursing officers who are on a full-time salary basis, may

be appointed and serve as United States magistrate judges.

(d) Except as otherwise provided in sections 375 and 636(h) of

this title, no individual may serve under this chapter after having

attained the age of seventy years: Provided, however, That upon a

majority vote of all the judges of the appointing court or courts,

which is taken upon the magistrate judge's attaining age seventy

and upon each subsequent anniversary thereof, a magistrate judge

who has attained the age of seventy years may continue to serve and

may be reappointed under this chapter.

(e) The appointment of any individual as a full-time magistrate

judge shall be for a term of eight years, and the appointment of

any individuals as a part-time magistrate judge shall be for a term

of four years, except that the term of a full-time or part-time

magistrate judge appointed under subsection (k) (!1) shall expire

upon -

(1) the expiration of the absent magistrate judge's term,

(2) the reinstatement of the absent magistrate judge in regular

service in office as a magistrate judge,

(3) the failure of the absent magistrate judge to make timely

application under subsection (j) (!1) of this section for

reinstatement in regular service in office as a magistrate judge

after discharge or release from military service,

(4) the death or resignation of the absent magistrate judge, or

(5) the removal from office of the absent magistrate judge

pursuant to subsection (i) of this section,

whichever may first occur.

(f) Upon the expiration of his term, a magistrate judge may, by a

majority vote of the judges of the appointing district court or

courts and with the approval of the judicial council of the

circuit, continue to perform the duties of his office until his

successor is appointed, or for 180 days after the date of the

expiration of the magistrate judge's term, whichever is earlier.

(g) Each individual appointed as a magistrate judge under this

section shall take the oath or affirmation prescribed by section

453 of this title before performing the duties of his office.

(h) Each appointment made by a judge or judges of a district

court shall be entered of record in such court, and notice of such

appointment shall be given at once by the clerk of that court to

the Director.

(i) Removal of a magistrate judge during the term for which he is

appointed shall be only for incompetency, misconduct, neglect of

duty, or physical or mental disability, but a magistrate judge's

office shall be terminated if the conference determines that the

services performed by his office are no longer needed. Removal

shall be by the judges of the district court for the judicial

district in which the magistrate judge serves; where there is more

than one judge of a district court, removal shall not occur unless

a majority of all the judges of such court concur in the order of

removal; and when there is a tie vote of the judges of the district

court on the question of the removal or retention in office of a

magistrate judge, then removal shall be only by a concurrence of a

majority of all the judges of the council. In the case of a

magistrate judge appointed under the third sentence of subsection

(a) of this section, removal shall not occur unless a majority of

all the judges of the appointing district courts concur in the

order of removal; and where there is a tie vote on the question of

the removal or retention in office of a magistrate judge, then

removal shall be only by a concurrence of a majority of all the

judges of the council or councils. Before any order or removal

shall be entered, a full specification of the charges shall be

furnished to the magistrate judge, and he shall be accorded by the

judge or judges of the removing court, courts, council, or councils

an opportunity to be heard on the charges.

(j) Upon the grant by the appropriate district court or courts of

a leave of absence to a magistrate judge entitled to such relief

under chapter 43 of title 38, such court or courts may proceed to

appoint, in the manner specified in subsection (a) of this section,

another magistrate judge, qualified for appointment and service

under subsections (b), (c), and (d) of this section, who shall

serve for the period specified in subsection (e) of this section.

(k) A United States magistrate judge appointed under this chapter

shall be exempt from the provisions of subchapter I of chapter 63

of title 5.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 915; May 24, 1949, ch. 139, Sec.

73, 63 Stat. 100; July 9, 1952, ch. 609, Sec. 1, 66 Stat. 509; July

25, 1956, ch. 722, 70 Stat. 642; Pub. L. 90-578, title I, Sec. 101,

Oct. 17, 1968, 82 Stat. 1108; Pub. L. 94-520, Sec. 2, Oct. 17,

1976, 90 Stat. 2458; Pub. L. 95-598, title II, Sec. 231, Nov. 6,

1978, 92 Stat. 2665; Pub. L. 96-82, Sec. 3(a)-(d), Oct. 10, 1979,

93 Stat. 644, 645; Pub. L. 97-230, Aug. 6, 1982, 96 Stat. 255; Pub.

L. 99-651, title II, Sec. 201(a)(1), Nov. 14, 1986, 100 Stat. 3646;

Pub. L. 100-659, Sec. 5, Nov. 15, 1988, 102 Stat. 3918; Pub. L.

100-702, title X, Sec. 1003(a)(2), Nov. 19, 1988, 102 Stat. 4665;

Pub. L. 101-45, title II, Sec. 104, June 30, 1989, 103 Stat. 122;

Pub. L. 101-650, title III, Secs. 308(b), 321, Dec. 1, 1990, 104

Stat. 5112, 5117; Pub. L. 103-353, Sec. 2(c), Oct. 13, 1994, 108

Stat. 3169; Pub. L. 106-518, title II, Sec. 201, Nov. 13, 2000, 114

Stat. 2412.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 526 and 527, sections

27, 66, 80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c-5,

403h-5, 404c-5, and 408m of title 16, U.S.C., 1940 ed.,

Conservation, and section 863 of title 48, U.S.C., 1940 ed.,

Territories and Insular Possessions (May 27, 1894, ch. 72, Sec. 5,

28 Stat. 74; May 28, 1896, ch. 252, Secs. 19, 20, 29 Stat. 184;

Apr. 12, 1900, ch. 191, Sec. 34, 31 Stat. 84; Mar. 2, 1901, ch.

814, 31 Stat. 956; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167;

Jan. 7, 1913, ch. 6, 37 Stat. 648; Aug. 22, 1914, ch. 264, Sec. 6,

38 Stat. 700; June 30, 1916, ch. 197, Sec. 6, 39 Stat. 245; Aug.

21, 1916, ch. 368, Sec. 6, 39 Stat. 523; Mar. 2, 1917, ch. 145,

Sec. 41, 39 Stat. 965; June 2, 1920, ch. 218, Secs. 7, 8, 41 Stat.

733; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; Dec. 13, 1926,

ch. 6, Sec. 1, 44 Stat. 919; Apr. 25, 1928, ch. 434, Sec. 6, 45

Stat. 460; Apr. 26, 1928, ch. 438, Sec. 6, 45 Stat. 464; Mar. 2,

1929, ch. 583, Sec. 6, 45 Stat. 1538; Apr. 19, 1930, ch. 200, Sec.

6, 46 Stat. 228; June 25, 1935, ch. 309, Sec. 1, 49 Stat. 422; Aug.

19, 1937, ch. 703, Sec. 5, 50 Stat. 702; Mar. 26, 1938, ch. 51,

Sec. 2, 52 Stat. 118; June 25, 1938, ch. 684, Sec. 1, 52 Stat.

1164; June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213; Mar. 4, 1940,

ch. 40, Sec. 2, 54 Stat. 43; Mar. 6, 1942, ch. 150, Sec. 5, 56

Stat. 134; Mar. 6, 1942, ch. 151, Sec. 5, 56 Stat. 137; Apr. 29,

1942, ch. 264, Sec. 5, 56 Stat. 260; June 5, 1942, ch. 341, Sec. 5,

56 Stat. 318; Dec. 28, 1945, ch. 592, 59 Stat. 659, 660; Apr. 23,

1946, ch. 202, Sec. 1, 60 Stat. 119, 120).

Section consolidates section 526 and a portion of 527, both of

title 28, U.S.C., 1940 ed., with provisions of sections 27, 66,

80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c-5, 403h-5,

404c-5 and 408m of title 16, U.S.C., 1940 ed., and provisions of

section 863 of title 48, U.S.C., 1940 ed., Territories and Insular

Possessions, relating to appointment of United States

commissioners. For other provisions of said sections see

Distribution Table.

Some of the provisions of section 863 of title 48, U.S.C., 1940

ed., Territories and Insular Possessions were retained in that

title.

The provision of sections 395e, 403c-5, 404c-5, and 408m of title

16, U.S.C., 1940 ed., for appointment of the Park Commissioner in

the Hawaii National Park, Shenandoah National Park, Great Smoky

Mountains National Park, Mammoth Cave National Park and Isle Royale

National Park upon "the recommendation of the Secretary of the

Interior" was omitted as inconsistent not only with other

provisions of this title but with other statutes applicable to

other national parks.

All such park commissioners are United States commissioners and

the revision of these sections makes possible uniformity and

consistency in administrative matters concerning such

commissioners. (See, also, sections 604 and 634 of this title.)

Words "the Director of the Administrative Office of the United

States Courts" were substituted for "Attorney General" in section

526 of title 28, U.S.C., 1940 ed., in view of the general

supervision by the Director over clerks and commissioners under

section 601 et seq. of this title.

See, also, section 751 of this title prohibiting clerks from

receiving compensation in another capacity.

First sentence of subsection (b) was substituted for the

provision in section 527 of title 28, U.S.C., 1940 ed., prohibiting

specified persons from acting as commissioners.

Words "at such places in the district as may be designated by the

district court," in section 526 of title 28, U.S.C., 1940 ed., were

omitted as unnecessary.

A provision in section 526 of title 28, U.S.C., 1940 ed., that

commissioners should have the same powers and duties as are

conferred and imposed by law, was omitted as superfluous.

The phrase in sections 526 and 527 of title 16, U.S.C., 1940 ed.,

"except as provided in section 591" and section 591, the effect of

which was to except Alaska from this section, were omitted as

unnecessary. This revised section by its terms limits the section

and chapter 43 of this title to commissioners appointed by a

"district court," which includes the courts enumerated in chapter 5

of this title but not those of Alaska, Canal Zone, or Virgin

Islands.

Sections from title 16, U.S.C., 1940 ed., contained no tenure

provisions.

Changes in phraseology were made.

Prior residence requirement for national park commissioners in

section 635. - Based on sections 1a and 403c-9 of title 16, U.S.C.,

1940 ed., Conservation (Aug. 19, 1937, ch. 703, Sec. 8, 50 Stat.

702; June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213).

Section consolidates section 1a with part of section 403c-9 of

title 16, U.S.C., 1940 ed., relating to residence of a national

park commissioner.

The provisions of sections 1a and 403c-9 of title 16, U.S.C.,

1940 ed., relating to designation by the Secretary of the Interior

of some place of residence reasonably adjacent to the park was

modified by making such designation subject to the approval of the

appointing court.

SENATE REVISION AMENDMENT

By Senate amendment, "Big Bend" and "Crater Lake" were inserted

in subsection (a) of this section, and section 158a of title 16,

U.S.C., which was derived from act May 15, 1947, ch. 55, Sec. 1, 61

Stat. 91, accordingly became an additional source of this section,

such Act being included in the schedule of repeals. See 80th

Congress Senate Report No. 1559.

As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, which

amended section 403c-5 of title 16, U.S.C., became an additional

source of this section and was accordingly included in the schedule

of repeals by Senate amendment. See 80th Congress Senate Report No.

1559.

1949 ACT

This amendment conforms the language of section 631(b) to the

provisions of section 35 of the Bankruptcy Act, as amended by the

act of June 28, 1946 (Sec. 3, 60 Stat. 324), that full-time

referees in bankruptcy may not be appointed United States

Commissioners.

This amendment also removes an ambiguity from section 631(b) by

making it clear that the Director of the Administrative Office of

the United States Courts has power to establish maximum limits of

compensation to be received for performing the combined offices of

commissioner and clerk or deputy clerk. This was the intent of

sections 631 and 751 of title 28. (See the fifteenth paragraph of

the reviser's note to the latter section, H. Rept. No. 308, April

25, 1947, p. A90, to accompany H.R. 3214, 80th Cong.)

-REFTEXT-

REFERENCES IN TEXT

Subsections (j) and (k) of this section, referred to in subsec.

(e), probably mean subsecs. (j) and (k) prior to amendment by Pub.

L. 103-353, Sec. 2(c)(1), (2), Oct. 13, 1994, 108 Stat. 3169, which

redesignated subsec. (k) as (j) and struck out former subsec. (j).

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-518, Sec. 201(1), substituted

"The judges of each United States district court and the district

courts of the Virgin Islands, Guam, and the Northern Mariana

Islands shall appoint United States magistrate judges in such

numbers and to serve at such locations within the judicial

districts as the Judicial Conference may determine under this

chapter. In the case of a magistrate judge appointed by the

district court of the Virgin Islands, Guam, or the Northern Mariana

Islands, this chapter shall apply as though the court appointing

such a magistrate judge were a United States district court." for

"The judges of each United States district court and the district

court of the Virgin Islands shall appoint United States magistrate

judges in such numbers and to serve at such locations within the

judicial district as the conference may determine under this

chapter. In the case of a magistrate appointed by the district

court of the Virgin Islands, this chapter shall apply as though the

court appointing such magistrate judge were a United States

district court."

Subsec. (b)(1). Pub. L. 106-518, Sec. 201(2), inserted "the

Territory of Guam, the Commonwealth of the Northern Mariana

Islands," after "Commonwealth of Puerto Rico,".

1994 - Subsec. (j). Pub. L. 103-353, Sec. 2(c), redesignated

subsec. (k) as (j), substituted "chapter 43 of title 38" for "the

terms of subsection (i) of this section", and struck out former

subsec. (j) which related to uncompensated leave of absence for

magistrate inducted into the Armed Forces and reinstatement as

magistrate in regular service.

Subsecs. (k), (l). Pub. L. 103-353, Sec. 2(c)(2), redesignated

subsecs. (k) and (l) as (j) and (k), respectively.

1990 - Subsec. (f). Pub. L. 101-650 substituted "180" for "60".

1989 - Subsec. (b)(1). Pub. L. 101-45 struck out "and he is a

member in good standing of the bar of the highest court of the

State in which he is to serve, or, in the case of an individual

appointed to serve -

"(A) in the District of Columbia, a member in good standing of

the bar of the United States district court for the District of

Columbia; or

"(B) in the Commonwealth of Puerto Rico, a member in good

standing of the bar of the Supreme Court of Puerto Rico, and in

the Virgin Islands of the United States, a member in good

standing of the bar of the district court of the Virgin Islands;"

after "Virgin Islands of the United States," and struck out "the

first sentence of" before "this paragraph".

1988 - Subsec. (e). Pub. L. 100-659 substituted "(k)" for "(j)"

in introductory text, "(j)" for "(i)" in par. (3), and "(i)" for

"(h)" in par. (5).

Subsec. (l). Pub. L. 100-702 added subsec. (l).

1986 - Subsec. (d). Pub. L. 99-651 substituted "Except as

otherwise provided in sections 375 and 636(h) of this title, no"

for "No", and "a majority" for "the unanimous", and inserted "which

is taken upon the magistrate's attaining age seventy and upon each

subsequent anniversary thereof," after "courts,".

1982 - Subsec. (b)(1). Pub. L. 97-230 substituted "He has been

for at least five years a member in good standing of the bar of the

highest court of a State, the District of Columbia, the

Commonwealth of Puerto Rico, or the Virgin Islands of the United

States, and he is a member" for "He is, and has been for at least

five years, a member".

1979 - Subsec. (a). Pub. L. 96-82, Sec. 3(a), substituted "Where

the conference deems it desirable, a magistrate may be designated

to serve in one or more districts adjoining the district for which

he is appointed" and "Such a designation shall be made by the

concurrence of a majority of the judges of each of the district

courts involved and shall specify the duties to be performed by the

magistrate in the adjoining district or districts" for "Where an

area under the administration of the National Park Service, or the

United States Fish and Wildlife Service, or any other Federal

agency, extends into two or more judicial districts and it is

deemed desirable by the conference that the territorial

jurisdiction of a magistrate's appointment include the entirety of

such area, the appointment or reappointment shall be made by the

concurrence of a majority of all judges of the district courts of

the judicial districts involved, and where there is no such

concurrence by the concurrence of the chief judges of such district

courts".

Subsec. (b). Pub. L. 96-82, Sec. 3(b), substituted "appointed or

reappointed to serve" for "appointed or serve" in provisions

preceding par. (1), inserted ", and has been for at least 5 years,"

after "He is" in provisions of par. (1) preceding subpar. (A),

struck out subpar. (C) relating to service by members an good

standing of the bar of the highest court of one of the two or more

States where the area involved is under the administration of the

National Park Service, the United States Fish and Wildlife Service,

or any other Federal agency that extends to two or more States.

Subsec. (b)(5). Pub. L. 96-82, Sec. 3(c), added par. (5).

Subsec. (f). Pub. L. 96-82, Sec. 3(d)(2), added subsec. (f).

Former subsec. (f) redesignated (g).

Subsecs. (g) to (k). Pub. L. 96-82, Sec. 3(d)(1), redesignated

former subsecs. (f) to (j) as (g) to (k), respectively.

1978 - Subsec. (c). Pub. L. 95-598 directed the amendment of

subsec. (c) by substituting "of the conference," for "of the

conference, a part-time referee in bankruptcy or" and "magistrate

and" for "magistrate and part-time referee in bankruptcy,", which

amendment did not become effective pursuant to section 402(b) of

Pub. L. 95-598, as amended, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

1976 - Subsec. (a). Pub. L. 94-520, Sec. 2(1), (2), inserted "and

the district court of the Virgin Islands" after "United States

district court", and provided that in the case of a magistrate

appointed by the district court of the Virgin Islands, this chapter

was to apply as though the appointing court were a United States

District Court.

Subsec. (b). Pub. L. 94-520, Sec. 2(3), provided that a

magistrate appointed under this chapter to serve in the Virgin

Islands, must be a member in good standing of the bar of the

district court of the Virgin Islands.

1968 - Pub. L. 90-578 revised provisions of this section

generally as described for subsecs. (a) to (j) hereunder,

substituting provisions for appointment and tenure of magistrates

for appointment and tenure of commissioners.

Subsec. (a). Pub. L. 90-578 provided for determination of number

of appointees by the conference, rather than by the district court,

authorized the determination of location of service, omitted as

superseded by existing provisions prior provisions for appointments

for certain specified national parks, required appointments in a

district court with more than one judge to be concurred in by

majority of all the judges, and by the chief judge in absence of

such concurrence, required such concurrence of judges of district

courts or concurrence of chief judges in absence of such

concurrence by the judges where appointments are for an area under

administration of the National Park Service, or the United States

Fish and Wildlife Service, or any other Federal agency, which

extends into more than one judicial district which should be served

in its entirety by one magistrate, and omitted last par.

prescribing appointment record and notice. See subsec. (g) of this

section.

Subsec. (b). Pub. L. 90-578 added subsec. (b). Prior provisions

which were eliminated prohibited holding dual offices when the

person held a civil or military office or employment under the

United States or was employed by a Federal justice or judge, but

such restriction was made inapplicable to a part-time referee in

bankruptcy, or to a clerk or deputy clerk of a Federal court when

approved by the Director and compensated in an aggregate amount

fixed by the Director for performance of dual duties. See subsec.

(c) of this section.

Subsec. (c). Pub. L. 90-578 incorporated provisions of former

subsec. (b) of this section in provisions designated as subsec.

(c), omitted express restriction against holding dual offices when

employed by a Federal justice or judge, provided for approval of

the conference with respect to part-time service as a magistrate of

part-time referee in bankruptcy or clerk or deputy clerk of a

Federal court, formerly requiring approval of the Director as to

service of clerk or deputy clerk of court as a commissioner, made

former provisions as to aggregate amount of compensation for

service as clerk or deputy clerk of court and commissioner

applicable to part-time service as magistrate of part-time referee

in bankruptcy, clerk and deputy clerk of court, and authorized

appointment of retired military personnel, except National Guard

disbursing officers who are on a full-time salary basis, as United

States magistrates. Former subsec. (c) which provided for a four

year term of office of commissioner unless sooner removed by the

district court. See subsecs. (e) and (h) of this section.

Subsec. (d). Pub. L. 90-578 added subsec. (d).

Subsec. (e). Pub. L. 90-578 substituted provisions designated as

subsec. (e) for term of office of eight and four years for

full-time and part-time officers and for expiration of term of

office for provisions of former subsec. (c) of this section for

term of four years unless sooner removed by the district court.

Subsec. (f). Pub. L. 90-578 added subsec. (f).

Subsec. (g). Pub. L. 90-578 incorporated provisions of last par.

of former subsec. (a) of this section in provisions designated as

subsec. (g) and provided expressly for appointment by a judge or

judges of a district court.

Subsecs. (h) to (j). Pub. L. 90-578 added subsecs. (h) to (j).

1956 - Subsec. (a). Act July 25, 1956, provided for two United

States Commissioners for the Cumberland Gap National Historical

Park.

1952 - Subsec. (a). Act July 9, 1952, provided for two United

States Commissioners for the Great Smoky Mountains National Park,

in place of one.

1949 - Subsec. (b). Act May 24, 1949, amended second sentence

generally. Prior to amendment, second sentence read as follows:

"This subsection shall not apply to a referee in bankruptcy nor

shall it apply to a clerk or deputy clerk of a court of the United

States whose appointment as commissioner is approved by the

Director of the Administrative Office of the United States Courts."

-CHANGE-

CHANGE OF NAME

"United States magistrate judges", "magistrate judge", and

"magistrate judge's" substituted for "United States magistrates",

"magistrate", and "magistrate's", respectively, wherever appearing

in text pursuant to section 321 of Pub. L. 101-650, set out as a

note below.

Section 321 of Pub. L. 101-650 provided that: "After the

enactment of this Act [Dec. 1, 1990], each United States magistrate

appointed under section 631 of title 28, United States Code, shall

be known as a United States magistrate judge, and any reference to

any United States magistrate or magistrate that is contained in

title 28, United States Code, in any other Federal statute, or in

any regulation of any department or agency of the United States in

the executive branch that was issued before the enactment of this

Act, shall be deemed to refer to a United States magistrate judge

appointed under section 631 of title 28, United States Code."

-MISC3-

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-353 effective with respect to

reemployments initiated on or after the first day after the 60-day

period beginning Oct. 13, 1994, with transition rules, see section

8 of Pub. L. 103-353, set out as an Effective Date note under

section 4301 of Title 38, Veterans' Benefits.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and

applicable to bankruptcy judges and magistrate judges who retire on

or after Nov. 15, 1988, with exception for judges and magistrate

judges retiring on or after July 31, 1987, see section 9 of Pub. L.

100-659, as amended, set out as an Effective Date note under

section 377 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section

203 of Pub. L. 99-651, set out as a note under section 155 of this

title.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 3(g) of Pub. L. 96-82 provided that: "The amendment made

by subsection (c) of this section [amending this section] shall not

take effect until 30 days after the meeting of the Judicial

Conference of the United States next following the effective date

of this Act [Oct. 10, 1979]." [The meeting of the Judicial

Conference took place on Mar. 5 and 6, 1980.]

EFFECTIVE DATE OF 1968 AMENDMENT

Section 403 of Pub. L. 90-578 provided that: "Except as otherwise

provided by sections 401 and 402 of this title [set out as

Appointment of Magistrates and Applicable Law notes below], this

Act [amending this chapter and sections 202, 3006A, 3041, 3043,

3045, 3060, 3102, 3116, 3184, 3191, 3195, 3401, 3402, 3569, and

3771 of Title 18, Crimes and Criminal Procedure, and enacting

provisions set out as notes under this section] shall take effect

on the date of its enactment [Oct. 17, 1968]."

SHORT TITLE OF 1979 AMENDMENT

Section 1 of Pub. L. 96-82 provided: "That this Act [amending

this section, sections 604, 633, 634, 635, 636, and 1915 of this

title, and section 3401 of Title 18, Crimes and Criminal Procedure,

and enacting provisions set out as notes under this section] may be

cited as the 'Federal Magistrate Act of 1979'."

SHORT TITLE

Section 1 of Pub. L. 90-578 provided: "That this Act [amending

this chapter and sections 202, 3006A, 3041, 3043, 3045, 3060, 3102,

3116, 3184, 3191, 3195, 3401, 3402, 3569, and 3771 of Title 18,

Crimes and Criminal Procedure, and enacting provisions set out as

notes under this section] may be cited as the 'Federal Magistrates

Act'."

SEPARABILITY

Section 501 of Pub. L. 90-578 provided that: "If any provision of

this Act [amending this chapter and sections 202, 3006A, 3041,

3043, 3045, 3060, 3102, 3116, 3184, 3191, 3195, 3401, 3402, 3569,

and 3771 of Title 18, Crimes and Criminal Procedure, and enacting

provisions set out as notes under this section] or the application

thereof to any person or circumstances is held invalid, the

validity of the remainder of the Act and of its application to

other persons and circumstances shall not be affected."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC4-

DUE CONSIDERATION BY MERIT SELECTION PANELS OF WOMEN, BLACKS,

HISPANICS, AND OTHER MINORITIES

Section 3(e) of Pub. L. 96-82 provided that: "The merit selection

panels established under section 631(b)(5) of title 28, United

States Code, in recommending persons to the district court, shall

give due consideration to all qualified individuals, especially

such groups as women, blacks, Hispanics, and other minorities."

MAGISTRATES SERVING PRIOR TO PROMULGATION OF MAGISTRATE SELECTION

STANDARDS AND PROCEDURES BY JUDICIAL CONFERENCE; REAPPOINTMENT;

CERTIFICATION AS QUALIFIED

Section 3(f) of Pub. L. 96-82 provided that magistrates serving

prior to the promulgation of magistrate selection standards and

procedures by the Judicial Conference of the United States could

only exercise the jurisdiction conferred under section 636(c) of

this title after having been reappointed under such standards and

procedures or after having been certified as qualified to exercise

such jurisdiction by the judicial council of the circuit in which

the magistrate served.

JUDICIAL CONFERENCE STUDY OF THE FUTURE OF THE MAGISTRATE SYSTEM

Section 9 of Pub. L. 96-82 provided for a study by the Judicial

Conference of the United States to begin within 90 days after the

effective date of Pub. L. 96-82, which was approved Oct. 10, 1979,

and to be completed and made available to Congress within 24 months

thereafter respecting the future of the magistrate system.

AUTHORIZATION OF APPROPRIATIONS

Section 10 of Pub. L. 96-82 provided that: "Such sums as may be

necessary to carry out the purposes of this Act [see Short Title of

1979 Amendment note above] are hereby authorized to be appropriated

for expenditure on or after October 1, 1979."

APPOINTMENT OF MAGISTRATES

Section 401 of Pub. L. 90-578 provided that:

"(a) No individual may serve as a United States commissioner

within any judicial district after the date on which a United

States magistrate [now United States magistrate judge] assumes

office in such judicial district.

"(b) An individual serving as a United States commissioner within

any judicial district on the date of enactment of this Act [Oct.

17, 1968] who is a member in good standing of the bar of the

highest court of any State may be appointed to the office of United

States magistrate for an initial term, and may be reappointed to

such office for successive terms, notwithstanding his failure to

meet the bar membership qualification imposed by section 631(b)(1)

of chapter 43, title 28, United States Code: Provided, however,

That any appointment or reappointment of such an individual must be

by unanimous vote of all the judges of the appointing district

court or courts."

APPLICABLE LAW

Section 402 of Pub. L. 90-578 provided that:

"(a) All provisions of law relating to the powers, duties,

jurisdiction, functions, service, compensation, and facilities of

United States commissioners, as such provisions existed on the day

preceding the date of enactment of this Act [Oct. 17, 1968], shall

continue in effect in each judicial district until but not on or

after (1) the date on which the first United States magistrate [now

United States magistrate judge] assumes office within such judicial

district pursuant to section 631 of chapter 43, title 28, United

States Code, as amended by this Act, or (2) the third anniversary

of the date of enactment of this Act [Oct. 17, 1968], whichever

date is earlier.

"(b) On and after the date on which the first United States

magistrate assumes office within any judicial district pursuant to

section 631 of chapter 43, title 28, United States Code, as amended

by this Act, or the third anniversary of the date of enactment of

this Act [Oct. 17, 1968], whichever date is earlier -

"(1) the provisions of chapter 43, title 28, United State Code,

as amended by this Act [this chapter], shall be effective within

such judicial district except as otherwise specifically provided

by section 401(b) of this title [set out as Appointment of

Magistrates note above]; and

"(2) within such judicial district every reference to a United

States commissioner contained in any previously enacted statute

of the United States (other than sections 8331(1)(E), 8332(i),

8701(a)(7), and 8901(1)(G) of title 5), any previously

promulgated rule of any court of the United States, or any

previously promulgated regulation of any executive department or

agency of the United States, shall be deemed to be a reference to

a United States magistrate duly appointed under section 631 of

chapter 43, title 28, United States Code, as amended by this Act.

"(c) The administrative powers and duties of the Director of the

Administrative Office of the United States Courts with respect to

United States commissioners under the provisions of chapter 41,

title 28, United States Code, as such provisions existed on the day

preceding the date of enactment of this Act [Oct. 17, 1968], shall

continue in effect until no United States commissioner remains in

service."

SPECIAL COMMISSIONER FOR GRAND CANYON NATIONAL PARK; APPOINTMENT;

JURISDICTION; COMPENSATION

Pub. L. 86-258, Sept. 14, 1959, 73 Stat. 546, required the United

States District Court for the District of Arizona to appoint a

special commissioner for the Grand Canyon National Park, Arizona,

and provided for the term, jurisdiction, and salary of the

commissioner.

JURISDICTIONAL LIMITATION OF COMMISSIONER HOLDING OFFICE ON JULY 9,

1952

Section 2 of act July 9, 1952, provided that the jurisdiction of

the United States commissioner for the Great Smoky Mountains

National Park on July 9, 1952, would be limited to the portion of

the park situated in North Carolina.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 354, 372, 377, 604, 636,

751 of this title; title 5 section 8331.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

28 USC Sec. 632 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

Sec. 632. Character of service

-STATUTE-

(a) Full-time United States magistrate judges may not engage in

the practice of law, and may not engage in any other business,

occupation, or employment inconsistent with the expeditious,

proper, and impartial performance of their duties as judicial

officers.

(b) Part-time United States magistrate judges shall render such

service as judicial officers as is required by law. While so

serving they may engage in the practice of law, but may not serve

as counsel in any criminal action in any court of the United

States, nor act in any capacity that is, under such regulations as

the conference may establish, inconsistent with the proper

discharge of their office. Within such restrictions, they may

engage in any other business, occupation, or employment which is

not inconsistent with the expeditious, proper, and impartial

performance of their duties as judicial officers.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 916; Pub. L. 90-578, title I,

Sec. 101, Oct. 17, 1968, 82 Stat. 1110; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-578 substituted provisions as to character of

service of full-time and part-time United States magistrates for

former provisions prescribing jurisdiction and powers of national

park commissioners and practice and procedure before such officers.

See section 636 of this title.

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" substituted for "United States

magistrates" wherever appearing in text pursuant to section 321 of

Pub. L. 101-650, set out as a note under section 631 of this title.

-MISC2-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates [now

United States magistrate judges] and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of this title.

-End-

-CITE-

28 USC Sec. 633 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

Sec. 633. Determination of number, locations, and salaries of

magistrate judges

-STATUTE-

(a) Surveys by the Director. -

(1) The Director shall, within one year immediately following the

date of the enactment of the Federal Magistrates Act, make a

careful survey of conditions in judicial districts to determine (A)

the number of appointments of full-time magistrates and part-time

magistrates required to be made under this chapter to provide for

the expeditious and effective administration of justice, (B) the

locations at which such officers shall serve, and (C) their

respective salaries under section 634 of this title. Thereafter,

the Director shall, from time to time, make such surveys, general

or local, as the conference shall deem expedient.

(2) In the course of any survey, the Director shall take into

account local conditions in each judicial district, including the

areas and the populations to be served, the transportation and

communications facilities available, the amount and distribution of

business of the type expected to arise before officers appointed

under this chapter (including such matters as may be assigned under

section 636(b) of this chapter), and any other material factors.

The Director shall give consideration to suggestions from any

interested parties, including district judges, United States

magistrate judges or officers appointed under this chapter, United

States attorneys, bar associations, and other parties having

relevant experience or information.

(3) The surveys shall be made with a view toward creating and

maintaining a system of full-time United States magistrate judges.

However, should the Director find, as a result of any such surveys,

areas in which the employment of a full-time magistrate judge would

not be feasible or desirable, he shall recommend the appointment of

part-time United States magistrate judges in such numbers and at

such locations as may be required to permit prompt and efficient

issuance of process and to permit individuals charged with criminal

offenses against the United States to be brought before a judicial

officer of the United States promptly after arrest.

(b) Determination by the Conference. - Upon the completion of the

initial surveys required by subsection (a) of this section, the

Director shall report to the district courts, the councils, and the

conference his recommendations concerning the number of full-time

magistrates and part-time magistrates, their respective locations,

and the amount of their respective salaries under section 634 of

this title. The district courts shall advise their respective

councils, stating their recommendations and the reasons therefor;

the councils shall advise the conference, stating their

recommendations and the reasons therefor, and shall also report to

the conference the recommendations of the district courts. The

conference shall determine, in the light of the recommendations of

the Director, the district courts, and the councils, the number of

full-time United States magistrates and part-time United States

magistrates, the locations at which they shall serve, and their

respective salaries. Such determinations shall take effect in each

judicial district at such time as the district court for such

judicial district shall determine, but in no event later than one

year after they are promulgated.

(c) Changes in Number, Locations, and Salaries. - Except as

otherwise provided in this chapter, the conference may, from time

to time, in the light of the recommendations of the Director, the

district courts, and the councils, change the number, locations,

and salaries of full-time and part-time magistrate judges, as the

expeditious administration of justice may require.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 916; Aug. 13, 1954, ch. 728, Sec.

1(a), (b), 68 Stat. 704; Pub. L. 85-276, Secs. 1, 2, Sept. 2, 1957,

71 Stat. 600; Pub. L. 90-578, title I, Sec. 101, Oct. 17, 1968, 82

Stat. 1111; Pub. L. 96-82, Sec. 4, Oct. 10, 1979, 93 Stat. 645;

Pub. L. 99-651, title II, Sec. 202(d), Nov. 14, 1986, 100 Stat.

3648; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117.)

-REFTEXT-

REFERENCES IN TEXT

Date of the enactment of the Federal Magistrates Act, referred to

in subsec. (a)(1), means Oct. 17, 1968, the date of enactment of

Pub. L. 90-578.

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-651 substituted "section 634" for

"section 643".

1979 - Subsec. (c). Pub. L. 96-82 struck out provision that

determinations of the conference changing the number, locations,

and salaries of full-time and part-time magistrates take effect

sixty days after they are promulgated.

1968 - Pub. L. 90-578 substituted provisions for determination of

number, locations, and salaries of magistrates, comprising subsecs.

(a) to (c) of this section, relating to: surveys by the Director;

determination by the conference; and changes in number, locations,

and salaries", respectively, for prior provisions for fees and

expenses of United States commissioners, prescribing in

undesignated introductory provisions a $10,500 limitation for any

one calendar year for certain enumerated services rendered, and in

former subsec. (c) for actual and necessary office expenses,

including compensation of a necessary clerical assistant, of United

States commissioners performing full time duty in office and not

engaged in practice of law, now covered in sections 634 and 635 of

this title.

1957 - Subsec. (a). Pub. L. 85-276, Sec. 1, placed in subsec. (a)

provisions of former subsec. (b) relating to limitation of

compensation of commissioners and, among other charges, increased

fees and compensation of commissioners.

Subsec. (b). Pub. L. 85-276, Sec. 2, repealed subsec. (b) which

limited compensation of commissioners.

1954 - Act Aug. 13, 1954, inserted "and expenses" after "Fees" in

section catchline.

Subsec. (c). Act Aug. 13, 1954, added subsec. (c).

-CHANGE-

CHANGE OF NAME

Words "magistrate judges" and "magistrate judge" substituted for

"magistrates" and "magistrate", respectively, in section catchline

and, except for historical references, wherever appearing in

subsecs. (a)(2), (3), and (c) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of this title.

Previously, "United States magistrates" substituted for "United

States commissioners" in subsec. (a)(2) pursuant to Pub. L. 90-578.

-MISC2-

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section

203 of Pub. L. 99-651, set out as a note under section 155 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates [now

United States magistrate judges] and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 634 of this title.

-End-

-CITE-

28 USC Sec. 634 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

Sec. 634. Compensation

-STATUTE-

(a) Officers appointed under this chapter shall receive, as full

compensation for their services, salaries to be fixed by the

conference pursuant to section 633, at rates for full-time United

States magistrate judges up to an annual rate equal to 92 percent

of the salary of a judge of the district court of the United

States, as determined pursuant to section 135, and at rates for

part-time magistrate judges of not less than an annual salary of

$100, nor more than one-half the maximum salary payable to a

full-time magistrate judge. In fixing the amount of salary to be

paid to any officer appointed under this chapter, consideration

shall be given to the average number and the nature of matters that

have arisen during the immediately preceding period of five years,

and that may be expected thereafter to arise, over which such

officer would have jurisdiction and to such other factors as may be

material. Disbursement of salaries shall be made by or pursuant to

the order of the Director.

(b) Except as provided by section 8344, title 5, relating to

reductions of the salaries of reemployed annuitants under

subchapter III of chapter 83 of such title and unless the office

has been terminated as provided in this chapter, the salary of a

full-time United States magistrate judge shall not be reduced,

during the term in which he is serving, below the salary fixed for

him at the beginning of that term.

(c) All United States magistrate judges, effective upon their

taking the oath or affirmation of office, and all necessary legal,

clerical, and secretarial assistants employed in the offices of

full-time United States magistrate judges shall be deemed to be

officers and employees in the judicial branch of the United States

Government within the meaning of subchapter III (relating to civil

service retirement) of chapter 83, chapter 87 (relating to Federal

employees' group life insurance), and chapter 89 (relating to

Federal employees' health benefits program) of title 5. Part-time

magistrate judges shall not be excluded from coverage under these

chapters solely for lack of a prearranged regular tour of duty. A

legal assistant appointed under this section shall be exempt from

the provisions of subchapter I of chapter 63 of title 5, unless

specifically included by the appointing judge or by local rule of

court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,

Sec. 101, Oct. 17, 1968, 82 Stat. 1112; Pub. L. 92-428, Sept. 21,

1972, 86 Stat. 721; Pub. L. 94-520, Sec. 1, Oct. 17, 1976, 90 Stat.

2458; Pub. L. 95-598, title II, Sec. 232, Nov. 6, 1978, 92 Stat.

2665; Pub. L. 96-82, Sec. 8(b), Oct. 10, 1979, 93 Stat. 647; Pub.

L. 98-353, title I, Sec. 108(a), title II, Sec. 210, July 10, 1984,

98 Stat. 342, 351; Pub. L. 100-202, Sec. 101(a) [title IV, Sec.

408(b)], Dec. 22, 1987, 101 Stat. 1329, 1329-27; Pub. L. 100-702,

title X, Sec. 1003(a)(4), Nov. 19, 1988, 102 Stat. 4665; Pub. L.

101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 29, 72, 74, 80h, 103, 104, 117h, 117j, 132,

132a, 133, 175, 176, 198h, 198j, 204h, 204j, 256f, 256h, 379, 380,

395h, 395j, 403c-9, 403c-11, 403h-7, 403h-9, 404c-7, 404c-9, 408o,

and 408q of title 16, U.S.C., 1940 ed., Conservation (May 7, 1894,

ch. 72, Sec. 7, 28 Stat. 75; Apr. 17, 1900, ch. 192, Sec. 1, 31

Stat. 133; Apr. 20, 1904, ch. 1400, Secs. 9, 11, 33 Stat. 189; Mar.

2, 1907, ch. 2516, Sec. 2, 34 Stat. 1218; Mar. 3, 1911, ch. 231,

Sec. 291, 36 Stat. 1167; Aug. 22, 1914, ch. 264, Secs. 9, 11, 38

Stat. 701; June 30, 1916, ch. 197, Secs. 9, 11, 39 Stat. 246; Aug.

21, 1916, ch. 368, Secs. 9, 11, 39 Stat. 523, 524; June 2, 1920,

ch. 218, Secs. 11, 13, 41 Stat. 734; Mar. 4, 1923, ch. 295, 42

Stat. 1560; Apr. 25, 1928, ch. 434, Secs. 9, 11, 45 Stat. 461; Apr.

26, 1928, ch. 438, Secs. 9, 11, 45 Stat. 465; Mar. 2, 1929, ch.

583, Secs. 9, 11, 45 Stat. 1539; Apr. 19, 1930, ch. 200, Secs. 9,

11, 46 Stat. 229; June 25, 1935, ch. 309, Secs. 2, 3, 49 Stat. 422;

Aug. 19, 1937, ch. 703, Secs. 9, 11, 50 Stat. 702, 703; June 25,

1938, ch. 684, Sec. 2, 52 Stat. 1164; June 28, 1938, ch. 778, Sec.

1, 52 Stat. 1213; Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43; Mar.

6, 1942, ch. 150, Secs. 7, 9, 56 Stat. 135; Mar. 6, 1942, ch. 151,

Secs. 7, 9, 56 Stat. 137; Apr. 29, 1942, ch. 264, Secs. 7, 9, 56

Stat. 260, 261; June 5, 1942, ch. 341, Secs. 7, 9, 56 Stat. 319;

Apr. 23, 1946, ch. 202, Sec. 4, 60 Stat. 120; June 24, 1946, ch.

463, Sec. 5, 60 Stat. 303).

Section consolidates provisions of sections 29, 72, 74, 80h, 103,

104, 117h, 117j, 132, 132a, 133, 175, 176, 198h, 198j, 204h, 204j,

256f, 256h, 379, 380, 395h, 395j, 403c-9, 403c-11, 403h-7, 403h-9,

404c-7, 404c-9, 408o and 408q of title 16, Conservation, relating

to salary and fees of park commissioners with changes in

arrangement and phraseology necessary to effect consolidation.

The provisions of some of these sections that the park

commissioner should be "paid an annual salary, as appropriated for

by Congress, payable quarterly" were rewritten upon advice of the

Judicial Conference Committee on the Revision of the Judicial Code

appointed by the Chief Justice of the United States, in order to

place administration supervision of commissioners upon the district

court and the Judicial Conference of the United States.

The provisions of some of these sections for deposit of fees,

costs, expenses, fines, and penalties with the clerk of district

court were rewritten to provide merely that he shall account for

the same as public moneys.

The provisions of some of these sections with reference to

salaries of the United States attorney and his assistants and the

United States marshal and his deputies were omitted as covered by

sections 508 [now 548] and 552 [see Prior Provisions note for that

section] of this title.

SENATE REVISION AMENDMENT

As finally enacted, section 158d of title 16, U.S.C., which was

derived from act May 15, 1947, ch. 55, Sec. 4, 61 Stat. 91, 92, was

an additional source of this section and was accordingly included

by Senate amendment in the schedule of repeals. See 80th Congress

Senate Report No. 1559.

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-702 inserted at end "A legal

assistant appointed under this section shall be exempt from the

provisions of subchapter I of chapter 63 of title 5, unless

specifically included by the appointing judge or by local rule of

court."

1987 - Subsec. (a). Pub. L. 100-202 amended first sentence

generally. Prior to amendment, first sentence read as follows:

"Officers appointed under this chapter shall receive as full

compensation for their services salaries to be fixed by the

conference pursuant to section 633 of this title, at rates for

full-time and part-time United States magistrates not to exceed

rates determined under section 225 of the Federal Salary Act of

1967 (2 U.S.C. 351-361) as adjusted by section 461 of this title

except that the salary of a part-time United States magistrate

shall not be less than $100 nor more than one-half the maximum

salary payable to a full-time magistrate."

1984 - Subsec. (a). Pub. L. 98-353, Sec. 108(a), substituted

"rates determined under section 225 of the Federal Salary Act of

1967 (2 U.S.C. 351-361) as adjusted by section 461 of this title"

for "the rates now or hereafter provided for full-time and

part-time referees in bankruptcy, respectively, referred to in

section 40a of the Bankruptcy Act (11 U.S.C. 68(a)), as amended,".

Subsec. (c). Pub. L. 98-353, Sec. 210, substituted "subchapter

III" for "subsection III".

1979 - Subsec. (c). Pub. L. 96-82 inserted reference to legal

assistants.

1978 - Subsec. (a). Pub. L. 95-598 directed the amendment of

subsec. (a) by substituting "not to exceed $48,500 per annum,

subject to adjustment in accordance with section 225 of the Federal

Salary Act of 1967 and section 461 of this title," for "for

full-time and part-time United States magistrates not to exceed the

rates now or hereafter provided for full-time and part-time

referees in bankruptcy, respectively, referred to in section 40a of

the Bankruptcy Act (11 U.S.C. 68(a)), as amended,", which amendment

did not become effective pursuant to section 402(b) of Pub. L.

95-598, as amended, set out as an Effective Date note preceding

section 101 of Title 11, Bankruptcy.

1976 - Subsec. (a). Pub. L. 94-520 substituted provision fixing

the maximum annual salary of a part-time magistrate appointed under

this chapter at one-half the maximum salary payable to a full-time

magistrate for a former provision that fixed such annual salaries

at $15,000 per year and provided that the salary of a full-time

magistrate was not to exceed 75% of the annual salary of a United

States District Court judge.

1972 - Subsec. (a). Pub. L. 92-428 substituted limits of

compensation for full-time and part-time United States magistrates

at rates not exceeding those of full-time and part-time referees in

bankruptcy, with exceptions that the salary of a part-time United

States magistrate shall not be less than $100 nor more than $15,000

per annum and that the salary of a full-time United States

magistrate shall not exceed 75 per cent of the salary of a judge of

a district court of the United States, for provisions fixing

maximum limits for full-time and part-time United States

magistrates at $22,500 and $11,000, respectively, and minimum limit

for part-time United States magistrates at $100 per annum.

1968 - Pub. L. 90-578 substituted provisions for compensation of

United States magistrates, comprising subsecs. (a) to (c) of this

section and relating to: limitation on amount of compensation and

consideration of certain factors for its determination; reduction

of salaries of full-time magistrates; and consideration as judicial

branch officers and employees of United States magistrates and

necessary clerical and secretarial assistants, for prior provisions

for salaries of park commissioners and disposition of fees, fines,

and costs collected as public moneys.

-CHANGE-

CHANGE OF NAME

Words "magistrate judges" and "magistrate judge" substituted for

"magistrates" and "magistrate", respectively, wherever appearing in

text pursuant to section 321 of Pub. L. 101-650, set out as a note

under section 631 of this title.

-MISC2-

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-202 effective Oct. 1, 1988, and any

salary affected by the amendment to be adjusted at beginning of

first applicable pay period commencing on or after such date, see

section 101(a) [title IV, Sec. 408(d)] of Pub. L. 100-202, set out

as a note under section 153 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 108(a) of Pub. L. 98-353 effective July 10,

1984, see section 122(a) of Pub. L. 98-353, set out as an Effective

Date note under section 151 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates [now

United States magistrate judges] and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of this title.

SALARY INCREASES

1987 - Maximum salaries of U.S. magistrates (full-time) and U.S.

magistrates (part-time) increased respectively to $72,500 and

$36,200 per annum, on recommendation of the President of the United

States, see note set out under section 358 of Title 2, The

Congress.

CONTINUATION OF MAXIMUM RATES OF SALARY OF FULL-TIME AND PART-TIME

UNITED STATES MAGISTRATES IN EFFECT ON JUNE 27, 1984

Section 108(b) of Pub. L. 98-353 provided that: "The maximum

rates for salary of full-time and part-time United States

magistrates [now United States magistrate judges] in effect on June

27, 1984, shall remain in effect until changed as a result of a

determination made under section 634(a) of title 28, United States

Code, as amended by this Act."

[Section 108(b) of Pub. L. 98-353 effective June 27, 1984, see

section 122(c) of Pub. L. 98-353, set out as an Effective Date note

under section 151 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 633 of this title.

-End-

-CITE-

28 USC Sec. 635 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

Sec. 635. Expenses

-STATUTE-

(a) Full-time United States magistrate judges serving under this

chapter shall be allowed their actual and necessary expenses

incurred in the performance of their duties, including the

compensation of such legal assistants as the Judicial Conference,

on the basis of the recommendations of the judicial councils of the

circuits, considers necessary, and the compensation of necessary

clerical and secretarial assistance. Such expenses and compensation

shall be determined and paid by the Director under such regulations

as the Director shall prescribe with the approval of the

conference. The Administrator of General Services shall provide

such magistrate judges with necessary courtrooms, office space,

furniture and facilities within United States courthouses or office

buildings owned or occupied by departments or agencies of the

United States, or should suitable courtroom and office space not be

available within any such courthouse or office building, the

Administrator of General Services, at the request of the Director,

shall procure and pay for suitable courtroom and office space,

furniture and facilities for such magistrate judge in another

building, but only if such request has been approved as necessary

by the judicial council of the appropriate circuit.

(b) Under such regulations as the Director shall prescribe with

the approval of the conference, the Director shall reimburse

part-time magistrate judges for actual expenses necessarily

incurred by them in the performance of their duties under this

chapter. Such reimbursement may be made, at rates not exceeding

those prescribed by such regulations, for expenses incurred by such

part-time magistrate judges for clerical and secretarial

assistance, stationery, telephone and other communications

services, travel, and such other expenses as may be determined to

be necessary for the proper performance of the duties of such

officers: Provided, however, That no reimbursement shall be made

for all or any portion of the expense incurred by such part-time

magistrate judges for the procurement of office space.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,

Sec. 101, Oct. 17, 1968, 82 Stat. 1112; Pub. L. 96-82, Sec. 8(a),

Oct. 10, 1979, 93 Stat. 646; Pub. L. 101-650, title III, Sec. 321,

Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Prior section 663. - Based on title 28, U.S.C., 1940 ed., Secs.

597, 597a, 597b, 597c (May 28, 1896, ch. 252, Secs. 21, 24, 29

Stat. 184, 186; Aug. 1, 1946, ch. 721, Secs. 1-4, 60 Stat. 752,

753).

The provision of section 597c of title 28, U.S.C., 1940 ed.,

excepting commissioners in the Territory of Alaska was omitted as

unnecessary since this exception is implicit in the revised

section. The words "in each judicial district" limit the section to

the commissioners in the districts enumerated in chapter 5 which

includes Hawaii, Puerto Rico, and District of Columbia but omits

Alaska, Canal Zone, [Guam] and Virgin Islands.

Salaries of park commissioners are provided by section 634 of

this title.

Changes were made in phraseology.

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-82 inserted reference to the

compensation of such legal assistants as the Judicial Conference,

on the basis of the recommendations of the judicial councils of the

circuits, considers necessary.

1968 - Pub. L. 90-578 substituted provisions relating to expenses

for provisions prescribing residence for park commissioners. See

section 631(b)(3) of this title.

-CHANGE-

CHANGE OF NAME

Words "magistrate judges" and "magistrate judge" substituted for

"magistrates" and "magistrate", respectively, wherever appearing in

text pursuant to section 321 of Pub. L. 101-650, set out as a note

under section 631 of this title.

-MISC2-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates [now

United States magistrate judges] and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 636 of this title.

-End-

-CITE-

28 USC Sec. 636 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

Sec. 636. Jurisdiction, powers, and temporary assignment

-STATUTE-

(a) Each United States magistrate judge serving under this

chapter shall have within the territorial jurisdiction prescribed

by his appointment -

(1) all powers and duties conferred or imposed upon United

States commissioners by law or by the Rules of Criminal Procedure

for the United States District Courts;

(2) the power to administer oaths and affirmations, issue

orders pursuant to section 3142 of title 18 concerning release or

detention of persons pending trial, and take acknowledgements,

affidavits, and depositions;

(3) the power to conduct trials under section 3401, title 18,

United States Code, in conformity with and subject to the

limitations of that section;

(4) the power to enter a sentence for a petty offense; and

(5) the power to enter a sentence for a class A misdemeanor in

a case in which the parties have consented.

(b)(1) Notwithstanding any provision of law to the contrary -

(A) a judge may designate a magistrate judge to hear and

determine any pretrial matter pending before the court, except a

motion for injunctive relief, for judgment on the pleadings, for

summary judgment, to dismiss or quash an indictment or

information made by the defendant, to suppress evidence in a

criminal case, to dismiss or to permit maintenance of a class

action, to dismiss for failure to state a claim upon which relief

can be granted, and to involuntarily dismiss an action. A judge

of the court may reconsider any pretrial matter under this

subparagraph (A) where it has been shown that the magistrate

judge's order is clearly erroneous or contrary to law.

(B) a judge may also designate a magistrate judge to conduct

hearings, including evidentiary hearings, and to submit to a

judge of the court proposed findings of fact and recommendations

for the disposition, by a judge of the court, of any motion

excepted in subparagraph (A), of applications for posttrial (!1)

relief made by individuals convicted of criminal offenses and of

prisoner petitions challenging conditions of confinement.

(C) the magistrate judge shall file his proposed findings and

recommendations under subparagraph (B) with the court and a copy

shall forthwith be mailed to all parties.

Within ten days after being served with a copy, any party may serve

and file written objections to such proposed findings and

recommendations as provided by rules of court. A judge of the court

shall make a de novo determination of those portions of the report

or specified proposed findings or recommendations to which

objection is made. A judge of the court may accept, reject, or

modify, in whole or in part, the findings or recommendations made

by the magistrate judge. The judge may also receive further

evidence or recommit the matter to the magistrate judge with

instructions.

(2) A judge may designate a magistrate judge to serve as a

special master pursuant to the applicable provisions of this title

and the Federal Rules of Civil Procedure for the United States

district courts. A judge may designate a magistrate judge to serve

as a special master in any civil case, upon consent of the parties,

without regard to the provisions of rule 53(b) of the Federal Rules

of Civil Procedure for the United States district courts.

(3) A magistrate judge may be assigned such additional duties as

are not inconsistent with the Constitution and laws of the United

States.

(4) Each district court shall establish rules pursuant to which

the magistrate judges shall discharge their duties.

(c) Notwithstanding any provision of law to the contrary -

(1) Upon the consent of the parties, a full-time United States

magistrate judge or a part-time United States magistrate judge

who serves as a full-time judicial officer may conduct any or all

proceedings in a jury or nonjury civil matter and order the entry

of judgment in the case, when specially designated to exercise

such jurisdiction by the district court or courts he serves. Upon

the consent of the parties, pursuant to their specific written

request, any other part-time magistrate judge may exercise such

jurisdiction, if such magistrate judge meets the bar membership

requirements set forth in section 631(b)(1) and the chief judge

of the district court certifies that a full-time magistrate judge

is not reasonably available in accordance with guidelines

established by the judicial council of the circuit. When there is

more than one judge of a district court, designation under this

paragraph shall be by the concurrence of a majority of all the

judges of such district court, and when there is no such

concurrence, then by the chief judge.

(2) If a magistrate judge is designated to exercise civil

jurisdiction under paragraph (1) of this subsection, the clerk of

court shall, at the time the action is filed, notify the parties

of the availability of a magistrate judge to exercise such

jurisdiction. The decision of the parties shall be communicated

to the clerk of court. Thereafter, either the district court

judge or the magistrate judge may again advise the parties of the

availability of the magistrate judge, but in so doing, shall also

advise the parties that they are free to withhold consent without

adverse substantive consequences. Rules of court for the

reference of civil matters to magistrate judges shall include

procedures to protect the voluntariness of the parties' consent.

(3) Upon entry of judgment in any case referred under paragraph

(1) of this subsection, an aggrieved party may appeal directly to

the appropriate United States court of appeals from the judgment

of the magistrate judge in the same manner as an appeal from any

other judgment of a district court. The consent of the parties

allows a magistrate judge designated to exercise civil

jurisdiction under paragraph (1) of this subsection to direct the

entry of a judgment of the district court in accordance with the

Federal Rules of Civil Procedure. Nothing in this paragraph shall

be construed as a limitation of any party's right to seek review

by the Supreme Court of the United States.

(4) The court may, for good cause shown on its own motion, or

under extraordinary circumstances shown by any party, vacate a

reference of a civil matter to a magistrate judge under this

subsection.

(5) The magistrate judge shall, subject to guidelines of the

Judicial Conference, determine whether the record taken pursuant

to this section shall be taken by electronic sound recording, by

a court reporter, or by other means.

(d) The practice and procedure for the trial of cases before

officers serving under this chapter shall conform to rules

promulgated by the Supreme Court pursuant to section 2072 of this

title.

(e) Contempt Authority. -

(1) In general. - A United States magistrate judge serving

under this chapter shall have within the territorial jurisdiction

prescribed by the appointment of such magistrate judge the power

to exercise contempt authority as set forth in this subsection.

(2) Summary criminal contempt authority. - A magistrate judge

shall have the power to punish summarily by fine or imprisonment,

or both, such contempt of the authority of such magistrate judge

constituting misbehavior of any person in the magistrate judge's

presence so as to obstruct the administration of justice. The

order of contempt shall be issued under the Federal Rules of

Criminal Procedure.

(3) Additional criminal contempt authority in civil consent and

misdemeanor cases. - In any case in which a United States

magistrate judge presides with the consent of the parties under

subsection (c) of this section, and in any misdemeanor case

proceeding before a magistrate judge under section 3401 of title

18, the magistrate judge shall have the power to punish, by fine

or imprisonment, or both, criminal contempt constituting

disobedience or resistance to the magistrate judge's lawful writ,

process, order, rule, decree, or command. Disposition of such

contempt shall be conducted upon notice and hearing under the

Federal Rules of Criminal Procedure.

(4) Civil contempt authority in civil consent and misdemeanor

cases. - In any case in which a United States magistrate judge

presides with the consent of the parties under subsection (c) of

this section, and in any misdemeanor case proceeding before a

magistrate judge under section 3401 of title 18, the magistrate

judge may exercise the civil contempt authority of the district

court. This paragraph shall not be construed to limit the

authority of a magistrate judge to order sanctions under any

other statute, the Federal Rules of Civil Procedure, or the

Federal Rules of Criminal Procedure.

(5) Criminal contempt penalties. - The sentence imposed by a

magistrate judge for any criminal contempt provided for in

paragraphs (2) and (3) shall not exceed the penalties for a Class

C misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6)

of title 18.

(6) Certification of other contempts to the district court. -

Upon the commission of any such act -

(A) in any case in which a United States magistrate judge

presides with the consent of the parties under subsection (c)

of this section, or in any misdemeanor case proceeding before a

magistrate judge under section 3401 of title 18, that may, in

the opinion of the magistrate judge, constitute a serious

criminal contempt punishable by penalties exceeding those set

forth in paragraph (5) of this subsection, or

(B) in any other case or proceeding under subsection (a) or

(b) of this section, or any other statute, where -

(i) the act committed in the magistrate judge's presence

may, in the opinion of the magistrate judge, constitute a

serious criminal contempt punishable by penalties exceeding

those set forth in paragraph (5) of this subsection,

(ii) the act that constitutes a criminal contempt occurs

outside the presence of the magistrate judge, or

(iii) the act constitutes a civil contempt,

the magistrate judge shall forthwith certify the facts to a

district judge and may serve or cause to be served, upon any

person whose behavior is brought into question under this

paragraph, an order requiring such person to appear before a

district judge upon a day certain to show cause why that person

should not be adjudged in contempt by reason of the facts so

certified. The district judge shall thereupon hear the evidence

as to the act or conduct complained of and, if it is such as to

warrant punishment, punish such person in the same manner and to

the same extent as for a contempt committed before a district

judge.

(7) Appeals of magistrate judge contempt orders. - The appeal

of an order of contempt under this subsection shall be made to

the court of appeals in cases proceeding under subsection (c) of

this section. The appeal of any other order of contempt issued

under this section shall be made to the district court.

(f) In an emergency and upon the concurrence of the chief judges

of the districts involved, a United States magistrate judge may be

temporarily assigned to perform any of the duties specified in

subsection (a), (b), or (c) of this section in a judicial district

other than the judicial district for which he has been appointed.

No magistrate judge shall perform any of such duties in a district

to which he has been temporarily assigned until an order has been

issued by the chief judge of such district specifying (1) the

emergency by reason of which he has been transferred, (2) the

duration of his assignment, and (3) the duties which he is

authorized to perform. A magistrate judge so assigned shall not be

entitled to additional compensation but shall be reimbursed for

actual and necessary expenses incurred in the performance of his

duties in accordance with section 635.

(g) A United States magistrate judge may perform the verification

function required by section 4107 of title 18, United States Code.

A magistrate judge may be assigned by a judge of any United States

district court to perform the verification required by section 4108

and the appointment of counsel authorized by section 4109 of title

18, United States Code, and may perform such functions beyond the

territorial limits of the United States. A magistrate judge

assigned such functions shall have no authority to perform any

other function within the territory of a foreign country.

(h) A United States magistrate judge who has retired may, upon

the consent of the chief judge of the district involved, be

recalled to serve as a magistrate judge in any judicial district by

the judicial council of the circuit within which such district is

located. Upon recall, a magistrate judge may receive a salary for

such service in accordance with regulations promulgated by the

Judicial Conference, subject to the restrictions on the payment of

an annuity set forth in section 377 of this title or in subchapter

III of chapter 83, and chapter 84, of title 5 which are applicable

to such magistrate judge. The requirements set forth in subsections

(a), (b)(3), and (d) of section 631, and paragraph (1) of

subsection (b) of such section to the extent such paragraph

requires membership of the bar of the location in which an

individual is to serve as a magistrate judge, shall not apply to

the recall of a retired magistrate judge under this subsection or

section 375 of this title. Any other requirement set forth in

section 631(b) shall apply to the recall of a retired magistrate

judge under this subsection or section 375 of this title unless

such retired magistrate judge met such requirement upon appointment

or reappointment as a magistrate judge under section 631.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,

Sec. 101, Oct. 17, 1968, 82 Stat. 1113; Pub. L. 92-239, Secs. 1, 2,

Mar. 1, 1972, 86 Stat. 47; Pub. L. 94-577, Sec. 1, Oct. 21, 1976,

90 Stat. 2729; Pub. L. 95-144, Sec. 2, Oct. 28, 1977, 91 Stat.

1220; Pub. L. 96-82, Sec. 2, Oct. 10, 1979, 93 Stat. 643; Pub. L.

98-473, title II, Sec. 208, Oct. 12, 1984, 98 Stat. 1986; Pub. L.

98-620, title IV, Sec. 402(29)(B), Nov. 8, 1984, 98 Stat. 3359;

Pub. L. 99-651, title II, Sec. 201(a)(2), Nov. 14, 1986, 100 Stat.

3647; Pub. L. 100-659, Sec. 4(c), Nov. 15, 1988, 102 Stat. 3918;

Pub. L. 100-690, title VII, Sec. 7322, Nov. 18, 1988, 102 Stat.

4467; Pub. L. 100-702, title IV, Sec. 404(b)(1), title X, Sec.

1014, Nov. 19, 1988, 102 Stat. 4651, 4669; Pub. L. 101-650, title

III, Secs. 308(a), 321, Dec. 1, 1990, 104 Stat. 5112, 5117; Pub. L.

104-317, title II, Secs. 201, 202(b), 207, Oct. 19, 1996, 110 Stat.

3848-3850; Pub. L. 106-518, title II, Secs. 202, 203(b), Nov. 13,

2000, 114 Stat. 2412, 2414; Pub. L. 107-273, div. B, title III,

Sec. 3002(b), Nov. 2, 2002, 116 Stat. 1805.)

-MISC1-

HISTORICAL AND REVISION NOTES

Prior jurisdiction, powers, and procedure provisions in section

632. - Based on sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172,

181b, 204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5, and

408m of title 16, U.S.C., 1940 ed., Conservation (May 7, 1894, ch.

72, Sec. 5, 28 Stat. 74; Apr. 20, 1904, ch. 1400, Sec. 6, 33 Stat.

188; Mar. 2, 1907, ch. 2516, Secs. 1, 2, 34 Stat. 1218; Mar. 3,

1911, ch. 230, 36 Stat. 1086; Mar. 3, 1911, ch. 231, Sec. 291, 36

Stat. 1167; Aug. 22, 1914, ch. 264, Sec. 6, 38 Stat. 700; June 30,

1916, ch. 197, Sec. 6, 39 Stat. 245; Aug. 21, 1916, ch. 368, Sec.

6, 39 Stat. 523; June 2, 1920, ch. 218, Secs. 7, 8, 41 Stat. 733;

Apr. 25, 1928, ch. 434, Sec. 6, 45 Stat. 460; Apr. 26, 1928, ch.

438, Sec. 6, 45 Stat. 464; Apr. 19, 1930, ch. 200, Sec. 6, 4 Stat.

228; May 2, 1932, ch. 155, Sec. 3, 47 Stat. 145; June 25, 1935, ch.

309, Sec. 1, 49 Stat. 422; Aug. 19, 1937, ch. 703, Secs. 5, 6, 50

Stat. 702; June 25, 1938, ch. 684, Sec. 1, 52 Stat. 1164; June 28,

1938, ch. 778, Sec. 1, 52 Stat. 1213; Mar. 4, 1940, ch. 40, Sec. 2,

54 Stat. 43; Mar. 6, 1942, ch. 150, Sec. 5, 56 Stat. 134; Mar. 6,

1942, ch. 151, Sec. 5, 56 Stat. 137; Apr. 29, 1942, ch. 264, Sec.

5, 56 Stat. 260; June 5, 1942, ch. 341, Sec. 5, 56 Stat. 318; Apr.

23, 1946, ch. 202, Sec. 2, 60 Stat. 120; June 24, 1946, ch. 463,

Sec. 2, 60 Stat. 303).

Section consolidates provisions of sections 27, 66, 67, 68, 80f,

100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c-5, 403c-6,

403h-5, 404c-5 and 408m of title 16, U.S.C., 1940 ed., relating to

jurisdiction and powers of park commissioners with necessary

changes in arrangement and phraseology. For other provisions of

such sections, see Distribution Table.

The provisions of sections 27, 66, 67, 68, 100, 117e, 129, 172,

181b, 204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5 and

408m of title 16, U.S.C., 1940 ed., relating to the powers of park

commissioners respecting issuance of warrants of arrest and other

process were omitted and are recommended for repeal as covered by

sections 3041 and 3141 of revised title 18 (H.R. 1600, 80th Cong.),

and Rules, 4, 5(c), and 9 of the new Federal Rules of Criminal

Procedure.

Provisions in sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b,

204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5 and 408m of

title 16, U.S.C., 1940 ed., for arrest without warrant for

violation of law or regulation within a national park were also

omitted and are recommended for repeal as covered by section 3054

of revised title 18 (H.R. 2200, 79th Cong.), Rule 4 of the Federal

Rules of Criminal Procedure and Rule 4 of the Federal Rules of

Civil Procedure.

SENATE REVISION AMENDMENT

As finally enacted, section 158b of Title 16, U.S.C., which was

derived from act May 15, 1947, ch. 55, Sec. 2, 61 Stat. 92, was an

additional source of this section, and such act was accordingly

included by Senate amendment in the schedule of repeals. No change

in the text of the section was necessary as the result of inclusion

of such section 158b. See 80th Congress Senate Report No. 1559.

As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, which

amended section 403c-5 of Title 16, U.S.C., was an additional

source of this section, and such act was accordingly included by

Senate amendment in the schedule of repeals. See 80th Congress

Senate Report No. 1559.

Prior oaths, acknowledgments, affidavits, and depositions

provisions in section 637. - Based on title 28, U.S.C., 1940 ed.,

Secs. 525, 758 (R.S. Sec. 945; May 28, 1896, ch. 252, Sec. 19, 29

Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch.

231, Sec. 291, 36 Stat. 1167).

This section consolidates part of section 525 with section 758 of

title 28, U.S.C., 1940 ed. The provision of said section 525

empowering clerks and deputy clerks to administer oaths is

incorporated in section 953 of this title. The provision of said

section 758 that acknowledgments of bail and affidavits should have

the same effect as if taken before judges was omitted as

surplusage.

The exception as to Alaska, provided in section 591 of title 28,

U.S.C., 1940 ed., and referred to in section 525 of title 28,

U.S.C., 1940 ed., was omitted as unnecessary since section 108 of

title 48, U.S.C., 1940 ed., Territories and Insular Possessions,

and section 1119 of the Compiled Laws of Alaska, 1933, give

commissioners all powers of notaries public. See also reviser's

notes to sections 631 and 633 of this title.

Word "acknowledgments" was inserted to make it clear that

commissioners, like justices of the peace, can take acknowledgments

as well as oaths, affidavits, etc.

The authority to take depositions was included to conform to

Federal Rules of Civil Procedure, Rule 28.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Rules of Criminal Procedure for the United States District

Courts, referred to in subsecs. (a)(1) and (e)(2)-(4), are set out

in the Appendix to Title 18, Crimes and Criminal Procedure.

The Federal Rules of Civil Procedure for the United States

district courts, referred to in subsecs. (b)(2), (c)(3), and

(e)(4), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (e)(2). Pub. L. 107-273, Sec. 3002(b)(1), inserted

", or both," after "fine or imprisonment".

Subsec. (e)(3). Pub. L. 107-273, Sec. 3002(b)(2), inserted "or

both," after "fine or imprisonment,".

2000 - Subsec. (a)(4), (5). Pub. L. 106-518, Sec. 203(b), added

pars. (4) and (5) and struck out former pars. (4) and (5) which

read as follows:

"(4) the power to enter a sentence for a petty offense that is a

class B misdemeanor charging a motor vehicle offense, a class C

misdemeanor, or an infraction; and

"(5) the power to enter a sentence for a class A misdemeanor, or

a class B or C misdemeanor not covered by paragraph (4), in a case

in which the parties have consented."

Subsec. (e). Pub. L. 106-518, Sec. 202, amended subsec. (e)

generally. Prior to amendment, subsec. (e) specified conduct before

a magistrate judge which constituted contempt of court and

prescribed procedure for adjudicating and punishing contempts.

1996 - Subsec. (a)(3). Pub. L. 104-317, Sec. 202(b)(1),

substituted a semicolon for ", and" at end.

Subsec. (a)(4), (5). Pub. L. 104-317, Sec. 202(b)(2), added pars.

(4) and (5) and struck out former par. (4) which read as follows:

"the power to enter a sentence for a misdemeanor or infraction with

the consent of the parties."

Subsec. (c)(3). Pub. L. 104-317, Sec. 207(1)(A), substituted "The

consent of the parties" for "In this circumstance, the consent of

the parties".

Subsec. (c)(4) to (7). Pub. L. 104-317, Sec. 207(1)(B), (C),

redesignated pars. (6) and (7) as (4) and (5) and struck out former

pars. (4) and (5) which read as follows:

"(4) Notwithstanding the provisions of paragraph (3) of this

subsection, at the time of reference to a magistrate, the parties

may further consent to appeal on the record to a judge of the

district court in the same manner as on an appeal from a judgment

of the district court to a court of appeals. Wherever possible the

local rules of the district court and the rules promulgated by the

conference shall endeavor to make such appeal inexpensive. The

district court may affirm, reverse, modify, or remand the

magistrate's judgment.

"(5) Cases in the district courts under paragraph (4) of this

subsection may be reviewed by the appropriate United States court

of appeals upon petition for leave to appeal by a party stating

specific objections to the judgment. Nothing in this paragraph

shall be construed to be a limitation on any party's right to seek

review by the Supreme Court of the United States."

Subsec. (d). Pub. L. 104-317, Sec. 207(2), struck out ", and for

the taking and hearing of appeals to the district courts," after

"officers serving under this chapter".

Subsec. (f). Pub. L. 104-317, Sec. 201, substituted "subsection

(a), (b), or (c)" for "subsection (a) or (b)" in first sentence.

1990 - Subsec. (c)(2). Pub. L. 101-650 substituted "the

availability of a magistrate to exercise" for "their right to

consent to the exercise of" in first sentence and amended third

sentence generally. Prior to amendment, third sentence read as

follows: "Thereafter, neither the district judge nor the magistrate

shall attempt to persuade or induce any party to consent to

reference of any civil matter to a magistrate."

1988 - Subsec. (a)(4). Pub. L. 100-690 added par. (4).

Subsec. (c)(7). Pub. L. 100-702, Sec. 1014, amended par. (7)

generally. Prior to amendment, par. (7) read as follows: "The

magistrate shall determine, taking into account the complexity of

the particular matter referred to the magistrate, whether the

record in the proceeding shall be taken, pursuant to section 753 of

this title, by electronic sound recording means, by a court

reporter appointed or employed by the court to take a verbatim

record by shorthand or by mechanical means, or by an employee of

the court designated by the court to take such a verbatim record.

Notwithstanding the magistrate's determination, (A) the proceeding

shall be taken down by a court reporter if any party so requests,

(B) the proceeding shall be recorded by a means other than a court

reporter if all parties so agree, and (C) no record of the

proceeding shall be made if all parties so agree. Reporters

referred to in this paragraph may be transferred for temporary

service in any district court of the judicial circuit for reporting

proceedings under this subsection, or for other reporting duties in

such court."

Subsec. (d). Pub. L. 100-702, Sec. 404(b)(1), substituted

"section 2072 of this title" for "section 3402 of title 18, United

States Code".

Subsec. (h). Pub. L. 100-659 inserted "section 377 of this title

or in" after "annuity set forth in" and "which are applicable to

such magistrate" after "title 5" in second sentence.

1986 - Subsec. (h). Pub. L. 99-651 added subsec. (h).

1984 - Subsec. (a)(2). Pub. L. 98-473 substituted "issue orders

pursuant to section 3142 of title 18 concerning release or

detention of persons pending trial" for "impose conditions of

release under section 3146 of title 18".

Subsec. (c)(4). Pub. L. 98-620 struck out "expeditious and"

before "inexpensive".

1979 - Subsec. (c). Pub. L. 96-82, Sec. 2(2), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsecs. (d) to (g). Pub. L. 96-82, Sec. 2(1), redesignated

former subsecs. (c) to (f) as (d) to (g), respectively.

1977 - Subsec. (f). Pub. L. 95-144 added subsec. (f).

1976 - Subsec. (b). Pub. L. 94-577 completely revised provisions

under which additional duties may be assigned to a United States

Magistrate by allowing, among other additional duties, the

assignment of pretrial matters, dispositive motions, and service as

a special master.

1972 - Pub. L. 92-239, Sec. 2, substituted "Jurisdiction, powers,

and temporary assignment" for "Jurisdiction and powers" in section

catchline.

Subsec. (e). Pub. L. 92-239, Sec. 1, added subsec. (e).

1968 - Pub. L. 90-578 substituted provisions declaratory of

jurisdiction and powers of United States magistrates for prior

provisions respecting rendition of accounts by United States

commissioners.

-CHANGE-

CHANGE OF NAME

Words "magistrate judge", "magistrate judge's", and "magistrate

judges" substituted for "magistrate", "magistrate's", and

"magistrates", respectively, wherever appearing in text pursuant to

section 321 of Pub. L. 101-650, set out as a note under section 631

of this title.

-MISC3-

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by section 404(b)(1) of Pub. L. 100-702 effective Dec.

1, 1988, see section 407 of Pub. L. 100-702, set out as a note

under section 2071 of this title.

Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and

applicable to bankruptcy judges and magistrate judges who retire on

or after Nov. 15, 1988, with exception for bankruptcy judges and

magistrate judges retiring on or after July 31, 1987, see section 9

of Pub. L. 100-659, as amended, set out as an Effective Date note

under section 377 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section

203 of Pub. L. 99-651, set out as a note under section 155 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates [now

United States magistrate judges] and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 374, 375, 376, 377, 631,

633 of this title; title 7 section 2149; title 19 section 1915;

title 46 sections 4311, 12309.

-FOOTNOTE-

(!1) So in original. Probably should be "post-trial".

-End-

-CITE-

28 USC Sec. 637 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

Sec. 637. Training

-STATUTE-

The Federal Judicial Center shall conduct periodic training

programs and seminars for both full-time and part-time United

States magistrate judges, including an introductory training

program for new magistrate judges, to be held within one year after

initial appointment.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,

Sec. 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-578 substituted provisions for periodic

training programs and seminars for United States magistrates for

prior authorization of United States commissioners to administer

oaths and take bail, acknowledgements, affidavits, and depositions,

now incorporated in section 636(a)(2) of this title.

-CHANGE-

CHANGE OF NAME

Words "magistrate judges" substituted for "magistrates" wherever

appearing in text pursuant to section 321 of Pub. L. 101-650, set

out as a note under section 631 of this title.

-MISC2-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates [now

United States magistrate judges] and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of this title.

-End-

-CITE-

28 USC Sec. 638 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

Sec. 638. Dockets and forms; United States Code; seals

-STATUTE-

(a) The Director shall furnish to United States magistrate judges

adequate docket books and forms prescribed by the Director. The

Director shall also furnish to each such officer a copy of the

current edition of the United States Code.

(b) All property furnished to any such officer shall remain the

property of the United States and, upon the termination of his term

of office, shall be transmitted to his successor in office or

otherwise disposed of as the Director orders.

(c) The Director shall furnish to each United States magistrate

judge appointed under this chapter an official impression seal in a

form prescribed by the conference. Each such officer shall affix

his seal to every jurat or certificate of his official acts without

fee.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,

Sec. 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 528, 528a (June 28,

1906, ch. 3573, 34 Stat. 546; July 10, 1946, ch. 548, 60 Stat.

525).

Section consolidates section 528 and part of section 528a of

title 28, U.S.C., 1940 ed., with changes in phraseology necessary

to effect consolidation.

Provisions of section 528a of title 28, U.S.C., 1940 ed.,

relating to dockets and forms, are incorporated in section 639 of

this title.

Words "Director of the Administrative Office of the United States

Courts" were substituted for "Attorney General", contained in

section 528 of title 28, U.S.C., 1940 ed., in view of Act Aug. 7,

1939, ch. 501, Sec. 6, 53 Stat. 1226, 28 U.S.C., 1940 ed.,

following Sec. 446, giving the Directors supervision of court

administrative matters.

Changes in phraseology were made.

AMENDMENTS

1968 - Subsec. (a). Pub. L. 90-578 incorporated in provisions

designated as subsec. (a) provisions of first par. of former

section 639 of this title, substituting "United States magistrates"

for prior designation as "United States Commissioners", specifying

that the copy of the United States Code be a current edition, and

dispensing with approval by the chief judge of the district court

for a copy of such Code.

Subsec. (b). Pub. L. 90-578 incorporated in provisions designated

as subsec. (b) provisions of the second par. of former section 639

of this title.

Subsec. (c). Pub. L. 90-578 designated existing provisions as

subsec. (c), and substituted "United States magistrate" for "United

States commissioner", provision for appointment under this chapter

rather than after July 10, 1946, provision that the form of the

seal be prescribed by the conference rather than the Director, and

"without fee" for "without additional fee".

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" and "United States magistrate

judge" substituted for "United States magistrates" and "United

States magistrate", respectively, in subsecs. (a) and (c) pursuant

to section 321 of Pub. L. 101-650, set out as a note under section

631 of this title.

-MISC2-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates [now

United States magistrate judges] and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of this title.

-End-

-CITE-

28 USC Sec. 639 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES

-HEAD-

Sec. 639. Definitions

-STATUTE-

As used in this chapter -

(1) "Conference" shall mean the Judicial Conference of the

United States;

(2) "Council" shall mean the Judicial Council of the Circuit;

(3) "Director" shall mean the Director of the Administrative

Office of the United States Courts;

(4) "Full-time magistrate judge" shall mean a full-time United

States magistrate judge;

(5) "Part-time magistrate judge" shall mean a part-time United

States magistrate judge; and

(6) "United States magistrate judge" and "magistrate judge"

shall mean both full-time and part-time United States magistrate

judges.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,

Sec. 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 528a (July 10, 1946,

ch. 548, 60 Stat. 525).

Provisions of section 528a of title 28, U.S.C., 1940 ed., for

furnishing seal is included in section 638 of this title.

Changes were made in phraseology.

AMENDMENTS

1968 - Pub. L. 90-578 substituted definition provisions for prior

requirements obligating the Director to furnish docket books and

forms to United States commissioners and, with approval of the

chief judge of the district court, a copy of the United States

Code, declaring such property to remain United States property, and

calling for transmission of such property to successors in office

or for its disposal as directed by the Director, now incorporated

in section 638(a) and (b) of this title.

-CHANGE-

CHANGE OF NAME

Words "magistrate judge" and "magistrate judges" substituted for

"magistrate" and "magistrates", respectively, wherever appearing in

text pursuant to section 321 of Pub. L. 101-650, set out as a note

under section 631 of this title.

-MISC2-

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates [now

United States magistrate judges] and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578 on Oct.

17, 1968, see section 403 of Pub. L. 90-578, set out as a note

under section 631 of this title.

-End-