-CITE-
    28 USC CHAPTER 43 - UNITED STATES MAGISTRATE JUDGES         01/03/2007

-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.

-End-



-CITE-
    28 USC Sec. 631                                             01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    28 USC Sec. 632                                             01/03/2007

-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                                             01/03/2007

-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.

-End-



-CITE-
    28 USC Sec. 634                                             01/03/2007

-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.]

-End-



-CITE-
    28 USC Sec. 635                                             01/03/2007

-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.

-End-



-CITE-
    28 USC Sec. 636                                             01/03/2007

-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 district in which sessions are held
    by the court that appointed the magistrate judge, at other places
    where that court may function, and elsewhere as authorized by law -
    
        (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; Pub. L. 109-63, Sec.
    2(d), Sept. 9, 2005, 119 Stat. 1995.)


-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                            
      2005 - Subsec. (a). Pub. L. 109-63 substituted "district in which
    sessions are held by the court that appointed the magistrate judge,
    at other places where that court may function, and elsewhere as
    authorized by law - " for "territorial jurisdiction prescribed by
    his appointment - " in introductory provisions.
      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.

-FOOTNOTE-
    (!1) So in original. Probably should be "post-trial".


-End-



-CITE-
    28 USC Sec. 637                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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-