II

106TH CONGRESS

2D SESSION S. 2875

To amend titles 18 and 28, United States Code, with respect to United

States magistrate judges.

IN THE SENATE OF THE UNITED STATES

JULY 14, 2000

Mr. SESSIONS (for himself, Mr. HATCH, Mr. LEAHY, Mr. THURMOND, Mr.

TORRICELLI, and Mr. GRASSLEY) introduced the following bill; which was

read twice and referred to the Committee on the Judiciary

A BILL

To amend titles 18 and 28, United States Code, with respect

to United States magistrate judges.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Magistrate Judge Im5 provement Act of 2000’’.

6 SEC. 2. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

7 Section 636(e) of title 28, United States Code is

8 amended to read as follows:

9 ‘‘(e) MAGISTRATE JUDGE CONTEMPT AUTHORITY.—
2

•S 2875 IS

1 ‘‘(1) IN GENERAL.—A United States magistrate

2 judge serving under this chapter shall have within

3 the territorial jurisdiction prescribed by his or her

4 appointment the power to exercise contempt author5 ity as set forth in this subsection.

6 ‘‘(2) SUMMARY CRIMINAL CONTEMPT AUTHOR7 ITY.—A magistrate judge shall have the power to

8 punish summarily by fine or imprisonment such con9 tempt of the authority of that magistrate judge con10 stituting misbehavior of any person in the presence

11 of the magistrate judge so as to obstruct the admin12 istration of justice. The order of contempt shall be

13 issued pursuant to Federal Rules of Criminal Proce14 dure.

15 ‘‘(3) ADDITIONAL CRIMINAL CONTEMPT AU16 THORITY IN CIVIL CONSENT AND MISDEMEANOR

17 CASES.—In any case in which a United States mag18 istrate judge presides with the consent of the parties

19 under subsection (c) of this section, and in any mis20 demeanor case proceeding before a magistrate judge

21 under section 3401 of title 18, the magistrate judge

22 shall have the power to punish by fine or imprison23 ment such criminal contempt constituting disobe24 dience or resistance to the lawful writ, process,

25 order, rule, decree, or command of the magistrate
3

•S 2875 IS

1 judge. Disposition of such contempt shall be con2 ducted upon notice and hearing pursuant to the

3 Federal Rules of Criminal Procedure.

4 ‘‘(4) CIVIL CONTEMPT AUTHORITY IN CIVIL

5 CONSENT AND MISDEMEANOR CASES.—In any case

6 in which a United States magistrate judge presides

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

8 of this section, and in any misdemeanor case pro9 ceeding before a magistrate judge under section

10 3401 of title 18, the magistrate judge may exercise

11 the civil contempt authority of the district court.

12 This paragraph shall not be construed to limit the

13 authority of a magistrate judge to order sanctions

14 pursuant to any other statute, the Federal Rules of

15 Civil Procedure, or the Federal Rules of Criminal

16 Procedure.

17 ‘‘(5) CRIMINAL CONTEMPT PENALTIES.—The

18 sentence imposed by a magistrate judge for any

19 criminal contempt set forth in paragraphs (2) and

20 (3) of this subsection shall not exceed the penalties

21 for a class C misdemeanor as set forth in sections

22 3571(b)(6) and 3581(b)(8) of title 18.

23 ‘‘(6) CERTIFICATION OF OTHER CONTEMPTS TO

24 THE DISTRICT JUDGE.—
4

•S 2875 IS

1 ‘‘(A) IN GENERAL.—Upon the commission

2 of any act described in subparagraph (B)—

3 ‘‘(i) the magistrate judge shall

4 promptly certify the facts to a district

5 judge and may serve or cause to be served

6 upon any person whose behavior is brought

7 into question under this paragraph an

8 order requiring such person to appear be9 fore a district judge upon a day certain to

10 show cause why such person should not be

11 adjudged in contempt by reason of the

12 facts so certified; and

13 ‘‘(ii) the district judge shall hear the

14 evidence as to the act or conduct com15 plained of and, if it is such as to warrant

16 punishment, punish such person in the

17 same manner and to the same extent as

18 for a contempt committed before a district

19 judge.

20 ‘‘(B) ACTS DESCRIBED.—An act is de21 scribed in this subparagraph if it is—

22 ‘‘(i) in any case in which a United

23 States magistrate judge presides with the

24 consent of the parties under subsection (c)

25 of this section, or in any misdemeanor case
5

•S 2875 IS

1 proceeding before a magistrate judge under

2 section 3401 of title 18, an act that may,

3 in the opinion of the magistrate judge,

4 constitute a serious criminal contempt

5 punishable by penalties exceeding those set

6 forth in paragraph (5) of this subsection;

7 or

8 ‘‘(ii) in any other case or proceeding

9 under subsection (a) or (b), or any other

10 statute—

11 ‘‘(I) an act committed in the

12 presence of the magistrate judge that

13 may, in the opinion of the magistrate

14 judge, constitute a serious criminal

15 contempt punishable by penalties ex16 ceeding those set forth in paragraph

17 (5);

18 ‘‘(II) an act that constitutes a

19 criminal contempt that occurs outside

20 the presence of the magistrate judge;

21 or

22 ‘‘(III) an act that constitutes a

23 civil contempt.

24 ‘‘(7) APPEALS OF MAGISTRATE JUDGE CON25 TEMPT ORDERS.—The appeal of an order of con-
6

•S 2875 IS

1 tempt issued pursuant to this section shall be made

2 to the court of appeals in any case proceeding under

3 subsection (c). The appeal of any other order of con4 tempt issued pursuant to this section shall be made

5 to the district court.’’.

6 SEC. 3. MAGISTRATE JUDGE AUTHORITY IN PETTY OF7 FENSE CASES.

8 (a) TITLE 18, UNITED STATES CODE.—Section

9 3401(b) of title 18, United States Code, is amended in

10 the first sentence by striking ‘‘that is a class B’’ and all

11 that follows through ‘‘infraction’’.

12 (b) TITLE 28, UNITED STATES CODE.—Section

13 636(a) of title 28, United States Code, is amended by

14 striking paragraphs (4) and (5) and inserting the fol15 lowing:

16 ‘‘(4) the power to enter a sentence for a petty

17 offense; and

18 ‘‘(5) the power to enter a sentence for a class

19 A misdemeanor in a case in which the parties have

20 consented.’’.

21 SEC. 4. MAGISTRATE JUDGE AUTHORITY IN CASES INVOLV22 ING JUVENILES.

23 Section 3401(g) of title 18, United States Code, is

24 amended—
7

•S 2875 IS

1 (1) by striking the first sentence and inserting

2 the following: ‘‘The magistrate judge may, in a petty

3 offense case involving a juvenile, exercise all powers

4 granted to the district court under chapter 403 of

5 this title.’’;

6 (2) in the second sentence by striking ‘‘any

7 other class B or C misdemeanor case’’ and inserting

8 ‘‘the case of any misdemeanor, other than a petty

9 offense,’’; and

10 (3) by striking the last sentence.

Æ