Federal Magistrate Act of 1979
PL 96-82 (S.237), enacted 10/10/1979

PUBLIC LAW 96-82—OCT. 10, 1979 
93 STAT. 643 
Public Law 96-82 
96th Congress 
An Act 
To improve access to the Federal courts by enlarging the civil and criminal jurisdic-
tion of United States magistrates, and for other purposes. 
Oct. 10, 1979 
[S. 237] 
Federal 
Magistrate Act 
of 1979. 
28 u s e 631 note. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be 
cited as the "Federal Magistrate Act of 1979". 
SEC. 2. Section 636 of title 28, United States Code, is amended— 
(1) by redesignating subsections (c) through (f) thereof as 
subsections (d) through (g), respectively; and 
(2) by inserting immediately after subsection (b) thereof the 
following new subsection: 
"(c) Notwithstanding any provision of law to the contrary— 
"(1) Upon the consent of the parties, a full-time United States 
magistrate or a part-time United States magistrate 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 may exercise such jurisdiction, if such 
magistrate meets the bar membership requirements set forth in 
section 631(bXl) and the chief judge of the district court certifies 28 use 631 
that a full-time magistrate is not reasonably available in accord-
ance 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 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 their right to 
consent to the exercise of such jurisdiction. The decision of the 
parties shall be communicated to the clerk of court. 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. Rules of court for the reference of civil 
matters to magistrates shall include procedures to protect the 
voluntariness of the parties' consent. 
"(3) Upon entry of judgment in any case referred under Appeal, 
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 in the same manner as an appeal 
from any other judgment of a district court. In this circumstance, 
the consent of the parties allows a magistrate designated to 
exercise civil jurisdiction under paragraph (1) of this subsection 
to direct the entry of a judgment of the district court in accord-
ance 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. 
93 STAT. 644 
PUBLIC LAW 96-82—OCT. 10, 1979 
Appeal. 
Record of 
proceedings. 
28 use 753. 
Selection 
standards. 
"(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 expeditious and 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. 
"(6) 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 under this subsection. 
"(7) 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 determina-
tion, (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 report-
ing duties in such court.". 
SEC. 3. (a) Section 631(a) of title 28, United States Code, is amended 
by striking out the last sentence and inserting in lieu thereof the 
following: "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. 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.". 
(b) Section 631(b) of title 28, United States Code, is amended— 
(1) by inserting "reappointed to" immediately after "appointed 
or"; 
(2) in paragraph (1), by inserting ", and has been for at least 5 
years," immediately after "He is"; and 
(3) in paragraph (1), by inserting "or" at the end of subpara-
graph (A), by striking out "or" at the end of subparagraph (B), 
and by striking out subparagraph (C). 
(c) Section 631(b) of title 28, United States Code, is amended— 
(1) by striking out the period at the end of paragraph (4) and 
inserting in lieu thereof"; and"; and 
(2) by adding at the end thereof the following new paragraph: 
"(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 positions and for the 
establishment by the district courts of merit selection panels, 
PUBLIC LAW 96-82—OCT. 10, 1979 
93 STAT. 645 
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.". 
(d) Section 631 of title 28, United States Code, is amended— 
(1) by redesignating subsections (f) through (j) thereof as 
subsections (g) through (k), respectively; and 
(2) by inserting immediately after subsection (e) thereof the 
following new subsection: 
"(f) Upon the expiration of his term, a magistrate 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 
60 days after the date of the expiration of the magistrate's term, 
whichever is earlier.". 
(e) 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, espe-
cially such groups as women, blacks, Hispanics, and other minorities. 
(f) Magistrates serving prior to the promulgation of magistrate 
selection standards and procedures by the Judicial Conference of the 
United States may only exercise the jurisdiction conferred under the 
amendment made by section 2 of this Act after having been reap-
pointed 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 serves. 
(g) The amendment made by subsection (c) of 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. 
SEC. 4. Section 633(c) of title 28, United States Code, is amended by 
striking out the final sentence. 
SEC. 5. Section 604(d)(3) of title 28, United States Code, is amended 
by inserting immediately before the semicolon the following: ", 
including (A) the number of matters in which the parties consented to 
the exercise of 
jurisdiction by a magistrate, (B) the number of appeals 
taken pursuant to the decisions of magistrates and the disposition of 
such appeals, and (C) the professional background and qualifications 
of individuals appointed under section 631 of this title to serve as 
magistrate". 
SEC. 6. Section 1915(b) of title 28, United States Code, is amended to 
read as follows: 
"(b) Upon the filing of an affidavit in accordance with subsection (a) 
of this section, the court may direct payment by the United States of 
the expenses of (1) printing the record on appeal in any civil or 
criminal case, if such printing is required by the appellate court; (2) 
preparing a transcript of proceedings before a United States magis-
trate in any civil or criminal case, if such transcript is required by the 
district court, in the case of proceedings conducted under section 
6360)) of this title or under section 3401(b) of title 18, United States 
Code; and (3) printing the record on appeal if such printing is required 
by the appellate court, in the case of proceedings conducted pursuant 
to section 636(c) of this title. Such expenses shall be paid when 
authorized by the Director of the Administrative Office of the United 
States Courts.". 
SEC. 7. (a) Section 3401 of title 18, United States Code, is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) When specially designated to exercise such jurisdiction by the 
district court or courts he serves, any United States magistrate shall 
have jurisdiction to try persons accused of, and sentence persons 
convicted of, misdemeanors committed within that judicial district."; 
Selection 
recommenda-
tions. 
28 u s e 631 note. 
28 u s e 631 note. 
Effective date. 
28 u s e 631 note. 
28 u s e 631. 
Court expenses. 
28 u s e 636. 
Ante, p. 643. 
Misdemeanors, 
jurisdiction. 
93 STAT. 646 
PUBLIC LAW 96-82—OCT. 10, 1979 
Defendant's 
rights. 
Misdemeanor 
proceedings. 
Youth offenders. 
18 u s e 5005 et 
seq., 4216. 
18 u s e 5031 et 
seq. 
18 u s e 5032. 
(2) by amending subsection (b) to read as follows: 
"(b) Any person charged with a misdemeanor may elect, however, 
to be tried before a judge of the district court for the district in which 
the offense was committed. The magistrate shall carefully explain to 
the defendant that he has a right to trial, judgment, and sentencing 
by a judge of the district court and that he may have a right to trial by 
jury before a district judge or magistrate. The magistrate shall not 
proceed to try the case unless the defendant, after such explanation, 
files a written consent to be tried before the magistrate that specifi-
cally waives trial, judgment, and sentencing by a judge of the district 
court."; 
(3) by amending subsection (f) to read as follows: 
"(f) The district court may order that proceedings in any misde-
meanor case be conducted before a district judge rather than a 
United States magistrate upon the court's own motion or, for good 
cause shown, upon petition by the attorney for the Government. Such 
petition should note the novelty, importance, or complexity of the 
case, or other pertinent factors, and be filed in accordance with 
regulations promulgated by the Attorney General."; and 
(4) by adding at the end thereof the following new subsections: 
"(g) The magistrate may, in a case involving a youth offender in 
which consent to trial before a magistrate has been filed under 
subsection (b) of this section, impose sentence and exercise the other 
powers granted to the district court under chapter 402 and section 
4216 of this title, except that— 
"(1) the magistrate may not sentence the youth offender to the 
custody of the Attorney General pursuant to such chapter for a 
period in excess of 1 year for conviction of a misdemeanor or 6 
months for conviction of a petty offense; 
"(2) such youth offender shall be released conditionally under 
* supervision no later than 3 months before the expiration of the 
term imposed by the magistrate, and shall be discharged uncon-
ditionally on or before the expiration of the maximum sentence 
imposed; and 
(3) the magistrate may not suspend the imposition of sentence 
and place the youth offender on probation for a period in excess 
of 1 year for conviction of a misdemeanor or 6 months for 
conviction of 
a petty offense. 
"(h) The magistrate may, in a petty offense case involving a 
juvenile in which consent to trial before a magistrate has been filed 
under subsection (b) of this section, exercise all powers granted to the 
district court under chapter 403 of this title. For purposes of this 
subsection, proceedings under chapter 403 of this title may be 
instituted against a juvenile by a violation notice or complaint, except 
that no such case may proceed unless the certification referred to in 
section 5032 of this title has been filed in open court at the arraign-
ment. No term of imprisonment shall be imposed by the magistrate in 
any such case.". 
(b) The heading for section 3401 of title 18, United States Code, is 
amended by striking out "Minor offenses" and inserting in lieu 
thereof "Misdemeanors". 
(c) The item relating to section 3401 in the table of sections of 
chapter 219 of title 18, United States Code, is amended by striking out 
"Minor offenses" and inserting in lieu thereof "Misdemeanors". 
SEC. 8. (a) The first sentence of section 635(a) of title 28, United 
States Code, is amended by inserting after "including" the following: 
"the compensation of such legal assistants as the Judicial Confer-
ence, on the basis of the recommendations of the judicial councils of 
the circuits, considers necessary, and". 
PUBLIC LAW 96-82—OCT. 10, 1979 
93 STAT. 647 
(b) The first sentence of section 634(c) of title 28, United States 
Code, is amended by striking out "clerical" and inserting in lieu 
thereof "legtd, clerical,". 
SEC. 9. The Judicial Conference of the United States shall under- study, 
take a study, to begin within 90 days after the effective date of this availability to 
Act and to be completed and made available to Congress within 24 28 uscfesi note 
months thereafter, concerning the future of the magistrate s^^stem, 
the precise scope of such study to be recommended by the Chairmen 
of 
the Judiciary Committees of 
each House of 
Congress. 
SEC. 10. Such siuns as may be necessary to carry out the purposes of Appropriations 
this Act are hereby authorized to be appropriated for expenditure on SJf^.^o^^jo'^ 
or after October 1,1979. 
28 use 63i note. 
Approved October 10, 1979. 
. • _ ; , l 
1%, 
J 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-287 accompanying H.R. 1046 (Comm. on the Judiciary) and 
No. 96-444 (Comm. of Conference). 
SENATE REPORTS: No. 96-74 (Comm. on the Judiciary) and No. 96-322 (Comm. of 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
May 2, considered and passed Senate. 
June 25,26, H.R. 1046 considered and passed House; passage vacated and S. 237, 
amended, passed in lieu. 
Sept. 20, Senate agreed to conference report. 
Sept. 28, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 41: 
Oct. 10, Presidential statement.