An Act to abolish the office of United States commissioner, to establish in place thereof within the judicial branch of the Government the office of United States magistrate, and for other purposes
PL 90-578 (S.945), enacted 10/17/1968

82 STAT. ] 
PUBLIC LAW 90-578-OCT. 17, 1968 
1107 
expiration of the fourth calendar year following the year of enactment 
of such Act, and prior to the expiration of each fourth calendar year 
thereafter. 
STUDIES BY COMPTROLLER GENERAL OF FEDERAL GRANT-IN-AID PROGRAMS 
SEC. 602. (a) Upon request of any committee having jurisdiction 
over a grant-in-aid program, the Comptroller General shall make a 
study of such program to determine among other relevant matters, the 
extent to which— 
(1) such program conflicts with or duplicates other grant-in-
aid programs; and 
(2) more effective, efficient, economical, and uniform admin-
istration of such program can be achieved by changing certain 
requirements and procedures applicable thereto, 
(b) In reviewing grant-in-aid programs the Comptroller General 
shall consider, among other relevant matters, and the budgetary, 
accounting, reporting and administrative procedures applicable to 
such programs. Reports on such studies, together with recommenda- c^gres*s^.*^° 
tions, shall be submitted by the Comptroller General to the Congress. 
Reports on expiring programs should, to the extent practicable, be 
submitted in the year prior to the date set for their expiration. 
STUDIES BY ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS 
SEC. 603. Upon request of any committee having jurisdiction over a 
grant-in-aid program, the Advisory Commission on Intergovernmental 
Relations (established by Public Law 86-380, as amended) shall con- ^^ ^*°*- ^°3' 
duct studies of the intergovernmental relations aspects of such program 
5o*usc 1501 -
including (1) the impact of such program, if any, on the structural 1509. 
organization of State and local governments and on Federal-State-local 
liscal relations, and (2) the coordination of Federal administration of 
such program with State and local administration thereof, and shall c^^^esV° 
report its findings and recommendations to such committee and to the °"^'"^^^" 
Congress. 
PRESERVATION OF HOUSE AND SENATE COMMITTEE JURISDICTION 
SEC. 604. Nothing in this Act shall be construed to affect the juris-
diction of committees under the rules of the Senate and the House of 
Representatives. 
Approved October 16, 1968. 
Public Law 90-578 
A N A C T 
October 17, 1968 
To abolish the office of United States commissioner, to establish in place thereof 
f
^
- ^"^s] 
within the judicial branch of the Government the office of United States magis-
trate, and for other purposes. 
Be it enacted hy the Senate and Houne of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
Federal Magis-
be cited as the "Federal Magistrates Act"'. 
*'^'" '^^^^ 
1108 
PUBLIC LAW 90-578-OCT. 17, 1968 
[82 STAT. 
TITLE I—UNITED STATES MAGISTRATES 
62 Stat. 915. 
g^^. ;|^QJ Chapter 43, title 28, United States Code, relating to United 
States commissioners, is amended to read as follows: 
"Chapter 43.~UNITED STATES MAGISTRATES 
"Sec. 
"631. Appointment and tenure. 
"632. Character of service. 
"633. Determination of number, locations, and .salaries of magistrates. 
"634. Compensation. 
"635. Expenses. 
"636. Jurisdiction and powers. 
"637. Training. 
"638. Dockets and forms ; United States Code; seals. 
"639. Definitions. 
"§ 631. Appointment and tenure 
"(a) The judges of each United States district court shall appoint 
United States magistrates in such numbers and to serve at such loca-
tions within the judicial district as the conference may determine 
under this chapter. Where there is more than one judge of a district 
court, the appointment, whether an original appointment or a reap-
pointment, 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 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 juris-
diction of a magistrate's appointment include the entirety of such 
area, the appointment or reappointment shall be made by the con-
currence of a majority of all judges of the district courts of the judicial 
districts involved, and where there is no such concurrence by the con-
currence of the chief judges of such district courts. 
Qualifications. 
«(jj^ 
j ^ ^ individual may be appointed or serve as a magistrate under 
this chapter unless: 
" (1) 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 LTnited States district court for the District of 
Columbia; 
"(B) in the Commonwealth of Puerto Rico, a member in good 
standing of the bar of the Supreme Court of Puerto Rico; or 
"(C) in an area under the administration of the National Park 
Service, the United States Fish and Wildlife Service, or any 
other Federal agency that extends into two or more States, a 
member in good standing of the bar of the highest court of one 
of those States; 
except that an individual who does not meet the bar membership 
requirements of the first sentence of this paragraph may be appointed 
82 STAT. ] 
PUBLIC LAW 90-578-OCT. 17, 1968 
1109 
and serve as a part-time magistrate if the appointing court or couits 
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. 
"(c) A magistrate 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, but the conference 
shall fix the aggregate amount of compensation to be received for 
performing the duties of part-time magistrate and part-time referee 
m 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 magistrates. 
"(d) No individual may serve under this chapter after having 
Age limitation. 
attained the age of seventy years: Provided^ however^ That upon the 
unanimous vote of all the judges of the appointing court or courts, a 
magistrate 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 Term. 
shall be for a term of eight years, and the appointment of any indi-
viduals as a part-time magistrate shall be for a term of four j^ears, 
except that the term of a full-time or part-time magistrate appointed 
under subsection (j) shall expire upon— 
" (1) the expiration of the absent magistrate's term, 
" (2) the reinstatement of the absent magistrate in regular serv-
ice in office as a magistrate, 
"(3) the failure of the absent magistrate to make timely appli-
cation under subsection (i) of this section for reinstatement in 
regular service in office as a magistrate after discharge or release 
from military service, 
"(4) the death or resignation of the absent magistrate, or 
"(5) the removal from office of the absent magistrate pursuant 
to subsection (h) of this section, 
whichever may first occur. 
"(f) Each individual appointed as a magistrate under this section °^''^-
shall take the oath or affirmation prescribed by section 453 of this title ^^ ^*°*- ^^''• 
before performing the duties of his office. 
"(g) Each appointment made by a judge or judges of a district Appointment 
court shall be entered of record in such court, and notice of such '^*''°'^ ^" notice. 
appointment shall be given at once by the clerk of that court to the 
Director. 
"(h) Removal of a magistrate during the term for which he is Removal. 
ajipointed shall be only for incompetency, misconduct, neglect of duty, 
or physical or mental disability, but a magistrate's office shall be termi-
nated if the conference determines that the services performed by his 
1110 
PUBLIC LAW 90-578-OCT. 17, 1968 
[82 STAT. 
office are no longer needed. Removal shall be by the judges of the dis-
trict court for the judicial district in which the magistrate 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 dis-
trict court on the question of the removal or retention in office of a 
magistrate, then removal shall be only by a concurrence of a majority 
of all the judges of the council. In the case of a magistrate appointed 
mider 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, 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, 
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. 
^^Armed Forces 
" ^ j ^ ^ ) ^ magistrate who is iuducted into the Armed Forces of the 
I'nit€d States pursuant to the Military Selective Service Act of 1967 
62 Stat. 604; 
(50 U.S.C. App. 451 et seq.), or is otherwise ordered to active duty with 
81 tat. 100. 
such forces for a period of more than thirty days, and who makes appli-
cation for a leave of absence to the district court or courts which 
appointed him, shall be granted a leave of absence without compensa-
tion for such period as he is required to serve in such forces. Every 
application for a leave of absence under this subsection shall include 
a copy of the official orders requiring the magistrate's military service. 
The granting of a leave of absence under this subsection shall not 
operate to extend the term of office of any magistrate. 
Reinstatement. 
" (£) A magistrate granted a leave of absence under this subsection 
who— 
"(A) receives a certificate of service under section 9(a) of the 
Jli^^i^W'^'' 
Military Selective Service Act of 1967 (50 U.S.C. App. 459(a)), 
or is released under honorable conditions from the military service, 
"(B) makes application for reinstatement to regular service in 
office as a magistrate within ninety days after he is released from 
such service or training or from hospitalization continuing after 
discharge for a period of not more than one year, and 
"(C) is determined by the appointing court or courts in the 
manner specified in subsection (a) of this section to be still quali-
fied to perform the duties of such position, 
shall be reinstated in regular service in such office. 
"(j) Upon the grant by the appropriate district court or courts of a 
leave of absence to a magistrate entitled to such relief under the terms 
of subsection (i) of this section, such court or courts may proceed to 
appoint, in the manner specified in subsection (a) of this section, 
another magistrate, qualified for appointment and service under sub-
sections (b), (c), and (d) of this section, who shall serve for the 
period specified in subsection (e) of this section. 
"§ 632. Character of service 
"(a) Full-time United States magistrates 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 magistrates 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 
82 STAT. ] 
PUBLIC LAW 90-578-OCT. 17, 1968 
1111 
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. 
^^§ 633. Determination of number, locations, and salaries of magis-
trates 
" ( 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 tlie course of any survey, the Director shall take into ac-
count 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 (includ-
ing 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 commissionei-s 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 magistrates. However, 
should the Director find, as a result of any such surveys, areas in which 
the employment of a full-time magistrate would not be feasible or 
desirable, he shall recommend the appointment of part-time United 
States magistrates 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 con-
ference 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 643 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 there-
for, 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 
LTnited 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, TJOCATIONS, 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 
96-600 O - 69 - 73 
1112 
PUBLIC LAW 90-578-OCT. 17, 1968 
[82 STAT. 
courts, and the councils, change the number, locations, and salaries of 
full-time and part-time magistrates, as the expeditious administration 
of justice may i-equire. Such determinations shall take effect sixty days 
after they are promulgated. 
"§634. Compensation 
"(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 of this title, at rates not more than $22,500 
per annum for full-time ITnited States magistrates, and not more than 
$11,000 per annum nor less than $100 per annum for part-time United 
States magistrates. 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. Disburse-
ment of salaries shall be made by or pursuant to the order of the 
Director. 
80 Stat. 581; 
^^ (h) Except as provided by section 8344, title 5, relating to reduc-
tions of the salaries of reemployed annuitants under subchapter III 
5 use 8331 
of chapter 83 of such title and unless the office has been terminated 
^' ^^^' 
as provided in this chapter, the salary of a full-time ITnited States 
magistrate shall not be reduced, during the term in which he is serv-
ing, below the salary fixed for him at the beginning of that term. 
''(c) All Ignited States magistrates, effective upon their taking 
the oath or affirmation of office, and all necessary clerical and secre-
tarial assistants employed in the offices of full-time Ignited Sta'es 
magistrates shall be deemed to be officers and employees in the judicial 
branch of the Ignited States Government within the meaning of sub-
section III (relating to civil service retirement) of chapter 83, chapter 
5 use 8701 
87 (relating to Federal employees' group life insurance), and chapter 
^^ ^^1- 
89 (relating to Federal employees' health benefits program) of title 
5 use 8901 
5 Part-time magistrates shall not be excluded from coverage under 
these chapters solely for lack of a prearranged regular tour of duty. 
"§635. Expenses 
"(a) Full-time United States magistrates serving under this chapter 
shall be allowed their actual and necessary expenses incurred in the 
performance of their duties, including 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 magistrates 
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 court-
room 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 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 
magistrates 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 regula-
tions, for expenses incurred by such part-time magistrates for clerical 
and secretarial assistance, stationery, telephone and other communi-
cations services, travel, and such other expenses as may be determined 
et seq, 
Post, p. 1115. 
82 STAT. ] 
PUBLIC LAW 90-578-OCT. 17, 1968 
1113 
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 magis-
trates for the procurement of office space. 
*
*
§ 636. Jurisdiction and powers 
" (a) Each United States magistrate serving under this chapter shall 
have within the territorial jurisdiction prescribed by his appoint-
ment— 
" (1) all powers and duties conferred or imposed upon United 
States commissioners by law or by the Rules of Criminal Pro-
cedure for the United States District Courts; 
^s use app. 
"(2) the power to administer oaths and affirmations, impose 
conditions of release under section 3146 of title 18, and take 
so stat. 214. 
acknowledgements, affidavits, and depositions; and 
"(3) the power to conduct trials under section 3401, title 18, 
United States Code, in conformity with and subject to the limi-
tations of that section. 
"(b) Any district court of the United States, by the concurrence 
of a majority of all the judges of such district court, may establish 
rules pursuant to which any full-time United States magistrate, or, 
where there is no full-time magistrate reasonably available, any part-
time magistrate specially designated by the court, may be assigned 
within the territorial jurisdiction of such court such additional duties 
as are not inconsistent with the Constitution and laws of the United ^ ^sc^ preceding 
States. The additional duties authorized by rule may include, but are 
not restricted to— 
" (1) service as a special master in an appropriate civil action, 
pursuant to the applicable provisions of this title and the Federal 
Rules of Civil Procedure for the United States district courts; 
28 use app. 
"(2) assistance to a district judge in the conduct of pretrial or 
discovery proceedings in civil or criminal actions; and 
"(3) preliminary review of applications for posttrial relief 
made by individuals convicted of criminal offenses, and submission 
of a report and recommendations to facilitate the decision of the 
district judge having jurisdiction over the case as to w^hether there 
should be a hearing. 
" (c) The practice and procedure for the trial of cases before officers 
serving under this chapter, and for the taking and hearing of appeals 
to the district courts, shall conform to rules promulgated by the 
Supreme Court pursuant to section 3402 of title 18, United States 
Code. 
^osf, p. 1116. 
"(d) In a proceeding before a magistrate, any of the following acts 
or conduct shall constitute a contempt of the district court for the dis-
trict wherein the magistrate is sitting: (1) disobedience or resistance to 
any lawful order, process, or writ; (2) misbehavior at a hearing or 
other i^roceeding, or so nenr the place thereof as to obstruct the same; 
(3) failure to produce, after having been ordered to do so, any perti-
nent document; (4) refusal to appear after having been subpenaed or, 
upon appearing, refusal to take the oath or affirmation as ft witness, or, 
having taken the oath or affirmation, refusal to be examined according 
to law; or (5) any other act or conduct which if committed before a 
judge of the district court would constitute contempt of such court. 
Upon the commission of any such act or conduct, the magistrate shall 
forthwith certify the facts to a judge of the district court and may 
serve or cause to be served upon any person whose behavior is brought 
into question under this section an order requiring such person to 
appear before a judge of that court upon a day certain to show cause 
1114 
PUBLIC LAW 90-578-OCT. 17, 1968 
[82 STAT. 
why he should not be adjudged m contempt by reason of the facts so 
certified. A judge of the district court shall thereupon, in a summary 
manner, 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 
judge of the court, or commit such person upon the conditions appli-
cable in the case of defiance of the process of the district court or mis-
conduct in the presence of a judge of that court. 
"§ 637. Training 
"The Federal Judicial Center shall conduct periodic training pro-
grams and seminars for both full-time and part-time United States 
magistrates, including an introductory training program for new 
magistrates, to be held within one year after initial appointment. 
"§ 638. Dockets and forms; United States Code; seals 
"(a) The Director shall furnish to United States magistrates ade-
quate 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 
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. 
"§639. Definitions 
"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' shall mean a full-time United States 
magistrate; 
"(5) 'Part-time magistrate' shall mean a part-time United 
States magistrate; and 
"(6) 'United States magistrate' and 'magistrate' shall mean 
both full-time and part-time United States magistrates." 
SEC. 102. (a) The item relating to United States commissioners 
contained in the chapter analysis of part III, title 28, United States 
Code, is amended to read as follows: 
"43. United States magistrates 
631." 
(b) The item relating to United States commissioners contained in 
the part and chapter analysis immediately following the title caption 
of title 28, United States Code, is amended to read as follows: 
"43. United States magistrates 
631."' 
TITLE II—ADMINISTEATIVE OFFICE OF T H E UNITED 
STATES COURTS 
62 Stat. 914. 
SEC. 201. (a) Paragraph (9) of subsection (a) of section 604, title 
28, United States Code, is amended by striking out the words "United 
States Commissioners", and inserting in lieu thereof the words "United 
States magistrates". 
82 STAT. ] 
PUBLIC LAW 90-578-OCT. 17, 1968 
1115 
(b) Section 604, title 28, United States Code, is amended by adding 
62 stat. 914. 
at the end thereof the following new subsections: 
"(d) The Director, under the supervision and direction of the con-
ference, sliall: 
"•(1) supervise all administrative matters relating to the offices 
of the Uiiited States magistrates; 
"(2) gather, compile, and evaluate all statistical and other 
information required for the performance of his duties and the 
duties of the conference with respect to such officers; 
"(3) lay before Congress annually statistical tables and other 
information which will accurately reflect the business which has 
come before the various United States magistrates; 
"(4) prepare and distribute a manual, with annual supplements 
and periodic revisions, for the use of such officers, which shall set 
forth their powers and duties, describe all categories of proceed-
ings that may arise before them, and contain such other informa-
tion as may be required to enable them to discharge their powers 
and duties promptly, effectively, and impartially. 
"(e) The Director may promulgate appropriate rules and regula-
tions approved by the conference and not inconsistent with any pro-
vision of lavP7 to assist him in the performance of the duties conferred 
upon him by .subsection (d) of this section. Magistrates shall keep such 
records and make such reports as are specified in such rules and 
regulations". 
TITLE III—AMENDMENTS TO TITLE 18, UNITED STATES 
CODE 
TECHNICAL 
AMENDMENTS 
SEC. 301. (a) Except as otherwise specifically provided by this 
title, part II, title 18, United States Code (relatmg; to criminal pro- 
^2 stat. 813. 
cedure) is amended by: 
_ 
J^' ^^^ '''' 
^' 
(1) striking out the words "United States commissioner" 
wherever tliey appear therein, and inserting in lieu thereof the 
words "United States magistrate"; 
(2) striking out the words "United States commissioners" 
wherever they appear therein, and inserting in lieu thereof the 
words "United States magistrates"; 
(3) striking out the word "commissioner" wherever it appears 
in relation to a United States Commissioner, and inserting in lieu 
tliereof the word "magistrate"; 
(4) striking out the word "Commissioners" wherever it appears 
in relation to ITnited States commissioners, and inserting in lieu 
thereof the word "magistrates". 
(b) Section 202(a) of title 18, United States Code, is amended by 
^^ ^tat. 1121. 
striking out words "or a part-time United States Commissioner", 
and inserting in lieu thereof the words "a part-time United States 
commissioner, or a part-time United States magistrate". 
(c) The chapter caption of chapter 219, part II, title 18, United 
^2 stat. 830. 
States Code, is amended to read as follows: 
"Chapter 219.—TRIAL BY UNITED STATES MAGISTRATES'' 
TRIAL BY MAGISTRATES 
SEC. 302. (a) Section 3401, title 18, United States Code, is amended 
to read as follows: 
*
*
§ 3401. Minor offenses; application of probation laws 
"(a) When specially designated to exercise such jurisdiction by the 
district court or courts he serves, and under such conditions as may be 
1116 
PUBLIC LAW 90-578-OCT. 17, 1968 
[82 STAT. 
imposed by the terms of the special designation, any United States 
magistrate shall have jurisdiction to try persons accused of, a)id sen-
tence persons convicted of, minor offenses committed within that 
judicial district. 
"(b) Any person charged with a minor offense 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 before a judge of the district court 
and that he may have a right to trial by jury before such judge and 
shall not proceed to try the case unless the defendant, after such 
explanation, signs a written consent to be tried before the magis-
trate that specifically waives both a trial before a judge of the district 
court and any right to trial by jury that he may have. 
" (c) A magistrate who exercises trial jurisdiction under this section, 
and before whom a person is convicted or pleads either guilty or nolo 
contendere, may, with the approval of a judge of the district court, 
direct the probation service of the court to conduct a presentence 
investigation on that person and render a report to the magistrate prior 
to the imposition of sentence. 
"(d) The probation laws shall be applicable to i:)ersons tried by a 
magistrate under this section, and such officer shall have power to 
grant probation and to revoke or i-einstate the probation of any person 
granted probation by him. 
"(e) Proceedings before United States magistrates under this sec-
tion shall be taken down by a court reporter or recorded by suitable 
sound recording equipment. For purposes of appeal a copy of the 
record of such proceedings shall be made available at the expense of 
the United States to a person who makes affidavit that he is unable to 
pay or give security therefor, and the expense of such copy shall be 
paid by the Director of the Administrative Office of the United States 
Courts. 
'•Minor 
"(f) As used in this section, the term 'minor offenses' means misde-
meanors punishable under the laws of the United States, the penalty 
for which does not exceed imprisonment for a period of one year, or 
a line of not more than $1,000, or both, except that such term does not 
include any offense punishable under any of the following provisions 
of law: Section 102 of the Revised Statutes, as amended (2 U.S.C. 
192); section 314(a) of the Federal Corrupt Practices Act, 1925 (2 
U.S.C. 252(a)); and sections 210, 211, 242, 594, 597, 599, 600, 601,1304, 
62 Stat. 694. 
1504,1508, 1509, 2234, 2235, and 2236 of title 18, United States Code." 
62 Stat. 831. 
(b) Sectiou 3402, title 18, United States Code, is amended to read 
as follows: 
"§ 3402. Rules of procedure; practice and appeal 
"In all cases of conviction by a United States magistrate an appeal 
of right shall lie from the judgment of the magistrate to a judge of 
the district court of the district in which the offense was committed. 
"The Supreme Court shall prescribe rules of procedure and practice 
for the trial of cases before magistrates and for taking and hearing of 
appeals to the judges of the district courts of the United States." 
(c) The item related to section 3401, title 18, United States Code, 
contained in the chapter analysis of chapter 219, title 18, United 
States Code, is amended to read as follows: 
"3401. Minor offenses; application of probation laws." 
offenses. 
43 Stat. 1074. 
82 STAT. ] 
PUBLIC LAW 90-578-OCT. 17, 1968 
1117 
PRELIMINARY EXAMINATION 
SEC. 303. (a) Section 3060, title 18, United States Code, is amended 
^2 stat. mg. 
to read as follows: 
"§ 3060. Preliminary examination 
"(a) Except as otherwise provided by this section, a preliminary 
examination shall be held within the time set by the judge or magistrate 
pursuant to subsection (b) of this section, to determine whether there 
is probable cause to believe that an offense has been committed and 
that the arrested person has committed it. 
"(b) The date for the preliminary examination shall be fixed by the 
judge or magistrate at the initial appearance of the arrested person. 
Except as provided by subsection (c) of this section, or unless the 
arrested person waives the preliminary examination, such examination 
shall be held within a reasonable time following initial appearance, 
but in any event not later than— 
" (1) the tenth day following the date of the initial appearance 
of the arrested person before such officer if the arrestee! person is 
held in custody without any provision for release, or is held in 
custody for failure to meet the conditions of release imposed, 
or is released from custody only during specified hours of the 
day; or 
"(2) the twentieth day following the date of the initial appear-
ance if the arrested person is released from custody under any 
condition other than a condition described in paragraph (1) of 
this subsection. 
"(c) With the consent of the arrested person, the date fixed by the 
judge or magistrate for the preliminary examination may be a date 
later than that prescribed by subsection (b), or may be continued one 
"^ 
or more times to a date subsequent to the date initially fixed therefor. 
In the absence of such consent of the accused, the date fixed for the 
preliminary hearing may be a date later than that prescribed by sub-
section (b), or may be continued to a date subsequent to the date 
initially fixed therefor, only upon the order of a judge of the appro-
priate United States district court after a finding that extraordinary 
circumstances exist, and that the delay of the preliminary hearing is 
indispensable to the interests of justice. 
"(d) Except as provided by subsection (e) of this section, an arrested 
person who has not been accorded the preliminary examination 
required by subsection (a) within the period of time fixed by the 
judge or magistrate in compliance with subsections (b) and (c), shall 
be discharged from custody or from the requirement of bail or any 
other condition of release, without prejudice, however, to the institu-
tion of further criminal proceedings against him upon the charge upon 
which he was arrested. 
"(e) No preliminary examination in compliance with subsection 
(a) of this section shall be required to be accorded an arrested person, 
nor shall such arrested person be discharged from custody or from the 
requirement of bail or any other condition of release pursuant to sub-
section (d), if at any time subsequent to the initial appearance of such 
person before a judge or magistrate and prior to the date fixed for the 
preliminary examination pursuant to subsections (b) and (c) an 
indictment is returned or, in appropriate cases, an information is filed 
against such person in a court of the United States. 
"(f) Proceedings before United States magistrates under this section 
shall be taken down by a court reporter or recorded by suitable sound 
1118 
PUBLIC LAW 90-578-OCT. 17, 1968 
[82 STAT. 
recording- equipment. A copy of the record of such proceeding shall 
be made available at the expense of the United States to a person who 
makes affidavit that he is unable to pay or give security therefor, and 
the expense of such copy shall be paid by the Director of the Adminis-
trative Office of the United States Courts." 
(b) The item relating to section 3060 contained in the section analy-
sis of chapter 203, title 18, United States Code, is amended to read as 
follows: 
"•3060. Preliminary examination." 
TITLE IV—TRANSITIONAL PROVISIONS 
APPOINTMENT OF MAGISTRATES 
SEC. 401. (a) No individual may serve as a United States commis-
sioner within any judicial district after the date on which a United 
States magistrate 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 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, not-
withstanding his failure to meet the bar membership qualification 
imposed by section 631(b) (1) of chapter 43, title 28, United States 
Ante, p. 1108. 
Code I 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 
SEC. 402. (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, shall continue in effect in each judicial 
district until but not on or after (1) the date on which the first United 
States magistrate 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, whichever date is earlier. 
(b) On and after the date on which the first United States magis-
trate 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, which-
ever date is earlier— 
(1) the provisions of chapter 43, title 28, United States Code, 
as amended by this Act, shall be effective within such judicial 
district except as otherwise specifically provided by section 401 (b) 
of this title; 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), 
80 Stat. 565. 
8701(a) (7), and 8901(1) (G) of title 5), any previously promul-
gated 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 
28 use 601 et 
seq. 
82 STAT. ] 
PUBLIC LAW 90-579-OCT. 17, 1968 
1119 
States magistrate duly appointed under section 631 of chapter 43, 
title 28, United States Code, as amended by this Act. 
^"'«' P- HOS. 
(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 
^2 stat. 913. 
the date of enactment of this Act, shall continue in effect until no 
" "" "" 
TTnited States commissioner remains in service. 
EFFECTIVE DATE 
SEC. 403. Except as otherwise provided by sections 401 and 402 of 
this title, this Act shall take effect on the date of its enactment. 
TITLE Y—SEVERABILITY 
SEC. 501. If any provision of this Act or the application thereof to 
any j^erson or circumstances is held invalid, the validity of the 
remainder of the Act and of its application to other persons and cir-
cumstances shall not be affected. 
Approved October 17, 1968. 
Public Law 90-579 
AN ACT 
October 17, 196J 
To increase the*number and salaries of judges of the District of Columbia Court 
[S. 2439] 
of General Sessions, the salaries of the District of Columbia Court of Api>eals 
and the IMstrict of Columbia Tax Court, and for other purjwses. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) section 
D.C. courts. 
ll-902(a) of the District of Columbia Code is amended by striking out 
J^'^ges. 
"twenty*- and inserting in lieu thereof "twenty-two''. 
8o^stat!'82t^'^' 
(b) Section ll-902(d) of the District of Columbia Code is amended 
78 stat. 431. 
by striking out "$24,000" and inserting in lieu thereof "$28,000", and 
by striking out "$23,500-' and inserting in lieu thereof "$27,500". 
SEC. 2. Section 11-702(d) of the District of Columbia Code is 
amended by. striking out "$25,000" and inserting in lieu thereof 
"$29,000", and by striking out "$24,500" and inserting in lieu thereof 
"$28,500''. 
SEC. 3. The first sentence of the second paragraph of section 2 of the 
District of Columbia Revenue Act of 1937, as amended (D.C. Code, 
sec. 47-2402), is amended by striking out "$23,500" and inserting in 
lieu thereof "$27,500''. 
SEC. 4. The amendments made by this Act shall take effect as of 
Effective date. 
October 1, 1968. 
Approved October 17, 1968.