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28 U.S.C. § 632 — Character of service
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-632-character-of-service--b7c6e3b7c5.md
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Source location: Title 28, Chapter 43, § 632; chapter-043-united-states-magistrate-judges.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 appo
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim) 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
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Federal law — U.S. Code and appendices · legal_authorities
In trial of all persons charged with the commission of offenses against the United States and in all proceedings in courts martial and courts of inquiry in any State, District, Possession or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him.
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Federal law — U.S. Code and appendices · legal_authorities
Page 306
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 632
magistrate selection standards and procedures by the
Judicial Conference of the United States could only ex-
ercise 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
Pub. L. 96–82, § 9, Oct. 10, 1979, 93 Stat. 647, 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 mag-
istrate system.
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 96–82, § 10, Oct. 10, 1979, 93 Stat. 647, provided
that: ‘‘Such sums as may be necessary to carry out the
purposes of this Act [see Short Title of 1979 Amend-
ment note above] are hereby authorized to be appro-
priated for expenditure on or after October 1, 1979.’’
APPOINTMENT OF MAGISTRATES
Pub. L. 90–578, title IV, § 401, Oct. 17, 1968, 82 Stat.
1118, provided that:
‘‘(a) No individual may serve as a United States com-
missioner within any judicial district after the date on
which a United States magistrate [now United States
magistrate judge] assumes office in such judicial dis-
trict.
‘‘(b) An individual serving as a United States com-
missioner within any judicial district on the date of en-
actment 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
magistr
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 632
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