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18 U.S.C. § 5034 — Duties of magistrate judge
Federal law — U.S. Code and appendices · legal_authorities
The magistrate judge shall insure that the juvenile is represented by counsel before proceeding with critical stages of the proceedings. Counsel shall be assigned to represent a juvenile when the juvenile and his parents, guardian, or custodian are financially unable to obtain adequate representation. In cases where the juvenile and his parents, guardian, or custodian are financially able to obtain adequate representation but have not retained counsel, the magistrate judge may assign counsel and order the payment of reasonable attorney’s fees or may direct the juvenile, his parents, guardian, or custodian to retain private counsel within a specified period of time.
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Stable record: federal_law:legal_authorities:record_usc_9b9b73a96d3cd9c9250b6ee7
Source file: Laws/federal/codes/united-states-code/title-18/section-5034-duties-of-magistrate-judge--7a407882c5.md
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Source location: Title 18, Chapter 403, § 5034; chapter-403-juvenile-delinquency.md
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The magistrate judge shall insure that the juvenile is represented by counsel before proceeding with critical stages of the proceedings. Counsel shall be assigned to represent a juvenile when the juvenile and his parents, guardian, or custodian are financially unable to obtain adequate representation. In cases where the juvenile and his parents, guardian, or custodian are financially able to obtain adequate representation but have not retained counsel, the magistrate judge may assign counsel and order the payment of reasonable attorney’s fees or may direct the juvenile, his parents, guardian, or custodian to retain private counsel within a specified period of time.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both.
**(b)** Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person’s eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under [section 5034 of this title](https://
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 751
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever rescues or attempts to rescue or instigates, aids or assists the escape, or attempt to escape, of any person arrested upon a warrant or other process issued under any law of the United States, or committed to the custody of the Attorney General or to any institution or facility by his direction, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or, if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both.
**(b)** Whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempted escape of any person in the custody of the Attorney General or his authorized representative, or of any person arrested upon a warrant or other process issued under any law of the United States or from any institution or facility in which he is confined by direction of the Attorney General, shall, if the custody or confinement is by virtue of a lawful arrest for a violation of any law of the United States not punishable by death or life imprisonment and committed before such person’s eighteenth birthday, and as to whom the Attorney General has not specifically directed the institution of criminal proceedings, or by virtue of a commitment as a juvenile delinquent under [section 5034 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5034&num=0&edition=prelim), be fined under this title or imprisoned not more than one year, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 752
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this section is to enable local communities to address the unmet needs of at-risk or delinquent youth, including through a continuum of delinquency prevention programs for juveniles who have had contact with the juvenile justice system or who are likely to have contact with the juvenile justice system.
**(b) Program authorized** The Administrator shall—
(1) for each fiscal year for which less than $25,000,000 is appropriated under section 506,11 See References in Text note below. award grants to not fewer than 3 State entities, but not more than 5 State entities, that apply under subsection (c) and meet the requirements of subsection (d); or
(2) for each fiscal year for which $25,000,000 or more is appropriated under section 506,1 award grants to not fewer than 5 State entities that apply under subsection (c) and meet the requirements of subsection (d).
**(c) State application** To be eligible to receive a grant under this section, a State entity shall submit an application to the Administrator that includes the following:
(1) An assurance the State entity will use—
(A) not more than 10 percent of such grant, in the aggregate—
(i) for the costs incurred by the State entity to carry out this section, except that not more than 3 percent of such grant may be used for such costs; and
(ii) to provide technical assistance to eligible entities receiving a subgrant under subsection (e) in carrying out delinquency prevention programs under the subgrant; and
(B) the remainder of such grant to award subgrants to eligible entities under subsection (e).
(2) An assurance that such grant will supplement, and not supplant, State and local efforts to prevent juvenile delinquency.
(3) An assurance the State entity will evaluate the ca
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 11313
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Federal law — U.S. Code and appendices · legal_authorities
Page 950
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 5034
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415,
title V, § 503, Sept. 7, 1974, 88 Stat. 1135; Pub. L.
101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., §§ 922, 923 (June 16,
1938, ch. 486, §§ 2, 3, 52 Stat. 765).
This section consolidates said section 923, and the
final sentence of said section 922, of title 18, U.S.C., 1940
ed., with such changes of phraseology as were necessary
to effect the consolidation.
This revised section and section 5032 of this title were
rewritten to make clear the legislative intent that a ju-
venile delinquency proceeding shall result in the adju-
dication of a status rather than the conviction of a
crime.
The other provisions of said section 922 are incor-
porated in section 5032 of this title.
Editorial Notes
AMENDMENTS
1974—Pub. L. 93–415 amended section generally, sub-
stituting ‘‘Custody prior to appearance before mag-
istrate’’, for ‘‘Jurisdiction; written consent; jury trial
precluded’’ in section catchline, and substituting provi-
sions relating to advice of rights by arresting officer,
notification of Attorney General, parents, guardian or
custodian, and appearance before magistrate, for provi-
sions relating to jurisdiction of district courts, jury,
consent by juvenile, and apprisal of rights by Judge of
District Court.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Words ‘‘magistrate judge’’ substituted for ‘‘mag-
istrate’’ in catchline and wherever appearing in text
pursuant to section 321 of Pub. L. 101–650, set out as a
note under section 631 of Title 28, Judiciary and Judi-
cial Procedure.
REPEALS
Pub. L. 93–415, title V, § 503, Sept. 7, 1974, 88 Stat. 1135,
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 5034
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