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28 U.S.C. § 633 — Determination of number, locations, and salaries of magistrate judges

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 633 — Determination of number, locations, and salaries of magistrate judges

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Source location: Title 28, Chapter 43, § 633; chapter-043-united-states-magistrate-judges.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section634&num=0&edition=prelim). Thereafter, the Director shall, from time to time, make such surveys, general or local, as the conference shall deem expedient. (2) In the course of any survey, the Director shall take into account 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 (including 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 magistrate judges 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 magistrate judges. However, should the Director find, as a result of any such surveys, areas in which the employment of a full-time magistrate judge would not be feasible or desirable, he shall recommend the appointment of part-time United States magistrate judges 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 conference 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 634 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section634&num=0&edition=prelim). 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 therefor, 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 United 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, Locations, 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 courts, and the councils, change the number, locations, and salaries of full-time and part-time magistrate judges, as the expeditious administration of justice may require.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 631 — Appointment and tenure

**(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

28 U.S.C. § 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, at rates for full-time United States magistrate judges up to an annual rate equal to 92 percent of the salary of a judge of the district court of the United States, as determined pursuant to section 135, and at rates for part-time magistrate judges of not less than an annual salary of $100, nor more than one-half the maximum salary payable to a full-time magistrate judge. 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. Disbursement of salaries shall be made by or pursuant to the order of the Director. **(b)** Except as provided by section 8344, title 5, relating to reductions of the salaries of reemployed annuitants under subchapter III of chapter 83 of such title and unless the office has been terminated as provided in this chapter, the salary of a full-time United States magistrate judge shall not be reduced, during the term in which he is serving, below the salary fixed for him at the beginning of that term. **(c)** All United States magistrate judges, effective upon their taking the oath or affirmation of office, and all necessary legal, clerical, and secretarial assistants employed in the offices of full-time United States magistrate judges shall be deemed to be officers and employees in the judicial branch of the United States Government within the meaning of subchapter III (re

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 634

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 155 — Temporary transfer of bankruptcy judges

**(a)** A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district other than the judicial district for which such bankruptcy judge was appointed upon the approval of the judicial council of each of the circuits involved. **(b)** A bankruptcy judge who has retired may, upon consent, be recalled to serve as a bankruptcy judge in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a bankruptcy judge may receive a salary for such service in accordance with regulations promulgated by the Judicial Conference of the United States, subject to the restrictions on the payment of an annuity in [section 377 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim) or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such judge.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 395e to 395j — Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948

### Statutory Notes Section 395e, acts Apr. 19, 1930, ch. 200, § 6, 46 Stat. 228; June 25, 1938, ch. 684, § 1, 52 Stat. 1164; June 28, 1938, ch. 778, § 1, 52 Stat. 1213; Apr. 21, 1948, ch. 223, § 2, 62 Stat. 196, related to appointment and jurisdiction of United States commissioners. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure. Section 395f, act Apr. 19, 1930, ch. 200, § 7, 46 Stat. 228, related to issuance of process. See sections 3041 and 3141 of Title 18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix. Section 395g, act Apr. 19, 1930, ch. 200, § 8, 46 Stat. 229, related to whom process issued. See [section 3053 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3053&num=0&edition=prelim), rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix, and rule 4 of Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure. Section 395h, acts Apr. 19, 1930, ch. 200, § 9, 46 Stat. 229; June 25, 1938, ch. 684, § 2, 52 Stat. 1164; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, relating to commissioner’s [now magistrate judge’s] salary. See [section 633 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section633&num=0&edition=prelim). Section 395i, act Apr. 19, 1930, ch. 200, § 10, 46 Stat. 229, related to fees and costs chargeable to United States. See [section 604 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section604&num=0&edition=prelim). Section 395j, act Apr. 19, 1930, ch. 200, § 11, 46 Stat. 229, related to disposition of fines and costs. See [section 634 of Title 28](https://u

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 395e to 395j

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 633 — Determination of number, locations, and

Page 307 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 633 is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of this title. § 633. Determination of number, locations, and salaries of magistrate judges (a) SURVEYS BY THE DIRECTOR.— (1) The Director shall, within one year imme- diately following the date of the enactment of the Federal Magistrates Act, make a careful survey of conditions in judicial districts to de- termine (A) the number of appointments of full- time magistrates and part-time magistrates re- quired to be made under this chapter to provide for the expeditious and effective administration of justice, (B) the locations at which such offi- cers 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 the course of any survey, the Director shall take into account 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 (including such matters as may be as- signed under section 636(b) of this chapter), and any other material factors. The Director shall give consideration to suggestions from any in- terested parties, including district judges, United States magistrate judges or officers ap- pointed under this chapter,

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 633

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