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18 U.S.C. § 3165 — District plans—generally

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

18 U.S.C. § 3165 — District plans—generally

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Source location: Title 18, Chapter 208, § 3165; chapter-208-speedy-trial.md

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**(a)** Each district court shall conduct a continuing study of the administration of criminal justice in the district court and before United States magistrate judges of the district and shall prepare plans for the disposition of criminal cases in accordance with this chapter. Each such plan shall be formulated after consultation with, and after considering the recommendations of, the Federal Judicial Center and the planning group established for that district pursuant to section 3168. The plans shall be prepared in accordance with the schedule set forth in subsection (e) of this section. **(b)** The planning and implementation process shall seek to accelerate the disposition of criminal cases in the district consistent with the time standards of this chapter and the objectives of effective law enforcement, fairness to accused persons, efficient judicial administration, and increased knowledge concerning the proper functioning of the criminal law. The process shall seek to avoid underenforcement, overenforcement and discriminatory enforcement of the law, prejudice to the prompt disposition of civil litigation, and undue pressure as well as undue delay in the trial of criminal cases. **(c)** The plans prepared by each district court shall be submitted for approval to a reviewing panel consisting of the members of the judicial council of the circuit and either the chief judge of the district court whose plan is being reviewed or such other active judge of that court as the chief judge of that district court may designate. If approved by the reviewing panel, the plan shall be forwarded to the Administrative Office of the United States Courts, which office shall report annually on the operation of such plans to the Judicial Conference of the United States. **(d)** The district court may modify the plan at any time with the approval of the reviewing panel. It shall modify the plan when directed to do so by the reviewing panel or the Judicial Conference of the United States. Modifications shall be reported to the Administrative Office of the United States Courts. **(e)** (1) Prior to the expiration of the twelve-calendar-month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the second and third twelve-calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c). (2) Prior to the expiration of the thirty-six calendar month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the fourth and fifth twelve-calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c). (3) Not later than June 30, 1980, each United States district court with respect to which implementation has not been ordered under section 3174(c) shall prepare and submit a plan in accordance with subsections (a) through (d) to govern the trial or other disposition of offenses within the jurisdiction of such court during the sixth and subsequent twelve-calendar-month periods following the effective date of subsection 3161(b) and subsection 3161(c) in effect prior to the date of enactment of this paragraph. **(f)** Plans adopted pursuant to this section shall, upon adoption, and recommendations of the district planning group shall, upon completion, become public documents.

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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

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

18 U.S.C. § 3163 — Effective dates

**(a)** The time limitation in section 3161(b) of this chapter— (1) shall apply to all individuals who are arrested or served with a summons on or after the date of expiration of the twelve-calendar-month period following July 1, 1975; and (2) shall commence to run on such date of expiration to all individuals who are arrested or served with a summons prior to the date of expiration of such twelve-calendar-month period, in connection with the commission of an offense, and with respect to which offense no information or indictment has been filed prior to such date of expiration. **(b)** The time limitation in section 3161(c) of this chapter— (1) shall apply to all offenses charged in informations or indictments filed on or after the date of expiration of the twelve-calendar-month period following July 1, 1975; and (2) shall commence to run on such date of expiration as to all offenses charged in informations or indictments filed prior to that date. **(c)** Subject to the provisions of section 3174(c), section 3162 of this chapter shall become effective and apply to all cases commenced by arrest or summons, and all informations or indictments filed, on or after July 1, 1980.

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

18 U.S.C. § 3165 — District plans—generally

Page 735 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3166 Subsec. (b). Pub. L. 96–43, § 7(3), struck out provisions making trial priority provisions of this subsection ap- plicable during an interim period only and requiring the trial of any person detained or designated by the government as being of high risk on or before the first day of such interim period to commence no later than ninety days following the first day of the period and in- serted provision excluding the periods of delay specified in section 3161(h) of this title in computing the time limitation of this section. § 3165. District plans—generally (a) Each district court shall conduct a con- tinuing study of the administration of criminal justice in the district court and before United States magistrate judges of the district and shall prepare plans for the disposition of crimi- nal cases in accordance with this chapter. Each such plan shall be formulated after consultation with, and after considering the recommenda- tions of, the Federal Judicial Center and the planning group established for that district pur- suant to section 3168. The plans shall be pre- pared in accordance with the schedule set forth in subsection (e) of this section. (b) The planning and implementation process shall seek to accelerate the disposition of crimi- nal cases in the district consistent with the time standards of this chapter and the objec- tives of effective law enforcement, fairness to accused persons, efficient judicial administra- tion, and increased knowledge concerning the proper functioning of the criminal law. The process shall seek to avoid underenforcement, overenforcement and discriminatory enforce- ment of the law, prejudice to the prompt dis- position of civil litigation, and undue pressure

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