18 U.S.C. § 5034 — Duties of magistrate judge

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 L. 93–415, title V, § 503, Sept. 7, 1974, 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152. § 5034. Duties of magistrate judge The magistrate judge shall insure that the ju- venile is represented by counsel before pro- ceeding 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 ade- quate representation. In cases where the juve- nile and his parents, guardian, or custodian are financially able to obtain adequate representa- tion but have not retained counsel, the mag- istrate 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. The magistrate judge may appoint a guardian ad litem if a parent or guardian of the juvenile is not present, or if the magistrate judge has reason to believe that the parents or guardian will not cooperate with the juvenile in preparing for trial, or that the interests of the parents or guardian and those of the juvenile are adverse. If the juvenile has not been discharged before his initial appearance before the magistrate judge, the magistrate judge shall release the ju- venile to his parents, guardian, custodian, or other responsible party (including, but not lim- ited to, the director of a shelter-care facility) upon their promise to bring such juvenile before the appropriate court when requested by such court unless the magistrate judge determines, after hearing, at which the juvenile is rep- resented by counsel, that the detention of such juvenile is required to secure his timely appear- ance before the appropriate court or to insure his safety or that of others. (June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 87–428, Mar. 31, 1962, 76 Stat. 52; Pub. L. 93–415, title V, § 504, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 100–690, title VII, § 7045, Nov. 18, 1988, 102 Stat. 4400; 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., § 924 (June 16, 1938, ch. 486, § 4, 52 Stat. 765). The words ‘‘foster homes’’ were inserted to remove any doubt as to the authority to commit to such foster homes in accordance with past and present administra- tive practice. The reference to particular sections dealing with pro- bation was omitted as unnecessary. Changes were made in phraseology and arrangement. Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 substituted ‘‘facility) upon’’ for ‘‘facility upon’’ in last par. 1974—Pub. L. 93–415 amended section generally, sub- stituting ‘‘Duties of magistrate’’, for ‘‘Probation; com- mitment to custody of Attorney General; support’’ in section catchline, and substituting provisions relating to procedure before, and duties of, magistrate, for pro- visions relating to probation, commitment to custody of Attorney General, duties of Attorney General, and procedures aiding court in determining whether to place juvenile on probation or commit him to custody of Attorney General. 1962—Pub. L. 87–428 added fourth par. authorizing commitment of a juvenile delinquent to the custody of the Attorney General for observation and study. 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, § 504, Sept. 7, 1974, 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152. § 5035. Detention prior to disposition A juvenile alleged to be delinquent may be de- tained only in a juvenile facility or such other suitable place as the Attorney General may des- ignate. Whenever possible, detention shall be in a foster home or community based facility lo- cated in or near his home community. The At- torney General shall not cause any juvenile al- leged to be delinquent to be detained or confined in any institution in which the juvenile has reg- ular contact with adult persons convicted of a crime or awaiting trial on criminal charges. In- sofar as possible, alleged delinquents shall be