28 U.S.C. § 639 — Definitions

Page 315 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 639 (b) All property furnished to any such officer shall remain the property of the United States and, upon the termination of his term of office, shall be transmitted to his successor in office or otherwise disposed of as the Director orders. (c) The Director shall furnish to each United States magistrate judge appointed under this chapter an official impression seal in a form pre- scribed by the conference. Each such officer shall affix his seal to every jurat or certificate of his official acts without fee. (June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 528, 528a (June 28, 1906, ch. 3573, 34 Stat. 546; July 10, 1946, ch. 548, 60 Stat. 525). Section consolidates section 528 and part of section 528a of title 28, U.S.C., 1940 ed., with changes in phrase- ology necessary to effect consolidation. Provisions of section 528a of title 28, U.S.C., 1940 ed., relating to dockets and forms, are incorporated in sec- tion 639 of this title. Words ‘‘Director of the Administrative Office of the United States Courts’’ were substituted for ‘‘Attorney General’’, contained in section 528 of title 28, U.S.C., 1940 ed., in view of Act Aug. 7, 1939, ch. 501, § 6, 53 Stat. 1226, 28 U.S.C., 1940 ed., following § 446, giving the Direc- tors supervision of court administrative matters. Changes in phraseology were made. Editorial Notes AMENDMENTS 1968—Subsec. (a). Pub. L. 90–578 incorporated in provi- sions designated as subsec. (a) provisions of first par. of former section 639 of this title, substituting ‘‘United States magistrates’’ for prior designation as ‘‘United States Commissioners’’, specifying that the copy of the United States Code be a current edition, and dispensing with approval by the chief judge of the district court for a copy of such Code. Subsec. (b). Pub. L. 90–578 incorporated in provisions designated as subsec. (b) provisions of the second par. of former section 639 of this title. Subsec. (c). Pub. L. 90–578 designated existing provi- sions as subsec. (c), and substituted ‘‘United States magistrate’’ for ‘‘United States commissioner’’, provi- sion for appointment under this chapter rather than after July 10, 1946, provision that the form of the seal be prescribed by the conference rather than the Direc- tor, and ‘‘without fee’’ for ‘‘without additional fee’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ and ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrates’’ and ‘‘United States magistrate’’, respectively, in subsecs. (a) and (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which 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. § 639. Definitions As used in this chapter— (1) ‘‘Conference’’ shall mean the Judicial Conference of the United States; (2) ‘‘Council’’ shall mean the Judicial Coun- cil of the Circuit; (3) ‘‘Director’’ shall mean the Director of the Administrative Office of the United States Courts; (4) ‘‘Full-time magistrate judge’’ shall mean a full-time United States magistrate judge; (5) ‘‘Part-time magistrate judge’’ shall mean a part-time United States magistrate judge; and (6) ‘‘United States magistrate judge’’ and ‘‘magistrate judge’’ shall mean both full-time and part-time United States magistrate judges. (June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 528a (July 10, 1946, ch. 548, 60 Stat. 525). Provisions of section 528a of title 28, U.S.C., 1940 ed., for furnishing seal is included in section 638 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1968—Pub. L. 90–578 substituted definition provisions for prior requirements obligating the Director to fur- nish docket books and forms to United States commis- sioners and, with approval of the chief judge of the dis- trict court, a copy of the United States Code, declaring such property to remain United States property, and calling for transmission of such property to successors in office or for its disposal as directed by the Director, now incorporated in section 638(a) and (b) of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ and ‘‘magistrate judges’’ substituted for ‘‘magistrate’’ and ‘‘magistrates’’, re- spectively, wherever appearing in text pursuant to sec- tion 321 of Pub. L. 101–650, set out as a note under sec- tion 631 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which 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. CHAPTER 44—ALTERNATIVE DISPUTE RESOLUTION Sec. 651. Authorization of alternative dispute resolu- tion. 652. Jurisdiction. 653. Neutrals. 654. Arbitration. 655. Arbitrators. 656. Subpoenas. 657. Arbitration award and judgment. 658. Compensation of arbitrators and neutrals. Editorial Notes AMENDMENTS 1998—Pub. L. 105–315, § 12(b)(1), (2), Oct. 30, 1998, 112 Stat. 2998, substituted ‘‘ALTERNATIVE DISPUTE