28 U.S.C. § 632 — Character of service

Page 306 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 632 magistrate selection standards and procedures by the Judicial Conference of the United States could only ex- ercise the jurisdiction conferred under section 636(c) of this title after having been reappointed under such standards and procedures or after having been certified as qualified to exercise such jurisdiction by the judicial council of the circuit in which the magistrate served. JUDICIAL CONFERENCE STUDY OF THE FUTURE OF THE MAGISTRATE SYSTEM Pub. L. 96–82, § 9, Oct. 10, 1979, 93 Stat. 647, provided for a study by the Judicial Conference of the United States to begin within 90 days after the effective date of Pub. L. 96–82, which was approved Oct. 10, 1979, and to be completed and made available to Congress within 24 months thereafter respecting the future of the mag- istrate system. AUTHORIZATION OF APPROPRIATIONS Pub. L. 96–82, § 10, Oct. 10, 1979, 93 Stat. 647, provided that: ‘‘Such sums as may be necessary to carry out the purposes of this Act [see Short Title of 1979 Amend- ment note above] are hereby authorized to be appro- priated for expenditure on or after October 1, 1979.’’ APPOINTMENT OF MAGISTRATES Pub. L. 90–578, title IV, § 401, Oct. 17, 1968, 82 Stat. 1118, provided that: ‘‘(a) No individual may serve as a United States com- missioner within any judicial district after the date on which a United States magistrate [now United States magistrate judge] assumes office in such judicial dis- trict. ‘‘(b) An individual serving as a United States com- missioner within any judicial district on the date of en- actment of this Act [Oct. 17, 1968] who is a member in good standing of the bar of the highest court of any State may be appointed to the office of United States magistrate for an initial term, and may be reappointed to such office for successive terms, notwithstanding his failure to meet the bar membership qualification im- posed by section 631(b)(1) of chapter 43, title 28, United States Code: Provided, however, That any appointment or reappointment of such an individual must be by unanimous vote of all the judges of the appointing dis- trict court or courts.’’ APPLICABLE LAW Pub. L. 90–578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, provided that: ‘‘(a) All provisions of law relating to the powers, du- ties, jurisdiction, functions, service, compensation, and facilities of United States commissioners, as such pro- visions existed on the day preceding the date of enact- ment of this Act [Oct. 17, 1968], shall continue in effect in each judicial district until but not on or after (1) the date on which the first United States magistrate [now United States magistrate judge] assumes office within such judicial district pursuant to section 631 of chapter 43, title 28, United States Code, as amended by this Act, or (2) the third anniversary of the date of enactment of this Act [Oct. 17, 1968], whichever date is earlier. ‘‘(b) On and after the date on which the first United States magistrate assumes office within any judicial district pursuant to section 631 of chapter 43, title 28, United States Code, as amended by this Act, or the third anniversary of the date of enactment of this Act [Oct. 17, 1968], whichever date is earlier— ‘‘(1) the provisions of chapter 43, title 28, United States Code, as amended by this Act [this chapter], shall be effective within such judicial district except as otherwise specifically provided by section 401(b) of this title [set out as Appointment of Magistrates note above]; and ‘‘(2) within such judicial district every reference to a United States commissioner contained in any pre- viously enacted statute of the United States (other than sections 8331(1)(E), 8332(i), 8701(a)(7), and 8901(1)(G) of title 5), any previously promulgated rule of any court of the United States, or any previously promulgated regulation of any executive department or agency of the United States, shall be deemed to be a reference to a United States magistrate duly ap- pointed under section 631 of chapter 43, title 28, United States Code, as amended by this Act. ‘‘(c) The administrative powers and duties of the Di- rector of the Administrative Office of the United States Courts with respect to United States commissioners under the provisions of chapter 41, title 28, United States Code, as such provisions existed on the day pre- ceding the date of enactment of this Act [Oct. 17, 1968], shall continue in effect until no United States commis- sioner remains in service.’’ SPECIAL COMMISSIONER FOR GRAND CANYON NATIONAL PARK; APPOINTMENT; JURISDICTION; COMPENSATION Pub. L. 86–258, Sept. 14, 1959, 73 Stat. 546, required the United States District Court for the District of Arizona to appoint a special commissioner for the Grand Can- yon National Park, Arizona, and provided for the term, jurisdiction, and salary of the commissioner. JURISDICTIONAL LIMITATION OF COMMISSIONER HOLDING OFFICE ON JULY 9, 1952 Act July 9, 1952, ch. 609, § 2, 66 Stat. 509, provided that the jurisdiction of the United States commissioner for the Great Smoky Mountains National Park on July 9, 1952, would be limited to the portion of the park situ- ated in North Carolina. § 632. Character of service (a) Full-time United States magistrate judges may not engage in the practice of law, and may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of their du- ties as judicial officers. (b) Part-time United States magistrate judges shall render such service as judicial officers as is required by law. While so serving they may en- gage in the practice of law, but may not serve as counsel in any criminal action in any court of the United States, nor act in any capacity that is, under such regulations as the conference may establish, inconsistent with the proper discharge of their office. Within such restrictions, they may engage in any other business, occupation, or employment which is not inconsistent with the expeditious, proper, and impartial perform- ance of their duties as judicial officers. (June 25, 1948, ch. 646, 62 Stat. 916; Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1110; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–578 substituted provisions as to char- acter of service of full-time and part-time United States magistrates for former provisions prescribing jurisdiction and powers of national park commissioners and practice and procedure before such officers. See section 636 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ wherever appearing in text 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 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, United States attor- neys, bar associations, and other parties having relevant experience or information. (3) The surveys shall be made with a view to- ward 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 appoint- ment 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 of- ficer 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. 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 there- for, 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 promul- gated. (c) CHANGES IN NUMBER, LOCATIONS, AND SALA- RIES.—Except as otherwise provided in this chapter, the conference may, from time to time, in the light of the recommendations of the Di- rector, 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. (June 25, 1948, ch. 646, 62 Stat. 916; Aug. 13, 1954, ch. 728, § 1(a), (b), 68 Stat. 704; Pub. L. 85–276, §§ 1, 2, Sept. 2, 1957, 71 Stat. 600; Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1111; Pub. L. 96–82, § 4, Oct. 10, 1979, 93 Stat. 645; Pub. L. 99–651, title II, § 202(d), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes REFERENCES IN TEXT Date of the enactment of the Federal Magistrates Act, referred to in subsec. (a)(1), means Oct. 17, 1968, the date of enactment of Pub. L. 90–578. AMENDMENTS 1986—Subsec. (b). Pub. L. 99–651 substituted ‘‘section 634’’ for ‘‘section 643’’. 1979—Subsec. (c). Pub. L. 96–82 struck out provision that determinations of the conference changing the number, locations, and salaries of full-time and part- time magistrates take effect sixty days after they are promulgated. 1968—Pub. L. 90–578 substituted provisions for deter- mination of number, locations, and salaries of mag- istrates, comprising subsecs. (a) to (c) of this section, relating to: surveys by the Director; determination by the conference; and changes in number, locations, and salaries’’, respectively, for prior provisions for fees and expenses of United States commissioners, prescribing in undesignated introductory provisions a $10,500 limi- tation for any one calendar year for certain enumer- ated services rendered, and in former subsec. (c) for ac- tual and necessary office expenses, including compensa- tion of a necessary clerical assistant, of United States commissioners performing full time duty in office and not engaged in practice of law, now covered in sections 634 and 635 of this title. 1957—Subsec. (a). Pub. L. 85–276, § 1, placed in subsec. (a) provisions of former subsec. (b) relating to limita- tion of compensation of commissioners and, among other charges, increased fees and compensation of com- missioners. Subsec. (b). Pub. L. 85–276, § 2, repealed subsec. (b) which limited compensation of commissioners. 1954—Act Aug. 13, 1954, inserted ‘‘and expenses’’ after ‘‘Fees’’ in section catchline. Subsec. (c). Act Aug. 13, 1954, added subsec. (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judges’’ and ‘‘magistrate judge’’ substituted for ‘‘magistrates’’ and ‘‘magistrate’’, re- spectively, in section catchline and, except for histor- ical references, wherever appearing in subsecs. (a)(2), (3), and (c) pursuant to section 321 of Pub. L. 101–650, set