§ 631. — Appointment and tenure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC631]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 43--UNITED STATES MAGISTRATE JUDGES
Sec. 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 appointing court or courts and the conference
find that no qualified individual who is a member of the bar is
available to serve at a specific location;
(2) He is determined by the appointing district court or courts to
be competent to perform the duties of the office;
(3) In the case of an individual appointed to serve in a national
park, he resides within the exterior boundaries of that park, or at some
place reasonably adjacent thereto;
(4) He is not related by blood or marriage to a judge of the
appointing court or courts at the time of his initial appointment; and
(5) He is selected pursuant to standards and procedures promulgated
by the Judicial Conference of the United States. Such standards and
procedures shall contain provision for public notice of all vacancies in
magistrate judge positions and for the establishment by the district
courts of merit selection panels, composed of residents of the
individual judicial districts, to assist the courts in identifying and
recommending persons who are best qualified to fill such positions.
(c) A magistrate judge may hold no other civil or military office or
employment under the United States: Provided, however, That, with the
approval of the conference, a part-time referee in bankruptcy or a clerk
or deputy clerk of a court of the United States may be appointed and
serve as a part-time United States magistrate judge, but the conference
shall fix the aggregate amount of compensation to be received for
performing the duties of part-time magistrate judge and part-time
referee in bankruptcy, clerk or deputy clerk: And provided further, That
retired officers and retired enlisted personnel of the Regular and
Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast
Guard, members of the Reserve components of the Army, Navy, Air Force,
Marine Corps, and Coast Guard, and members of the Army National Guard of
the United States, the Air National Guard of the United States, and the
Naval Militia and of the National Guard of a State, territory, or the
District of Columbia, except the National Guard disbursing officers who
are on a full-time salary basis, may be appointed and serve as United
States magistrate judges.
(d) Except as otherwise provided in sections 375 and 636(h) of this
title, no individual may serve under this chapter after having attained
the age of seventy years: Provided, however, That upon a majority vote
of all the judges of the appointing court or courts, which is taken upon
the magistrate judge's attaining age seventy and upon each subsequent
anniversary thereof, a magistrate judge who has attained the age of
seventy years may continue to serve and may be reappointed under this
chapter.
(e) The appointment of any individual as a full-time magistrate
judge shall be for a term of eight years, and the appointment of any
individuals as a part-time magistrate judge shall be for a term of four
years, except that the term of a full-time or part-time magistrate judge
appointed under subsection (k) \1\ shall expire upon--
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\1\ See References in Text note below.
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(1) the expiration of the absent magistrate judge's term,
(2) the reinstatement of the absent magistrate judge in regular
service in office as a magistrate judge,
(3) the failure of the absent magistrate judge to make timely
application under subsection (j) \1\ of this section for
reinstatement in regular service in office as a magistrate judge
after discharge or release from military service,
(4) the death or resignation of the absent magistrate judge, or
(5) the removal from office of the absent magistrate judge
pursuant to subsection (i) of this section,
whichever may first occur.
(f) Upon the expiration of his term, a magistrate judge may, by a
majority vote of the judges of the appointing district court or courts
and with the approval of the judicial council of the circuit, continue
to perform the duties of his office until his successor is appointed, or
for 180 days after the date of the expiration of the magistrate judge's
term, whichever is earlier.
(g) Each individual appointed as a magistrate judge under this
section shall take the oath or affirmation prescribed by section 453 of
this title before performing the duties of his office.
(h) Each appointment made by a judge or judges of a district court
shall be entered of record in such court, and notice of such appointment
shall be given at once by the clerk of that court to the Director.
(i) Removal of a magistrate judge during the term for which he is
appointed shall be only for incompetency, misconduct, neglect of duty,
or physical or mental disability, but a magistrate judge's office shall
be terminated if the conference determines that the services performed
by his office are no longer needed. Removal shall be by the judges of
the district court for the judicial district in which the magistrate
judge serves; where there is more than one judge of a district court,
removal shall not occur unless a majority of all the judges of such
court concur in the order of removal; and when there is a tie vote of
the judges of the district court on the question of the removal or
retention in office of a magistrate judge, then removal shall be only by
a concurrence of a majority of all the judges of the council. In the
case of a magistrate judge appointed under the third sentence of
subsection (a) of this section, removal shall not occur unless a
majority of all the judges of the appointing district courts concur in
the order of removal; and where there is a tie vote on the question of
the removal or retention in office of a magistrate judge, then removal
shall be only by a concurrence of a majority of all the judges of the
council or councils. Before any order or removal shall be entered, a
full specification of the charges shall be furnished to the magistrate
judge, and he shall be accorded by the judge or judges of the removing
court, courts, council, or councils an opportunity to be heard on the
charges.
(j) Upon the grant by the appropriate district court or courts of a
leave of absence to a magistrate judge entitled to such relief under
chapter 43 of title 38, such court or courts may proceed to appoint, in
the manner specified in subsection (a) of this section, another
magistrate judge, qualified for appointment and service under
subsections (b), (c), and (d) of this section, who shall serve for the
period specified in subsection (e) of this section.
(k) A United States magistrate judge appointed under this chapter
shall be exempt from the provisions of subchapter I of chapter 63 of
title 5.
(June 25, 1948, ch. 646, 62 Stat. 915; May 24, 1949, ch. 139, Sec. 73,
63 Stat. 100; July 9, 1952, ch. 609, Sec. 1, 66 Stat. 509; July 25,
1956, ch. 722, 70 Stat. 642; Pub. L. 90-578, title I, Sec. 101, Oct. 17,
1968, 82 Stat. 1108; Pub. L. 94-520, Sec. 2, Oct. 17, 1976, 90 Stat.
2458; Pub. L. 95-598, title II, Sec. 231, Nov. 6, 1978, 92 Stat. 2665;
Pub. L. 96-82, Sec. 3(a)-(d), Oct. 10, 1979, 93 Stat. 644, 645; Pub. L.
97-230, Aug. 6, 1982, 96 Stat. 255; Pub. L. 99-651, title II,
Sec. 201(a)(1), Nov. 14, 1986, 100 Stat. 3646; Pub. L. 100-659, Sec. 5,
Nov. 15, 1988, 102 Stat. 3918; Pub. L. 100-702, title X,
Sec. 1003(a)(2), Nov. 19, 1988, 102 Stat. 4665; Pub. L. 101-45, title
II, Sec. 104, June 30, 1989, 103 Stat. 122; Pub. L. 101-650, title III,
Secs. 308(b), 321, Dec. 1, 1990, 104 Stat. 5112, 5117; Pub. L. 103-353,
Sec. 2(c), Oct. 13, 1994, 108 Stat. 3169; Pub. L. 106-518, title II,
Sec. 201, Nov. 13, 2000, 114 Stat. 2412.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Secs. 526 and 527, sections 27,
66, 80e, 100, 117e, 129, 172, 198e, 204e, 256d, 395e, 403c-5, 403h-5,
404c-5, and 408m of title 16, U.S.C., 1940 ed., Conservation, and
section 863 of title 48, U.S.C., 1940 ed., Territories and Insular
Possessions (May 27, 1894, ch. 72, Sec. 5, 28 Stat. 74; May 28, 1896,
ch. 252, Secs. 19, 20, 29 Stat. 184; Apr. 12, 1900, ch. 191, Sec. 34, 31
Stat. 84; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231,
Sec. 291, 36 Stat. 1167; Jan. 7, 1913, ch. 6, 37 Stat. 648; Aug. 22,
1914, ch. 264, Sec. 6, 38 Stat. 700; June 30, 1916, ch. 197, Sec. 6, 39
Stat. 245; Aug. 21, 1916, ch. 368, Sec. 6, 39 Stat. 523; Mar. 2, 1917,
ch. 145, Sec. 41, 39 Stat. 965; June 2, 1920, ch. 218, Secs. 7, 8, 41
Stat. 733; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; Dec. 13, 1926,
ch. 6, Sec. 1, 44 Stat. 919; Apr. 25, 1928, ch. 434, Sec. 6, 45 Stat.
460; Apr. 26, 1928, ch. 438, Sec. 6, 45 Stat. 464; Mar. 2, 1929, ch.
583, Sec. 6, 45 Stat. 1538; Apr. 19, 1930, ch. 200, Sec. 6, 46 Stat.
228; June 25, 1935, ch. 309, Sec. 1, 49 Stat. 422; Aug. 19, 1937, ch.
703, Sec. 5, 50 Stat. 702; Mar. 26, 1938, ch. 51, Sec. 2, 52 Stat. 118;
June 25, 1938, ch. 684, Sec. 1, 52 Stat. 1164; June 28, 1938, ch. 778,
Sec. 1, 52 Stat. 1213; Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43; Mar.
6, 1942, ch. 150, Sec. 5, 56 Stat. 134; Mar. 6, 1942, ch. 151, Sec. 5,
56 Stat. 137; Apr. 29, 1942, ch. 264, Sec. 5, 56 Stat. 260; June 5,
1942, ch. 341, Sec. 5, 56 Stat. 318; Dec. 28, 1945, ch. 592, 59 Stat.
659, 660; Apr. 23, 1946, ch. 202, Sec. 1, 60 Stat. 119, 120).
Section consolidates section 526 and a portion of 527, both of title
28, U.S.C., 1940 ed., with provisions of sections 27, 66, 80e, 100,
117e, 129, 172, 198e, 204e, 256d, 395e, 403c-5, 403h-5, 404c-5 and 408m
of title 16, U.S.C., 1940 ed., and provisions of section 863 of title
48, U.S.C., 1940 ed., Territories and Insular Possessions, relating to
appointment of United States commissioners. For other provisions of said
sections see Distribution Table.
Some of the provisions of section 863 of title 48, U.S.C., 1940 ed.,
Territories and Insular Possessions were retained in that title.
The provision of sections 395e, 403c-5, 404c-5, and 408m of title
16, U.S.C., 1940 ed., for appointment of the Park Commissioner in the
Hawaii National Park, Shenandoah National Park, Great Smoky Mountains
National Park, Mammoth Cave National Park and Isle Royale National Park
upon ``the recommendation of the Secretary of the Interior'' was omitted
as inconsistent not only with other provisions of this title but with
other statutes applicable to other national parks.
All such park commissioners are United States commissioners and the
revision of these sections makes possible uniformity and consistency in
administrative matters concerning such commissioners. (See, also,
sections 604 and 634 of this title.)
Words ``the Director of the Administrative Office of the United
States Courts'' were substituted for ``Attorney General'' in section 526
of title 28, U.S.C., 1940 ed., in view of the general supervision by the
Director over clerks and commissioners under section 601 et seq. of this
title.
See, also, section 751 of this title prohibiting clerks from
receiving compensation in another capacity.
First sentence of subsection (b) was substituted for the provision
in section 527 of title 28, U.S.C., 1940 ed., prohibiting specified
persons from acting as commissioners.
Words ``at such places in the district as may be designated by the
district court,'' in section 526 of title 28, U.S.C., 1940 ed., were
omitted as unnecessary.
A provision in section 526 of title 28, U.S.C., 1940 ed., that
commissioners should have the same powers and duties as are conferred
and imposed by law, was omitted as superfluous.
The phrase in sections 526 and 527 of title 16, U.S.C., 1940 ed.,
``except as provided in section 591'' and section 591, the effect of
which was to except Alaska from this section, were omitted as
unnecessary. This revised section by its terms limits the section and
chapter 43 of this title to commissioners appointed by a ``district
court,'' which includes the courts enumerated in chapter 5 of this title
but not those of Alaska, Canal Zone, or Virgin Islands.
Sections from title 16, U.S.C., 1940 ed., contained no tenure
provisions.
Changes in phraseology were made.
Prior residence requirement for national park commissioners in
section 635.--Based on sections 1a and 403c-9 of title 16, U.S.C., 1940
ed., Conservation (Aug. 19, 1937, ch. 703, Sec. 8, 50 Stat. 702; June
28, 1938, ch. 778, Sec. 1, 52 Stat. 1213).
Section consolidates section 1a with part of section 403c-9 of title
16, U.S.C., 1940 ed., relating to residence of a national park
commissioner.
The provisions of sections 1a and 403c-9 of title 16, U.S.C., 1940
ed., relating to designation by the Secretary of the Interior of some
place of residence reasonably adjacent to the park was modified by
making such designation subject to the approval of the appointing court.
Senate Revision Amendment
By Senate amendment, ``Big Bend'' and ``Crater Lake'' were inserted
in subsection (a) of this section, and section 158a of title 16, U.S.C.,
which was derived from act May 15, 1947, ch. 55, Sec. 1, 61 Stat. 91,
accordingly became an additional source of this section, such Act being
included in the schedule of repeals. See 80th Congress Senate Report No.
1559.
As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, which
amended section 403c-5 of title 16, U.S.C., became an additional source
of this section and was accordingly included in the schedule of repeals
by Senate amendment. See 80th Congress Senate Report No. 1559.
1949 Act
This amendment conforms the language of section 631(b) to the
provisions of section 35 of the Bankruptcy Act, as amended by the act of
June 28, 1946 (Sec. 3, 60 Stat. 324), that full-time referees in
bankruptcy may not be appointed United States Commissioners.
This amendment also removes an ambiguity from section 631(b) by
making it clear that the Director of the Administrative Office of the
United States Courts has power to establish maximum limits of
compensation to be received for performing the combined offices of
commissioner and clerk or deputy clerk. This was the intent of sections
631 and 751 of title 28. (See the fifteenth paragraph of the reviser's
note to the latter section, H. Rept. No. 308, April 25, 1947, p. A90, to
accompany H.R. 3214, 80th Cong.)
References in Text
Subsections (j) and (k) of this section, referred to in subsec. (e),
probably mean subsecs. (j) and (k) prior to amendment by Pub. L. 103-
353, Sec. 2(c)(1), (2), Oct. 13, 1994, 108 Stat. 3169, which
redesignated subsec. (k) as (j) and struck out former subsec. (j).
Amendments
2000--Subsec. (a). Pub. L. 106-518, Sec. 201(1), substituted ``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.'' for ``The judges of each United States district court and the
district court of the Virgin Islands shall appoint United States
magistrate judges in such numbers and to serve at such locations within
the judicial district as the conference may determine under this
chapter. In the case of a magistrate appointed by the district court of
the Virgin Islands, this chapter shall apply as though the court
appointing such magistrate judge were a United States district court.''
Subsec. (b)(1). Pub. L. 106-518, Sec. 201(2), inserted ``the
Territory of Guam, the Commonwealth of the Northern Mariana Islands,''
after ``Commonwealth of Puerto Rico,''.
1994--Subsec. (j). Pub. L. 103-353, Sec. 2(c), redesignated subsec.
(k) as (j), substituted ``chapter 43 of title 38'' for ``the terms of
subsection (i) of this section'', and struck out former subsec. (j)
which related to uncompensated leave of absence for magistrate inducted
into the Armed Forces and reinstatement as magistrate in regular
service.
Subsecs. (k), (l). Pub. L. 103-353, Sec. 2(c)(2), redesignated
subsecs. (k) and (l) as (j) and (k), respectively.
1990--Subsec. (f). Pub. L. 101-650 substituted ``180'' for ``60''.
1989--Subsec. (b)(1). Pub. L. 101-45 struck out ``and he is a member
in good standing of the bar of the highest court of the State in which
he is to serve, or, in the case of an individual appointed to serve--
``(A) in the District of Columbia, a member in good standing of
the bar of the United States district court for the District of
Columbia; or
``(B) in the Commonwealth of Puerto Rico, a member in good
standing of the bar of the Supreme Court of Puerto Rico, and in the
Virgin Islands of the United States, a member in good standing of
the bar of the district court of the Virgin Islands;'' after
``Virgin Islands of the United States,'' and struck out ``the first
sentence of'' before ``this paragraph''.
1988--Subsec. (e). Pub. L. 100-659 substituted ``(k)'' for ``(j)''
in introductory text, ``(j)'' for ``(i)'' in par. (3), and ``(i)'' for
``(h)'' in par. (5).
Subsec. (l). Pub. L. 100-702 added subsec. (l).
1986--Subsec. (d). Pub. L. 99-651 substituted ``Except as otherwise
provided in sections 375 and 636(h) of this title, no'' for ``No'', and
``a majority'' for ``the unanimous'', and inserted ``which is taken upon
the magistrate's attaining age seventy and upon each subsequent
anniversary thereof,'' after ``courts,''.
1982--Subsec. (b)(1). Pub. L. 97-230 substituted ``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, or the Virgin Islands of the United States, and he is a member''
for ``He is, and has been for at least five years, a member''.
1979--Subsec. (a). Pub. L. 96-82, Sec. 3(a), substituted ``Where the
conference deems it desirable, a magistrate may be designated to serve
in one or more districts adjoining the district for which he is
appointed'' and ``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 in the
adjoining district or districts'' for ``Where an area under the
administration of the National Park Service, or the United States Fish
and Wildlife Service, or any other Federal agency, extends into two or
more judicial districts and it is deemed desirable by the conference
that the territorial jurisdiction of a magistrate's appointment include
the entirety of such area, the appointment or reappointment shall be
made by the concurrence of a majority of all judges of the district
courts of the judicial districts involved, and where there is no such
concurrence by the concurrence of the chief judges of such district
courts''.
Subsec. (b). Pub. L. 96-82, Sec. 3(b), substituted ``appointed or
reappointed to serve'' for ``appointed or serve'' in provisions
preceding par. (1), inserted ``, and has been for at least 5 years,''
after ``He is'' in provisions of par. (1) preceding subpar. (A), struck
out subpar. (C) relating to service by members an good standing of the
bar of the highest court of one of the two or more States where the area
involved is under the administration of the National Park Service, the
United States Fish and Wildlife Service, or any other Federal agency
that extends to two or more States.
Subsec. (b)(5). Pub. L. 96-82, Sec. 3(c), added par. (5).
Subsec. (f). Pub. L. 96-82, Sec. 3(d)(2), added subsec. (f). Former
subsec. (f) redesignated (g).
Subsecs. (g) to (k). Pub. L. 96-82, Sec. 3(d)(1), redesignated
former subsecs. (f) to (j) as (g) to (k), respectively.
1978--Subsec. (c). Pub. L. 95-598 directed the amendment of subsec.
(c) by substituting ``of the conference,'' for ``of the conference, a
part-time referee in bankruptcy or'' and ``magistrate and'' for
``magistrate and part-time referee in bankruptcy,'', which amendment did
not become effective pursuant to section 402(b) of Pub. L. 95-598, as
amended, set out as an Effective Date note preceding section 101 of
Title 11, Bankruptcy.
1976--Subsec. (a). Pub. L. 94-520, Sec. 2(1), (2), inserted ``and
the district court of the Virgin Islands'' after ``United States
district court'', and provided that in the case of a magistrate
appointed by the district court of the Virgin Islands, this chapter was
to apply as though the appointing court were a United States District
Court.
Subsec. (b). Pub. L. 94-520, Sec. 2(3), provided that a magistrate
appointed under this chapter to serve in the Virgin Islands, must be a
member in good standing of the bar of the district court of the Virgin
Islands.
1968--Pub. L. 90-578 revised provisions of this section generally as
described for subsecs. (a) to (j) hereunder, substituting provisions for
appointment and tenure of magistrates for appointment and tenure of
commissioners.
Subsec. (a). Pub. L. 90-578 provided for determination of number of
appointees by the conference, rather than by the district court,
authorized the determination of location of service, omitted as
superseded by existing provisions prior provisions for appointments for
certain specified national parks, required appointments in a district
court with more than one judge to be concurred in by majority of all the
judges, and by the chief judge in absence of such concurrence, required
such concurrence of judges of district courts or concurrence of chief
judges in absence of such concurrence by the judges where appointments
are for an area under administration of the National Park Service, or
the United States Fish and Wildlife Service, or any other Federal
agency, which extends into more than one judicial district which should
be served in its entirety by one magistrate, and omitted last par.
prescribing appointment record and notice. See subsec. (g) of this
section.
Subsec. (b). Pub. L. 90-578 added subsec. (b). Prior provisions
which were eliminated prohibited holding dual offices when the person
held a civil or military office or employment under the United States or
was employed by a Federal justice or judge, but such restriction was
made inapplicable to a part-time referee in bankruptcy, or to a clerk or
deputy clerk of a Federal court when approved by the Director and
compensated in an aggregate amount fixed by the Director for performance
of dual duties. See subsec. (c) of this section.
Subsec. (c). Pub. L. 90-578 incorporated provisions of former
subsec. (b) of this section in provisions designated as subsec. (c),
omitted express restriction against holding dual offices when employed
by a Federal justice or judge, provided for approval of the conference
with respect to part-time service as a magistrate of part-time referee
in bankruptcy or clerk or deputy clerk of a Federal court, formerly
requiring approval of the Director as to service of clerk or deputy
clerk of court as a commissioner, made former provisions as to aggregate
amount of compensation for service as clerk or deputy clerk of court and
commissioner applicable to part-time service as magistrate of part-time
referee in bankruptcy, clerk and deputy clerk of court, and authorized
appointment of retired military personnel, except National Guard
disbursing officers who are on a full-time salary basis, as United
States magistrates. Former subsec. (c) which provided for a four year
term of office of commissioner unless sooner removed by the district
court. See subsecs. (e) and (h) of this section.
Subsec. (d). Pub. L. 90-578 added subsec. (d).
Subsec. (e). Pub. L. 90-578 substituted provisions designated as
subsec. (e) for term of office of eight and four years for full-time and
part-time officers and for expiration of term of office for provisions
of former subsec. (c) of this section for term of four years unless
sooner removed by the district court.
Subsec. (f). Pub. L. 90-578 added subsec. (f).
Subsec. (g). Pub. L. 90-578 incorporated provisions of last par. of
former subsec. (a) of this section in provisions designated as subsec.
(g) and provided expressly for appointment by a judge or judges of a
district court.
Subsecs. (h) to (j). Pub. L. 90-578 added subsecs. (h) to (j).
1956--Subsec. (a). Act July 25, 1956, provided for two United States
Commissioners for the Cumberland Gap National Historical Park.
1952--Subsec. (a). Act July 9, 1952, provided for two United States
Commissioners for the Great Smoky Mountains National Park, in place of
one.
1949--Subsec. (b). Act May 24, 1949, amended second sentence
generally. Prior to amendment, second sentence read as follows: ``This
subsection shall not apply to a referee in bankruptcy nor shall it apply
to a clerk or deputy clerk of a court of the United States whose
appointment as commissioner is approved by the Director of the
Administrative Office of the United States Courts.''
Change of Name
``United States magistrate judges'', ``magistrate judge'', and
``magistrate judge's'' substituted for ``United States magistrates'',
``magistrate'', and ``magistrate's'', respectively, wherever appearing
in text pursuant to section 321 of Pub. L. 101-650, set out as a note
below.
Section 321 of Pub. L. 101-650 provided that: ``After the enactment
of this Act [Dec. 1, 1990], each United States magistrate appointed
under section 631 of title 28, United States Code, shall be known as a
United States magistrate judge, and any reference to any United States
magistrate or magistrate that is contained in title 28, United States
Code, in any other Federal statute, or in any regulation of any
department or agency of the United States in the executive branch that
was issued before the enactment of this Act, shall be deemed to refer to
a United States magistrate judge appointed under section 631 of title
28, United States Code.''
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-353 effective with respect to reemployments
initiated on or after the first day after the 60-day period beginning
Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103-353,
set out as an Effective Date note under section 4301 of Title 38,
Veterans' Benefits.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and applicable
to bankruptcy judges and magistrate judges who retire on or after Nov.
15, 1988, with exception for judges and magistrate judges retiring on or
after July 31, 1987, see section 9 of Pub. L. 100-659, as amended, set
out as an Effective Date note under section 377 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203
of Pub. L. 99-651, set out as a note under section 155 of this title.
Effective Date of 1979 Amendment
Section 3(g) of Pub. L. 96-82 provided that: ``The amendment made by
subsection (c) of this section [amending this section] shall not take
effect until 30 days after the meeting of the Judicial Conference of the
United States next following the effective date of this Act [Oct. 10,
1979].'' [The meeting of the Judicial Conference took place on Mar. 5
and 6, 1980.]
Effective Date of 1968 Amendment
Section 403 of Pub. L. 90-578 provided that: ``Except as otherwise
provided by sections 401 and 402 of this title [set out as Appointment
of Magistrates and Applicable Law notes below], this Act [amending this
chapter and sections 202, 3006A, 3041, 3043, 3045, 3060, 3102, 3116,
3184, 3191, 3195, 3401, 3402, 3569, and 3771 of Title 18, Crimes and
Criminal Procedure, and enacting provisions set out as notes under this
section] shall take effect on the date of its enactment [Oct. 17,
1968].''
Short Title of 1979 Amendment
Section 1 of Pub. L. 96-82 provided: ``That this Act [amending this
section, sections 604, 633, 634, 635, 636, and 1915 of this title, and
section 3401 of Title 18, Crimes and Criminal Procedure, and enacting
provisions set out as notes under this section] may be cited as the
`Federal Magistrate Act of 1979'.''
Short Title
Section 1 of Pub. L. 90-578 provided: ``That this Act [amending this
chapter and sections 202, 3006A, 3041, 3043, 3045, 3060, 3102, 3116,
3184, 3191, 3195, 3401, 3402, 3569, and 3771 of Title 18, Crimes and
Criminal Procedure, and enacting provisions set out as notes under this
section] may be cited as the `Federal Magistrates Act'.''
Separability
Section 501 of Pub. L. 90-578 provided that: ``If any provision of
this Act [amending this chapter and sections 202, 3006A, 3041, 3043,
3045, 3060, 3102, 3116, 3184, 3191, 3195, 3401, 3402, 3569, and 3771 of
Title 18, Crimes and Criminal Procedure, and enacting provisions set out
as notes under this section] or the application thereof to any person or
circumstances is held invalid, the validity of the remainder of the Act
and of its application to other persons and circumstances shall not be
affected.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Due Consideration by Merit Selection Panels of Women, Blacks, Hispanics,
and Other Minorities
Section 3(e) of Pub. L. 96-82 provided that: ``The merit selection
panels established under section 631(b)(5) of title 28, United States
Code, in recommending persons to the district court, shall give due
consideration to all qualified individuals, especially such groups as
women, blacks, Hispanics, and other minorities.''
Magistrates Serving Prior to Promulgation of Magistrate Selection
Standards and Procedures by Judicial Conference; Reappointment;
Certification as Qualified
Section 3(f) of Pub. L. 96-82 provided that magistrates serving
prior to the promulgation of magistrate selection standards and
procedures by the Judicial Conference of the United States could only
exercise 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
Section 9 of Pub. L. 96-82 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 magistrate system.
Authorization of Appropriations
Section 10 of Pub. L. 96-82 provided that: ``Such sums as may be
necessary to carry out the purposes of this Act [see Short Title of 1979
Amendment note above] are hereby authorized to be appropriated for
expenditure on or after October 1, 1979.''
Appointment of Magistrates
Section 401 of Pub. L. 90-578 provided that:
``(a) No individual may serve as a United States commissioner within
any judicial district after the date on which a United States magistrate
[now United States magistrate judge] assumes office in such judicial
district.
``(b) An individual serving as a United States commissioner within
any judicial district on the date of enactment 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 imposed 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 district court or courts.''
Applicable Law
Section 402 of Pub. L. 90-578 provided that:
``(a) All provisions of law relating to the powers, duties,
jurisdiction, functions, service, compensation, and facilities of United
States commissioners, as such provisions existed on the day preceding
the date of enactment 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 State 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 previously 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 appointed under section 631 of chapter 43, title 28,
United States Code, as amended by this Act.
``(c) The administrative powers and duties of the Director 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 preceding the
date of enactment of this Act [Oct. 17, 1968], shall continue in effect
until no United States commissioner 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 Canyon National Park, Arizona, and provided
for the term, jurisdiction, and salary of the commissioner.
Jurisdictional Limitation of Commissioner Holding Office on July 9, 1952
Section 2 of act July 9, 1952, 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 situated in
North Carolina.
Section Referred to in Other Sections
This section is referred to in sections 354, 372, 377, 604, 636, 751
of this title; title 5 section 8331.
