§ 633. — Determination of number, locations, and salaries of magistrate judges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC633]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 43--UNITED STATES MAGISTRATE JUDGES
Sec. 633. Determination of number, locations, and salaries of
magistrate judges
(a) Surveys by the Director.--
(1) The Director shall, within one year immediately following the
date of the enactment of the Federal Magistrates Act, make a careful
survey of conditions in judicial districts to determine (A) the number
of appointments of full-time magistrates and part-time magistrates
required to be made under this chapter to provide for the expeditious
and effective administration of justice, (B) the locations at which such
officers 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 assigned under section 636(b) of this
chapter), and any other material factors. The Director shall give
consideration to suggestions from any interested parties, including
district judges, United States magistrate judges or officers appointed
under this chapter, United States attorneys, bar associations, and other
parties having relevant experience or information.
(3) The surveys shall be made with a view toward 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 appointment 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 officer 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 therefor, 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 promulgated.
(c) Changes in Number, Locations, and Salaries.--Except as otherwise
provided in this chapter, the conference may, from time to time, in the
light of the recommendations of the Director, 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,
Sec. 1(a), (b), 68 Stat. 704; Pub. L. 85-276, Secs. 1, 2, Sept. 2, 1957,
71 Stat. 600; Pub. L. 90-578, title I, Sec. 101, Oct. 17, 1968, 82 Stat.
1111; Pub. L. 96-82, Sec. 4, Oct. 10, 1979, 93 Stat. 645; Pub. L. 99-
651, title II, Sec. 202(d), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 101-
650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
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 determination of
number, locations, and salaries of magistrates, 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 limitation for any one calendar year for certain
enumerated services rendered, and in former subsec. (c) for actual and
necessary office expenses, including compensation 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, Sec. 1, placed in subsec. (a)
provisions of former subsec. (b) relating to limitation of compensation
of commissioners and, among other charges, increased fees and
compensation of commissioners.
Subsec. (b). Pub. L. 85-276, Sec. 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).
Change of Name
Words ``magistrate judges'' and ``magistrate judge'' substituted for
``magistrates'' and ``magistrate'', respectively, in section catchline
and, except for historical references, wherever appearing in subsecs.
(a)(2), (3), and (c) pursuant to section 321 of Pub. L. 101-650, set out
as a note under section 631 of this title. Previously, ``United States
magistrates'' substituted for ``United States commissioners'' in subsec.
(a)(2) pursuant to Pub. L. 90-578.
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 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 amendment 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.
Section Referred to in Other Sections
This section is referred to in section 634 of this title.
