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28 U.S.C. § 633 — Determination of number, locations, and salaries of magistrate judges

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 551 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section directs the Director to survey judicial districts and recommend the number, locations, and salaries of full-time and part-time United States magistrate judges. The Judicial Conference then makes those determinations and may later change them.

(a) Surveys by the Director. (1) Within one year after the Federal Magistrates Act is enacted, the Director must carefully survey judicial-district conditions to determine the number of full-time and part-time magistrate appointments needed for prompt and effective justice, where they should serve, and their salaries under section 634. Later, the Director must make general or local surveys as the conference considers useful. (2) Each survey must consider local conditions, including the area and population served, available transportation and communications, the amount and distribution of business expected before officers appointed under this chapter, including matters assignable under section 636(b), and other material factors. The Director must consider suggestions from interested people and groups, including district judges, United States magistrate judges or other officers appointed under this chapter, United States attorneys, bar associations, and people with relevant experience or information. (3) The surveys must aim to create and maintain a system of full-time United States magistrate judges. If the Director finds that full-time service is not feasible or desirable in an area, the Director must recommend enough part-time judges in locations needed for prompt and efficient process issuance and to bring people charged with United States crimes promptly before a United States judicial officer after arrest.
(b) Determination by the Conference. After the initial surveys, the Director must report recommendations on numbers, locations, and salaries to the district courts, councils, and conference. Each district court must advise its council with recommendations and reasons. Each council must advise the conference with recommendations and reasons and report the district courts' recommendations. Considering all these recommendations, the conference must determine the number, locations, and salaries of full-time and part-time United States magistrates. The determinations take effect in each district when that district's court decides, but no later than one year after they are issued.
(c) Changes in number, locations, and salaries. Unless this chapter provides otherwise, the conference may periodically change the number, locations, and salaries of full-time and part-time magistrate judges, considering the recommendations of the Director, district courts, and councils and as the prompt administration of justice requires.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 916
  • 1954Amended · Act of Aug. 13, 1954, ch. 728 · 68 Stat. 704
  • 1957Amended · Pub. L. 85-276 · 71 Stat. 600
  • 1968Amended · Pub. L. 90-578 · 82 Stat. 1111
  • 1979Amended · Pub. L. 96-82 · 93 Stat. 645
  • 1986Amended · Pub. L. 99-651 · 100 Stat. 3648
  • 1990Amended · Pub. L. 101-650 · 104 Stat. 5117

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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