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28 U.S.C. § 635 — Expenses

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 310 words · no verdicts yet

in plain englishAI-generated · not legal advice

Full-time magistrate judges shall be allowed their actual and necessary duty expenses and specified assistance, with required facilities supplied by the General Services Administration. Part-time magistrate judges shall be reimbursed for necessary duty expenses, but not office space.

(a) Full-time United States magistrate judges serving under this chapter shall be allowed the actual and necessary expenses they incur while performing their duties. These include compensation for legal assistants that the Judicial Conference considers necessary, based on the circuit judicial councils’ recommendations, and compensation for necessary clerical and secretarial assistance. The Director must determine and pay these expenses and compensation under regulations approved by the Conference. The Administrator of General Services must provide these judges with necessary courtrooms, office space, furniture, and facilities in United States courthouses or in office buildings owned or occupied by United States departments or agencies. If suitable courtroom and office space is not available in such a courthouse or building, the Administrator, at the Director’s request, must obtain and pay for suitable courtroom and office space, furniture, and facilities in another building. The request must have been approved as necessary by the judicial council of the appropriate circuit. (b) Under regulations approved by the Conference, the Director shall reimburse part-time magistrate judges for the actual expenses they necessarily incur while performing their duties under this chapter. At rates no higher than those set by the regulations, this reimbursement may cover clerical and secretarial assistance, stationery, telephone and other communications services, travel, and other expenses determined necessary for the proper performance of the officers’ duties. However, no reimbursement may cover all or any part of the expense of obtaining office space.

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

Full-time United States magistrate judges serving under this chapter shall be allowed their actual and necessary expenses incurred in the performance of their duties, including the compensation of such legal assistants as the Judicial Conference, on the basis of the recommendations of the judicial councils of the circuits, considers necessary, and the compensation of necessary clerical and secretarial assistance. Such expenses and compensation shall be determined and paid by the Director under such regulations as the Director shall prescribe with the approval of the conference. The Administrator of General Services shall provide such magistrate judges with necessary courtrooms, office space, furniture and facilities within United States courthouses or office buildings owned or occupied by departments or agencies of the United States, or should suitable courtroom and office space not be available within any such courthouse or office building, the Administrator of General Services, at the request of the Director, shall procure and pay for suitable courtroom and office space, furniture and facilities for such magistrate judge in another building, but only if such request has been approved as necessary by the judicial council of the appropriate circuit.

(b)

Under such regulations as the Director shall prescribe with the approval of the conference, the Director shall reimburse part-time magistrate judges for actual expenses necessarily incurred by them in the performance of their duties under this chapter. Such reimbursement may be made, at rates not exceeding those prescribed by such regulations, for expenses incurred by such part-time magistrate judges for clerical and secretarial assistance, stationery, telephone and other communications services, travel, and such other expenses as may be determined to be necessary for the proper performance of the duties of such officers: Provided, however, That no reimbursement shall be made for all or any portion of the expense incurred by such part-time magistrate judges for the procurement of office space.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1112; Pub. L. 96–82, § 8(a), Oct. 10, 1979, 93 Stat. 646; 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. 917
  • 1968Amended · Pub. L. 90-578 · 82 Stat. 1112
  • 1979Amended · Pub. L. 96-82 · 93 Stat. 646
  • 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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