U.S. Code » Title 28 » Part PART III— COURT OFFICERS AND EMPLOYEES › Chapter CHAPTER 43— UNITED STATES MAGISTRATE JUDGES

28 U.S.C. § 632

Character of service

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(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 duties 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 engage 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 performance 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 NotesAmendments

1968—Pub. L. 90–578 substituted provisions as to character 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 SubsidiariesChange 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 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.

Notes of Decisions
Cited in 44 cases, 1928–2011 · leading case: Adamson v. California
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Adamson v. California (1947) scotus · cites it 4× “Fifth Amendment and 28 U.S.C. § 632 . California, however, is one of a few states that permit limited comment upon a defendant's failure to testify.”
A.I. Trade Finance, Inc. v. Petra International Banking Corporation (1995) cadc “The court held first that its jurisdiction rested both upon the parties’ diversity of citizenship and upon the specific grant of jurisdiction over suits involving foreign banking transactions of Edge Act corporations in 28 U.S.C. § 632 . The court reasoned that because its…”
United States v. Brand (1996) ca1 “§ 3481 (formerly designated as 28 U.S.C. § 632 ). See Bruno v. United States, 308 U.”
Kent v. United States (1946) ca5 · cites it 2× “So also the Statute, 28 U.S.C.A. § 632 , providing that the "person so charged" shall be a competent witness at his own request but not otherwise; "and his failure to make such request shall not create any presumption against him", is without application, for it is limited to…”
Ddi Seamless Cylinder International, Incorporated, and Seamless Cylinder International Corporation v. General Fire Extin (1994) ca7 “28 U.S.C. § 632 (b). But Judge Bobrick is a full-time magistrate judge.”
Arnold v. United States (1938) ca10 · cites it 2× “37, 28 U.S. C.A. § 632. Each defendant in this action, including those who pleaded guilty as well as those who went to trial on pleas of not guilty, was represented by a different attorney.”
Walker v. United States (1938) ca8 · cites it 2× “30 , 28 U.S. C.A. § 632, and there is no evidence that at that time she had waived this immunity or that she had any intention of doing so.”
United States v. Bruno (1939) ca2 “This he failed to do, and told them instead that it was a defendant’s privilege to testify, but that when he did so, his credibility was “to be determined in the light of his interest which ***is***a matter which may seriously affect the credence that shall be given to his…”
Milton v. United States (1940) cadc “30 , 28 U.S.C.A. § 632 : “In the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offenses, and misdemeanors, in the United States courts, Territorial courts, and courts-martial, and courts of…”
Baker v. United States (1940) ca8 “The Fifth Amendment and the statute, 28 U.S.C.A. § 632 , protect the defendant in a criminal prosecution in the rignt to remain off the witness stand, and prosecuting attorneys may not comment on the fact that the accused may have availed himself of that right (Rice v.”
Kelly v. United States (1952) cadc “In federal courts by statute of 1878, former Title 28 U.S.C. § 632 , now 18 U.S.C. § 3481 , Fed.”
Brown v. United States (1932) ca9 · cites it 2× “In 1878 Congress enacted the following statute: "In the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offenses, and misdemeanors, in the United States courts, * * * the person so charged shall, at…”
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