28 U.S.C. § 633

Determination of number, locations, and salaries of magistrate judges

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 28 CasesGoogle Scholar

(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, § 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.)Editorial NotesReferences 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, § 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, § 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).

Statutory Notes and Related SubsidiariesChange 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.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1943–2023 · leading case: Pacemaker Diagnostic Clinic of America, Inc., a Tennessee Corporation, Cross-Appellee v. Instromedix, Inc., an Oregon Co

Sort: Relevance Newest Treatment

Pacemaker Diagnostic Clinic of America, Inc., a Tennessee Corporation, Cross-Appellee v. Instromedix, Inc., an Oregon Co (1983) ca9 · cites it 2× “28 U.S.C. § 633 (c) (Supp. V 1981). 7 B. Article I Courts Article I of the Constitution empowers Congress to establish legislative courts separate from the article III system.”

Pacemaker Diagnostic Clinic of America, Inc., a Corporation, Plaintiff- Cross-Appellee v. Instromedix, Inc., a Corporati (1984) ca9 “§ 331 (1976), determines the number of magistrate positions for each district, 28 U.S.C. § 633 (b), protecting against the designation of so many magistrates that effective judicial control is lost.”

United States v. Mitchell (1943) ca2 · cites it 2× “28 U.S.C.A. § 633 , permitting, but not requiring, testimony of a spouse (other than confidential communications during the existence of the marriage) in prosecutions for bigamy, and 8 U.”

James Henry Audett v. United States (1959) ca9 · cites it 2× “28 U.S.C. § 633 . 20 . 28 U.S.C. § 636 . 21 .”

United States v. Massey (1965) cma “See, for example, 8 USC § 1328 , and Act of March 3, 1887, Chapter 397, 24 Stat 635, 28 USC § 633 (1940 ed), the latter, which, though no longer in the Judicial Code, has acquired the force of a common-law exception to the rule, permitting testimony by a spouse in bigamy cases.”

United States v. Wise (1959) cma “A few years earlier, however, Congress had empowered the Supreme Court to promulgate rules of procedure in criminal proceedings.”

Turner v. Japan Lines, Ltd. (1983) ord “Magistrates’ salaries are fixed by the Judicial Conference of the United States, 28 U.S.C. § 633 . The crucial difference between the Bankruptcy Reform Act and the Magistrates Act is this: under the Bankruptcy Reform Act, an Article III judge could not prevent cases “related to”…”

Aldridge v. Young (1991) nvd “28 U.S.C. § 633 (d) is the former numbering of the present 28 U.”

Dembowski v. New Jersey Transit Rail Operations, Inc. (2002) njd “See 28 U.S.C. § 633 (a)(3). Where there is insufficient judicial business to make a full-time magistrate judge position ‘feasible or desirable’ at given locations, the Act' authorizes the Judicial conference to establish part-time magistrate judge positions.”

Ostrowski v. The Port Authority of NY & NJ (2023) nyed “3d at 65 (citing 28 U.S.C. § 633 (b)). Because New York law indeed prohibits age discrimination in employment, see N.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.