Sec. 631. Appointment and tenure
- (a) The judges of each United States district court and the
district court of the Virgin Islands shall appoint United States magistrates
in such numbers and to serve at such locations within the judicial district as
the conference may determine under this chapter. In the case of a magistrate
appointed by the district court of the Virgin Islands, this chapter shall
apply as though the court appointing such magistrate were a United States
district court. Where there is more than one judge of a district court, the
appointment, whether an original appointment or a reappointment, shall be by
the concurrence of a majority of all the judges of such district court, and
when there is no such concurrence, then by the chief judge. Where the
conference deems it desirable, a magistrate may be designated to serve in one
or more districts adjoining the district for which he is appointed. Such a
designation shall be made by the concurrence of a majority of the judges of
each of the district courts involved and shall specify the duties to be
performed by the magistrate in the adjoining district or districts.
- (b) No individual may be appointed or reappointed to serve
as a magistrate under this chapter unless:
- (1) He has been for at least five years a member in good
standing of the bar of the highest court of a State, the District of
Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands of the
United States, except that an individual who does not meet the bar
membership requirements of this paragraph may be appointed and serve as a
part-time magistrate if the appointing court or courts and the conference
find that no qualified individual who is a member of the bar is available to
serve at a specific location;
- (2) He is determined by the appointing district court or
courts to be competent to perform the duties of the office;
- (3) In the case of an individual appointed to serve in a
national park, he resides within the exterior boundaries of that park, or at
some place reasonably adjacent thereto;
- (4) He is not related by blood or marriage to a judge of
the appointing court or courts at the time of his initial appointment; and
(5) He is selected pursuant to standards and procedures promulgated by
the Judicial Conference of the United States. Such standards and procedures
shall contain provision for public notice of all vacancies in magistrate
positions and for the establishment by the district courts of merit
selection panels, composed of residents of the individual judicial
districts, to assist the courts in identifying and recommending persons who
are best qualified to fill such positions.
- (c) A magistrate may hold no other civil or military office
or employment under the United States: Provided, however, That, with the
approval of the conference, a part-time referee in bankruptcy or a clerk or
deputy clerk of a court of the United States may be appointed and serve as a
part-time United States magistrate, but the conference shall fix the aggregate
amount of compensation to be received for performing the duties of part-time
magistrate and part-time referee in bankruptcy, clerk or deputy clerk: And
provided further, That retired officers and retired enlisted personnel of the
Regular and Reserve components of the Army, Navy, Air Force, Marine Corps, and
Coast Guard, members of the Reserve components of the Army, Navy, Air Force,
Marine Corps, and Coast Guard, and members of the Army National Guard of the
United States, the Air National Guard of the United States, and the Naval
Militia and of the National Guard of a State, territory, or the District of
Columbia, except the National Guard disbursing officers who are on a full-time
salary basis, may be appointed and serve as United States magistrates.
- (d) Except as otherwise provided in sections 375 and
636(h) of this title, no individual may serve under this chapter after having
attained the age of seventy years: Provided, however, That upon a majority
vote of all the judges of the appointing court or courts, which is taken upon
the magistrate's attaining age seventy and upon each subsequent anniversary
thereof, a magistrate who has attained the age of seventy years may continue
to serve and may be reappointed under this chapter.
- (e) The appointment of any individual as a full-time
magistrate shall be for a term of eight years, and the appointment of any
individuals as a part-time magistrate shall be for a term of four years,
except that the term of a full-time or part-time magistrate appointed under
subsection (k) [1]
shall expire upon -
- (1) the expiration of the absent magistrate's term,
- (2) the reinstatement of the absent magistrate in
regular
service in office as a magistrate,
- (3) the failure of the absent magistrate to make timely
application under subsection (j) [1]
of this section for
reinstatement in regular service in office as a
magistrate after
discharge or release from military service,
- (4) the death or resignation of the absent magistrate,
or
- (5) the removal from office of the absent magistrate
pursuant
to subsection (i) of this section, whichever may first occur.
- (f) Upon the expiration of his term, a magistrate may, by a
majority vote of the judges of the appointing district court or courts and
with the approval of the judicial council of the circuit, continue to perform
the duties of his office until his successor is appointed, or for 180 days
after the date of the expiration of the magistrate's term, whichever is
earlier.
- (g) Each individual appointed as a magistrate under this
section shall take the oath or affirmation prescribed by section 453 of this
title before performing the duties of his office.
- (h) Each appointment made by a judge or judges of a district
court shall be entered of record in such court, and notice of such appointment
shall be given at once by the clerk of that court to the Director.
- (i) Removal of a magistrate during the term for which he is
appointed shall be only for incompetency, misconduct, neglect of duty, or
physical or mental disability, but a magistrate's office shall be terminated
if the conference determines that the services performed by his office are no
longer needed. Removal shall be by the judges of the district court for the
judicial district in which the magistrate serves; where there is more than one
judge of a district court, removal shall not occur unless a majority of all
the judges of such court concur in the order of removal; and when there is a
tie vote of the judges of the district court on the question of the removal or
retention in office of a magistrate, then removal shall be only by a
concurrence of a majority of all the judges of the council. In the case of a
magistrate appointed under the third sentence of subsection (a) of this
section, removal shall not occur unless a majority of all the judges of the
appointing district courts concur in the order of removal; and where there is
a tie vote on the question of the removal or retention in office of a
magistrate, then removal shall be only by a concurrence of a majority of all
the judges of the council or councils. Before any order or removal shall be
entered, a full specification of the charges shall be furnished to the
magistrate, and he shall be accorded by the judge or judges of the removing
court, courts, council, or councils an opportunity to be heard on the charges.
- (j) Upon the grant by the appropriate district court or
courts of a leave of absence to a magistrate entitled to such relief under
chapter 43 of
title 38, such court or courts may proceed to appoint, in the manner
specified in subsection (a) of this section, another magistrate, qualified
for appointment and service under subsections (b), (c), and (d) of this
section, who shall serve for the period specified in subsection (e) of this
section.
- (k) A United States magistrate appointed under this
chapter shall be exempt from the provisions of subchapter I of chapter 63 of
title 5.
Footnotes
[1]
See References in Text note below.
[Updates |
Parallel
authorities: CFR |
Topical
references Notes]