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U.S. Code as of:
01/19/04
Section 631. Appointment and tenure
(a) The judges of each United States district court and the
district courts of the Virgin Islands, Guam, and the Northern
Mariana Islands shall appoint United States magistrate judges in
such numbers and to serve at such locations within the judicial
districts as the Judicial Conference may determine under this
chapter. In the case of a magistrate judge appointed by the
district court of the Virgin Islands, Guam, or the Northern Mariana
Islands, this chapter shall apply as though the court appointing
such a magistrate judge 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 judge 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 judge in the adjoining district or districts.
(b) No individual may be appointed or reappointed to serve as a
magistrate judge 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, the Territory of Guam,
the Commonwealth of the Northern Mariana Islands, 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 judge 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 judge 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 judge 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 judge, but the conference shall fix the aggregate amount
of compensation to be received for performing the duties of
part-time magistrate judge 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 magistrate judges.
(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 judge's attaining age seventy
and upon each subsequent anniversary thereof, a magistrate judge
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
judge shall be for a term of eight years, and the appointment of
any individuals as a part-time magistrate judge shall be for a term
of four years, except that the term of a full-time or part-time
magistrate judge appointed under subsection (k) (!1) shall expire
upon -
(1) the expiration of the absent magistrate judge's term,
(2) the reinstatement of the absent magistrate judge in regular
service in office as a magistrate judge,
(3) the failure of the absent magistrate judge to make timely
application under subsection (j) (!1) of this section for
reinstatement in regular service in office as a magistrate judge
after discharge or release from military service,
(4) the death or resignation of the absent magistrate judge, or
(5) the removal from office of the absent magistrate judge
pursuant to subsection (i) of this section,
whichever may first occur.
(f) Upon the expiration of his term, a magistrate judge 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 judge's term, whichever is earlier.
(g) Each individual appointed as a magistrate judge 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 judge 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 judge'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 judge 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 judge, then removal shall be only by a concurrence of a
majority of all the judges of the council. In the case of a
magistrate judge 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 judge, 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 judge, 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 judge 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 judge, 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 judge appointed under this chapter
shall be exempt from the provisions of subchapter I of chapter 63
of title 5.
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