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U.S. Code as of:
01/19/04
Section 633. Determination of number, locations, and salaries of magistrate judges
(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.
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