Title 28Judiciary and Judicial ProcedureRelease 119-73

§632 Character of service

Title 28 › Part PART III— - COURT OFFICERS AND EMPLOYEES › Chapter CHAPTER 43— - UNITED STATES MAGISTRATE JUDGES › § 632

Last updated Apr 6, 2026|Official source

Summary

Full-time United States magistrate judges must not practice law or hold any job that gets in the way of doing their judicial work properly and fairly. Part-time magistrate judges must do the court work required by law; they may practice law while serving but may not act as a lawyer in any federal criminal case and may not take on roles that official rules say would conflict with their duties.

Full Legal Text

Title 28, §632

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 Subsidiaries

Change 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 632

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73