§633 Determination of Number, Locations, and Salaries of Magistrate Judges

Summary

The Director must, within one year after the Federal Magistrates Act became law, survey the federal judicial districts to decide how many full-time and part-time magistrate judges are needed, where they should serve, and what their pay should be under section 634. The Director must do more surveys from time to time. The surveys must look at local conditions like area and population, travel and communication options, how much and what kind of work is expected (including matters under section 636(b)), and other important facts. The Director must consider suggestions from people with experience, such as district judges, magistrate judges, U.S. attorneys, bar groups, and others. The goal is a system of full-time magistrates, but where that is not practical the Director may recommend part-time magistrates so people can be brought before a judicial officer quickly and so process can be issued promptly. After the first surveys, the Director must report recommendations to the district courts, the councils, and the conference. District courts tell their councils their recommendations and reasons; councils pass their own and the courts’ recommendations to the conference. The conference then decides the number, locations, and salaries. Those decisions take effect in each district when the district court sets the time, but in no case later than one year after they are issued. The conference may later change numbers, locations, and pay as needed for speedy administration of justice.