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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§635 Expenses

Title 28 › Part III— COURT OFFICERS AND EMPLOYEES › Chapter 43— UNITED STATES MAGISTRATE JUDGES › § 635

Last updated Apr 5, 2026|Official source

Summary

Full-time U.S. magistrate judges must be reimbursed for real, necessary job costs. That includes pay for legal assistants that the Judicial Conference allows after recommendations from the circuit judicial councils, and pay for needed clerical and secretarial help. The Director decides and pays these expenses under rules the Director makes with the Judicial Conference’s approval. The Administrator of General Services must provide courtrooms, office space, furniture, and other facilities in federal courthouses or buildings. If no suitable federal space exists, the Administrator will find and pay for space and furniture elsewhere only if the Director asks and the circuit’s judicial council approves. Part-time magistrate judges may be reimbursed under the Director’s rules (approved by the Judicial Conference) for necessary costs such as clerical help, supplies, phone and communications, travel, and similar items up to set rates. They may not be reimbursed for any office space costs.

Full Legal Text

Title 28, §635

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Full-time United States magistrate judges serving under this chapter shall be allowed their actual and necessary expenses incurred in the performance of their duties, including the compensation of such legal assistants as the Judicial Conference, on the basis of the recommendations of the judicial councils of the circuits, considers necessary, and the compensation of necessary clerical and secretarial assistance. Such expenses and compensation shall be determined and paid by the Director under such regulations as the Director shall prescribe with the approval of the conference. The Administrator of General Services shall provide such magistrate judges with necessary courtrooms, office space, furniture and facilities within United States courthouses or office buildings owned or occupied by departments or agencies of the United States, or should suitable courtroom and office space not be available within any such courthouse or office building, the Administrator of General Services, at the request of the Director, shall procure and pay for suitable courtroom and office space, furniture and facilities for such magistrate judge in another building, but only if such request has been approved as necessary by the judicial council of the appropriate circuit.
(b)Under such regulations as the Director shall prescribe with the approval of the conference, the Director shall reimburse part-time magistrate judges for actual expenses necessarily incurred by them in the performance of their duties under this chapter. Such reimbursement may be made, at rates not exceeding those prescribed by such regulations, for expenses incurred by such part-time magistrate judges for clerical and secretarial assistance, stationery, telephone and other communications services, travel, and such other expenses as may be determined to be necessary for the proper performance of the duties of such officers: Provided, however, That no reimbursement shall be made for all or any portion of the expense incurred by such part-time magistrate judges for the procurement of office space.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Prior section 663.—Based on title 28, U.S.C., 1940 ed., §§ 597, 597a, 597b, 597c (May 28, 1896, ch. 252, §§ 21, 24, 29 Stat. 184, 186; Aug. 1, 1946, ch. 721, §§ 1–4, 60 Stat. 752, 753). The provision of section 597c of title 28, U.S.C., 1940 ed., excepting commissioners in the Territory of Alaska was omitted as unnecessary since this exception is implicit in the revised section. The words “in each judicial district” limit the section to the commissioners in the districts enumerated in chapter 5 which includes Hawaii, Puerto Rico, and District of Columbia but omits Alaska, Canal Zone, [Guam] and Virgin Islands. Salaries of park commissioners are provided by section 634 of this title. Changes were made in phraseology.

Editorial Notes

Amendments

1979—Subsec. (a). Pub. L. 96–82 inserted reference to the compensation of such legal assistants as the Judicial Conference, on the basis of the recommendations of the judicial councils of the circuits, considers necessary. 1968—Pub. L. 90–578 substituted provisions relating to expenses for provisions prescribing residence for park commissioners. See section 631(b)(3) of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judges” and “magistrate judge” substituted for “magistrates” and “magistrate”, respectively, 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. § 635

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60