42 U.S.C. § 1991: Fees; persons appointed to…

Summary

People appointed to make arrests under section 1989 get $5 for each person they arrest and bring before a U.S. magistrate judge. The magistrate judge can also allow extra reasonable pay for needed work, like attending an examination, guarding and caring for the detainee, and providing food and lodging until the judge decides the case. Those fees should match local court officer rates when possible, be paid from the U.S. Treasury after a district judge signs off, and can be charged to the defendant in the judgment if the defendant is convicted.

Title 42, §1991

The Public Health and Welfare, Source: USLM XML via OLRC

Every person appointed to execute process under section 1989 of this title shall be entitled to a fee of $5 for each party he may arrest and take before any United States magistrate judge, with such other fees as may be deemed reasonable by the magistrate judge for any additional services necessarily performed by him, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of the magistrate judge; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid out of the Treasury of the United States on the certificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction.

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. § 1987 derived from acts Apr. 9, 1866, ch. 31, § 7, 14 Stat. 29; May 31, 1870, ch. 114, § 12, 16 Stat. 143. Section was formerly classified to section 53 of Title 8, Aliens and Nationality.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” and “magistrate judge” substituted in text for “magistrate” wherever appearing pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “magistrate” substituted for “commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.

§1991 Fees; Persons Appointed to Execute Process