Page:United States Statutes at Large Volume 82.djvu/1150

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[82 STAT. 1108]
PUBLIC LAW 90-000—MMMM. DD, 1968
[82 STAT. 1108]

1108

PUBLIC LAW 90-578-OCT. 17, 1968

[82 STAT.

TITLE I—UNITED STATES MAGISTRATES 62 Stat. 915.

g^^.;|^QJ Chapter 43, title 28, United States Code, relating to United States commissioners, is amended to read as follows: "Chapter 4 3. ~ UNITED STATES MAGISTRATES "Sec. "631. "632. "633. "634. "635. "636. "637. "638. "639.

Qualifications.

Appointment and tenure. Character of service. Determination of number, locations, and.salaries of magistrates. Compensation. Expenses. Jurisdiction and powers. Training. Dockets and forms; United States Code; seals. Definitions.

"§ 631. Appointment and tenure " (a) The judges of each United States district court shall appoint United States magistrates in such numbers and to serve at such locations within the judicial district as the conference may determine under this chapter. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where an area under the administration of the National Park Service, or the United States Fish and Wildlife Service, or any other Federal agency, extends into two or more judicial districts and it is deemed desirable by the conference that the territorial jurisdiction of a magistrate's appointment include the entirety of such area, the appointment or reappointment shall be made by the concurrence of a majority of all judges of the district courts of the judicial districts involved, and where there is no such concurrence by the concurrence of the chief judges of such district courts. «(jj^ j ^ ^ individual may be appointed or serve as a magistrate under this chapter unless: " (1) H e is a member in good standing of the bar of the highest court of the State in which he is to serve, or, in the case of an individual appointed to serve— " (A) in the District of Columbia, a member in good standing of the bar of the United States district court for the District of Columbia; " (B) in the Commonwealth of Puerto Rico, a member in good standing of the bar of the Supreme Court of Puerto Rico; or " (C) in an area under the administration of the National P a r k Service, the United States Fish and Wildlife Service, or any other Federal agency that extends into two or more States, a member in good standing of the bar of the highest court of one of those States; except that an individual who does not meet the bar membership requirements of the first sentence of this paragraph may be appointed