Page:United States Statutes at Large Volume 82.djvu/1151

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[82 STAT. 1109]
[82 STAT. 1109]
PUBLIC LAW 90-000—MMMM. DD, 1968

82 STAT. ]

PUBLIC LAW 90-578-OCT. 17, 1968

1109

and serve as a part-time magistrate if the appointing court or couits and the conference find that no qualified individual who is a member of the bar is available to serve at a specific location; "(2) He is determined by the appointing district court or courts to be competent to perform the duties of the office; "(3) In the case of an individual appointed to serve in a national park, he resides within the exterior boundaries of that park, or at some place reasonably adjacent thereto; "(4) He is not related by blood or marriage to a judge of the appointing court or courts at the time of his initial appointment. "(c) A magistrate may hold no other civil or military office or employment under the United States: Provided.^ however, That, with the approval of the conference, a part-time referee in bankruptcy or a clerk or deputy clerk of a court of the United States may be appointed and serve as a part-time United States magistrate, but the conference shall fix the aggregate amount of compensation to be received for performing the duties of part-time magistrate and part-time referee m bankruptcy, clerk or deputy clerk: And provided further, That retired officers and retired enlisted personnel of the Regular and Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard, members of the Reserve components of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and members of the Army National Guard of the United States, the Air National Guard of the United States, and the Naval Militia and of the National Guard of a State, territory, or the District of Columbia, except the National Guard disbursing officers who are on a full-time salary basis, may be appointed and serve as United States magistrates. " (d) No individual may serve under this chapter after having Age limitation. attained the age of seventy years: Provided, however, That upon the unanimous vote of all the judges of the appointing court or courts, a magistrate who has attained the age of seventy years may continue to serve and may be reappointed under this chapter. "(e) The appointment of any individual as a full-time magistrate Term. shall be for a term of eight years, and the appointment of any individuals as a part-time magistrate shall be for a term of four j^ears, except that the term of a full-time or part-time magistrate appointed under subsection (j) shall expire upon— " (1) the expiration of the absent magistrate's term, " (2) the reinstatement of the absent magistrate in regular service in office as a magistrate, "(3) the failure of the absent magistrate to make timely application under subsection (i) of this section for reinstatement in regular service in office as a magistrate after discharge or release from military service, "(4) the death or resignation of the absent magistrate, or "(5) the removal from office of the absent magistrate pursuant to subsection (h) of this section, whichever may first occur. "(f) Each individual appointed as a magistrate under this section °^^shall take the oath or affirmation prescribed by section 453 of this title ^^ ^*°*- ^^• before performing the duties of his office. " (g) Each appointment made by a judge or judges of a district Appointment court shall be entered of record in such court, and notice of such '^*°'^ ^" notice. appointment shall be given at once by the clerk of that court to the Director. " (h) Removal of a magistrate during the term for which he is Removal. ajipointed shall be only for incompetency, misconduct, neglect of duty, or physical or mental disability, but a magistrate's office shall be terminated if the conference determines that the services performed by his