Page:United States Statutes at Large Volume 82.djvu/1155

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[82 STAT. 1113]
[82 STAT. 1113]
PUBLIC LAW 90-000—MMMM. DD, 1968

82 STAT. ]

PUBLIC LAW 90-578-OCT. 17, 1968

1113

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 magistrates for the procurement of office space.

    • § 636. Jurisdiction and powers

" (a) Each United States magistrate serving under this chapter shall have within the territorial jurisdiction prescribed by his appointment— " (1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts; ^s use app. "(2) the power to administer oaths and affirmations, impose conditions of release under section 3146 of title 18, and take so Stat. 214. acknowledgements, affidavits, and depositions; and "(3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limi- Post, p. 1115. tations of that section. " (b) Any district court of the United States, by the concurrence of a majority of all the judges of such district court, may establish rules pursuant to which any full-time United States magistrate, or, where there is no full-time magistrate reasonably available, any parttime magistrate specially designated by the court, may be assigned within the territorial jurisdiction of such court such additional duties as are not inconsistent with the Constitution and laws of the United ^ ^sc^ preceding States. The additional duties authorized by rule may include, but are not restricted to— " (1) service as a special master in an appropriate civil action, pursuant to the applicable provisions of this title and the Federal Rules of Civil Procedure for the United States district courts; 28 USC app. "(2) assistance to a district judge in the conduct of pretrial or discovery proceedings in civil or criminal actions; and "(3) preliminary review of applications for posttrial relief made by individuals convicted of criminal offenses, and submission of a report and recommendations to facilitate the decision of the district judge having jurisdiction over the case as to whether there should be a hearing. " (c) The practice and procedure for the trial of cases before officers serving under this chapter, and for the taking and hearing of appeals to the district courts, shall conform to rules promulgated by the Supreme Court pursuant to section 3402 of title 18, United States Code. ^osf, p. 1116. " (d) In a proceeding before a magistrate, any of the following acts or conduct shall constitute a contempt of the district court for the district wherein the magistrate is sitting: (1) disobedience or resistance to any lawful order, process, or writ; (2) misbehavior at a hearing or other i^roceeding, or so nenr the place thereof as to obstruct the same; (3) failure to produce, after having been ordered to do so, any pertinent document; (4) refusal to appear after having been subpenaed or, upon appearing, refusal to take the oath or affirmation as ft witness, or, having taken the oath or affirmation, refusal to be examined according to law; or (5) any other act or conduct which if committed before a judge of the district court would constitute contempt of such court. Upon the commission of any such act or conduct, the magistrate shall forthwith certify the facts to a judge of the district court and may serve or cause to be served upon any person whose behavior is brought into question under this section an order requiring such person to appear before a judge of that court upon a day certain to show cause