Federal Magistrate Act of 1979

1/3
Status Signed into Law
Sponsor Dennis DeConcini
Citation 96-S-237
Actions 21
Introduced Jan 25th, 1979
Cosponsors
1
Last Action Oct 10th, 1979
Policy Area
Introduced Senate Jan 25
Senate Passed May 2
Amended House Jun 26
House Passed Jun 26
Senate Conf. Passed Sep 20
House Conf. Passed Sep 28
President Presented Sep 29
Enacted Signed into Law Oct 10

Summary

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(Conference report filed in Senate, S. Rept. 96-322) Federal Magistrate Act of 1979 - Empowers a full-time or part-time United States magistrate who serves as a full-time judicial officer, when specially designated by the district court and upon consent of the parties, to conduct proceedings in a jury or nonjury civil matter. Empowers a part-time magistrate who meets the bar membership requirement of this Act to exercise such jurisdiction: (1) upon specific written request of the parties; and (2) if the chief judge of the district court certifies that a full-time magistrate is not reasonably available in accordance with guidelines established by the judicial council of the circuit (leaves unmodified current law allowing magistrates to be assigned additional duties consistent with Federal law). Authorizes appeal of such decisions directly to the court of appeals or to the district court upon prior consent of the parties. Requires the clerk of court, if a magistrate is designated to exercise civil jurisdiction, to notify the parties of their right to consent to such jurisdiction. Prohibits the district judge or magistrate from attempting to persuade the parties to such consent. Requires that anyone appointed as a magistrate must have been a member of a bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands of the United States for at least five years. Allows the magistrate and the parties to determine how the record is to be taken in such proceedings. Requires magistrates to be selected under standards and procedures promulgated by the Judicial Conference of the United States, including public notice of all vacancies and the establishment of merit selection panels by the district courts. Requires such panels to consider all qualified individuals, especially such groups as women, blacks, Hispanics, and other minorities, in recommending persons to the court. Allows a magistrate serving prior to the promulgation of selection standards and procedures to exercise the jurisdiction conferred by this Act only after reappointment under such standards or certification by the judicial council of the circuit. Requires the Director of the Administrative Office of the United States Courts to inform Congress annually on the background and qualifications of magistrates, and appeals from their decisions. Authorizes Federal courts to require payment by the United States for the expenses of printing the record on appeal from magistrate proceedings. Authorizes a magistrate to try and sentence persons accused of all misdemeanors, unless such person elects to be tried before a district judge. Allows the court, upon its own motion or upon petition by the Government for good cause, to order that proceedings in any misdemeanor case be conducted before a district judge rather than a magistrate. Authorizes a magistrate, in a case involving a youth offender in which consent has been filed pursuant to this Act, to impose sentence and exercise all powers under the Federal Youth Corrections Act, but disallows a magistrate from sentencing a youth to the custody of the Attorney General for a period in excess of one year for conviction of a misdemeanor or six months for conviction of a petty offense. Directs the Judicial Conference of the United States to conduct a study of the magistrate system and to submit its findings to Congress within 24 months of enactment.

Actions

21
Senate House Executive
INTRODUCED
INTRODUCED
Jan 25, 1979
ON FLOOR
REFERRED TO COMMITTEE
COMMITTEE
COMMITTEE REPORT FILED UNAMENDED
Apr 24, 1979
ON FLOOR
CALL OF CALENDAR
May 2, 1979
ON FLOOR
CONSIDERATION
ON FLOOR
VOTE
PASSAGE
ON FLOOR
REFERRED TO COMMITTEE
May 4, 1979
ON FLOOR
BROUGHT TO FLOOR
Jun 26, 1979
ON FLOOR
CONSIDERATION
ON FLOOR
VOTE
PASSAGE
PASS BACK TO SENATE
CONFERENCE SCHEDULED
PASS BACK TO SENATE
CONFERENCE SCHEDULED
Jul 10, 1979
IN CONFERENCE
CONFERENCE REPORT FILED
Sep 18, 1979
IN CONFERENCE
CONFERENCE REPORT FILED
Sep 19, 1979
IN CONFERENCE
VOTE
CONFERENCE REPORT
Sep 20, 1979
IN CONFERENCE REPORT PASSED SENATE
VOTE
CONFERENCE REPORT
Sep 28, 1979
PASSED BOTH CHAMBERS THROUGH CONFERENCE
ENROLLED
PASSED BOTH CHAMBERS THROUGH CONFERENCE
ENROLLED
WITH PRESIDENT
PRESENTED TO PRESIDENT
Sep 29, 1979
ENACTED
SIGNED
Oct 10, 1979
ENACTED
LAW REGISTERED
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