Page:United States Statutes at Large Volume 93.djvu/677

 PUBLIC LAW 96-82—OCT. 10, 1979

93 STAT. 645

composed of residents of the individual judicial districts, to assist the courts in identifying and recommending persons who are best qualified to fill such positions.". (d) Section 631 of title 28, United States Code, is amended— (1) by redesignating subsections (f) through (j) thereof as subsections (g) through (k), respectively; and (2) by inserting immediately after subsection (e) thereof the following new subsection: "(f) Upon the expiration of his term, a magistrate may, by a majority vote of the judges of the appointing district court or courts and with the approval of the judicial council of the circuit, continue to perform the duties of his office until his successor is appointed, or for 60 days after the date of the expiration of the magistrate's term, whichever is earlier.". (e) The merit selection panels established under section 631(b)(5) of title 28, United States Code, in recommending persons to the district court, shall give due consideration to all qualified individuals, especially such groups as women, blacks, Hispanics, and other minorities. (f) Magistrates serving prior to the promulgation of magistrate selection standards and procedures by the Judicial Conference of the United States may only exercise the jurisdiction conferred under the amendment made by section 2 of this Act after having been reappointed under such standards and procedures or after having been certified as qualified to exercise such jurisdiction by the judicial council of the circuit in which the magistrate serves. (g) The amendment made by subsection (c) of this section shall not take effect until 30 days after the meeting of the Judicial Conference of the United States next following the effective date of this Act. SEC. 4. Section 633(c) of title 28, United States Code, is amended by striking out the final sentence. SEC. 5. Section 604(d)(3) of title 28, United States Code, is amended by inserting immediately before the semicolon the following: ", including (A) the number of matters in which the parties consented to the exercise of jurisdiction by a magistrate, (B) the number of appeals taken pursuant to the decisions of magistrates and the disposition of such appeals, and (C) the professional background and qualifications of individuals appointed under section 631 of this title to serve as magistrate". SEC. 6. Section 1915(b) of title 28, United States Code, is amended to read as follows: "(b) Upon the filing of an affidavit in accordance with subsection (a) of this section, the court may direct payment by the United States of the expenses of (1) printing the record on appeal in any civil or criminal case, if such printing is required by the appellate court; (2) preparing a transcript of proceedings before a United States magistrate in any civil or criminal case, if such transcript is required by the district court, in the case of proceedings conducted under section 6360)) of this title or under section 3401(b) of title 18, United States Code; and (3) printing the record on appeal if such printing is required by the appellate court, in the case of proceedings conducted pursuant to section 636(c) of this title. Such expenses shall be paid when authorized by the Director of the Administrative Office of the United States Courts.". SEC. 7. (a) Section 3401 of title 18, United States Code, is amended— (1) by amending subsection (a) to read as follows: "(a) When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district.";

Selection recommendations. 28 USC 631 note. 28 USC 631 note.

Effective date. 28 USC 631 note.

28 USC 631.

Court expenses.

28 USC 636.

Ante, p. 643.

Misdemeanors, jurisdiction.

�