§ 5034. — Duties of magistrate judge.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC5034]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART IV--CORRECTION OF YOUTHFUL OFFENDERS
CHAPTER 403--JUVENILE DELINQUENCY
Sec. 5034. Duties of magistrate judge
The magistrate judge shall insure that the juvenile is represented
by counsel before proceeding with critical stages of the proceedings.
Counsel shall be assigned to represent a juvenile when the juvenile and
his parents, guardian, or custodian are financially unable to obtain
adequate representation. In cases where the juvenile and his parents,
guardian, or custodian are financially able to obtain adequate
representation but have not retained counsel, the magistrate judge may
assign counsel and order the payment of reasonable attorney's fees or
may direct the juvenile, his parents, guardian, or custodian to retain
private counsel within a specified period of time.
The magistrate judge may appoint a guardian ad litem if a parent or
guardian of the juvenile is not present, or if the magistrate judge has
reason to believe that the parents or guardian will not cooperate with
the juvenile in preparing for trial, or that the interests of the
parents or guardian and those of the juvenile are adverse.
If the juvenile has not been discharged before his initial
appearance before the magistrate judge, the magistrate judge shall
release the juvenile to his parents, guardian, custodian, or other
responsible party (including, but not limited to, the director of a
shelter-care facility) upon their promise to bring such juvenile before
the appropriate court when requested by such court unless the magistrate
judge determines, after hearing, at which the juvenile is represented by
counsel, that the detention of such juvenile is required to secure his
timely appearance before the appropriate court or to insure his safety
or that of others.
(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 87-428, Mar. 31, 1962, 76
Stat. 52; Pub. L. 93-415, title V, Sec. 504, Sept. 7, 1974, 88 Stat.
1135; Pub. L. 100-690, title VII, Sec. 7045, Nov. 18, 1988, 102 Stat.
4400; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 924 (June 16, 1938, ch.
486, Sec. 4, 52 Stat. 765).
The words ``foster homes'' were inserted to remove any doubt as to
the authority to commit to such foster homes in accordance with past and
present administrative practice.
The reference to particular sections dealing with probation was
omitted as unnecessary.
Changes were made in phraseology and arrangement.
Codification
Another section 504 of title V of Pub. L. 93-415, as added by Pub.
L. 107-273, div. C, title II, Sec. 12222(a), Nov. 2, 2002, 116 Stat.
1895, is classified to section 5783 of Title 42, The Public Health and
Welfare.
Another section 504 of title V of Pub. L. 93-415, as added by Pub.
L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5027, was classified to
section 5783 of Title 42, The Public Health and Welfare, prior to the
general amendment of that title V by Pub. L. 107-273.
Amendments
1988--Pub. L. 100-690 substituted ``facility) upon'' for ``facility
upon'' in last par.
1974--Pub. L. 93-415 amended section generally, substituting
``Duties of magistrate'', for ``Probation; commitment to custody of
Attorney General; support'' in section catchline, and substituting
provisions relating to procedure before, and duties of, magistrate, for
provisions relating to probation, commitment to custody of Attorney
General, duties of Attorney General, and procedures aiding court in
determining whether to place juvenile on probation or commit him to
custody of Attorney General.
1962--Pub. L. 87-428 added fourth par. authorizing commitment of a
juvenile delinquent to the custody of the Attorney General for
observation and study.
Change of Name
Words ``magistrate judge'' substituted for ``magistrate'' in
catchline and wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in sections 751, 752 of this title.
