§ 635. — Expenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC635]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 43--UNITED STATES MAGISTRATE JUDGES
Sec. 635. Expenses
(a) Full-time United States magistrate judges serving under this
chapter shall be allowed their actual and necessary expenses incurred in
the performance of their duties, including the compensation of such
legal assistants as the Judicial Conference, on the basis of the
recommendations of the judicial councils of the circuits, considers
necessary, and the compensation of necessary clerical and secretarial
assistance. Such expenses and compensation shall be determined and paid
by the Director under such regulations as the Director shall prescribe
with the approval of the conference. The Administrator of General
Services shall provide such magistrate judges with necessary courtrooms,
office space, furniture and facilities within United States courthouses
or office buildings owned or occupied by departments or agencies of the
United States, or should suitable courtroom and office space not be
available within any such courthouse or office building, the
Administrator of General Services, at the request of the Director, shall
procure and pay for suitable courtroom and office space, furniture and
facilities for such magistrate judge in another building, but only if
such request has been approved as necessary by the judicial council of
the appropriate circuit.
(b) Under such regulations as the Director shall prescribe with the
approval of the conference, the Director shall reimburse part-time
magistrate judges for actual expenses necessarily incurred by them in
the performance of their duties under this chapter. Such reimbursement
may be made, at rates not exceeding those prescribed by such
regulations, for expenses incurred by such part-time magistrate judges
for clerical and secretarial assistance, stationery, telephone and other
communications services, travel, and such other expenses as may be
determined 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
magistrate judges for the procurement of office space.
(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,
Sec. 101, Oct. 17, 1968, 82 Stat. 1112; Pub. L. 96-82, Sec. 8(a), Oct.
10, 1979, 93 Stat. 646; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
1990, 104 Stat. 5117.)
Historical and Revision Notes
Prior section 663.--Based on title 28, U.S.C., 1940 ed., Secs. 597,
597a, 597b, 597c (May 28, 1896, ch. 252, Secs. 21, 24, 29 Stat. 184,
186; Aug. 1, 1946, ch. 721, Secs. 1-4, 60 Stat. 752, 753).
The provision of section 597c of title 28, U.S.C., 1940 ed.,
excepting commissioners in the Territory of Alaska was omitted as
unnecessary since this exception is implicit in the revised section. The
words ``in each judicial district'' limit the section to the
commissioners in the districts enumerated in chapter 5 which includes
Hawaii, Puerto Rico, and District of Columbia but omits Alaska, Canal
Zone, [Guam] and Virgin Islands.
Salaries of park commissioners are provided by section 634 of this
title.
Changes were made in phraseology.
Amendments
1979--Subsec. (a). Pub. L. 96-82 inserted reference to the
compensation of such legal assistants as the Judicial Conference, on the
basis of the recommendations of the judicial councils of the circuits,
considers necessary.
1968--Pub. L. 90-578 substituted provisions relating to expenses for
provisions prescribing residence for park commissioners. See section
631(b)(3) of this title.
Change of Name
Words ``magistrate judges'' and ``magistrate judge'' substituted for
``magistrates'' and ``magistrate'', respectively, wherever appearing in
text pursuant to section 321 of Pub. L. 101-650, set out as a note under
section 631 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates [now United
States magistrate judges] and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section
403 of Pub. L. 90-578, set out as a note under section 631 of this
title.
Section Referred to in Other Sections
This section is referred to in section 636 of this title.
