Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriations for Fiscal Year 1971

Language Change

to function in their respective districts until such time as Under the transitional provisions of the Federal Magistrates Act, United States commissioners may continue a United States district court appoints a at which time the office of United States commissioner must be abolished. United States magistrate, or until the third anniversary of the date of enactment, namely October 17, 1971, Although it is anticipated that the district courts will implement the recommendations of the Judicial Conference of the United States as to numbers, locations and salaries of United States magistrates as soon as practicable after funds are made available it is necessary to include in the text of the appropriation, a proviso that funds appropriated thereunder be available for fees of United States commissioners during the period of transition. Thereafter, this appropriation will be available only for salaries and expenses of United States magistrates. Conversely, the appropriation for "Fees of Jurors and Commissioners" no longer will be available for fees and related benefits of United States commissioners. It is proposed that references to fees of United States commissioners and other committing magistrates be deleted from the text of that appropriation and that the heading be changed to "Fees of Jurors".

General Statement

At the March 16 and 17, 1970 session of the Judicial Conference of the United States, the Committee to Implement the Federal Magistrates Act, presented to the Conference recommendations as to the numbers, locations, and salaries of United States magistrates. These recommendations were based on cost and procedural studies conducted subsequent to enactment of the Act, October 17, 1968, and on practical experience gained from the operation of a pilot program in five judicial districts where the nature of judicial hearings and proceedings encompassed the full-range of duties which a district court may delegate to a United States magistrate. In addition, the judges of the United States courts of appeals and United States district courts serving on the Judicial Conference Committee, visited the judicial districts where the pilot program was underway and reported to the Judicial Conference that the services of the magistrates had a marked and beneficial effect on the work of the district courts.

The

After considering the recommendations of the Committee, the Director of the Administrative Office, the district courts and the circuit councils, the Judicial Conference authorized the establishment of 518 offices of United States magistrates (61 full-time and 457 part-time), with specific recommendations as to locations and salaries, based on the duties to be assigned the magistrates in each district. (See Appendix) 518 proposed offices will replace the approximately 700 United States commissioners and 15 National Park commissioners serving when the Federal Magistrates Act was approved. The proposed salaries of part-time magistrates range from $100 per annum to the maximum of $11,000 per annum authorized under the Act. The salary rates for full-time magistrates are $20,000 and $22,500 per annum. The salary rates authorized

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by the Judicial Conference for the full- and part-time positions are as follows:

At the discretion of individual district courts, United States magistrates may be assigned the full-range of duties within the provisions of 28 U.S.C. 636 (a) and (b) and, if so designated, may assist the court in the conduct of the following proceedings in addition to trials of minor criminal cases:

In civil actions, as a special master.

In pretrial and/or discovery proceedings in civil or criminal cases. In reviewing and reporting on applications for posttrial relief.

Such other proceedings assigned by the court under the provisions of 28 U.S.C. 636(b).

Budgetary Requirements

The initial (first year) net cost of implementing the Federal Magistrates Act based on the positions and salaries which have been authorized by the Judicial Conference is $4,780,000. This estimate takes into account proposed transfers from the appropriations "Salaries of Supporting Personnel" and "Fees of Jurors and Commissioners" of $216,000 and $870,000, respectively. Excluding nonrecurring expenses of $620,000. the new annual recurring cost of the magistrates system is estimated at $4,160,000 as follows:

Salaries and Expenses of United States Magistrates.

Less: Transfer from "Salaries of Supporting Personnel".
Less: Transfer from "Fees of Jurors and Commissioners'
Initial cost (fiscal year 1971).

Less: Nonrecurring expenses.

...

Total recurring cost succeeding fiscal years.

The details of the amounts herein by object classifications are as follows:

Personnel Compensation

The sum of $3,270,000 is included for the salaries of full-time and part-time magistrates and for the salaries of secretarial and clerical assistants for full-time magistrates as follows:

Clerical assistants, grade JSP-6 $6,882.

Office of United States Magistrates,

68,577

$3.270.000

It is contemplated that a full-time magistrate generally will require the services of a secretary and a
clerical assistant. The proposed rates of compensation for members of the staff of full-time magistrates
are consistent with classification standards adopted by the Judicial Conference. In addition to the
routine secretarial and clerical functions, employees of full-time magistrates will prepare transcripts
and operate recording equipment when a record of proceedings is required. Unless waived by the defendants,
proceedings for the trial of minor criminal offenses encompassed by the statute must be made a matter of
record in compliance with 18 U.S.C. 3401(e), as amended. Also, when a magistrate examines a complainant
as a condition precedent to the issuance of a warrant, such inquiry must be recorded either manually or by
mechanical means. Preliminary proceedings to determine probable cause also must be a matter of record pur-
suant to 18 U.S.C. 3060(f).

With respect to part-time magistrates, the Act provides that they shall be reimbursed for expenses incurred
for clerical and secretarial assistance. Accordingly, the amounts required for this purpose are included
under "Other Services" as reimbursable expenses of part-time magistrates.

Personnel Benefits

Section 634 (c) of Title 28, of the United States Code, regards all United States magistrates and all necessary clerical and secretarial assistants of full-time magistrates, as "officers and employees in the

coverage and health benefits programs. Judicial Branch of the United States Government" for civil service retirement benefits, group The initial annual cost of Government contributions to grams on behalf of these officers and employees is estimated at $295,000.

Travel and Transportation of Persons

life insurance these pro

In many districts as an alternative to the appointment of part-time magistrates with a limited scope of
duties, United States magistrates performing a full range of duties will be called upon to conduct pro-
ceedings at places other than official headquarters. Magistrates conducting trials of minor offenses
under 18 U.S.C. 3401, as amended, at military installations, National Parks and other locations where the
Government has jurisdiction, will be called upon to be present at such places frequently for scheduled
court days. It will be necessary for magistrates to be accompanied by a secretarial and/or clerical assist-
ant on such occasions and to transport recording equipment. Magistrates serving under the pilot program
have been urged to perform such travel by privately-owned automobiles to transport personnel and necessary
supplies and recording equipment. Inasmuch as such travel will generally be confined to established
working hours during a single calendar day, magistrates and employees will incur little if any reimbursable
subsistence expenses and payment for mileage will be at the rate of ten cents as currently authorized for
officers and employees of the Judiciary.

It is estimated that a full-time magistrate and his supporting staff will incur travel expenses at an
average of $2,400 per year. Although part-time magistrates also may be assigned a full range of duties
and be required to perform similar travel, it is estimated that the per annum travel costs of part-time
magistrates will average approximately $240.

Accordingly, the request for funds to cover travel and transportation expenses of magistrates and employees during fiscal year 1971, is in the amount of $260,000.

Transportation of Things

The replacement of United States commissioners by United States magistrates during fiscal year 1971 will require a survey of property of the United States in the custody of commissioners available for transfer to offices of United States magistrates with resulting shipping costs. In addition, it is anticipated that shipping costs will be incurred in making recording equipment and related supplies available to newlyappointed magistrates. The estimate of expenses to be incurred in this category is $6,000.

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