Section consolidates and simplifies all provisions of sections 17 , 21 and of title 28 , U. Sections 17 and 21 of title 28 , U. The revised section omits all such words and leaves designation of assignment to the chief judge of the circuit. If the chief judge is unable to perform his duties they devolve, under section 45 of this title , upon the circuit judge next in seniority of commission.
The provision of said section 17, that designation of a district judge to another circuit should be from an adjacent circuit if practicable, was omitted as an unnecessary restriction on the discretion of the Chief Justice. Section 19 of title 28 , U.
It authorized the Chief Justice of the United States to designate and assign any district judge to a district upon receiving a certificate from the clerk of the district that all circuit judges and the circuit justice were absent from the circuit, or were unable to appoint a substitute judge for the district,or where the district judge actually designated was disabled or neglected to hold court.
Reference in said section 17 to retired judges were omitted as covered by section of this title. Other provisions of said section 17 of title 28 , U. Other provisions of said section of such title are incorporated in sections 45 and 47 of this title.
Regardless of age, judges must serve at least 10 years to qualify for senior status. Upon taking senior status, judges may choose to handle a reduced caseload.
Senior judges handle about 20 percent of the total district and appellate caseload. By taking senior status, even if maintaining a full caseload, a judge creates a vacancy on the court, to be filled by the nomination and confirmation process for Article III judges. Senior judges receive the salary of their position at the time of taking senior status as an annuity. Because there is no mandatory retirement age for Article III judges, there is no requirement that they take senior status.
There are other types of judges and judicial offers preside over certain kinds of cases, matters, and proceedings. Magistrate judges are judicial officers of the U. They have authority to issue warrants, conduct preliminary proceedings in criminal cases, such as initial appearances and arraignments, and hear cases involving petty offenses committed on federal lands. In most districts, magistrate judges handle pretrial motions and hearings in civil and criminal cases.
While most civil cases are tried by district judges, magistrate judges may also preside over civil trials if all parties consent. Like other federal judges, all full-time magistrate judges are paid the same salary, regardless of where they serve or their years of service. The position and authority of magistrate judges was established in They must also be vetted by a merit selection panel that consists of lawyers and non-lawyers from the community.
By majority vote of the U. In addition, there are a small number of part-time magistrate judges who serve four-year terms. The number and location of magistrated judges is determined by the Judicial Conference of the United States. Bankruptcy judges are judicial officers of the district court who preside exclusively over bankruptcy proceedings and cases. Magistrate Judge," or "Magistrate Judge.
This title is established by 28 U. District Court and handles cases referred by U. Lynn H. Agnello; Judge Agnello; the judge. If there is a risk of confusion with a district judge, in later references make it Magistrate Judge Agnello or the magistrate judge.
Confusion arises because the position was "U. Magistrate" until redesignated as "United States Magistrate Judge" in Magistrate," "federal magistrate," and "magistrate. The current magistrate judge system was begun by Congress in expanding on the year old United States commissioner system.. Magistrate judges perform a wide range of duties in civil and criminal cases.
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