95th Congress > House > Vote 1477

Date: 1978-10-04

Result: 323-49

Vote Subject Matter: Government Management / Domestic Social Policy

Bill number: S1613

Description: TO PASS S. 1613, THE MAGISTRATE ACT OF 1978.

Bill summary: (Measure passed House, amended, (Inserted text of H.R. 9622 as passed House), roll call #873 (323-49)) Magistrate Act - Empowers a United States magistrate, when specially designated by the court which he serves and when the parties consent, to hear or otherwise determine any nonjury or jury civil matter. Sets forth procedures to appeal a matter so heard. Revises the method for selecting magistrates to require the Magistrate Selection Panel established in each district by the district court, (...show more) pursuant to this Act, to recommend nominees considered to be the best qualified to fill magistrate vacancies. Allows each district court to make a selection from such recommendations or to reject the first list of nominees provided by the Panel. Requires the Director of the Administrative Offices of the United States Courts to report to the Congress two years following the date of enactment of this Act on specified matters including, but not limited to, the qualifications of appointed magistrates. Requires, as a qualification for appointment, membership in one or more appropriate bars for at least five years. Expands the criminal jurisdiction of magistrates to include all misdemeanors. Permits a magistrate to impose sentence under the Youth Corrections Act. Specifies that a district court may have any misdemeanor case tried by a district judge rather than a magistrate. Authorizes the appropriation of such sums as are necessary to carry out the purposes of the Act. Abolishes diversity of citizenship as a basis of jurisdiction of Federal district courts. Retains alienage as a basis of jurisdiction and increases the amount in controversy requirement from $10,000 to $25,000, for such cases. Abolishes the amount in controversy requirement in Federal questions cases. Retains statutory interpleader as a basis for Federal jurisdiction. Permits venue for a Federal civil action in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated. Amends the Consumer Product Safety Act to require an amount of $10,000 in controversy in order to create Federal jurisdiction. Authorizes the district courts to deny costs to the plaintiff or to impose costs on the plaintiff where the plaintiff is finally adjudged to be entitled to recover less than the sum of value of $10,000.

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Bill titles: A bill to improve access to the Federal courts by enlarging the civil and criminal jurisdiction of United States magistrates, and for other purposes.

Original source documents: Digest of the Congressional Record vol. 124-159, p. 11511;

Links for more info on the vote: congress.gov

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