96th Congress > House > Vote 256
Description: TO PASS H.R. 1046, A BILL ENLARGING THE CIVIL AND CRIMINAL JURISDICTION OF U.S. MAGISTRATES. (MOTION PASSED)
Bill summary: (Measure passed House, amended, roll call #277 (374-42))
Magistrate Act of 1979 - Empowers a United States magistrate, when specially designated by a district court and upon consent of the parties, to conduct proceedings in a jury or nonjury civil matter. Authorizes appeal of such decisions to the district court, or directly to the court of appeals upon prior consent of the parties.
Requires that anyone appointed as a magistrate must have been a member of a bar of the highest court of a State,
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the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands of the United States for at least five years.
Specifies procedures for the appointment of magistrates, including the creation of a Magistrate Selection Panel. Requires the district court to select magistrates from those recommended by the Panel.
Requires the Director of the Administrative Office of the United States Courts to inform Congress annually on the background and qualifications of magistrates, and appeals from their decisions.
Authorizes United States courts to require payment by the Government for the expenses of printing the record on appeal from magistrate proceedings.
Authorizes magistrates to try any person accused of a misdemeanor, including a jury trial, unless such person elects to be tried before a district court judge.
Allows the magistrate to impose sentences of up to one year for misdemeanors or six months in other cases.
Authorizes appropriations for this Act on or after October 1, 1980.
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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. 86, p. 5102;
Links for more info on the vote: congress.gov
