Federal Magistrate: Hearings Before Subcommittee No. 4 ... 90-2, on S. 945, H.R. 5502, H.R. 8277, H.R. 8520, H.R. 8932, H.R. 9970, H.R. 10841, March 7, 13, 19681968 - 159 páginas |
Palavras e frases frequentes
89th Congress amended American Bar Association appointed areas arrested person article III court article III judge bill Chairman chapter civil committed committee compensation Congress constitutional defendant Department of Justice Director district judge EMANUEL CELLER enactment Federal Judicial Federal Judicial Center Federal Magistrates Act fee system FINLEY full-time magistrates full-time United Improvements in Judicial initial appearance Judge EDWARDS judicial administration Judicial Conference judicial district Judicial Machinery judicial officers lawyers legislation magis magistrate's McCLORY minor offenses O. C. FISHER office of United part-time magistrates part-time United petty offenses POFF preliminary examination preliminary hearing present problem proceedings proposed section provisions pursuant question referee in bankruptcy REIFSNYDER right to trial ROGERS salary section 636 Section of Judicial Senator TYDINGS subcommittee subsection Supreme Court tion title 28 trate trial jurisdiction U.S. attorney U.S. commissioner system U.S. district court U.S. magistrate United States Code United States commissioners United States magistrates waiver WHITENER WIGGINS
Passagens conhecidas
Página 78 - February 8, 1951 and by the Board of Governors and the House of Delegates of the American Bar Association...
Página 50 - The informations, in charging violations of § 301 (a), did not allege that the acts committed were done "with intent to defraud." Hence the maximum penalty was imprisonment for not more than a year, or a fine of not more than $1,000, or both. Prosecution by information was therefore authorized by the statute (see Duke v.
Página 78 - I was Chairman of the Section of Judicial Administration of the American Bar Association...
Página 125 - States district courts; (2) assistance to a district judge in the conduct of pretrial or discovery proceedings in civil or criminal actions; and (3) preliminary review of applications for posttrial relief made by individuals convicted of criminal offenses, and submission of a report and recommendations to...
Página 42 - If from the evidence it appears to the commissioner that there is probable cause to believe that an offense has been committed...
Página 55 - A state has the right to impose conditions, not in conflict with the constitution or the laws of the United States, to the transaction of business within its territory by an insurance company chartered by another state, or to exclude such company from its territory, or, having given a license, to revoke it, with or without cause.
Página 6 - Full-time United States magistrates may not engage in the practice of law, and may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of their duties as judicial officers.
Página 112 - ... (3) In the case of an individual appointed to serve in a national park, he resides within the exterior boundaries of that park, or at some place reasonably adjacent thereto; "(4) He is not related by blood or marriage to a judge of the appointing court or courts at the time of his initial appointment.
Página 40 - When a case is tried before a magistrate, jurisdiction remains In the district court and is simply exercised through the medium of the magistrate. The magistrate's position is analogous to the position of the referee in bankruptcy, of the special master and of the present United States Commissioner. Second, both the Government and the defendant must consent to trial before the magistrate rather than before the district judge. Such a waiver is effective because no Article III jurisdictional rule requires...
Página 41 - The Act's sponsors made it quite clear that the magistrate acts "under the supervision of the district judges" when he accepts a referral, and that authority for making final decisions remains at all times with the district judge. Senate Report, p. 12. "[A] district judge would retain ultimate responsibility for decision making in every instance in which a magistrate might exercise additional duties jurisdiction.