18-U.S.C.-5034
§5034 – Duties of Magistrate Judge
Pathway
Title 18 > Part IV > Chapter 403 > Section 5034
Details
- Reference: Section 5034
- Legend: §5034 – Duties of Magistrate Judge
- USCode Year: 2013
Provision Content
The magistrate judge shall insure that the juvenile is represented by counsel before proceeding with critical stages of the proceedings. Counsel shall be assigned to represent a juvenile when the juvenile and his parents, guardian, or custodian are financially unable to obtain adequate representation. In cases where the juvenile and his parents, guardian, or custodian are financially able to obtain adequate representation but have not retained counsel, the magistrate judge may assign counsel and order the payment of reasonable attorneys fees or may direct the juvenile, his parents, guardian, or custodian to retain private counsel within a specified period of time.
The magistrate judge may appoint a guardian ad litem if a parent or guardian of the juvenile is not present, or if the magistrate judge has reason to believe that the parents or guardian will not cooperate with the juvenile in preparing for trial, or that the interests of the parents or guardian and those of the juvenile are adverse.
If the juvenile has not been discharged before his initial appearance before the magistrate judge, the magistrate judge shall release the juvenile to his parents, guardian, custodian, or other responsible party (including, but not limited to, the director of a shelter-care facility) upon their promise to bring such juvenile before the appropriate court when requested by such court unless the magistrate judge determines, after hearing, at which the juvenile is represented by counsel, that the detention of such juvenile is required to secure his timely appearance before the appropriate court or to insure his safety or that of others.
(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 87–428, Mar. 31, 1962, 76 Stat. 52; Pub. L. 93–415, title V, §504, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 100–690, title VII, §7045, Nov. 18, 1988, 102 Stat. 4400; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §924 (June 16, 1938, ch. 486, §4, 52 Stat. 765).
The words foster homes were inserted to remove any doubt as to the authority to commit to such foster homes in accordance with past and present administrative practice.
The reference to particular sections dealing with probation was omitted as unnecessary.
Changes were made in phraseology and arrangement.
Codification
Another section 504 of title V of Pub. L. 93–415, as added by Pub. L. 107–273, div. C, title II, §12222(a), Nov. 2, 2002, 116 Stat. 1895, is classified to section 5783 of Title 42, The Public Health and Welfare.
Another section 504 of title V of Pub. L. 93–415, as added by Pub. L. 102–586, §5(a), Nov. 4, 1992, 106 Stat. 5027, was classified to section 5783 of Title 42, The Public Health and Welfare, prior to the general amendment of that title V by Pub. L. 107–273.
Amendments
1988—Pub. L. 100–690 substituted facility) upon for facility upon in last par.
1974—Pub. L. 93–415 amended section generally, substituting Duties of magistrate, for Probation; commitment to custody of Attorney General; support in section catchline, and substituting provisions relating to procedure before, and duties of, magistrate, for provisions relating to probation, commitment to custody of Attorney General, duties of Attorney General, and procedures aiding court in determining whether to place juvenile on probation or commit him to custody of Attorney General.
1962—Pub. L. 87–428 added fourth par. authorizing commitment of a juvenile delinquent to the custody of the Attorney General for observation and study.
Change of Name
Words magistrate judge substituted for magistrate in catchline and wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-4321 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-4321, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
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