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B-200108 1 (1983-05-24)

handle is hein.gao/gaobadlch0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 1ECISION OF THE UNITED STATES WASHINGTON. D.C. 20546 FILE: B-200108 DATE: May 24, 1983 MATTER OF: Magistrates' Authority to Order Withdrawals from Court Registry Funds DIGEST: Upon consent of all the parties, a magistrate may be specially designated to make final determinations of the district court in all civil matters. 28 U.S.C. S 636(c), as amended in 1979. Therefore, in those cases, a magistrate may also be legally authorized to order withdrawal of money from the court registry. The General Counsel of the Administrative Office of the Courts has asked whether a United States District Court Judge may delegate to U.S. magistrates the authority to order withdrawals of monies deposited into the court registry. Pursuant to 28 U.S.C. S 2042 (1976), an order of the court is required before withdrawal of money from the court registry. Mr. Carl Imlay, the General Counsel, for both legal and policy reasons, is of the opinion that the magis- trate cannot be delegated the authority to make withdrawals from the court registry. At least in one particular class of cases, we disagree with the question of the legal authority. The statute referred to above required until 1948 that a judge order withdrawal of the money. In that year the statute was revised, omitting any reference to judges with regard to the withdrawal of registry funds. The substitute language, contained in 28 U.S.C. S 2042, states in relevant part, No money deposited shall be withdrawn except by order of the court. The legislative history of this change does not indicate an intention to alter the substantive require- ,ments of this longstanding provision. For this and other reasons, the General Counsel concludes that a judge still has to order a withdrawal. The General Counsel advises that magistrates are appointed for limited terms under the Federal Magistrates Act, 28 U.S.C. §S'631 et seq. (1976 and Supp. V). He describes their jurisdiction as limited in nature and including:

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