# 18 U.S.C. § 5034: Duties of magistrate judge

> Federal · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/usc_t18_s5034

## Section

- **Citation:** 18 U.S.C. § 5034
- **Heading:** Duties of magistrate judge
- **Jurisdiction:** Federal
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** May 4, 2026
- **Source:** Publisher's official text
- **Location:** Title 18—CRIMES AND CRIMINAL PROCEDURE > PART IV—CORRECTION OF YOUTHFUL OFFENDERS > CHAPTER 403—JUVENILE DELINQUENCY

## Text

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 attorney’s 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 .)

## Nearby sections

- [18 U.S.C. § 5001 Surrender to State authorities; expenses](https://www.frixlaw.com/law-library/statutes/usc_t18_s5001.md)
- [18 U.S.C. § 5002 Repealed. Pub. L. 104–134, title I, § 101[(a)] [title VI, § 614(a)(1)], Apr. 26, 1996 , 110 Stat. 1321 , 1321–65; renumbered title I, Pub. L. 104–140, § 1(a) , May 2, 1996 , 110 Stat. 1327 ]](https://www.frixlaw.com/law-library/statutes/usc_t18_s5002.md)
- [18 U.S.C. § 5003 Custody of State offenders](https://www.frixlaw.com/law-library/statutes/usc_t18_s5003.md)
- [18 U.S.C. § 5005, 5006 Repealed. Pub. L. 98–473, title II, § 218(a)(8) , Oct. 12, 1984 , 98 Stat. 2027 ]](https://www.frixlaw.com/law-library/statutes/usc_t18_s5005%20_us_usc_t18_s5006.md)
- [18 U.S.C. § 5007 to 5009 Repealed. Pub. L. 94–233, § 5 , Mar. 15, 1976 , 90 Stat. 231 ]](https://www.frixlaw.com/law-library/statutes/usc_t18_s5007...5009.md)
- [18 U.S.C. § 5010 to 5026 Repealed. Pub. L. 98–473, title II, § 218(a)(8) , Oct. 12, 1984 , 98 Stat. 2027 ]](https://www.frixlaw.com/law-library/statutes/usc_t18_s5010...5026.md)
- [18 U.S.C. § 5031 Definitions](https://www.frixlaw.com/law-library/statutes/usc_t18_s5031.md)
- [18 U.S.C. § 5032 Delinquency proceedings in district courts; transfer for criminal prosecution](https://www.frixlaw.com/law-library/statutes/usc_t18_s5032.md)
- [18 U.S.C. § 5033 Custody prior to appearance before magistrate judge](https://www.frixlaw.com/law-library/statutes/usc_t18_s5033.md)
- [18 U.S.C. § 5034 Duties of magistrate judge](https://www.frixlaw.com/law-library/statutes/usc_t18_s5034.md)
- [18 U.S.C. § 5035 Detention prior to disposition](https://www.frixlaw.com/law-library/statutes/usc_t18_s5035.md)
- [18 U.S.C. § 5036 Speedy trial](https://www.frixlaw.com/law-library/statutes/usc_t18_s5036.md)
- [18 U.S.C. § 5037 Dispositional hearing](https://www.frixlaw.com/law-library/statutes/usc_t18_s5037.md)
- [18 U.S.C. § 5038 Use of juvenile records](https://www.frixlaw.com/law-library/statutes/usc_t18_s5038.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/usc_t18_s5034. Check the current official text before relying on it. Not legal advice.