Federal magistrate judge
From Judgepedia
Contents |
Magistrate judges preside over nearly any kind of federal trial except for felonies. In the federal court system, they play a role similar to that of a Justice of the Peace in local courts throughout the country. The specific duties of a magistrate judge vary from district to district, but the responsibilities always include handling many routine matters which would otherwise be on the dockets of the Article III federal judges.[1]
There are full-time magistrates, who serve for renewable terms of eight years and part-time magistrates, who serve for renewable terms of four years.
Position created
The U.S. Congress established the role of federal magistrate judges in 1968 with the Federal Magistrates Act of 1968 (82 Stat. 1107). The position replaced the role of federal court commissioner with the broader and more powerful office of United States Magistate. Magistrate judges are empowered to dispose of a greater range of minor matters than had been the case with the previous position of commissioner.[1] The office of federal magistrate judge became fully operational in 1971 after a trial period in five district courts. When the position was first established, the official title was "Magistrate". On December 1, 1990 an Act of Congress changed the title to "Magistrate Judge".[1]
Specific roles intended for magistrates were:
- The authority to conduct misdemeanor trials, if the defendant agreed.
- To serve as special masters in civil actions.
- Assist district judges in pre-trial and discovery proceedings and with appeals.
- If a majority of the district judges in a particular district agreed, the 1968 act allowed them to assign to magistrates "additional duties as are not inconsistent with the Constitution and laws of the United States.:
Requirements for service
In order to be appointed as a magistrate judge, a potential nominee must be a member of the bar of the highest court of the state where they serve.
Limitations
In 1974, the Supreme Court of the United States ruled that magistrates cannot conduct evidentiary hearings in habeas corpus actions.
In 1976, the U.S. Congress responded to this limitation with 90 Stat. 2729 which gave further definition to the 1968 act and specifically granted magistrates the authority to conduct habeas proceedings.
Act of 1979
In the Federal Magistrates Act of 1979 (93 Stat. 643), the U.S. Congress expanded the authority of the magistrates by:
- Granting consent jurisdiction to magistrates. This authorizes them to conduct civil trials as long as the parties to the trial consent.
- Magistrates were also allowed to preside over misdemeanor trials as long as the defendant in the case waives his or her right to a trial before a district judge.
- Providing for merit selection panels to assist district judges in the appointment of magistrates.
Act of 1990
The Judicial Improvements Act of 1990 (104 Stat. 5089) changed the title of the office from "magistrate" to "magistrate judge".
How many?
The number of magistrate judgeships is determined by the Judicial Conference of the United States.
As of 2009, 466 full-time and 60 part-time magistrate judgeships are authorized. Three additional positions that combine the role of magistrate judge with the role of clerk of court are also authorized.
