The Role of An Historic Overview

United States Magistrate Judges have a broad range of The Magistrate system evolved from responsibilities. The evolution of the role of Magistrate the United States commissioner system established in Judges is demonstrated by the fact that they handled over 1793. Congress conducted an exhaustive examination one million matters in the Federal District in 2010. of the commissioner system in 1965, during which District Judges who have chaired the committee charged overwhelmingly favored overhauling the system with administration of the Magistrate Judges’ system in and enhancing the position. After hearings, Congress the United States call Magistrate Judges “an indispensable enacted which replaced the position of resource” who are “fundamentally important” to the “commissioner” with what is now that of “Magistrate federal judicial system because they “perform critical Judge.” As a result of that legislation, Magistrate Judges duties to ensure the timely of both civil and became judicial officers entrusted with expanded criminal cases” filed in federal courts. While their duties that authorizes them to handle a wider may vary with the specific needs of each District , range of proceedings in civil and criminal cases. Magistrate Judges handle a wide array of federal civil and criminal cases nationwide. Since that time Congress has passed further United States amendments to: A sampling of the judicial functions performed Magistrate by Magistrate Judges demonstrates the potential • Authorize Magistrate Judges to try any civil case with breadth of their authority: consent of the parties and to order the entry of final ; Judges • Presiding at civil by consent of the parties and • Expand jurisdiction of Magistrate Judges to all entering judgments; federal ; • Presiding at criminal jury trials and • Require that Magistrate Judges be selected Their Function imposing sentences; and appointed in accordance with • Presiding at initial appearances, bond hearings, promulgated by the Judicial Conference of the and Purpose arraignments and other pretrial proceedings in federal United States; cases; • Expand Magistrate Judges’ civil and criminal in Our • Handling pretrial case management in complex civil cases; contempt authority; Federal Courts • Conducting and settlement conferences; • Give Magistrate Judges plenary authority in Class B and C misdemeanor cases without consent of the • Hearing and determining pretrial motions; defendant; and • Handling and other case-dispositive • Give Magistrate Judges authority to motions and administrative , such as Social juvenile defendants to terms of imprisonment in FMJA Security determinations; misdemeanor cases. • Reviewing prisoner suits collaterally attacking convictions or complaining of conditions of confinement; and • Issuing arrest and search warrants. A Publication of the Federal Magistrate Judges Association

26639-us brochurec4.indd 1 12/14/11 11:51 AM Understanding the Function and Purpose of Answers to some Commonly Asked Questions United States Magistrate Judges In America’s federal trial courts, justice is administered by Q. What are the standards for selecting a Q. Are a party’s rights affected when life-tenured District Judges, and by judges who serve fixed United States Magistrate Judge? litigants consent to have a Magistrate Judge hear a case? terms: United States Magistrate Judges and United States A. To be appointed as Magistrate Judge, Bankruptcy Judges. an individual must: A. No. Consenting to jurisdiction of a Magistrate • have been a member in good standing of the Judge does not eliminate substantive or This brochure illuminates the function and purposes of of the highest court of a State, District, procedural rights litigants would otherwise have United States Magistrate Judges – independent judges who Territory or Commonwealth of the United States before a District Judge. For example, parties serve federal District Courts by conducting a wide range for at least five years; retain their right to a and direct of judicial proceedings to help assure efficient disposition to a United States Court of Appeals. of the civil and criminal caseloads of the United States • be determined by the appointing District District Courts in cases, or parts of cases, assigned to them. Court to be competent to perform the duties In 2011, there were 527 full-time Magistrate Judges and of the office; Q. Do Magistrate Judges handle many civil 41 part-time Magistrate Judges in the United States. • have actively practiced for at least five years; jury cases? • be unrelated to a judge of the appointing court; A. Yes. In 2010, Magistrate Judges entered and judgments in 12,470 civil cases in the United • be selected under standards promulgated by States District Courts. When all parties consent, and Manner of Addressing the Judicial Conference of the United States, Magistrate Judges may conduct civil jury or a United States Magistrate Judge including screening by a Merit Selection Panel. trials and enter final judgments in civil cases of any type or size. • The official title of these judges is “United States Magistrate Judge.” Q. What’s the difference between a District Court and a “magistrate judge’s court”? Q. Do Magistrate Judges handle many • To be consistent with the position’s judicial role and criminal cases? official title as prescribed by law, a United States A. There is no “magistrate court.” Both District Magistrate Judge should be addressed, orally and in and Magistrate Judges preside in United A. Yes. Magistrate Judges may conduct trials writing, as “Judge.” States District Courts created under Article and dispose of all petty offense cases, and in • Although some state courts have a III of the . 2010 Magistrate Judges terminated 116,983 called a “magistrate,” that title as applied to a United misdemeanor and petty offense cases. States Magistrate Judge is obsolete. Because the word With consent of defendants, a Magistrate Q. How do civil litigants request trials before Judge may preside in Class A misdemeanor “magistrate” is merely descriptive of the type of judge, Magistrate Judges? to address a Magistrate Judge simply as “Magistrate” is cases, including conducting jury trials. A. All parties must consent, and the case must be akin to improperly addressing a Lieutenant Colonel as Although Magistrate Judges do not preside officially transferred by the District Judge. Forms “Lieutenant,” or a Bankruptcy Judge as “Bankruptcy.” at felony trials, they are authorized to are available from the clerk of court and on conduct preliminary and post-conviction District Court websites. proceedings in felony cases.

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