MAGISTRATE JUDGES: A PRIMER FOR YOUNG LAWYERS By:
Post# of 15187
Posted On: 08/25/2016 1:10:38 PM
MAGISTRATE JUDGES: A PRIMER FOR YOUNG LAWYERS
By: Cynthia Devasia, Esq. and Andreas Koutsoudakis, Esq.
Imagine your firm is representing a defendant in a § 1983 civil rights case. At the inception, the district judge assigned to the case seeks the parties' consent to disposition of the case by a magistrate judge. This often occurs at the first Rule 16 conference before the district judge, so don't get caught flat footed. As is often the case, the district judge may not disclose the name of the magistrate judge unless asked. Since your firm's decision as to whether or not to consent may depend greatly on who the magistrate judge is, don't be shy to ask that question immediately. Once you know who the intended magistrate is, and before you decide whether or not to consent, it is important that you know what a magistrate judge is and what authority she will have in your case.
WHAT IS A MAGISTRATE JUDGE?
Simply put, a magistrate judge is a judge who, pursuant to 28 U.S.C. § 631 et seq., is authorized to assist the district courts and judges in managing and resolving criminal and civil cases. The office of the magistrate judge was first created by the Federal Magistrates Act of 1968. With that legislation, Congress sought to improve the judiciary's efficiency and assist federal district court judges facing overflowing dockets. The new magistrate judge system replaced the old commissioners system which had developed under the Judiciary Act of 1789 and operated within the federal courts for nearly 175 years. Since 1968, Congress has clarified and expanded the role of the magistrate judge through a number of other legislative enactments.
Today, magistrate judges conduct preliminary proceedings in both criminal and civil cases, conduct certain trials and perform any other duties delegated to them by the district judge as long as they are not inconsistent with the Constitution and laws of the United States. 28 U.S.C. § 636. In 2010, magistrate judges disposed of 1,027,191 matters. These matters included preliminary criminal proceedings such as search warrants, arrest warrants and summonses, evidentiary hearings, pretrial conferences, probation/supervised release hearings, and guilty plea proceedings. Civil proceedings conducted by magistrates included deciding dispositive and non-dispositive motions, fact finding for preliminary injunction motions, pretrial conferences, settlement conferences, mediations, evidentiary hearings, social security appeals, and special masterships. Trials conducted by magistrates included civil consent trials and misdemeanor/petty offense cases. Magistrate judges were also involved in prisoner litigation matters such as state and federal habeas corpus cases, civil rights cases, and evidentiary hearings.
By: Cynthia Devasia, Esq. and Andreas Koutsoudakis, Esq.
Imagine your firm is representing a defendant in a § 1983 civil rights case. At the inception, the district judge assigned to the case seeks the parties' consent to disposition of the case by a magistrate judge. This often occurs at the first Rule 16 conference before the district judge, so don't get caught flat footed. As is often the case, the district judge may not disclose the name of the magistrate judge unless asked. Since your firm's decision as to whether or not to consent may depend greatly on who the magistrate judge is, don't be shy to ask that question immediately. Once you know who the intended magistrate is, and before you decide whether or not to consent, it is important that you know what a magistrate judge is and what authority she will have in your case.
WHAT IS A MAGISTRATE JUDGE?
Simply put, a magistrate judge is a judge who, pursuant to 28 U.S.C. § 631 et seq., is authorized to assist the district courts and judges in managing and resolving criminal and civil cases. The office of the magistrate judge was first created by the Federal Magistrates Act of 1968. With that legislation, Congress sought to improve the judiciary's efficiency and assist federal district court judges facing overflowing dockets. The new magistrate judge system replaced the old commissioners system which had developed under the Judiciary Act of 1789 and operated within the federal courts for nearly 175 years. Since 1968, Congress has clarified and expanded the role of the magistrate judge through a number of other legislative enactments.
Today, magistrate judges conduct preliminary proceedings in both criminal and civil cases, conduct certain trials and perform any other duties delegated to them by the district judge as long as they are not inconsistent with the Constitution and laws of the United States. 28 U.S.C. § 636. In 2010, magistrate judges disposed of 1,027,191 matters. These matters included preliminary criminal proceedings such as search warrants, arrest warrants and summonses, evidentiary hearings, pretrial conferences, probation/supervised release hearings, and guilty plea proceedings. Civil proceedings conducted by magistrates included deciding dispositive and non-dispositive motions, fact finding for preliminary injunction motions, pretrial conferences, settlement conferences, mediations, evidentiary hearings, social security appeals, and special masterships. Trials conducted by magistrates included civil consent trials and misdemeanor/petty offense cases. Magistrate judges were also involved in prisoner litigation matters such as state and federal habeas corpus cases, civil rights cases, and evidentiary hearings.
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