(a) Duties Prescribed. All Magistrate Judges in the District of Arizona shall
perform the duties prescribed by 28 U.S.C. § 636. The only limitations on the duties and
responsibilities delegated to and performed by a part-time Magistrate Judge are those
limitations specifically set forth in 28 U.S.C. § 636 or other applicable statute or General
Order.
(b) Duty Stations. The Magistrate Judges maintaining official stations at
Grand Canyon National Park, Phoenix, Yuma, Flagstaff, Page, Kingman, and Tucson, are
each specifically designated pursuant to 18 U.S.C. § 3401 to try persons accused of, and
sentence persons convicted of misdemeanors. Any Magistrate Judge may accept a
forfeiture of collateral or may enter judgment in a misdemeanor case based on a plea of
guilty or nolo contendere. A Magistrate Judge trying a defendant charged with a
misdemeanor shall do so in the manner prescribed by Rule 58 of the Federal Rules of
Criminal Procedure.
(c) Consent of Defendant. Upon the transfer, under Rule 20 of the Federal
Rules of Criminal Procedure, of any information, complaint, or indictment charging a
misdemeanor, the case shall be referred without unnecessary delay to a Magistrate Judge
who may take a plea and impose sentence in the manner prescribed by Rule 58 of the
Federal Rules of Criminal Procedure.
(d) Other Duties. Subject to the Constitution and laws of the United States,
the full-time Magistrate Judges in the District of Arizona shall perform the following
duties:
(1) Assist the District Judges in the conduct of pretrial discovery
proceedings in criminal actions. A Magistrate Judge may hear and determine a procedural
or discovery motion or other pretrial matter in a criminal case other than the motions
which are specified in 28 U.S.C. § 636(b)(1)(A). As to such specified motions so
assigned, a Magistrate Judge shall, upon designation by a District Judge, submit to that
District Judge a report containing proposed findings of fact and recommendations for
disposition by the District Judge.
(2) Conduct voir dire examinations and select juries in criminal cases by
express consent of all parties.
(3) Conduct all detention hearings, including juvenile hearings pursuant
to 18 U.S.C. § 5034, and hearings to amend, modify or revoke conditions of release under
the Bail Reform Act of 1984, as amended. All Magistrate Judges are specifically
authorized to conduct detention hearings on alleged probation and supervised release
violations unless the assigned District Judge directs otherwise.
(4) Review and submit recommendations to a District Judge on all
petitions for revocation of probation and supervised release and conduct necessary
proceedings leading to the potential revocation of probation and supervised release and,
upon the express consent of the parties and order of referral from a District Judge, take all
admissions to violations of probation or supervised release conditions.
(5 Conduct arraignments, accept not guilty pleas, and set deadlines for
filing of motions and responses thereto in criminal cases.
(6) Receive the return of indictments by the Grand Jury and issue bench
warrants when necessary for defendants named in the indictments.
(7) Dismiss indictments on motion of the United States Attorney and
with the consent of the defendants.
(8) Enter orders for examination to determine mental competency; hold
hearings and conduct examinations to determine mental competency; and enter orders
determining mental competency except any motion to involuntarily medicate a defendant
in an effort to restore competency.
(9) Conduct preliminary proceedings incident to transfer of cases
pursuant to Rule 20, Federal Rules of Criminal Procedure.
(10) Issue subpoenas and writs of habeas corpus ad prosequendum and
writs of habeas corpus ad testificandum or other orders necessary to obtain the presence
of parties, witnesses, or evidence needed for court proceedings.
(11) Enter orders forfeiting bail where a defendant’s bail conditions are
breached in petty offense cases or Class A misdemeanor cases wherein all parties have
consented to a Magistrate Judge pursuant to Rule 58 of the Federal Rules of Criminal
Procedure.
(12) Hear and adjudge objections to notice of the Government's intention
to destroy all but samples of controlled substance seizures and any hazardous chemical
substance. Such determinations may include ex parte consideration by the Magistrate
Judge if exigent circumstances reasonably require such.
(13) Issue orders upon appropriate application for disclosure of Grand
Jury information pursuant to Rule 6(e)(3)(E) of the Federal Rules of Criminal Procedure.
(14) Make determinations of indigency based upon a signed and
completed financial affidavit or upon oath or affirmation of a defendant pursuant to 18
U.S.C. § 3006A(b).
(15) Conduct extradition proceedings in accordance with 18 U.S.C. §
3184 and 18 U.S.C. § 4108 regarding fugitives or offenders from a foreign country to the
United States.
(16) Direct the probation service of the Court to conduct a presentence
investigation in any misdemeanor case or felony case referred to the Magistrate Judge for
taking of a guilty plea.
(17) Conduct a jury trial in a Class A Misdemeanor case upon the express
written consent of all the parties and any petty offense case where the parties request a
jury trial and are entitled to trial by jury under the Constitution and laws of the United
States.
(18) In cases assigned to the Magistrate Judge, make determinations and
enter appropriate orders pursuant to the Speedy Trial Act, unless otherwise indicated by
the Act.
(19) Conduct pretrial conferences, settlement conferences, and related
pretrial proceedings in criminal cases upon the referral of a District Judge.
(20) Accept waivers of indictment pursuant to Rule 7(b) of the Federal
Rules of Criminal Procedure.
(21) Accept petit jury verdicts in criminal cases with consent of the
parties and upon the referral of a District Judge.
(22) Perform the functions specified in 18 U.S.C. § 4107 and § 4109
regarding the transfer of an offender from the United States to a foreign country, conduct
recorded proceedings for verification of the offender’s voluntary consent to transfer from
the United States and appoint counsel therein pursuant to 18 U.S.C. § 3006A.
(23) Issue orders authorizing the installation and use of a pen register or a
trap and trace device pursuant to 18 U.S.C. §§ 3122-23, and related orders directing the
furnishing of information, facilities and technical assistance necessary to accomplish the
installation of the pen register or trap and trace device as well as orders and search
warrants pursuant to 18 U.S.C. § 2701 through 2710 for subscriber or customer
information and for contents of electronic communications, as provided by law.
(24) Issue orders and search warrants authorizing civil administrative and
other examinations, inspections, searches, and seizures as permitted by law.
(25) Conduct felony guilty plea proceedings pursuant to Rule 11, Federal
Rules of Criminal Procedure upon referral of such proceedings by a District Judge with
the consent of the parties, or upon the filing of an information prior to assignment of a
District Judge after waiver of indictment in open court before a Magistrate Judge in
compliance with Rule 7(b), Federal Rules of Criminal Procedure, with the express written
consent of the parties. The Magistrate Judge shall make findings with respect to the
voluntariness of the plea and the defendant's understanding of other matters as required
by Rule 11(b), Federal Rules of Criminal Procedure, the presence of a factual basis for
the plea, and shall make a recommendation whether the guilty plea should be accepted by
the District Judge.
(26) Issue orders upon appropriate application for access to sealed
records pursuant to LRCrim 49.6.
(27) Perform such additional duties as are not inconsistent with the
Constitution and laws of the United States as may be assigned by the Court pursuant to
28 U.S.C. § 636(b).
(e) Waiver of Appearance. A person who is charged with a misdemeanor, as
defined in 18 U.S.C. 3559(a)(6)-(9), may, in lieu of appearance, post collateral in the
amount indicated by the offense, waive appearance before a Magistrate Judge, and
consent to forfeiture of collateral to the United States.
(f) Amount of Collateral Set. A Schedule of Collateral for all violations
signed by this Court shall be maintained in the office of the Clerk of the Court in Phoenix
and Tucson, and the office of each Magistrate Judge. The Schedule shall be available for
examination by the public upon request. Schedules may be amended from time to time by
order of the Court. The Magistrate Judge may increase or decrease the amount of
collateral, but if increased, the collateral may not exceed the maximum fine which could
be imposed upon conviction.
(g) Violation of Release. Nothing contained in paragraph (e), of this Local
Rule, shall prohibit a law enforcement officer from arresting any person for the
commission of any offense, including any offense for which collateral may be posted and
forfeited. Upon such arrest, a law enforcement officer shall take without unnecessary
delay the arrested person before a Magistrate Judge, or require the person charged to
make a mandatory appearance before a Magistrate Judge. In the event a Magistrate Judge
is not readily available, an arrested person may post bail in the amount set for the offense
in the Schedule of Collateral or if no amount is set then five hundred dollars ($500.00),
unless the person is taken without unnecessary delay before a state or local judicial
officer authorized by the 18 U.S.C. 3041, who may then set bail and/or other conditions
of release, if appropriate, pursuant 18 U.S.C. 3142.
