(a) GENERAL DUTIES.
The United States Magistrate Judges appointed by this Court pursuant to 28 U.S.C. § 631
shall have the duty and the power to:
(1) Act as committing magistrate judge in holding preliminary hearings for violations
of the United States Code.
(2) Issue arrest warrants or summonses for violations of the United States Code.
(3) Issue search warrants.
(4) Conduct transfer proceedings and conduct proceedings incident to the transfer of
criminal cases, as provided in Rules 5, 5.1 and 40, Federal Rules of Criminal
Procedure.
(5) Receive indictments returned by the grand jury and issue bench warrants, when
necessary, for defendants named in indictments.
(6) Conduct international extradition proceedings pursuant to 18 U.S.C. § 3181 et
seq.
(7) Administer oaths and affirmations and take acknowledgments, affidavits and
depositions.
(8) Impose or review conditions of release under applicable federal law.
(9) Order the return or the forfeiture of collateral or surety bonds.
(10) Issue subpoenas, writs of habeas corpus ad testificandum, or habeas corpus ad
proseduendum, or other orders necessary to obtain the presence of parties or
witnesses or evidence needed for court proceedings.
(11) Order lineups, photographs, fingerprinting, palm-printing, voice identification,
medical or physical examinations, and the taking of blood, urine, fingernail, hair
and bodily secretion sampling (with any appropriate medical safeguards required
by due process considerations) and handwriting exemplars.
(12) Ascertain whether defendants or any other persons entitled to counsel in criminal
matters are represented by counsel and, in instances where any such person is
financially unable to obtain counsel, appoint counsel to represent the person.
(13) Conduct proceedings and enter orders as described in LCrR 58.
(14) Refer a defendant to an available facility for a preliminary opinion; hear motions
and enter orders for examinations to determine mental competency; and conduct
competency hearings to determine a defendant's ability to understand and to
participate in any proceeding which a magistrate judge is authorized to conduct.
(b) POWERS EXERCISED UPON REFERRAL FROM A DISTRICT JUDGE.
At the request of the district judge to whom the case is assigned, a magistrate judge shall:
(1) Conduct proceedings and enter orders or recommendations as described in LCrR
59.1 and LCrR 59.2 of these Rules.
(2) Dismiss indictments on motion of the United States and with the consent of the
defendants.
(3) Conduct arraignments in felony cases pursuant to Rule 10, Federal Rules of
Criminal Procedure.
(4) Conduct voir dire and select petit juries in felony cases, upon consent of the
defendant.
(5) Conduct guilty plea proceedings in felony cases upon consent of the parties, and
forward recommendations to the district judge to whom the case is assigned.
(6) Perform any additional duty not inconsistent with the Constitution and laws of
the United States.
COMMENT TO LCrR 57.17: The Rule has been revised to remove references to civil
procedure. Section (a)(5) has been moved from the previous section (c) to clarify that
indictments may be returned to magistrate judges in accordance with Rule 6(f), Federal
Rules of Criminal Procedure. Other changes have also been made to conform to the
Federal Rules of Criminal Procedure. Section (b)(4) has been amended to make explicit
that, in order for voir dire to be conducted before a magistrate judge in a felony case, the
parties must consent, in accordance with Peretz v. United States, 501 U.S. 923 (1991).
Section (b)(5) has been added to give magistrate judges the authority to conduct guilty
plea proceedings in felony cases upon the consent of the parties. Section (b)(6) has been
moved from section (a) to make clear that it is one of the duties that may be performed
only at the request of a judge.
