(a) JURISDICTION TO CONDUCT TRIALS OF MISDEMEANOR CASES.
A magistrate judge may conduct trials (with or without a jury), accept pleas, impose
sentence, and otherwise exercise jurisdiction in cases of misdemeanor offenses in
accordance with 18 U.S.C. § 3401 and Rule 58, Federal Rules of Criminal Procedure.
(b) RECORDING THE PROCEEDINGS.
The court must record any proceedings under this rule by using a court reporter or a
suitable recording device.
(c) PRESENTENCE INVESTIGATION AT THE REQUEST OF A MAGISTRATE
JUDGE.
When requested by a magistrate judge, the Probation Office shall conduct a presentence
investigation and render a report on any person convicted or who pleads guilty or nolo
contendere before the magistrate judge.
(d) PAYMENT OF FIXED SUM IN LIEU OF APPEARANCE.
(1) In accordance with Rule 58(d), Federal Rules of Criminal Procedure, the
magistrate judge may in suitable misdemeanor cases accept payment of a fixed
sum in lieu of appearance. In such cases, payment of the fixed sum shall
terminate the proceeding. A schedule of fixed sums for misdemeanor cases
subject to this Rule shall be approved by the Court on recommendation of the
magistrate judges. The schedule may provide that the fixed sums will be
increased depending on the stage of the proceedings at which the sum is paid, but
the sum may not exceed the maximum fine allowed by law.
(2) If the defendant fails to pay a fixed sum, request a hearing, or appear in response
to a citation or violation notice, the Clerk or a magistrate judge may issue a notice
for the defendant to appear before the court on a date certain. The notice may
give the defendant an additional opportunity to pay a fixed sum in lieu of
appearance. The Clerk must serve the notice on the defendant by mailing a copy
to the defendant’s last known address.
(3) Upon an indictment, or upon a showing by one of the other charging documents
specified in Federal Rules of Criminal Procedure 58(b)(1) of probable cause to
believe that an offense has been committed and that the defendant has committed
it, the court may issue an arrest warrant or, if no warrant is requested by an
attorney for the government, a summons. The showing of probable cause must be
made under oath or under penalty of perjury, but the affiant need not appear
before the court. If the defendant fails to appear before the court in response to a
summons, the court may summarily issue a warrant for the defendant’s arrest.
(e) APPEAL
Appeal from a magistrate judge’s order or judgment under this Rule is governed by
Federal Rule of Criminal Procedure 58(g).
COMMENT TO LCrR 58: The Rule has been renumbered as LCrR 58 to conform with
the numbering of Federal Rule of Criminal Procedure 58. Changes and additions have
been made to conform with Federal Rule of Criminal Procedure 58.
