(A) Pleas of Guilty. The magistrate judge shall have no power to accept a plea
of guilty, but the magistrate judge may inquire into the voluntariness of such a plea
and its underlying factual basis as required by Fed. R. Crim. P. 11. In making such
inquiry, the magistrate judge shall use a form for the tender of guilty pleas
approved by the judges. The magistrate judge shall then assign the case to a judge.
If the plea meets the requirements of Rule 11 and if the magistrate judge is so
authorized by the judge, the magistrate judge may request the defendant to consent
in writing to a presentence investigation before plea of guilty and to examination of
the presentence report by the Court prior to the time the defendant pleads guilty.
If the inquiry into the defendant's plea of guilty is not conducted by the
magistrate judge, the judge shall conduct the inquiry at arraignment. In every case
where a defendant pleads guilty, the final determination that the defendant's plea is
voluntary shall be made by the judge.
The Probation Department shall, at the direction of the magistrate judge or
judge, as appropriate, conduct the presentence investigation.
CR-11
(B) Pleas of Nolo Contendere. The magistrate judge shall have no power to
accept a plea of nolo contendere. Any tender of a plea of nolo contendere shall be
filed with the clerk at arraignment, unless tender at a later time has been expressly
approved by the Court. The United States shall have seven (7) days to respond.
Copies of the tender and the response shall be served on opposing counsel. The
government's response and the defendant's statement in support of the nolo plea
shall be submitted directly to the judge to whom the plea is assigned and shall not
be filed with the clerk as they are not part of the permanent criminal case.
The Court shall notify the parties of its acceptance or refusal of the nolo plea
no later than fourteen (14) days before trial. Subsequent to the ruling by the Court,
the tender of plea form shall be returned to the clerk's office to become part of the
permanent file. The statement of the defendant and the response of the government
shall become part of the defendant's probation record and shall be included in the
file with the presentence report.
(C) Pleas of Not Guilty. The magistrate judge shall be authorized to accept a
plea of not guilty or to direct the entry of such a plea. Upon accepting the plea, the
magistrate judge shall assign the case to a judge.
