In addition to the powers and duties set out in 28 U.S.C. § 636(a), after an
indictment is returned or an information is filed in a felony case, magistrate judges
are authorized under 28 U.S.C. § 636(b) to perform any duties assigned to them
by any district judge of this court that are consistent with the Constitution and laws
of the United States.
(a) Pretrial Matters.
In the absence of a district judge's decision to reserve a proceeding for
decision by a district judge, see NECrimR 59.1(e), and with the exception
of the motions and petitions listed in Nebraska Criminal Rule 59.1(c), a
magistrate judge of this court is authorized and assigned to hear and
determine pretrial matters including but not limited to:
(1) accepting criminal complaints and issuing arrest warrants or
summonses, see Fed. R. Crim. P. 3 and 4; NECrimR 3.1 and 4.1;
(2) conducting initial appearances and imposing release conditions, see
Fed. R. Crim. P. 5; NECrimR 5.1;
(3) conducting preliminary examinations, see Fed. R. Crim. P. 5.1; 18
U.S.C. § 3060;
(4) receiving grand jury returns, see Fed. R. Crim. P. 6(f); NECrimR 6.4;
(5) accepting waivers of indictment, see Fed. R. Crim. P. 7(b);
(6) receiving executed or cancelling unexecuted arrest warrants, see
Fed. R. Crim. P. 4(c)(4), 9(c)(2);
(7) conducting arraignments, see Fed. R. Crim. P. 10;
(8) hearing motions and entering orders for examinations to determine
mental competency, see 18 U.S.C. §§ 4241-4248; Fed. R. Crim. P.
12.2(c);
(9) hearing and determining discovery motions and motions to sever,
see Fed. R. Crim. P. 12, 14-16; NECrimR 12.1-12.3, 16.2;
(10) issuing subpoenas, writs of habeas corpus ad testificandum or
habeas corpus ad prosequendum, or other orders necessary to
obtain the presence of parties, witnesses or evidence needed for
Effective December 1, 2025 Nebraska Criminal Rules
court proceedings, see Fed. R. Crim. P. 17; NECrimR 17.2;
(11) conducting initial appearances and preliminary hearings in probation
and supervised release revocation proceedings, see Fed. R. Crim.
P. 32.1;
(12) conducting proceedings for defendants arrested in this district under
a warrant issued in another district for allegedly failing to appear or
violating release conditions and issuing all necessary orders incident
thereto, see Fed. R. Crim. P. 40;
(13) issuing search warrants and receiving warrant returns, see Fed. R.
Crim. P. 41; NECrimR 41.1;
(14) authorizing the installation of pen registers and devices including trap
and trace devices (and issuing orders to assist), beeper devices
(transponders), and clone beepers;
(15) determining if defendants have knowingly and voluntarily waived
counsel, appointing attorneys for defendants who cannot afford
them, and approving attorney expense vouchers, see 18 U.S.C.
§ 3006A; Fed. R. Crim. P. 44; NECrimR 44.1, 44.2, 44.3; NEGenR
1.7(g);
(16) determining issues of release or detention of defendants, material
witnesses, and confidential informants, see 18 U.S.C. §§ 3141-3156;
Fed. R. Crim. P. 46 (a), (d), (e)-(j); NECrimR 46.1, 46.3;
(17) ordering exoneration or forfeiture of bonds, see Fed. R. Crim. P. 46
(f)-(g); NECrimR 46.1;
(18) determining the propriety of joint representation of criminal
defendants, see Fed. R. Crim. P. 44; NECrimR 44.4;
(19) hearing and determining applications for admission to practice
before this court, see NEGenR 1.7(d)-(f);
(20) directing the payment of basic transportation and subsistence
expenses for defendants financially unable to bear the costs of travel
to required court appearances, see 18 U.S.C. § 4285;
(21) conducting initial proceedings upon the appearance of an individual
accused of an act of juvenile delinquency, see 18 U.S.C. § 5034; and
Effective December 1, 2025 Nebraska Criminal Rules
(22) performing the functions specified in 18 U.S.C. §§ 4107, 4108, and
4109 regarding (1) offenders' verification of consent to transfer to or
from the United States and (2) attorney appointments.
(b) Additional Pretrial Matters.
Upon written order or a district judge's specific oral referral, a magistrate
judge is also authorized to:
(1) rule on pre-indictment challenges to grand jury subpoenas or other
motions related to grand jury proceedings, see NECrimR 6.2;
(2) exercise general supervision of criminal calendars, including the
handling of calendar and status calls, and motions to continue or
expedite trials, see NECrimR 12.1; and
(3) conduct pretrial conferences in a criminal case, see Fed. R. Crim. P.
17.1.
(c) Dispositive Matters.
(1) Magistrate Judge's Recommendation.
A magistrate judge may submit to a district judge a report containing
proposed findings of fact and a recommendation for disposition by
the district judge of the following matters:
(A) motions to dismiss or quash an indictment or information;
(B) motions to suppress evidence;
(C) with the consent of the parties and the assigned district judge,
petitions to enter a plea of guilty;
(D) petitions to revoke probation and supervised release,
including the conduct of the final probation or supervised
release revocation hearing; and
(E) petitions for habeas corpus and motions for post-conviction
relief filed under 28 U.S.C. §§ 2241, 2254, and 2255.
(2) Authority to Conduct Proceedings.
A magistrate judge may issue any preliminary order and conduct any
necessary evidentiary hearing or other proceeding arising in the
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exercise of the authority conferred by this subsection.
(d) Duties Under 28 U.S.C. § 636(b)(3).
Magistrate judges are also authorized to:
(1) supervise this court's Criminal Justice Act plan; and
(2) perform any additional duty assigned to them by a district judge and
not contrary to the Constitution and laws of the United States.
(e) Exception.
Nothing in this rule precludes a district judge from (1) reserving any
proceeding for conduct by a district rather than a magistrate judge or (2)
modifying the method of assigning matters to a magistrate judge, as
circumstances warrant.
