(a) Powers and Duties.
1. A full-time Magistrate Judge is authorized to exercise all powers and perform all
duties permitted by 28 U.S.C. § 636(a), (b), and (c), and any additional duties that
are consistent with the Constitution and laws of the United States. A part-time
Magistrate Judge is authorized to exercise all of those duties, except those
permitted under 28 U.S.C. § 636(c), and any additional duties consistent with the
Constitution and laws of the United States.
2. A Magistrate Judge is also authorized to
(A) Conduct removal proceedings and issue warrants of removal in accordance
with Fed. R. Crim. P. 40;
(B) Conduct extradition proceedings in accordance with 18 U.S.C. § 3184;
(C) Impanel and charge a Grand Jury and Special Grand Juries and receive
grand jury returns in accordance with Fed. R. Crim. P. 6(f). Oversight and
administration for each seated grand jury will be assigned to the Magistrate
Judge who impaneled them.
(D) Conduct voir dire and select petit juries for the Court;
(E) Conduct necessary proceedings leading to the potential revocation of
probation;
(F) Order the exoneration or forfeiture of bonds;
(G) Exercise general supervision of the Court's criminal calendar, conduct
calendar and status calls, and determine motions to expedite or postpone the
trial of cases for the Court;
(H) Exercise all the powers and duties conferred or imposed upon United States
commissioners by law or the Federal Rules of Criminal Procedure;
(I) Administer oaths and affirmations, impose conditions of release under 18
U.S.C. § 3146, and take acknowledgments, affidavits and depositions;
(J) Determine motions pursuant to 18 U.S.C. § 4241(a) for a hearing to
determine the mental competency of the defendant and, if necessary, order
that a psychiatric or psychological examination of the defendant be
conducted pursuant to 18 U.S.C. § 4241(b); and
(K) Conduct hearings to determine the mental competency of the defendant
pursuant to 18 U.S.C. § 4247(d) and issue a report and recommendation to
the assigned District Judge pursuant to 28 U.S.C. § 636(b).
3. A party seeking review of a Magistrate Judge's release or detention order pursuant
to 18 U.S.C. § 3145(a) and (b) shall file a Notice of Appeal of Magistrate Judge
Pretrial Order pursuant to Fed.R.Crim.P. 58(g)(2)(A) within fourteen (14) days of
the date of entry. If the release or detention order appealed from is filed in a
Magistrate case, the Clerk shall immediately randomly assign a District Judge and
open a criminal case. The Appellant shall be responsible for obtaining a copy of
any transcript, if requested by the Court. Unless otherwise ordered,
(A) The appellant's brief shall be filed within fourteen (14) days following the
filing of the notice of appeal;
(B) The appellee's brief shall be filed within fourteen (14) days following
submission of the appellant's brief;
(C) Any reply brief shall be filed within seven (7) days following the
submission of the appellee’s brief; and
(D) Unless the Court orders otherwise, the appeal shall be taken on submission
without oral argument.
The Court shall promptly determine the motion based upon the submitted papers
without oral argument.
(b) Felonies. On the return of an indictment or the filing of an information, a District
Judge shall assign felony matters to a Magistrate Judge for the purpose of arraignment, for the
determination and fixing the conditions of pretrial release, and for the assignment of an attorney
to the extent authorized by law.
(c) Misdemeanors.
1. A Magistrate Judge is authorized to conduct trials of persons accused of
misdemeanors committed within this District in accordance with 18 U.S.C. §
3401, order a presentence investigation report on any such persons who are
convicted or plead guilty or nolo contendere, and sentence such persons.
2. Any person charged with a misdemeanor may, however, elect to be tried before a
District Judge for the district in which the offense was committed. The
Magistrate Judge shall carefully advise defendants of their right to trial, judgment,
and sentencing by a District Judge and their right to a trial by jury before a
District Judge or Magistrate Judge. The Magistrate Judge shall not proceed to try
the case unless the defendant, after such explanation, files a written consent to be
tried before the Magistrate Judge. That consent specifically must waive trial,
judgment, and sentencing by a District Judge.
3. Procedures on appeal of a Magistrate Judge’s judgment of conviction to a District
Judge in a consent case pursuant to 18 U.S.C. § 3401 shall be as provided in Fed.
R. Crim. P. 58(g)(2)(B). The appellant must pay the current filing fee via
pay.gov. Unless otherwise ordered,
(A) The appellant's brief shall be filed within fourteen (14) days following the
filing of the notice of appeal;
(B) The appellee's brief shall be filed within fourteen (14) days following
submission of the appellant's brief;
(C) Unless the Court orders otherwise, the appeal shall be taken on submission
without oral argument.
