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LCrR 11.1 Taking of guilty pleas in felony prosecutions; magistrate judge consent

11.1      Taking of guilty pleas in felony prosecutions; magistrate judge consent - With the consent of the district judge to whom the case is assigned, a magistrate judge may preside over the taking of guilty pleas in felony matters pursuant to Rule 11 of the Federal Rules of Criminal Procedure in the circumstances below.

  1. The magistrate judge shall explain to the defendant that he or she has the right to have all proceedings, including the plea hearing, conducted by a district judge. The magistrate judge shall not proceed unless the defendant, defendant's attorney, and the attorney for the government all consent in writing and on the record to allow the magistrate judge to preside over the guilty plea proceedings.
  2. If the parties consent to allow the magistrate judge to preside over the guilty plea proceeding, the magistrate judge shall conduct guilty plea proceedings, following the procedures set forth in Rule 11 of the Federal Rules of Criminal Procedure. The magistrate judge shall set forth on the record findings concerning the knowing and voluntary nature of the guilty plea, the adequacy of the factual basis for the plea, and any other relevant matter. If satisfied that all requirements of law have been met, the magistrate judge shall recommend to the district judge that the plea be accepted and order the preparation of a presentence investigation report. The magistrate judge shall inquire concerning the existence of a plea agreement but shall not accept or reject any such agreement, but shall specifically reserve acceptance of the plea agreement to the district judge.
Date Last Modified: 
January 1, 2019