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LCrR 57.1 Magistrate judges

57.1      Magistrate judges

  1. Determination of nondispositive pretrial matters - 28 U.S.C. § 636(b)(1)(A) - A magistrate judge may hear and determine any procedural or discovery motion or other pretrial matters, other than motions to dismiss or quash an indictment or information made by a defendant and motions to suppress evidence.
  2. Recommendations regarding case dispositive motions - 28 U.S.C. § 636(b)(1)(B) - A magistrate judge may submit to a district judge of the court a report containing proposed findings of fact and recommendations for disposition by the district judge of motions to dismiss or quash an indictment or information made against a defendant or motions to suppress evidence. A magistrate judge may determine any preliminary matters and conduct evidentiary hearing or other proceeding in connection with such recommendations.
  3. Other duties - A magistrate judge is also authorized to:
    1. exercise all authority conferred upon United States magistrate judges by the Federal Rules of Criminal Procedure, including exercising case dispositive jurisdiction in petty offense and other misdemeanor prosecutions under Rule 58 of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3401;
    2. conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in cases;
    3. conduct all nondispositive proceedings in cases not triable to the magistrate judge, including initial appearances, bond hearings, detention hearings, hearings on motion to revoke bond, arraignments, the taking of not-guilty pleas and the entering of not-guilty pleas for defendants standing mute;
    4. impanel grand juries, and receive grand jury returns in accordance with Rule 6(f) of the Federal Rules of Criminal Procedure;
    5. accept waivers of indictment and waivers of counsel;
    6. conduct voir dire and select petit juries to the extent allowed by law;
    7. accept petit jury verdicts in cases in the absence of a district judge;
    8. conduct necessary proceedings leading to the potential revocation of probation or supervised release;
    9. issue 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 investigations or for court proceedings;
    10. order the exoneration or forfeiture of bonds;
    11. perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein;
    12. issue summons, search warrants, orders or other process authorizing agents and officers of the Internal Revenue Service or other authorized persons to enter premises and to make such search as is necessary in order to levy and seize property pursuant to Section 6331 of the Internal Revenue Code or other applicable provision of law;
    13. conduct proceedings in accordance with 26 U.S.C. §§ 7402(b) and 7604(b) regarding enforcement of Internal Revenue Service summonses;
    14. conduct extradition proceedings in accordance with 18 U.S.C. § 3184;
    15. preside over guilty pleas in felony prosecutions in the circumstances allowed by LCrR 11; and
    16. perform any additional duty not inconsistent with the Constitution and laws of the United States.
  4. Appeal from judgments in misdemeanor cases - 18 U.S.C. § 3402 - A defendant may appeal a judgment of conviction by a magistrate judge in a misdemeanor case by filing a notice of appeal within fourteen (14) days after entry of the judgment, and by serving a copy of the notice upon the United States attorney. If the case was previously assigned to a district judge, that judge shall hear any appeal from the decision of the magistrate judge; otherwise, the appeal shall be assigned to a district judge at random. The scope of appeal shall be the same as on an appeal from a judgment of the district court to the court of appeals.
  5. Appeals from other orders of a magistrate judge - Appeals from any other decisions and orders of a magistrate judge not provided for in this rule should be taken as provided by governing statute, rule, or decisional law. Such appeals shall be taken in accordance with the procedures set forth in LCivR 72.3.
  6. Any magistrate judge of this court may exercise nondispositive jurisdiction and perform the duties authorized by this rule in any criminal case, without the necessity of an order of reference.
Date Last Modified: 
January 1, 2019