Magistrate Judges serve as judicial officers of the United States district courts and exercise the jurisdiction delegated to them by law and assigned by the United States District Judges of each judicial district. Magistrate Judges are appointed by the District Judges in each judicial district for a term of service of eight years (four years for part-time Magistrate Judges). Those terms are subject to renewal.
Magistrate Judges handle preliminary matters in criminal cases, and they are usually the first judicial officer a defendant sees following arrest or indictment. In most districts, Magistrate Judges handle pretrial motions and hearings in civil cases. Magistrate Judges may also preside over almost every type of federal trial proceeding, except felony criminal cases, if the parties consent. In 2008 Magistrate Judges handled nearly 11,000 civil cases to conclusion with the consent of the parties.
Historical Precedents: United States Commissioners
The modern day position of Magistrate Judge traces its beginnings to the United States Commissioners who had served the federal judiciary since the 1790's. In the mid-1960s members of the congressional judiciary committees and Judges on the Judicial Conference of the United States recognized the need for revisions to the commissioner system. Commissioners were still paid by a fee system, the appointment process varied from court to court, and there were no uniform criteria for selection. Members of Congress and federal Judges also wanted to relieve the congestion of the federal court dockets by expanding the judicial responsibilities of the commissioners.
The Federal Magistrates Act of 1968
The position of "Magistrate" was established by Congress in 1968 to replace the position of Commissioner. The Federal Magistrates Act of 1968 created the new title and expanded the Magistrates' authority to conduct misdemeanor trials with the consent of the defendants, to serve as special masters in civil actions, and to assist District Judges in pre-trial and discovery proceedings as well as petitions for post-trial relief. The Act also authorized District Judges on any court to assign to Magistrates "additional duties as are not inconsistent with the Constitution and laws of the United States."
Under the Act of 1968, Magistrates were appointed by the District Judges of each District court in which they serve. All Magistrates were paid by salary. The Administrative Office of the U.S. Courts was made responsible for supervision of administrative matters relating to Magistrates, and the Federal Judicial Center was charged with providing training for Magistrates. After implementation of a pilot program in five districts and the completion of surveys to determine the necessary number of Magistrates, the new system was in place throughout the federal judiciary by July 1971.
Expansion of Jurisdiction
The district courts' broad application of the grant of "additional duties" soon led to conflicting interpretations in the courts of appeals. In 1974 the Supreme Court ruled that Magistrates could not conduct evidentiary hearings in habeas corpus actions. Congress responded in 1976 with an Act that further defined the Magistrates' authority and granted them the power to conduct habeas proceedings. In the Federal Magistrate Act of 1979, Congress again expanded the authority of the Magistrates by granting them so-called consent jurisdiction, which authorized them to conduct all civil trials as long as the parties consented. Magistrates were also allowed to preside over all misdemeanor trials as long as the defendants waived their right to a trial before a District Judge. The Act of 1979 also provided for merit selection panels to assist District Judges in the appointment of Magistrates.
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Evolution of the Magistrate Judges System
Today
Following the expansion of jurisdiction, the Judicial Improvements Act of 1990 changed the official title from Magistrate to Magistrate Judge to reflect more accurately the responsibilities and duties of the judicial office. The number of authorized Magistrate Judge positions is determined by the Judicial Conference of the United States, on the advice of District Judges, the circuit councils, and the Administrative Office of the U.S. Courts, and is subject to congressional funding of the requested positions. There are currently authorized over 500 full-time and 40 part-time Magistrate Judgeships, as well as two positions combining Magistrate Judge and Clerk of Court.
William J. Nealon United States Courthouse in Scranton, PA
Thurgood Marshall Administrative Office of United States Courts