Also known as: federal magistrates · magistrate judge · U.S. magistrate judge
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A judicial officer of the United States district courts who exercises delegated authority to conduct initial proceedings, issue warrants and summonses, manage pretrial matters, and make recommendations on dispositive motions.
Federal agents investigating Fumiko Fujimoto submitted a complaint and supporting affidavits by secure email to a magistrate judge after hours. The magistrate reviewed the materials electronically, placed the agent under oath by telephone, and issued an arrest warrant based on the remote presentation.
Farah Fox was arrested in the district where the alleged offense occurred. Because no magistrate judge was reasonably available at the time of arrest, officers presented her before a state judicial officer for the initial appearance as permitted by local practice.
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Frederick Ferguson filed a bankruptcy-related contract dispute in district court. The district judge referred the matter to a magistrate judge for proposed findings on a dispositive motion, subject to de novo review by the district court.
Frontier Capital challenged a local zoning ordinance restricting adult theaters. The district court referred the preliminary injunction motion to a magistrate judge, who recommended granting relief after reviewing the record.
Francois Fortier raised a due process challenge to a state competency procedure. The district court referred related federal habeas matters to a magistrate judge for an evidentiary hearing and proposed findings on the constitutional claim.
Flora Ford faced federal charges for a petty offense. The magistrate judge conducted the bench trial and imposed sentence after the parties consented to proceed before the magistrate rather than a district judge.
A magistrate judge may review a complaint and supporting materials communicated by telephone or other reliable electronic means when deciding whether to issue a warrant or summons. The judge must place the applicant under oath and may examine the applicant and any witnesses before issuing process.
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If the defendant is arrested in the district where the offense was allegedly committed, the initial appearance must be held in that district before a magistrate judge unless no magistrate judge is reasonably available. In that limited circumstance a state or local judicial officer may conduct the appearance.
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Yes. When authorized by local rule, a magistrate judge may issue a scheduling order under Rule 16(b)(1) after receiving the parties' Rule 26(f) report or consulting with counsel.
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A magistrate judge may hear and recommend rulings on dispositive motions but the district judge must review de novo any objected-to portions of the recommendation. The magistrate's findings are not final without district-court adoption.
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…severity of punishment are two distinct considerations. Cf. the House debate in 1930 over a bill to provide for a trial before federal magistrates for crimes of a petty nature, 72 Cong. Rec. 9991-9994; see also H. R. Rep. No. 1699, 71st Cong., 2d Sess. (1930) (minority views); Comments, American Bar Association Project on Standards…