Also known as: U.S. Magistrate Judge · magistrate judge · USMJ · federal magistrate judge
Written by attorneys · grounded in primary & secondary sources — see below
A federal judicial officer appointed under 28 U.S.C. §§ 631–639 who assists district judges by hearing civil and criminal pretrial matters, conducting civil trials and criminal misdemeanor trials when authorized, and performing other duties such as issuing warrants and presiding at initial appearances.
Agent Dana Ruiz telephones Magistrate Judge Harper late at night and appears by secure video to present a sworn remote interview and digital server logs. The magistrate places the agent under oath, examines the materials, and determines that probable cause exists. The magistrate then issues an arrest warrant for Mark Chen based on the electronic presentation.
Federal agents arrest Leo at Apex Brokerage offices three blocks from the courthouse where Magistrate Judge Harper is available that afternoon. The agents hold Leo in a conference room for four hours to finish interviews instead of transporting him promptly. Leo moves to suppress his statements, arguing the delay violated the requirement that a magistrate judge conduct the initial appearance without unnecessary delay.
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Uriel Urban sues Unity Capital in federal court over withheld emails. The parties reach an agreement before United States Magistrate Judge Gabriel W. Gorenstein on retrieving electronic data. The magistrate oversees compliance with the agreement and resolves disputes about production of responsive documents.
Umar Underwood is charged with a federal misdemeanor. The district judge refers the case to a United States Magistrate Judge for trial. The magistrate conducts the trial, receives evidence, and renders a verdict on the charge.
Ulysses Usher moves to suppress evidence seized during an arrest. The district court refers the motion to a United States Magistrate Judge for an evidentiary hearing. The magistrate hears testimony, makes findings, and issues a report and recommendation on whether the exclusionary rule applies.
Uma Underwood is charged with a petty offense and demands a jury trial. The United States Magistrate Judge assigned to the case determines whether the demand is proper and proceeds accordingly under the applicable rules.
Yes. Federal Rule of Criminal Procedure 4.1(a) expressly authorizes a magistrate judge to consider information communicated by telephone or other reliable electronic means when reviewing a complaint or deciding whether to issue a warrant.
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If the defendant is arrested in the district where the offense was allegedly committed, the initial appearance must be in that district before a magistrate judge if one is reasonably available.
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Under Federal Rule of Civil Procedure 16(b)(1), a magistrate judge authorized by local rule may issue a scheduling order setting deadlines for joinder, amendments, discovery, and motions.
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Yes. A United States Magistrate Judge is authorized to conduct criminal misdemeanor trials when the parties consent or when the charge qualifies as a petty offense.
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…about risks to officers or the destruction of evidence by permitting police to obtain a "no-knock" search warrant from a magistrate judge, thereby assuring police that a prior announcement is not necessary. Richards , 520 U. S., at 396, n. 7 (collecting state statutes). While such a procedure cannot remove all uncertainty,…