Local Rule D.C.COLO.LCrR 57.1: GENERAL AUTHORITY AND DUTIES OF A MAGISTRATE JUDGE

D.C.COLO.LCrR 57.1 GENERAL AUTHORITY AND DUTIES OF A MAGISTRATE JUDGE

(a) General Authority. Except as restricted by these rules, a magistrate judge may exercise all powers and duties authorized by federal statutes, regulations, and the Federal Rules of Criminal Procedure.

(b) Duties. A magistrate judge may:

(1) authorize the installation and use of a pen register or a trap and trace device under 18 U.S.C. §§ 3122-23, and direct the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device;

(2) issue search warrants;

(3) accept criminal complaints and issue or quash arrest warrants or summonses;

(4) accept waivers of indictment under Fed. R. Crim. P. 7(b);

(5) receive the return of indictments by the grand jury and issue arrest warrants or summonses when necessary for the defendants named in the indictments;

(6) restrict and grant access to an indictment;

(7) conduct preliminary proceedings incident to transfer cases under Fed. R. Crim. P. 20;

(8) exercise powers and duties necessary to extradite fugitives under 18 U.S.C. §§ 3181-96;

(9) conduct hearings and issue orders under the Bail Reform Act of 1984, 18 U.S.C. §§ 3141-56;

(10) forfeit bond when a defendant fails to appear in proceedings scheduled before the magistrate judge;

(11) set bond for material witnesses;

(12) conduct arraignments by taking and entering pleas and when necessary, make findings affecting speedy trial considerations under the Speedy Trial Act of 1974, 18 U.S.C. §§ 3161-74;

(13) direct the United States Marshal to arrange for payment of expenses for basic transportation and subsistence for a defendant financially unable to bear the costs of travel to required court appearances;

(14) issue subpoenas and writs of habeas corpus ad testificandum and prosequendum or other orders necessary to obtain the presence of parties, witnesses, or evidence;

(15) conduct non-jury trials in cases involving petty offenses or misdemeanors;

(16) conduct jury trials in cases involving misdemeanors under 18 U.S.C. § 3401(a);

(17) direct the probation office to conduct presentence investigations in cases involving misdemeanors;

(18) 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, including the appointment of counsel;

(19) appoint counsel for a person subject to revocation of probation, parole, or supervised release; a person in custody as a material witness; a person seeking relief under 28 U.S.C. §§ 2241, 2254, or 2255 or 18 U.S.C. § 4245; or a person for whom the Sixth Amendment to the United States Constitution or federal law requires the appointment of counsel;

(20) conduct preliminary hearings;

(21) exercise contempt authority as authorized by law;

(22) preside over cases involving petty offenses or misdemeanors brought against juvenile defendants as authorized by law;

(23) act on post judgment matters as authorized by law;

(24) order psychiatric or psychological examinations and reports under 18 U.S.C. §§ 3552(c), 4241(b), 4244(b), 4245(b) and/or 4246(b);

(25) conduct hearings and make recommendations to district judges concerning competency of defendants to stand trial;

(26) conduct hearings and make recommendations to district judges on motions to suppress statements or evidence;

(27) issue orders on motions to treat a document as a highly sensitive document; and

(28) issue other orders as authorized by law.