Local Rule LCrR 57.17: DUTIES AND POWERS OF MAGISTRATE JUDGES

LCrR 57.17 DUTIES AND POWERS OF MAGISTRATE JUDGES

(a) GENERAL DUTIES.

The United States Magistrate Judges appointed by this Court pursuant to 28 U.S.C. § 631 shall have the duty and the power to:

(1) Act as committing magistrate judge in holding preliminary hearings for violations of the United States Code.

(2) Issue arrest warrants or summonses for violations of the United States Code.

(3) Issue search warrants.

(4) Conduct transfer proceedings and conduct proceedings incident to the transfer of criminal cases, as provided in Rules 5, 5.1 and 40, Federal Rules of Criminal Procedure.

(5) Receive indictments returned by the grand jury and issue bench warrants, when necessary, for defendants named in indictments.

(6) Conduct international extradition proceedings pursuant to 18 U.S.C. § 3181 et seq.

(7) Administer oaths and affirmations and take acknowledgments, affidavits and depositions.

(8) Impose or review conditions of release under applicable federal law.

(9) Order the return or the forfeiture of collateral or surety bonds.

(10) Issue subpoenas, writs of habeas corpus ad testificandum, or habeas corpus ad proseduendum, or other orders necessary to obtain the presence of parties or witnesses or evidence needed for court proceedings.

(11) Order lineups, photographs, fingerprinting, palm-printing, voice identification, medical or physical examinations, and the taking of blood, urine, fingernail, hair and bodily secretion sampling (with any appropriate medical safeguards required by due process considerations) and handwriting exemplars.

(12) Ascertain whether defendants or any other persons entitled to counsel in criminal matters are represented by counsel and, in instances where any such person is financially unable to obtain counsel, appoint counsel to represent the person.

(13) Conduct proceedings and enter orders as described in LCrR 58.

(14) Refer a defendant to an available facility for a preliminary opinion; hear motions and enter orders for examinations to determine mental competency; and conduct competency hearings to determine a defendant's ability to understand and to participate in any proceeding which a magistrate judge is authorized to conduct.

(b) POWERS EXERCISED UPON REFERRAL FROM A DISTRICT JUDGE.

At the request of the district judge to whom the case is assigned, a magistrate judge shall:

(1) Conduct proceedings and enter orders or recommendations as described in LCrR 59.1 and LCrR 59.2 of these Rules.

(2) Dismiss indictments on motion of the United States and with the consent of the defendants.

(3) Conduct arraignments in felony cases pursuant to Rule 10, Federal Rules of Criminal Procedure.

(4) Conduct voir dire and select petit juries in felony cases, upon consent of the defendant.

(5) Conduct guilty plea proceedings in felony cases upon consent of the parties, and forward recommendations to the district judge to whom the case is assigned.

(6) Perform any additional duty not inconsistent with the Constitution and laws of the United States.

COMMENT TO LCrR 57.17: The Rule has been revised to remove references to civil procedure. Section (a)(5) has been moved from the previous section (c) to clarify that indictments may be returned to magistrate judges in accordance with Rule 6(f), Federal Rules of Criminal Procedure. Other changes have also been made to conform to the Federal Rules of Criminal Procedure. Section (b)(4) has been amended to make explicit that, in order for voir dire to be conducted before a magistrate judge in a felony case, the parties must consent, in accordance with Peretz v. United States, 501 U.S. 923 (1991). Section (b)(5) has been added to give magistrate judges the authority to conduct guilty plea proceedings in felony cases upon the consent of the parties. Section (b)(6) has been moved from section (a) to make clear that it is one of the duties that may be performed only at the request of a judge.