Local Rule Criminal Rule 59.1: UNITED STATES MAGISTRATE JUDGES
D.N.D. — Criminal rule
CRIMINAL RULE 59.1 UNITED STATES MAGISTRATE JUDGES Except as hereinafter provided, a United States magistrate judge appointed in this district is authorized and designated to exercise powers and duties consistent with the United States Constitution, 28 U.S.C. § 636, other statutes as may be applicable, and the Federal Rules of Criminal Procedure. Those powers and duties may include, but are not limited to, those enumerated in this rule.
(A) ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES
(1) GENERAL ASSIGNMENT The clerk will assign cases or duties in a case to a magistrate judge and allocate duties among the magistrate judges of the court in accordance with this rule, standing orders of the court, or by special reference of a district judge, which reference may be by formal order or informal request. This rule does not preclude a district judge from reserving a proceeding for decision by a district judge rather than a magistrate judge. Assignment of duties or cases to a magistrate judge will generally be based on geographic location of the magistrate judge's chambers.
(2) CASE ASSIGNMENT
(a) Misdemeanor Cases.
(i) Class A Misdemeanors. Class A misdemeanor cases are assigned to a magistrate judge upon filing of the charges. The magistrate judge will handle all pretrial proceedings and, upon consent of the defendant, conduct trial or guilty plea proceedings, sentence the defendant, enter judgment, and conduct post-conviction proceedings.
(ii) Petty Offenses (Class B Misdemeanors, Class C Misdemeanors, and Infractions). Petty offense cases are assigned to a magistrate judge upon filing of the charges. The magistrate judge will handle all proceedings.
(b) Felony Cases. Pre-indictment proceedings are conducted by a magistrate judge. Upon filing of an indictment, the case is assigned to a district judge. A magistrate judge will conduct initial appearances, arraignments, and other duties by general reference, specific order of reference, or informal request of a district judge.
(B) DUTIES IN CRIMINAL MATTERS The magistrate judges of this court are authorized and designated to exercise the following duties in criminal matters:
(1) Conduct all proceedings in class A misdemeanor cases, including conducting jury or bench trials, accepting guilty pleas, sentencing, entering judgments, and conducting post-conviction proceedings, with the defendant's consent to proceed before a magistrate judge;
(2) Conduct all proceedings in petty offense cases;
(3) Conduct pre-indictment and pretrial proceedings in felony investigations and cases, including issuing arrest and search warrants; determining probable cause for filing complaints; conducting initial appearances, preliminary hearings, arraignments, detention hearings, and Fed. R. Crim. P. 40 removal proceedings; setting release conditions; addressing extradition and consent to transfer; and addressing appointment and substitution of an attorney;
(4) Conduct all pre-adjudication hearing proceedings in juvenile delinquency cases;
(5) Conduct case management conferences and determine non-dispositive motions if designated by a district judge (28 U.S.C. § 636(b)(1)(A));
(6) Issue reports and recommended findings, including conducting evidentiary hearings when necessary, on evidentiary motions and case dispositive motions (28 U.S.C. § 636(b)(1)(B)) in felony cases and misdemeanor cases proceeding before a district judge, upon designation by a district judge;
(7) Issue reports and recommended findings when accepting guilty pleas in felony cases and in misdemeanor cases proceeding before a district judge, if designated by a district judge and upon consent of the defendant;
(8) Conduct preliminary proceedings on felony probation or supervised release revocation or modification petitions, and if designated by a district judge, conduct the final hearing and issue a report and recommended findings to a district judge;
(9) Empanel grand juries and receive grand jury returns;
(10) Conduct jury voir dire and selection in felony cases and class A misdemeanor cases proceeding before a district judge, upon designation by a district judge and upon consent of the parties;
(11) Issue subpoenas, writs of habeas corpus ad testificandum and habeas corpus ad prosequendum, and other orders necessary to obtain the presence of parties, witnesses, or evidence needed for court proceedings;
(12) Issue warrants for searches and seizures that are not within the purview of Fed. R. Crim. P. 41;
(13) Issue warrants of arrest for individuals who have been determined, under 18 U.S.C. § 3144, to be material witnesses;
(14) Issue orders authorizing the installation and use of devices, including traps and traces, pen registers, and mobile tracking devices, and issue orders directing an electronic communication service provider or a remote computing service to provide assistance to a named federal investigative agency in accomplishing the installation of traps and traces, pen registers, and other location devices;
(15) Issue orders ruling on pre-indictment challenges to grand jury subpoenas or other motions related to grand jury proceedings and related contempt proceedings to the extent authorized by statute;
(16) Request preparation of a presentence investigation report in misdemeanor cases; and
(17) Accept jury verdicts in cases proceeding before a district judge.
(C) FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE Magistrate judges are authorized to accept payment of a fixed sum in lieu of appearance in a petty offense case. Conditions and schedules for the forfeiture of collateral in lieu of appearance are on the court's website.
(D) REVIEW AND APPEAL
(1) APPEAL FROM JUDGMENTS IN MISDEMEANOR CASES A defendant may appeal a judgment of conviction by a magistrate judge in a misdemeanor case to a district judge by filing a notice of appeal within fourteen (14) days after entry of judgment and by serving a copy of the notice upon the United States Attorney. The scope of review upon appeal is the same as appeal from a judgment of a district judge to the court of appeals. See Fed. R. Crim. P. 58.
(2) OBJECTION TO NON-DISPOSITIVE ORDER A party may object to a magistrate judge's determination of a non-dispositive matter within fourteen (14) days after being served with a copy of the magistrate judge's order unless otherwise ordered by the court (28 U.S.C. § 636(b)(1)(A) & Fed. R. Crim. P. 59(a)). The objecting party must serve and file a written objection to the order, which must specifically designate the order or part of the order to which the objection is made and the grounds for the objection. The adverse party has seven (7) days after service and filing of the objection to serve and file a response. The objection and response may not exceed twenty (20) pages. A reply is not permitted.
The party filing an objection must file a transcript of any hearing during which the magistrate judge made findings of fact related to the objection. With leave of court, the party may rely on an audio recording of the hearing in lieu of a transcript.
A district judge must consider the objection and set aside any portion of the magistrate judge's order found to be clearly erroneous or contrary to law.
Filing an objection does not stay the magistrate judge's order. A request to stay a magistrate judge's order pending objection must be made to the magistrate judge with notice to all parties.
(3) OBJECTION TO REPORT AND RECOMMENDATIONS A party may object to a magistrate judge's report and recommendations on an evidentiary or dispositive matter within fourteen (14) days after being served with a copy, unless the court orders otherwise (28 U.S.C. § 636(b)(1)(B) & Fed. R. Crim. P. 59(b)(2)). The objecting party must serve and file written objections, which must identify the portions of the proposed findings, recommendations, or report to which objections are made and the basis for the objections. The objection and response may not exceed twenty (20) pages. A reply is not permitted. The party filing objections must file a transcript of any evidentiary proceeding related to the report and recommendations. With leave of court, the party may rely on an audio recording of the hearing in lieu of a transcript.
A district judge must make a de novo determination of those portions of the report and recommendations to which specific objections are made and may accept, reject, or modify in whole or in part the findings or recommendations made by the magistrate judge. The district judge will not generally conduct a hearing but, in appropriate circumstances, may receive further evidence, recall witnesses, or recommit the matter to the magistrate judge with instructions.