Local Rule 58.1 (Criminal): Magistrate Judges — N.D.N.Y.

58.1 Magistrate Judges

(a) Powers and Duties.

1. A full-time Magistrate Judge is authorized to exercise all powers and perform all duties permitted by 28 U.S.C. § 636(a), (b), and (c), and any additional duties that are consistent with the Constitution and laws of the United States. A part-time Magistrate Judge is authorized to exercise all of those duties, except those permitted under 28 U.S.C. § 636(c), and any additional duties consistent with the Constitution and laws of the United States.

2. A Magistrate Judge is also authorized to

(A) Conduct removal proceedings and issue warrants of removal in accordance with Fed. R. Crim. P. 40;

(B) Conduct extradition proceedings in accordance with 18 U.S.C. § 3184;

(C) Impanel and charge a Grand Jury and Special Grand Juries and receive grand jury returns in accordance with Fed. R. Crim. P. 6(f);

(D) Conduct voir dire and select petit juries for the Court;

(E) Conduct necessary proceedings leading to the potential revocation of probation;

(F) Order the exoneration or forfeiture of bonds;

(G) Exercise general supervision of the Court's criminal calendar, conduct calendar and status calls, and determine motions to expedite or postpone the trial of cases for the Court;

(H) Exercise all the powers and duties conferred or imposed upon United States commissioners by law or the Federal Rules of Criminal Procedure;

(I) Administer oaths and affirmations, impose conditions of release under 18 U.S.C. § 3146, and take acknowledgments, affidavits, and depositions;

(J) Determine motions pursuant to 18 U.S.C. § 4241(a) for a hearing to determine the mental competency of the defendant and, if necessary, order that a psychiatric or psychological examination of the defendant be conducted pursuant to 18 U.S.C. § 4241(b); and

(K) Conduct hearings to determine the mental competency of the defendant pursuant to 18 U.S.C. § 4247(d) and issue a report and recommendation to the assigned District Judge pursuant to 28 U.S.C. § 636(b).

3. A party seeking review of a Magistrate Judge's release or detention order pursuant to 18 U.S.C. § 3145 shall file the following documents in support of its motion:

(A) Notice of motion;

(B) Memorandum of law;

(D) Written transcript of all proceedings relating to the defendant's release or detention.

Upon the filing of any such motion, the opposing party shall file its papers in opposition to said motion within fourteen (14) days of the filing date of said motion.

No reply is permitted.

The Court shall promptly determine the motion based upon the submitted papers without oral argument.

(b) Felonies. On the return of an indictment or the filing of an information, a District Judge shall assign felony matters to a Magistrate Judge for the purpose of arraignment, for the determination and fixing the conditions of pretrial release, and for the assignment of an attorney to the extent authorized by law.

1. A Magistrate Judge is authorized to conduct trials of persons accused of misdemeanors committed within this District in accordance with 18 U.S.C. § 3401, order a presentence investigation report on any such persons who are convicted or plead guilty or nolo contendere, and sentence such persons.

2. Any person charged with a misdemeanor may, however, elect to be tried before a District Judge for the district in which the offense was committed. The Magistrate Judge shall carefully advise defendants of their right to trial, judgment, and sentencing by a District Judge and their right to a trial by jury before a District Judge or Magistrate Judge. The Magistrate Judge shall not proceed to try the case unless the defendant, after such explanation, files a written consent to be tried before the Magistrate Judge. That consent specifically must waive trial, judgment, and sentencing by a District Judge.

3. Procedures on appeal to a District Judge in a consent case pursuant to 18 U.S.C. § 3401 shall be as provided in Fed. R. Crim. P. 58(g). Unless otherwise ordered,

(A) The appellant's brief shall be filed within fourteen (14) days following the filing of the notice of appeal;

(B) The appellee's brief shall be filed within fourteen (14) days following submission of the appellant's brief;

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