Local Rule Criminal Rule 57.4: United States Magistrate Judges

Criminal Rule 57.4 United States Magistrate Judges a. Jurisdiction Under 28 U.S.C. § 636(a). Each United States magistrate judge of this court is authorized to perform the duties prescribed by 28 U.S.C. § 636(a), and may: 1. Exercise all the powers and duties conferred or imposed on United States magistrate judges by law and the Federal Rules of Criminal Procedure; 2. Administer oaths and affirmations, impose conditions of release or orders of detention under 18 U.S.C. § 3141 et. seq. and take acknowledgments, affidavits, and depositions; 3. Conduct extradition proceedings, in accordance with 18 U.S.C § 3184. b. Proposed Orders Regarding Case-Dispositive Motions 28 U.S.C. § 636(b)(1)(B). 1. Upon designation by a district judge, a magistrate judge may submit to a district judge a proposed order containing findings of fact and recommendations for disposition by the district judge of the following pretrial motions in criminal cases: a) Motions to dismiss or quash an indictment or information made by a defendant; and b) Motions to suppress evidence in a criminal case. 2. A magistrate judge may determine any preliminary matters and conduct any necessary evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this subsection. c. Other Duties A magistrate judge is also authorized to: 1. Conduct arraignments in criminal cases not triable by the magistrate judge and take not guilty pleas in such cases; 2. Receive grand jury returns in accordance with Rule 6(f) of Fed. R. Crim. P.; 3. Accept waivers of indictment, pursuant to Rule 7(b) of Fed. R. Crim. P.; 4. Conduct necessary proceedings leading to the potential revocation of probation or supervised release; 5. Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties, witnesses or evidence needed for court proceedings; 6. Order the exoneration of appearance bonds and the release and/or reconveyance of collateral; 7. Conduct proceedings for initial commitment of narcotic addicts under Title III of the Narcotic Addict Rehabilitation Act; 8. 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 and the appointment of counsel for those proceedings; 9. Hear motions and enter orders for examinations to determine mental competency under 18 U.S.C. § 4241; 10. Grant motions to dismiss in criminal cases when made by the United States Attorney or at any other time when authorized by statute or rule and when such dismissal is within the jurisdiction of the magistrate judge or pursuant to a plea agreement entered into before the magistrate judge; 11. Perform any additional duty not inconsistent with the Constitution and laws of the United States.