Local Rule LCrR59.1: United States Magistrate Judges

LCrR59.1 United States Magistrate Judges

(a) All Magistrate Judges in the Western District of Louisiana will perform the duties prescribed by 28 U.S.C. § 636.

(b) Subject to the Constitution and laws of the United States, all Magistrate Judges may perform the following duties:

1. Assist the District Judges in the conduct of pretrial discovery proceedings in criminal actions. A Magistrate Judge may hear and determine a procedural or discovery motion or other pretrial matter in a criminal case other than the motions which are specified in 28 U.S.C. § 636(b)(1)(A). As to such specified motions so assigned, a Magistrate Judge will, upon referral by a District Judge, submit to that District Judge a report containing proposed findings of fact and recommendations for disposition by the District Judge.

2. Conduct voir dire examinations and select juries in criminal cases upon referral by a District Judge.

3. Conduct all detention hearings, including juvenile hearings pursuant to 18 U.S.C. § 5034, and hearings to amend, modify or revoke conditions of release under the Bail Reform Act of 1984, as amended. All Magistrate Judges are specifically authorized to conduct detention hearings on alleged probation and supervised release violations unless the assigned District Judge directs otherwise.

4. Conduct arraignments, accept not guilty pleas, and set deadlines for filing of motions and responses thereto in criminal cases.

5. Review the return of indictments by the Grand Jury and issue warrants and summonses when necessary for defendants named in the indictments.

6. Enter orders for examination to determine mental competency; hold hearings and conduct examinations to determine mental competency; and enter orders determining mental competency except any motion to involuntarily medicate a defendant in an effort to restore competency.

7. Conduct preliminary proceedings incident to transfer of cases pursuant to Fed. R. Cr. P. 20.

8. Issue subpoenas and writs of habeas corpus ad prosequendum and writs of habeas corpus ad testificandum or other orders necessary to obtain the presence of parties, witnesses, or evidence needed for court proceedings.

9. Enter orders forfeiting bail where a defendant's bail conditions are breached in petty offense cases or Class A misdemeanor cases wherein all parties have consented to a Magistrate Judge pursuant to Fed. R. Cr. P. 58.

10. Issue orders upon appropriate application for disclosure of Grand Jury information pursuant to Fed. R. Cr. P. 6(e)(3)(E).

11. Make determinations of indigency based upon a signed and completed financial affidavit or upon or affirmation of a defendant pursuant to 18 U.S.C. § 3006A(b).

12. Conduct extradition proceedings in accordance with 18 U.S.C. § 3184 and 18 U.S.C. § 4108 regarding fugitives of offenders from a foreign country to the United States.

13. Direct the Probation Office to conduct presentence investigation in any misdemeanor or felony case referred to the Magistrate Judge for taking of a guilty plea.

14. Conduct a jury trial in a Class A misdemeanor case upon the express consent of the parties and any petty offense where the parties request a jury trial and are entitled to trial by jury under the Constitution and laws of the United States.

15. In cases assigned to a Magistrate Judge, make determinations and enter appropriate orders pursuant to the Speedy Trial Act, unless otherwise indicated by the Act.

16. Conduct pretrial conferences and related pretrial proceedings in criminal cases upon the referral of a District Judge.

17. Accept waivers of indictment pursuant to Fed. R. Cr. P. 7(b).

18. Perform the functions specified in 18 U.S.C. § 4107 and 4109 regarding the transfer of an offender from the United States to a foreign country, conduct recorded proceedings for verification of the offender's voluntary consent to transfer from the United States and appoint counsel therein pursuant to 18 U.S.C. § 3006A.

19. Issue orders authorizing the installation and use of a pen register or a trap and trace device pursuant to 18 U.S.C. §§ 3122-23, and related orders directing the furnishing of information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device as well as orders and search warrants pursuant to 18 U.S.C. §§ 2701 through 2710 for subscriber or customer information and for contents of electronic communications as provided by law.

20. Issue orders and search warrants authorizing civil administrative and other examinations, inspections, searches and seizures as permitted by law.

21. Conduct felony guilty plea proceedings pursuant to Fed. R. Cr. P. 11 upon referral of such proceedings by a District Judge with the consent of the parties, or upon the filing of an information prior to assignment of a District Judge after waiver of indictment in open court before a Magistrate Judge in compliance to Fed. R. Cr. P. 7(b), with the express written consent of the parties. The Magistrate Judge will make findings with respect to the voluntariness of the plea and the defendant's understanding of other matters as required by Fed. R. Cr. P. 11(b), the presence of a factual basis for the plea, and must make a recommendation whether the guilty plea should be accepted by the District Judge.

22. Perform such additional duties as are not inconsistent with the Constitution and laws of the United States as may be designated by the Court pursuant to 28 U.S.C. § 636(b).