Local Rule LCrR 59.1: UNITED STATES MAGISTRATE JUDGE DUTIES IN FELONY CASES

LCrR 59.1 UNITED STATES MAGISTRATE JUDGE DUTIES IN FELONY CASES In addition to the powers and duties in 28 U.S.C. § 636(a), after an indictment is returned or an information is filed in a felony case, United States Magistrate Judges are hereby authorized under 28 U.S.C. § 636(b), to perform any duties assigned to them by any United States District Judge of this Court that are consistent with the Constitution and laws of the United States.

(a) Pretrial Matters. In the absence of a United States District Judge's decision to reserve a proceeding for decision by a United States District Judge, and with the exception of the motions and petitions listed herein, a United States Magistrate Judge of this Court is authorized and assigned to hear and determine pretrial matters including, but not limited to:

(1) Accepting criminal complaints and issuing arrest warrants or summonses;

(2) Conducting initial appearances and imposing release conditions;

(3) Conducting preliminary examinations;

(4) Receiving grand jury returns in accordance with Fed. R. Crim. P. 6(f);

(5) Accepting waivers of indictment;

(6) Receiving executed or cancelling unexecuted arrest warrants;

(7) Conducting arraignments not triable by the United States Magistrate Judge and taking pleas of not guilty in such cases;

(8) Hearing motions and entering orders for examinations to determine mental competency;

(9) Hearing and determining discovery motions and motions to sever;

(10) Issuing 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;

(11) Conducting initial appearances and preliminary hearings in probation and supervised release revocation proceedings;

(12) Conducting proceedings for defendants arrested in this district under a warrant issued in another district for allegedly failing to appear or violating release conditions and issuing all necessary orders incident thereto;

(13) Issuing search warrants and receiving warrant returns;

(14) Authorizing the installation of pen registers and devices including trap and trace devices (and issuing orders to assist), beeper devices (transponders), and clone beepers;

(15) Determining if defendants have knowingly and voluntarily waived counsel, appointing attorneys for defendants who cannot afford them, and approving attorney expense vouchers;

(16) Determining issues of release or detention of defendants, material witnesses, and confidential informants;

(17) Ordering exoneration or forfeiture of bonds;

(18) Determining the propriety of joint representation of criminal defendants;

(19) Hearing and determining applications for admission to practice before this Court;

(20) Directing the payment of basic transportation and subsistence expenses for defendants financially unable to bear the costs of travel to required court appearances;

(21) Conducting initial proceedings upon the appearance of an individual accused of an act of juvenile delinquency;

(22) Performing the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109 regarding offenders' verification of consent to transfer to or from the United States and attorney appointments; and

(23) Conducting a plea hearing and rejecting or accepting a plea and recommending rejection or acceptance of a plea by the United States District Judge.

(b) Additional Pretrial Matters. Upon written order or a United States District Judge's specific oral referral, a United States Magistrate Judge may also:

(1) Rule on pre-indictment challenges to grand jury subpoenas or other motions related to grand jury proceedings;

(2) Exercise general supervision of criminal calendars, including the handling of calendar and status calls, and motions to continue or expedite trials;

(3) Conduct pretrial conferences in a criminal case; and

(4) Conduct a plea hearing and reject or accept a plea and recommend rejection or acceptance of a plea by the United States District Judge.

(c) Continuance of Felony Cases from District Court Docket. At arraignment, a United States Magistrate Judge is authorized to grant a single presumptive continuance while considering the requirements of the Speedy Trial Act, 18 U.S.C. § 3161 et seq., and ensuring that the ends of justice are served by granting the continuance. It is anticipated that most such continuances will occur where trial is set less than thirty (30) days from arraignment. A United States Magistrate Judge may also resolve any objections to this presumptive continuance.

(d) Dispositive Matters.

(1) United States Magistrate Judge's Recommendation. A United States Magistrate Judge is authorized to submit to a United States District Judge a report containing proposed findings of fact and a recommendation for disposition by the United States District Judge of the following matters:

(A) Motions to dismiss or quash an indictment or information;

(B) Motions to suppress evidence;

(C) With the consent of the parties and the assigned United States District Judge, make such recommendations regarding the taking and accepting of guilty pleas as may be necessary;

(D) Petitions to revoke probation and supervised release, including the conduct of the final probation or supervised release revocation hearing; and

(E) Petitions for habeas corpus and motions for post-conviction relief filed under 28 U.S.C. §§ 2241, 2254, and 2255.

(2) Authority to Conduct Proceedings. A United States Magistrate Judge is authorized to issue any preliminary order and conduct any necessary evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this subsection.

(e) Exception. Nothing in this Rule precludes a United States District Judge from (1) reserving any proceeding for conduct by a United States District Judge, rather than a United States Magistrate Judge, or (2) modifying the method of assigning matters to a United States Magistrate Judge, as circumstances warrant.

Advisory Committee Notes This local rule delineates what matters are referred to a magistrate judge. It remains necessary because §§ 636(b)(1)(A) & (B) provide that an Article III judge "may designate" a Magistrate Judge to hear certain enumerated matters and even though each District Judge has a Standing Order, it is possible that unless the District Judge checks all the boxes, some matters may not be deemed properly referred. It is also important to have a district-wide "blanket" designation because certain preliminary matters are handled by Magistrate Judges before a District Judge is assigned to the matter and before that judge's Standing Order is, thereby, invoked.