Local Rule LCvR 72: MAGISTRATE JUDGES

LCvR 72 MAGISTRATE JUDGES A. Duties under 28 U.S.C. §§ 636(a)(1) and (2). Each Magistrate Judge appointed by this Court is authorized to perform the duties prescribed by 28 U.S.C. § 636(a)(1) and (2) and may:

1. exercise all the powers and duties conferred or imposed upon United States commissioners or Magistrate Judges by law or the Federal Rules of Criminal Procedure;

2. administer oaths and affirmations, impose conditions of release under 18 U.S.C. § 3142 and take acknowledgments, affidavits, and depositions; 3. conduct removal proceedings and issue warrants of removal in accordance with Fed. R. Crim. P. 40;

4. conduct extradition proceedings, in accordance with 18 U.S.C. § 3184; and 5. supervise proceedings conducted pursuant to letters rogatory, in accordance with 28 U.S.C. § 1782.

B. Disposition of Misdemeanor Cases -- 28 U.S.C. § 636(a)(3).

1. A Magistrate Judge may, upon the express consent of the defendant:

a. try persons accused of, and sentence persons convicted of, misdemeanors committed within this district in accordance with 18 U.S.C. § 3401; and b. dismiss or quash a misdemeanor indictment or information, decide a motion to suppress evidence; and c. direct the probation service of the Court to conduct a presentence investigation in any misdemeanor case.

2. A Magistrate Judge shall:

a. file the record of proceedings and all other official papers with the Clerk of Court within twenty-one (21) days after disposing of a misdemeanor or, in other cases, after completing his or her assigned duties;

b. transmit immediately to the Clerk of Court all fines collected or collateral forfeited.

3. An appeal from a judgment of a Magistrate Judge having been certified to the Court in accordance with the Rules of Procedure for Trials before Magistrate Judges (18 U.S.C. § 3402), the appellant shall, within fourteen (14) days, serve and submit a brief. The United States Attorney shall serve and submit a reply brief within fourteen (14) days after receipt of a copy of the appellant's brief;

4. In a case involving a petty offense as defined in 18 U.S.C. § 1(3), payment of a fixed sum may be accepted in lieu of appearance and as authorizing the termination of the proceeding;

5. There shall be maintained at the office of the Clerk of Court a list of those petty offenses for which collateral forfeiture may apply and the amounts of said collateral forfeiture. The list shall enumerate those offenses for which collateral forfeiture shall not apply and for which appearance shall be mandatory;

6. Nothing contained in this rule shall prohibit a law enforcement officer from arresting a person for the commission of any offense, including those for which collateral may be posted and forfeited, and requiring the person charged to appear before a Magistrate Judge or, upon arrest, taking him or her immediately before a Magistrate Judge;

C. Nondispositive Pretrial Matters.

1. In accordance with 28 U.S.C. § 636(b)(1)(A), a Magistrate Judge may hear and determine any pretrial motion or other pretrial matter, other than those motions specified in Rule 4 of the Rules Governing Section 2254 and Section 2255 Proceedings.

2. Objections to Magistrate Judge's Determination. Any party may object to a Magistrate Judge's determination made under this rule within fourteen (14) days after the date of service of the Magistrate Judge's order, unless a different time is prescribed by the Magistrate Judge or District Judge. Such party shall file with the Clerk of Court, and serve on all parties, written objections which shall specifically designate the order or part thereof objected to and the basis for objection thereto. The opposing party shall be allowed fourteen (14) days after date of service to respond to the objections. The District Judge assigned to the case shall consider the objections and set aside any portion of the Magistrate Judge's order found to be clearly erroneous or contrary to law. The District Judge may also reconsider any matter sua sponte.

D. Dispositive Pretrial Motions and Prisoner Cases.

1. In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), a Magistrate Judge may hear, conduct such evidentiary hearings as are necessary or appropriate, and submit to a District Judge proposed findings of fact and recommendations for the disposition of:

a. applications for post-trial relief made by individuals convicted of criminal offenses;

b. prisoner petitions challenging conditions of confinement; and c. motions for injunctive relief (including temporary restraining orders and preliminary injunctions), for judgment on the pleadings, for summary judgment, to dismiss or permit the maintenance of a class action, to dismiss for failure to state a claim upon which relief may be granted, to involuntarily dismiss an action, for judicial review of administrative determinations, and for review of default judgments.

2. Objections to Magistrate Judge's Proposed Findings. Any party may object to the Magistrate Judge's proposed findings, recommendations or report under this rule within fourteen (14) days after date of service. Such party shall file with the Clerk of Court, and serve on all parties, written objections which shall specifically identify the portions of the proposed, recommendations or report to which objection is made and the basis for such objections. Such party may be ordered to file with the Clerk of Court a transcript of the specific portions of any evidentiary proceedings to which objection is made. The opposing party shall be allowed fourteen (14) days after date of service to respond to the objections. A District Judge shall make a de novo determination of those portions to which objection is made and may accept, reject or modify in whole or in part, the findings and recommendations made by the Magistrate Judge. The District Judge, however, need not conduct a new hearing and may consider the record developed before the Magistrate Judge, making his or her own determination on the basis of that record, or recommit the matter to the Magistrate Judge with instructions.

E. Special Master References and Trials by Consent.

1. A Magistrate Judge may serve as a special master subject to the procedures and limitations of 28 U.S.C. § 636(b)(2) and Fed. R. Civ. P. 53.

2. Where the parties consent, a Magistrate Judge may serve as a special master in any civil case without regard to the provisions of Fed. R. Civ. P. 53(b).

3. The Magistrate Judges may, upon consent of the parties, conduct any and all proceedings in a jury or non-jury civil matter and order the entry of judgment in accordance with 28 U.S.C. § 636(c).

F. Other Duties. A Magistrate Judge is also authorized to:

1. exercise general supervision of the civil and criminal calendars of the Court, conduct calendar and status calls, and determine motions to expedite or postpone the trial of cases for the Judges;

2. conduct pretrial conferences, settlement conferences, omnibus hearings and related pretrial proceedings;

3. conduct arraignments in cases not triable by the Magistrate Judge to the extent of taking a not guilty plea or noting a defendant's intention to plead guilty or nolo contendere and ordering a presentence report in appropriate cases;

4. receive grand jury returns in accordance with Fed. R. Crim. P. 6(f), issue bench warrants and enter orders sealing the record in accordance with Fed. R. Crim. P. 6(e), 6(f) and 9(a);

5. conduct voir dire and select petit juries for the Court;

6. accept petit jury verdicts in civil cases in the absence of a District Judge;

7. conduct necessary proceedings leading to the potential revocation of probation;

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

9. order the exoneration or forfeiture of bonds;

10. conduct proceedings for the collection of civil penalties of not more than $200 assessed under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C. § 484(d);

11. conduct examinations of judgment debtors in accordance with Fed. R. Civ. P. 69;

12. review petitions in civil commitment proceedings under Title III of the Narcotic Addict Rehabilitation Act;

13. approve deferred prosecution agreements in felony cases pending before the Magistrate Judge in which no indictment or information has been filed;

14. issue administrative inspection warrants and other compulsory process sought by administrative agencies of the United States; and 15. perform any additional duty as is not inconsistent with the Constitution and laws of the United States.

G. Assignment of Duties of Magistrate Judges. The Clerk of Court will assign each non-prisoner civil action to a District Judge or a Magistrate Judge by automated random selection such that a Magistrate Judge will be assigned a case, in the first instance, approximately one-third of the time. All prisoner civil cases and non-death penalty habeas cases will be assigned only to a Magistrate Judge.

In the event the action is assigned to a Magistrate Judge, each party shall execute and file within 21 days of its appearance a form, either consenting to the jurisdiction of the Magistrate Judge or electing to have the case randomly assigned to a District Judge. If a party elects to have the case assigned to a District Judge, the Magistrate Judge shall continue to manage the case by deciding non-dispositive motions and submitting reports and recommendations on dispositive motions, unless otherwise directed by the District Judge. If all parties do not consent to Magistrate Judge jurisdiction, a District Judge shall be assigned and the Magistrate Judge shall continue to manage the case consistent with 28 U.S.C. § 636.

H. Forfeiture of Collateral in Lieu of Appearance.

1. Pursuant to paragraph G(2) of the order of this Court of March 9, 1971, adopting rules for United States Magistrate Judges (LCvR 72.A), this list is established setting forth those petty offenses for which trial appearance shall be mandatory and the amounts of collateral forfeiture which may be acceptable in lieu of appearance.

2. Petty offenses for which trial appearance shall be mandatory:

a. traffic offenses:

i. indictable offenses;

ii. offenses resulting in an accident where one of the following conditions are met:

(a) two or more vehicles are involved;

(b) personal injury has resulted; or

(c) property damage in excess of $200 has resulted.

iii. operation of a motor vehicle while under the influence of intoxicating liquor or a narcotic or habit producing drug, or permitting another person who is under the influence of intoxicating liquor or a narcotic or habit producing drug to operate a motor vehicle owned by the defendant or in his or her custody or control;

iv. reckless driving;

v. leaving the scene of an accident;

vi. driving while under suspension or revocation of a driver's license;

vii. driving without being licensed to drive;

viii. exceeding the speed limit by more than 15 miles per hour; or ix. a second moving traffic offense within a 12-month period, as indicated by a notation on a driver's license.

b. non-traffic offenses:

i. drunkenness; or ii. disorderly conduct.

3. In all other petty offenses collateral forfeitures may be accepted by the duly authorized representative of the agency in an amount not greater than 25% of the maximum fine established by law for each offense, but in no event less than ten dollars ($10.00); provided, however, that the enforcing agencies shall file with the Clerk of Court a schedule of collateral forfeitures approved by the Chief Judge. However, in those petty offenses for which the maximum fine established by law is less than ten dollars ($10.00), collateral forfeitures may be accepted in an amount equal to the maximum fine.