Rule 320 Magistrate Judges: Powers Designated by Judge
Rule Text
(a) General. Pursuant to 4 V.I.C. § 123(b)(l) and (2), the Presiding Judge may assign a magistrate judge to hear and determine any pretrial matter, requested by a judge of the Superior Court, pending before the court (except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, for dismissal or quashing an indictment or information made by the defendant, suppression of evidence in a criminal case, dismissal or to permit maintenance of a class action, dismissal for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action), including matters before the Family Court; and to conduct hearings, including evidentiary hearings, to submit proposed findings of fact and recommendations for the disposition, by a Superior Court Judge, of any motion pertaining to the application of post-trial relief made by individuals convicted of criminal offenses and a prisoner's petition challenging conditions of confinement.
(b) Procedures for designating a magistrate judge. A judge of the Superior Court who wishes to utilize a magistrate judge to hear matters pursuant to 4 V.I.C. §123(b)(l) and (2) must complete and submit the form “Request For Designation of Magistrate Judge” to the Presiding Judge or his designee, who shall forward it to the Clerk of the Court. The Clerk’s office shall assign the magistrate who is next in the regular rotation for assignments and indicate same in the space provided on the designation form. The Clerk shall enter the request and the designation on the official docket of the affected case(s). A copy of the designation form shall be served on the parties and on the designated magistrate judge. (See Form D.)
(1) Pretrial Matters. A magistrate judge may hear and determine pretrial matters pending before the court, including matters before the Family Court, except a motion for injunctive relief in non-domestic violence cases, for judgment on the pleadings, for summary judgment, for dismissing or quashing an indictment or information made by the defendant, suppression of evidence in a criminal case, dismissal or to permit maintenance of a class action, dismissal for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action.
(2) Nondispositive Matters. When a pretrial matter not dispositive of a party’s claim or defense is referred to a magistrate to hear and decide, the magistrate judge must promptly conduct the required proceedings and, when appropriate, issue a written order stating the decision. A party may serve and file a motion for reconsideration to the order within ten (10) days after being served with a copy of order. The motion for reconsideration shall be served upon the judge assigned to the case. Unless a stay is requested and good cause shown, as determined by the judge, the magistrate judge’s order will not be stayed pending the result of the motion for reconsideration. A party may not assign as error a defect in the order not timely objected to.
(3) Warrants. All warrants may be issued by a magistrate judge of the Superior Court. Violation of conditions of release does not require a new charging document, however, violators may be arrested and brought before the assigned judge or, if not yet assigned, before the magistrate judge who set the conditions of release. Warrants issued for violation of conditions of probation shall be heard by the sentencing judge or the judge to whom the case is assigned.
(c) Reconsideration of Pretrial Matters. A judge of the Superior Court may reconsider any pretrial matter assigned to a magistrate judge pursuant to this rule, sua sponte or on motion by a party, where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.
The judge should consider timely objections and modify or set aside any part of the order that is clearly erroneous or contrary to law.
(1) Timing. Once the magistrate judge issues a written order stating the decision in a pretrial matter not dispositive of a party's claim or defense, a party may serve and file a motion to reconsider the order within ten (10) days after being served with a copy. Such motions for reconsideration shall be directed by the Clerk of the Court to the trial judge to whom the case was initially assigned. Within thirty (30) days of the date of entry of the magistrate judge’s order, the trial judge assigned to the case shall review the issues timely objected to and set aside any part of the order that is clearly erroneous or contrary to law.
(2) Filing of Objections. The party must file an objection to a magistrate judge’s pretrial order with the Clerk of the Court and serve a copy on the other party. The adverse party shall have ten (10) days within which to file a response. After receipt of the party's response, or after expiration often (10) days after filing of the objection, the Clerk of the Court shall cause a copy to be delivered to the trial judge assigned to the case.
(3) Resolving Objections. The trial judge assigned to the case shall review the issues timely objected to and set aside any part of the order that is clearly erroneous or contrary to law. The trial judge shall enter an order granting or denying the motion for reconsideration and stating the reasons therefore. The Clerk of the Court shall serve the orders granting or denying reconsideration on the parties and on the magistrates, and shall enter the same on the official docket.
(d) Disposition of Prisoner Petitions.
(1) Findings and Recommendations. Pursuant to 4 V.I.C. § 123(b)(2), a magistrate judge may be designated to conduct hearings, including evidentiary hearings, to submit proposed findings of fact and recommendations for the disposition, by a judge of the Superior Court, of any motion, regarding the application of post-trial relief made by individuals convicted of criminal offenses and a prisoner’s petition challenging conditions of confinement. The magistrate judge must promptly conduct the required proceedings, maintain a record of all proceedings, and enter a recommended disposition including, if appropriate, proposed findings of fact. The Clerk must serve a copy to each party and transmit a copy to the assigned judge.
(2) Objections. Within twenty (20) days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. A party may respond to another party’s objections within twenty (20) days after being served with a copy. Unless the judge of the Superior Court orders otherwise, the objecting party must promptly arrange for transcribing the record, or whatever portions of it the parties agree to or the magistrate judge considers sufficient.
(3) Resolving Objections. The judge of the Superior Court must review de novo any part of the magistrate judge’s disposition that has been properly objected to. The judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions. After affording the parties an opportunity to object thereof, the trial judge may accept, reject, or modify the recommended disposition and shall enter an order to that effect.
(4) Magistrate Judge’s Findings. The magistrate's findings do not constitute a final judgment and only the trial judge's order will be controlling.